"One who commits a breach of contract must make reparation in the form of paying compensatory damages to the aggrieved party. In determining the amount to be awarded, the aim is to put the aggrieved party in as good a position as that party would have been if performance had been rendered as promised.” “ It is also an almost inflexible proposition that a party who has been wronged by a breach of contract may not sit idly by and allow damages to accumulate, but rather must make reasonable efforts to minimize those damages”. Although applications of the mitigation principle pervade the rule
This note considers the recent decision of the New Jersey Supreme Court in In re N.H. that requires the prosecution to provide full discovery to juveniles prior to a waiver hearing, ensuring that the best interests of juvenile offenders are protected. The author proposes that the mandate helps to prevent some of the racial and geographical impacts of not providing full discovery, and discusses the ethical implications of these issues. A brief overview of the juvenile court system, as well as U.S. Supreme Court and New Jersey case law is provided.
This article discusses the dramatic rise in occupations that require licenses over the last few decades, as well as the onerous requirements that often accompany the licenses, making it difficult for some individuals to practice their chosen trade. Obtaining and maintaining occupational licenses often requires time, training, and fees. The author argues that this required licensing affects the basic right to earn a living, and thus warrants a different level of scrutiny by the courts than what is usually applied.
This note addresses the procedural and substantive legal issues that need to be addressed before proposals to prohibit individuals on terrorist and no-fly lists from purchasing guns could be implemented without violating constitutional rights. Currently, individuals on these lists are often unaware of their inclusion, and when they do discover it they are rarely able to discover the reason behind it, nor can they easily appeal the decision. As it stands a blanket prohibition on gun purchases by all individuals on these lists would violate both due process and 2nd Amendment rights.
Article discusses “Do Not Attempt Resuscitate” (DNAR) orders describing their effects on educators and schools. Author recognizes how the legal and practical considerations are highly complex, and how this issue is very emotionally charged. Focuses on the dilemma faced by educators when they are forced to follow DNAR orders, and how schools are not equipped to address these issues.
Article discusses the burgeoning field of space law, development is space militarization, and dual-use satellites. Provides a brief overview of space law and war theory, and illustrates tension between bodies of law by exploring issues that dual-use satellites create. Also, discusses public policy implications of war in space, and invites reconsideration of traditional laws of war to better encompass space-time conflict. View More
Comment discusses current and proposed disciplinary mechanisms in schools. Illustrates the notion that suspension and expulsion practices, like corporal punishment, need to be left in the past; and extolls the benefits of restorative justice models in lieu of current suspension and expulsion measures. Starts by showing how suspension and expulsion practices violate Due Process rights under the Fourteenth Amendment.