Rutgers Journal of Law & Public Policy


Welcome to the Rutgers Journal of Law & Public Policy's Region in Review blog covering regional legal issues. As one of the first law journals to provide online-exclusive commentary, the blog provides fresh and dynamic perspectives on the region's emerging questions of law and policy. We are always accepting contributions that focus on current, region-centric topics. If you are interested in contributing, please email Submissions should be no longer than 3,000 words.  

-RJLPP Editorial Board

Terminable-at-Will Clauses and Executory Contracts in Bankruptcy: An Examination of Third Circuit Treatment and Practitioner Guidance

By: Brett Buterick

January 22, 2015

At present, Third Circuit bankruptcy courts have not addressed the issue of dissolution of an executory contract on the basis of a terminable-at-will provision. How should the Third Circuit bankruptcy courts address this issue? What are practical positions for contracting parties when dealing with terminable-at-will provisions?

Volume 11, Issue 4: Current Issues in Public Policy

The Editorial Board is pleased to announce the publication of Volume 11, Issue 4 of the Rutgers Journal of Law & Public Policy. This issue includes articles on a variety of topics such as population losses in large American cities, antitrust violations of reverse payments, and the enactment of Parent Trigger laws. 

Volume 11, Issue 3: Current Issues in Public Policy

The Editorial Board is pleased to announce the publication of Volume 11, Issue 3 of the Rutgers Journal of Law & Public Policy. This issue includes articles on a variety of topics such as domestic violence in religious communities, unpaid internships, reforming the Toxic Substances Control Act, how the Eighth Amendment guarantees gender reassignment surgery in prisons, and the need for properly tailored anti-piracy laws. 

Gay Bashing, Trans Slayings, and the Reasons Why LGBTQ Philadelphians Remain Woefully Unsafe in 2014

By: Alexi Velez

December 2, 2014

The “gay bashing” of a Philadelphia couple in September 2014 was widely covered by national news outlets. In the wake of the attack, it became apparent that LGBTQ Philadelphians find limited benefit, if any, in current state and federal hate crime statutes. Additionally, there was a striking disparity between reactions to the September attack and past attacks suffered by transgender Philadelphians. Why are hate crime laws unavailing? Why have hate-driven crimes against transgender individuals been treated so differently?

State v. Terry and Savoy: An Affirmation of the Continued Importance of the Marital Communications Privilege in New Jersey

By: Kathryn Somerset

November 3, 2014

The marital communications privilege has historically protected spousal communications from compelled disclosure in criminal courts via New Jersey Evidence Rule 509. However, in a recent New Jersey Supreme Court case, State v. Terry and Savoy, the privilege’s limitations became a topic of contention. Notably, due to public policy considerations, the N.J. high court proposed an amendment to Evidence Rule 509 for a crime-fraud exception. 

Philadelphia Faces Class-Action Lawsuit Over Property Seizures

By: Andrew Schwerin

October 15, 2014

The city of Philadelphia has been earning millions of dollars under a process known as civil asset forfeiture. In August, the Sourovelises' filed a class-action lawsuit against Philadelphia for violation of their due process rights under the Fourteenth Amendment.  In doing so, the Institute for Justice is seeking for the civil forfeiture practices to be deemed unconstitutional.  The significant inquiry arising from this case is whether the court will step in to curtail states' rights? If so, what steps will the court take to reform seizure practices?

A Fluid Interpretation: Pennsylvania Courts’ Conflicting Interpretations of the Legislature's Intent for the Guaranty Minimum Royalty Act

By: Mark T. Wilhelm

October 1, 2014

Pennsylvania landowners have been leasing their mineral rights for decades. Pennsylvania's Legislature adopted the Guaranty Minimum Royalty Act in 1979, to protect mineral right owners' right to royalties from those leases. Pennsylvania courts have recently interpreted that law with mixed results for landowners.

A Tour of the Second Amendment in the Third Circuit and Beyond

By: Aimee Blenner

September 23, 2014

The right to bear arms is guaranteed by the Second Amendment, but there are a plethora of differing opinions regarding how that right can be regulated. Various circuit courts have interpreted the scope of the Second Amendment very differently. Notably, the Third Circuit has evaluated and clarified the specific rights that the Second Amendment protects.

Setting the Bar in Cyberspace: How the FTC is Enforcing Standards That Protect Individuals Online

By: Sam Pellegrino

September 8, 2014

Cyber attacks are becoming more common and companies have lost substantial amounts of their consumers' finances as a result of poor security online. Without any congressional guidance there have been few successes in establishing a baseline standard of online security. The FTC has sought to fix this problem before, but can it be successful within the constraints of its own legislative intent? This past summer, a federal district court has answered in the affirmative. Although such a decision allows for consumers to have greater protection, it may also be the start of government intrusion into private businesses online.