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New Jersey Lawyer Magazine 2005

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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 2005/No. 237

Special Lands


Table of Contents: President’s Perspective by Stuart Hoberman; Message from the Special Editor by James J. Ferrelli; Public Rights of Access to and Use of the Shores of Tidal Waterways in New Jersey by Brian Weeks; Litigating a Public Trust Doctrine Case by Stuart Lieberman and Shari Blecher; Top 10 Tips on Handling Tidelands Applications by William E. Andersen; The Highlands Act: Using Regional Planning to Protect Public Trust Resources by Thomas A. Borden; Does the New Jersey Constitution Apply to State Agencies?: Examining the Reach of COAH’s Growth Share Regulation by Richard J. Hoff Jr. and Carl S. Bisgaier; Eminent Domain in New Jersey After Kelo: What’s Next? by James J. Ferrelli; NJDEP Approves the Use of Risk Transfer Tools to Facilitate Brownfield Transactions by Dennis M. Toft and Todd w. Terhune; Signs of the Times: A Primer on Outdoor Advertising Signs by James G. Gardner; Vapor Intrusion – Add Another One to Your List by William S. Hatfield and Camille V. Otero; Case Note: Deemed If You Do: Third Circuit Rejects Substantive Consolidation in Owens Corning by David J. Adler and Brian F. Moore; Legal Marketing 21 Ways to Overcome Competitive Weaknesses and Increase Your Credibility by Trey Ryder; Legal Creativity: In Petto by Theodore Meth


New Jersey Lawyer Magazine October 2005/No. 236

Children’s Rights


Table of Contents: President’s Perspective by Stuart Hoberman; Message from the Special Editor by Meredith F.M. Mason; Are Abused and Neglected Children in New Jersey Faring Any better Since the Tragedies of 2003? by Randi Mandelbaum; The Changing and Uncertain Status of Same-Sex Families by Stephen J. Hyland; Detectives Dressed Like Teachers: Circumventing the Constitutional Rights of New Jersey Students by Gregory R. Mueller; The Child’s Right to Support When Divorcing Parents are High-Income Earners by Kimberly Jinks; Legal Practice: Making the Most of a Cast of Characters by Greg Krehel; Off The Beaten Path: European Software Patent Rejection Not a Rejection by Roy J. Rosser; Practice Tips: Asking for Referrals: A Key Strategy for Business Development Success by Sara Holtz; Legal Creativity: Poems by Stephen B. Wiley


New Jersey Lawyer Magazine August 2005/No. 235

Animal Law


Table of Contents: President’s Perspective: Responding the Changing Times by Stuart Hoberman; Message from the Special Editor by Lawrence R. Jones; Balancing Society’s Progress with Environmental Protection and Animal Rights by Frank R. Lautenberg; An Inside Look at the Animal Welfare Task Force by Judith Lieberman; The Role of New Jersey’s SPCA by Harry Jay Levin; Kindness Crosses the Hudson: Another Look at the SPCA by Debora M. Bresch and Stephen Zawistowski; Animal Law: Yesterday and Today by Robin Bernstein; Enforcing the Animal Cruelty Laws: God Laws, Bad Results by Sherry Ramsey; Representing the Animal Rights Activist by William Strazza; Deciding Custody of Rover by Alan J. Cornblatt; Resolving Animal Ownership Through Arbitration by John F. DeBartolo; Temporary and Permanent Arrangements for Domestic Pets Under New Jersey Law by Eleanora L. Benz; Pitfalls for Pitbulls: The Nuts and Bolts of the New Jersey Vicious Dog Act by Gina Calogero; Is There Such a Thing as Veterinary Malpractice? by Linda Sinuk; Advising Animal Rescue Groups by Jody S. Riger; Pet Shop Purchases and New Jersey’s Pet Lemon Law by Isabelle R. Strauss; Bear Hunt Controversy Shines the Spotlight on New Jersey’s Wildlife Law by Doris Lin; New Jersey Isn’t Horsing Around: Operators of Equestrian Facilities Can Be Immune from Suit by Anthony Bush; A Final Thought: Pet Shop Standards and New Jersey’s Current Law – Three Areas for Legislative Review by Lawrence R. Jones


