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New Jersey Lawyer Magazine 2003

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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 2003/No. 225

Remedies and Damages


Table of Contents: President’s Perspective by Karol Corbin Walker; Message from the Special Editor by Susan Stryker; The Cognovit:  A Shortcut to Recovery by Michael Y. Shimshak; When Time is Critical, Seek an Injunction by John P. Lacey; A Wrong Can Make a Right – When it’s Intentional by John K. Bennett; Recovery of Economic Loss Damages in Fear of Future Injury Class Action Product Liability Cases by Eric S. Probst; A Practitioners Guide to Set-Off and Recoupment by Robert P. Zoller and Christopher E. Torkelson; What Every Litigator Needs to Know About Appellate Argument Preservation by Jennifer A. Keller; The Expansion of Recoverable Damages in Legal Malpractice Actions Impacts Us All by Diana C. Manning; Legal Practice: The Law Governing Letters of Intent and Other Preliminary Agreements by Gianfranco A. Pietrafesa; Practice Tips: Compilations, Reviews and Audits in the Age of Scrutiny by Leo J. Zatta


New Jersey Lawyer Magazine October 2003/No. 224

Intellectual Property Law


Table of Contents: President’s Perspective by Karol Corbin Walker; Message from the Special Editor by Steven Richman; An Overview of Australian Import Regime for Copyright Materials by Christine Ecob and Daniel Coots; Shades of Gray: Current Legal Issues Regarding Parallel Imports by Steven Richman; A New Toll Booth on the Research Highway for Pharmas: Reconsidering the Research Use Exemption to Patent Infringement by Marc S. Friedman and Joel N. Bock; Patent Reexamination Reexamined: Recent Statutory Changes May Alter the Landscape by Marcus J. Millet; Writing Effective E-Commerce Development Agreements by Thomas M. Laudise and Leonard T. Nuara; The Globalization of Trademark Protection by Susan Okin Goldsmith; The Harmonization of Intellectual Property Rights Throughout the European Union by Mauro Paiano and Ann Critchell-Ward; Practice Tips: Hot Tips for Attorneys Whose Clients are in Mediation by Bonne Blume Goldsamt; Legal Practice: Caring for the Client’s Future v. Protecting the Practice form Liability Exposure by Joseph A. DiGangi; Off the Beaten Path: Oswin to AICRA – A Level Playing Field? by R. Peter Connell; Legal Creativity: A Day in Cape May by Cheryl Baisden


New Jersey Lawyer Magazine August 2003/No. 223

Family Law


Table of Contents: President’s Perspective: Midnight Mischief in Trenton by Karol Corbin Walker; Message from the Special Editor by Margaret Goodzeit; Burden of Proof in Removal Cases: Who Has it – What is it? by Herbert S. Glickman and Bari Zell-Weinberger; Keeping the Genie in the Bottle: Enforceability of Consent to Jurisdiction Clauses in Light of the UCCJA by Mark Biel; Hague Convention on International Child Abduction: A Brief Review by John P. Paone Jr.; Representing Same-Sex Couples: 2033 Update by Toby Solomon; Divorce and Email Privacy by Alan M. Grosman; The Continuing Debate Over Brown: What Constitutes Extraordinary Circumstances? by Charles F. Vuotto and Scott A. Maier; Top Ten List of QDRO Helpful Hints by DeAnne C. DeFuccio; Present Solutions for Future Benefits in Divorce by Kimberle Bruckno Moore and Richard Pollard; A Survey of Enforceability of Cohabitation Agreements in New Jersey by Theresa E. Julian; A Primer on Preparing Premarital Agreements by Richard H. Singer Jr.; Law Office  Management: The Key to Turning Prospects Into Clients by Trey Ryder; Off the Beaten Path: Disability Discrimination: Failure to Accommodate or Disparate Treatment by Arthur R. Thibault Jr.


