One of the fundamental tensions in true constitutional thought is the tension between encouraging and protecting the freedom of speech on the one hand, and the societal duty to discourage and/or punish hate speech, on the other.Anyone--whether a lawyer or not--who...
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Plausibility and Common Sense DANGER
One of the must consequential decisions of the Supreme Court's last term didn't look so consequential at first, but it has since.In the case of Ashcroft v. Iqbal, an Arab-American sued the Bush Administration for abuse borne of racial profiling after the 9/11...
I Didn’t Sexually Harass Her But They Fired Me Anyway
We've heard this many times, nearly always from men facing allegations from women in the workplace. The standard fact pattern was usually a "he said, she said" scenario, where, given a choice of whom to believe, the employer chooses the female accuser over the male...
Corporate Greed
Folks, I can't say it better. This is from a CBS news analyst and speaks eloquently to what I do, why I do it, and why it's time to change the culture in this country and bring the business world to heel. Here it is: "Made in America: Corporate Gall" Dec. 20, 2008...
Bigoted Pediatrician
I had a same sex female couple come in to my office to see my partner and I the other day. They had a beautiful little girl who was only a few weeks old. They live in New Jersey. Bear that in mind as I tell you the story, because, while this story's facts might not be...
Racism in the Jury Box
Here's another in the never ending list of stories we as civil rights attorneys have to tell, in order to bang through the heads of Americans to get them to understand that racism is still ALIVE AND WELL in the USA. Of course, it's alive and well all over, but aren't...
Governor Corzine Lets Down The People of New Jersey
For years, the American Association for Justice and the New Jersey Trial Lawyers Association have been trying to right a long standing wrong in New Jersey. New Jersey remains one of only 10 states which still do NOT ALLOW pain and suffering damages to survivors when...
The McDonalds Myth
Ever hear someone rant and rave about the "McDonald's Coffee Case?" About how "that's what wrong with our Court Systems," and other ignorant nonsense? They're wrong. They're spouting - and repeating - MYTHS. Here are the FACTS... MYTH #1: "The Coffee wasn't that...
Caps On Damages Dont Work
"Caps on Damages Don't Work" This excellent editorial appeared on Newsday.com on Oct 17 2007:" Darrie Eason is a penetrating example of what's wrong with proposals to cap damages for pain and suffering in medical malpractice cases. The high cost of malpractice...
A Rose By Any Other Name – Marriage
The NJ Supreme Court's decision in Lewis v. Harris, which recognized as fundamental a same sex couple's right to have all the benefits of marriage, was, in the classic sense, a compromise borne of cowardice. My point is not to 'debate' same sex marriage. There is no...