New Jersey Lawyer Magazine June 2005/No. 234



Table of Contents: President’s Perspective by Stuart Hoberman; Message from the Special Editors by Daniel M. Stolz and Samuel Rosenberg; Highlights of the Bankruptcy Abuse Prevention Act of 2005 by Daniel M. Stolz, Andrew H. Sherman and Boris I. Mankovetskiy; Reflections of a Chief Bankruptcy Judge by Hon. Rosemary Gambardella; Matrimonial Issues in Bankruptcy by Henry M. Karwowski; Combustion Engineering: And Now What? by Deirdre Woulfe Pacheco; D&O Insurance Policies in Bankruptcy: The Impact of Entity Coverage and the Entitlement to Proceeds by Mark J. Politan; Selling Real Property in Chapter 13: Who Receives the Benefit of Any Appreciation in Value? by Michael D. Sousa; True Lease or Disguised Security Agreement: Economic Realities and Economic Compulsion by David N. Crapo; Default Interest: An Issue of Gravity by Chad Friedman and Stephen Ravin; IRAs – Who Gets The Money? by Paul S. Pflumm and Melinda D. Middlebrooks; You Can’t Get Back on Your Feet Without Your Shoes: A Review of Property Exemptions in Bankruptcy and the Impact of Proposed Bankruptcy Reform by Warren J. Martin Jr., Elizabeth A. Martin and Mathew D. Laskowski; Off the Beaten Path: How to Avoid the Landmines When Dealing With Whistleblowers in Corporate Internal Investigations by Nicholas C. Harbist and Alphonso B. David; Practice Tips: Use Humor to Connect With Prospects, Increase Trust by Trey Ryder


New Jersey Lawyer Magazine April 2005/No. 233

Civil Liberties New Jersey-Style


Table of Contents: President’s Perspective: Trial by Jury by Edwin J. McCreedy; Message from the Special Editors by Marilyn Askin and Frank Askin; Search and Seizure in the Poritz Court: State Rights or Right Turn? by Lawrence S. Lustberg and Mark A. Berman; Racial Profiling: Truth or Consequences by William H. Buckman; Can the Right to Information Privacy Survive OPRA? by Grayson Barber; Community Associations and the New Jersey Constitution by Frank Askin; Is the Reporter’s Privilege a Barometer of Free Speech’s Health in 2005? by Bruce s. Rosen; Marriage Equality in New Jersey? by Suzanne B. Goldberg; Students’ Rights and the New Jersey Constitution by Edward Barocas; The Right to Vote and Be Counted: A Liberty at Risk by Angelo J. Genova and Rebecca Moll Freed; Legal Practice: The Alcohol-Abusing Lawyer by Steven Richman; Legal Practice Tips: Five Ways to Make Your Client Feel Important by Trey Ryder


New Jersey Lawyer Magazine February 2005/No. 232

Criminal Law


Table of Contents: President’s Perspective: Picking Our Pockets by Edwin J. McCreedy; Message from the Special Editor by Lawrence R. Jones; From the Attorney General’s Desk: the New Brimage Guidelines – Achieving Fairness as Well as Uniformity Under the Comprehensive Drug Reform Act by Peter C. Harvey; Grand Jury Practice by Alan L. Zegas; Parallel Proceedings Issues for Criminal and Civil Enforcement by Edward R. Bonanno; The Excessive Sentence Oral Argument Program: A Quick Alternative to the Criminal Appeals Process by Carol M. Henderson; Expungement of Crminal Proceedings by Allan Marain; Why? Because I Said So, That’s Why!: Opening and Closing Arguments by Joseph P. Rem Jr.; Municipal Court Basics by Robert B. Cherry; Reassessing and Reforming the Structure of New Jersey’s Municipal Courts by Lawrence R. Jones; Legal Practice: New Jersey Law On Contract Boilerplate Provisions by Gianfranco A. Pietrafesa; Legal Creativity: Jailhouse Justice by Albert Stark