New Jersey Lawyer Magazine June 2003/No. 222

Special Education Law


Table of Contents: President’s Perspective: Focusing on Inclusion by Karol Corbin Walker; Message from the Special Editor by Lawrence R. Jones; Meeting the Needs of Students with Disabilities by Governor James E. McGreevey; Procedural Basics of Special Education Hearings by Joseph R. Morano; Recent Developments in Special Education Law by Ira M. Fingles; Inclusion for the Developmentally Disabled Child by Michael I. Inzelbuch; How to Try an Autism Case by Gary S. Mayerson; The Stay-Put Provision and its Implications to Practitioners by George M. Holland; Home Programming for Special Education Students by Beth Callahan; Out-of-District Placement for the Special Needs Child by Michaelene Loughlin and Sherry Chachkin; Special Education as a Civil Right by Rebecca K. Spar and David M. Kohane; Enforcing Administrative Law Special Education Decisions During the Appeal Process by Theodore A. Sussan; Attorney Fees in Special Education Cases by Robert H. Greenwood; Enabling the Gifted-Disabled Learner by Barbara Clark; The Role of Special Education counsel in Maximizing the Exceptional Child’s Success by Jill Greenberg Kail and David S. Thalheimer; Serving the Needs of Disabled Children: A Look at  the Special Education Clinic at Rutgers Law School-Newark by Esther Canty-Barnes; An Outline of the Laws and Regulations Governing Student Discipline in the Public School by Richard H. Bauch; What Makes and Effective Special Education Attorney: A Parent’s View by Joni Jones; Legal Creativity: Law Review: A Love Story by Lawrence Savell


New Jersey Lawyer Magazine April 2003/No. 221

Appellate Practice


Table of Contents: President’s Perspective: Summing Up the Year by Richard J. Badolato; Message from the Special Editor by Meredith F.M. Mason; Understanding the Appellate Process by Dale E. Console; A Practical Guide to Appellate Advocacy Before the New Jersey Supreme Court by Daniel J. O’Hern; Advice to the Novice (and Seasoned) Appellate Lawyer by William A. Dreier; Eight Inches Below the Horizon: An Argument Before the U.S. Supreme Court by Howard M. Hoffman; Courtus Interruptus: One Lawyer’s Experience in the Life of the Law by David B. Rubin; Avoiding the Pitfalls of Mootness on Appeal by Maeve E. Cannon; Ethics: Standing Up to Corruption and Greed; Law Office Management: How to Prevent Problems with Unreturned Phone Calls by Trey Ryder; Off the Beaten Path: Trade Secrets – Two Sides to the Story by Arthur L. Plevy and Alison Rohmer; Legal Creativity: An American Lawyer in London by Brad Meltzer


New Jersey Lawyer Magazine February 2003/No. 220



Table of Contents: President’s Perspective: Under the Microscope by Richard J. Badolato; Message from the Special Editor by Mitchell Cobert; Observations of an Experienced Arbitrator; The Statewide Civil Non-Binding Court-Annexed Arbitration Program – A Primer by Jane F. Castner and Michelle v. Perone; Employment Disputes: An Analysis and Evaluation of the Arbitration Process in Employment Disputes by Edward F. Broderick; Construction Contracts: Arbitration As a Means of Dispute Resolution in New Jersey by Dennis J. Drasco and G. Michael Foulon; Mandatory Personal Injury Arbitration by Norman M. Hobbie and Jacqueline DeCarlo; Alternative Dispute Resolution in Negotiated Transactions by Ellen B. Kulka; Securities Arbitration: Do You Have a Cause of Action or Not? by Mitchell H. Cobert; Ethics: A New Paradigm for Lawyers? by Robert P. Borsody; Legal Update: Natural Resource Damages: The Sleeping Giant Awakens by William H. Hyatt Jr. and Emily L. Won; Off the Beaten Path: Voyages of Discovery: Obtaining Orders for Discovery in England in Support of Proceedings in the U.S. by Jonathan Cohen; Legal Creativity: First Assignment – Lost Again by Albert Stark