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New Jersey Lawyer Magazine 2001

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New Jersey Lawyer Magazine is the Association's award-winning publication, delivered bimonthly to members.  Each issue focuses on a particular area of substantive law, showcasing informative articles by experts in the field.  While most of the authors and special editors are members of the Association, outside authors are occasionally tapped for contributions as well.  To advertise, contact Lynn Marie Ziobro at or Paula Portner at To submit an article for possible publication, contact Cheryl Baisden at

For copies of articles and issues of the New Jersey Lawyer Magazine, please contact Member Services at 732-249-5000.

New Jersey Lawyer Magazine December 2001/No. 212



Table of Contents: President’s Perspective: Our Amicus Efforts by Daniel M. Waldman; Message from the Special Editors by Margaret Goodzeit and Laurence B. Orloff; Contention Interrogatories by Gianfranco A. Pietrafesa; Requests for Admissions: An Underutilized Litigation Tool by Alan Naar; Pre-Hearing Discovery for Arbitrators by Murray D. Brochin; Managing Internal Investigations: With the View of Preserving Evidentiary Privilege by Michael S. Haratz; Dealing With Problems at Depositions by Gianfranco A. Pietrafesa; Diversity: Professional Ethics and Bias in the Profession by Steven Richman; Off the Beaten Path: Attorneys’ Fees and Damages in Special Education Cases by Candice Sang-Jasey and Linda D. Headley; Legal Creativity: Barbed Wire by Cheryl Baisden


New Jersey Lawyer Magazine October 2001/No. 211

Insurance Law


Table of Contents: President’s Perspective: Giving From the Heart by Daniel M. Waldman; Message from the Special Editors by John Burke and Susan Stryker; Risk Shifting in Commercial Contracts: Additional Insured Endorsements and Contractual Indemnity Provisions by Kevin R. Coughlin and Robert J. Re; How to Get a Defense When Your Insured Denies Coverage by Nielsen V. Lewis; The ABCs of D&O Coverage by Robert D. Chesler and Lisa M. Campisi; A Primer on Advertising Injury Coverage in the E-Commerce Era by Robert J. Brennan and Laura C. Conway; A Patient’s Bill of Rights – Be Careful What You Ask For by William F. Megna and Charles B. Lynch; Today’s Insurance Information Privacy: Why New Jersey Leads the Pack by John P. Halvorsen; Legal Writing: Publishing the Unpublished Opinion by Martin L. Haines; Legal Practice: Getting Non-Party Business Records into Evidence by Gianfranco A. Pietrafesa; Legal Creativity: Ode to October by Joanna A. Sadowska


New Jersey Lawyer Magazine August 2001/No. 210

Legal Writing


Table of Contents: President’s Perspective: Building Bridges by Daniel M. Waldman; Message from the Special Editors by Susan R. Kaplan and Meredith F.M. Mason; Writing Persuasively at the Trial Court Level: Practical Tips on Style and Substance by Helen E. Hoens; Appellate Standard of Review: Indentify the Rule and Use It as a Persuasive Tool by Ellen Lewis Rice; How Lawyers Can Make Better Motions by Sahbra Smook Jacobs; “Plain English” – Beyond Prospectus Disclosure by Barbara J. Comly; Intent, Process and Liability in Estate Planning by Joseph C. Mahon; Legal Practice: Developing the Fine Art of Listening by R. Hal Ritter Jr. and Patricia a. Wilson; Diversity: Sexual Harassment in Law Firms: The Cobbler’s Children Revisited by Johnny Darnell Grlggs; Ethics: Learning From Bill McElroy, the Quintessential Professional; Off the Beaten Path: Good Intentions Still Matter: A Health Care Anti-Kickback Case Requires a Finding of Specific Intent to Violate the Law by Michael M. Mustokoff and Robin Locke Nagele


New Jersey Lawyer Magazine June 2001/No. 209

Tax Law


Table of Contents: President’s Perspective: A Look Toward the Future by Daniel M. Waldman; Message from the Special Editor by Daniel Lebar; Taxing Concerns in Matrimonial Law by Robert J. Durst II; Chapter 11 May Not Close the Book on Municipal Tax Payments by Robert J. Cirafesi and Alan J. Brody; An Overview of Taxation Issues in Bankruptcy by Leonard C. Walczyk; Subrogation by Ronald B. Grayzel; Tax Sale Certificates 2000 by David A. Saltman; Ethics: How to Win a Fee Petition by James P. Schratz; Off the Beaten Path: Some Important Differences Between Patent Practice in Europe and the United States by Arthur L. Plevy; Diversity: Testimony Before the New Jersey Senate Judiciary Committee Special Investigation into Racial Profiling by Regina Waynes Joseph


New Jersey Lawyer Magazine April 2001/No. 208

Election Law


Table of Contents: President’s Perspective: How Does the Bar Association Represent All Its Members? by Barry D. Epstein; Message from the Special Editor by Lawrence Jones; Four Proposed Targets for Election Reform by Robert J. Del Tufo; Election Reform: Will There Be a Silver Lining to Election 2000? by W. Cary Edwards; The Electoral Process in New Jersey: An Overview and Recent Developments by Donna Kelly; New Jersey’s Experiment with Campaign Finance Reform by Donald Scarinci; Defamation in Political Campaigns by Charles Starkey; The Attorney’s Guide to Recount Procedures by John M. Carbone and Angelo Genova; Election Law: Legislative Update by John O. Bennett; Initiative, Referendum and Recall in New Jersey by Michael A. Pane; The History of Contested Elections in New Jersey by John M. Carbone; Are We Losing Good Candidates? A Campaign Manager’s View by Jack Moriarty; Legal Practice: Scrap Collector: The Fable ‘Rock Soup’ Embodies the Essence and Importance of Discovery by Wes Avery; Off the Beaten Path: Whiners are Not Whistleblowers by A. Michael Barker


New Jersey Lawyer Magazine February 2001/No. 207

Making New Law


Table of Contents: President’s Perspective: Coping with the Law of Rules by Barry d. Epstein; Message from the Special Editor by Lawrence Jones; Legal Insights From the Governor’s Chair: A Bill Isn’t Always a Law by Brendan T. Byrne, Lawmaking as Problem Solving by James J. Florio; Making New Law: Lessons I Learned From Baby M. by Gary N. Skoloff; Custody/Visitation Rights for Non-Biological Parents: Analyzing V.C. v. M.J.B. by Robin Wernik; Oswin v. Shaw and the Birth of the Verbal Threshold Defense by R. Peter Connell; Portee v. Jaffee: Creating New Law to Protect Witnesses of Serious Accidents by Joseph Maran; School Searches Versus a Student’s Right to Privacy: Revisiting New Jersey v. T.L.O. by Allan J. Nodes; Marini v. Ireland: Recollections 30 Years Later by Joseph V. Ippolito; Propelling Toward Reality the Law’s Promise of a Discrimination-Free Workplace: Lehmann v. Toys ‘R’ Us by Frederic J. Gross; Diversity: Fatal Profiles: Too Many ‘Tragic Mistakes’ Not Enough Justice by Delores D. Jones-Brown; Ethics: Ethics 2000: Potential Implications for New Jersey’s Rules of Professional Conduct by Kenneth J. Wilbur; Legal Creativity: The Popular Score: A Children’s Story Updated for Election 2000 by Lisa James-Beavers