Rutgers Journal of Law & Public Policy


Volume 8, Issue 1: Current Issues In Public Policy

Vol5Issue1
Volume 8, Issue 1: Current Issues In Public Policy
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8 Rutgers J. L. & Pub. Pol'y 1 (Fall 2011)
 
Ricci v. DeStefano involved claims that the City of New Haven, Connecticut discriminated against a group of white and Hispanic firefighters who received the highest scores on two civil service examinations. Statutory claims were asserted under Title VII of the Civil Rights Act of 1964. Two separate constitutional claims alleged violations of the Fourteenth Amendment of the U.S. Constitution. One of these claimed reverse discrimination to the disadvantage of the white and Hispanic firefighters, and the other contended that New Haven created an unlawful racial classification when it declined to promote the white and Hispanic firefighters. .... [read more]

 

 
 
 PUNITIVE DAMAGES IN ASBESTOS PERSONAL INJURY LITIGATION:
THE BASIS FOR DEFERRAL REMAINS SOUND

By: Mark A. Behrens & Cary Silverman
8 Rutgers J. L. & Pub. Pol'y 50 (Fall 2011)
 
In 1991, the federal court system took an important step to slow the tide of asbestos-related bankruptcies that still threatens compensation for the sick. The judge then managing the federal asbestos multidistrict litigation docket (MDL 875), United States District Court Judge Charles Weiner of the Eastern District of Pennsylvania, chose to sever and retain jurisdiction over demands for punitive damages while allowing the issues of liability and compensation matters to proceed to trial. Judge Weiner's practice was affirmed and strongly supported on public policy grounds by the U.S. Court of Appeals for the Third Circuit. Forward-thinking state court judges who  were managing large asbestos personal injury dockets in jurisdictions including New York, Pennsylvania and Baltimore City also chose to defer punitive damages claims to promote sound public policy. ... [read more]

 

AN ANALYSIS OF THE FCC’S RULING ON FLEETING PROFANITIES AND OBSERVATIONS ON THE ROAD AHEAD FOR THE HIGH COURT
By: William Arthur Wines & Mark E. Linebaugh
8 Rutgers J. L. & Pub. Pol'y 73 (Fall 2011)
 
The holder of an FCC broadcasting license takes that franchise “burdened by enforceable public obligations.” Among those public-interest obligations is a duty not to transmit indecent material during times when children are likely to be listening. The duty of licensees to refrain from broadcasting indecent materials was first set out in the Radio Act of 1927. The U.S. Code now makes it unlawful to “utter[] any obscene, indecent, or profane language by means of radio communication ....”
 
In 1978 the U.S. Supreme Court upheld on a 5-4 vote an FCC ruling in the case of FCC v. Pacifica Foundation. That case involved an afternoon broadcast of a recording of George Carlin's satiric monologue entitled “Filthy Words.” Justices Powell and Blackmun concurred in part in the plurality opinion of Justice Stevens and concurred in judgment. They wrote that the decision was restricted to the playing of the recording in the afternoon and was limited to the facts of the case because it did not uphold or review the sweeping order of the FCC. ... [read more]

 

STATE HIGHER EDUCATIONAL AGENCIES AND THE STATES RESEARCH UNIVERSITY: A TIME WITHIN THE UNIVERSITY TO COLLABORATE ON PUBLIC POLICY AND BUSINESS ENTERPRISE OF COMMUNITY GROWTH 
By: James E. Holloway, Michael Harris, Douglas Schneider, Elaine Seeman,
Donald Ensley & James Kleckley
8 Rutgers J. L. & Pub. Pol'y 128 (Fall 2011)
 
The need for state higher educational agencies and state research universities to perform more than their traditional role requires them to consider taking on the additional role of urging and assisting a municipal, county, or state regional (community) government and businesses to concurrently enhance community growth and integrate and expand economic development. Community, state, and federal policy-makers and business managers can give greater support to this additional role by demanding state research universities and state higher educational agencies (agencies) promote and support broader and useful intellectual collaboration among departments, schools, and colleges (intellectual units). Greater collaboration is needed so that university resources may be harnessed in order to find and develop ends and grounds and create specific public and private means and projects to enhance community growth and expand and integrate economic development. Collaboration among intellectual units within the university must be effectively regulated and managed by these agencies. The reasons are that intellectual collaboration supports community policymakers, business decisionmakers, and public and private managers by making contributions to enhance community growth and to integrate and expand economic development.  ... [read more]