Courting Justice

Courting Justice

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Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world. Its decisions in cutting-edge cases have confronted societya€™s toughest issues, reflecting changing social attitudes, modern lifea€™s complexities, and new technologies. Paul Tractenberg has selected ten of the courta€™s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the casesa€™ litigation, enabling them to provide special insights. An overview chapter provides context for the courta€™s distinctive activity. Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the childa€™s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megana€™s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts. Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys a€˜Ra€™ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes. For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, a€œthe designated last-resort guarantor of the Constitution's command.a€ For Tractenberg, the courta€™s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.When Coopera#39;s business grew and she wanted more space she negotiated a new lease agreement for a larger space. During negotiations for the second lease, the landlord orally promised to fix the water seepage problems that had arisen during the first lease term. ... nation.29 It then noted that the source of the water problems in the driveway that ran alongside the building was not in an area controlledanbsp;...


Title:Courting Justice
Author:Paul L. Tractenberg
Publisher:Rutgers University Press - 2013-07-23
ISBN-13:

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