Category:Legal history of New Jersey
Pages in category "Legal history of New Jersey"
The following 22 pages are in this category, out of 22 total, this list may not reflect recent changes (learn more).
The following 22 pages are in this category, out of 22 total, this list may not reflect recent changes (learn more).
1. Atlantic States Marine Fisheries Commission – The Commission was formed by the 15 Atlantic coast states in 1942 and chartered by the United States Congress in 1950 in recognition that fish do not adhere to political boundaries. The Commission serves as a body, coordinating the conservation and management of the states shared near-shore fishery resources – marine, shell. The one-state one-vote concept allows Commissioners to address balance issues at the state level. The Commission focuses on responsible stewardship of marine fisheries resources and it serves as a forum for the states to collectively address fisheries issues under the premise that as a group, using a cooperative approach, they can achieve more than they could as individuals. The Commission does not promote a state or a particular stakeholder sector. Healthy, self-sustaining populations for all Atlantic coast fish species or successful restoration well in progress by the year 2015, currently the ASMFC manages 23 species
2. Boy Scouts of America v. Dale – Boy Scouts of America et al. v. Dale,530 U. S. The Boy Scouts of America is a private, non-profit organization engaged in instilling its system of values in young people, at the time of the case, it asserted that homosexuality was inconsistent with those values. When Dale was a student at Rutgers University, he became co-president of the Lesbian/Gay student alliance, in July 1990, he attended a seminar on the health needs of lesbian and gay teenagers, where he was interviewed. An account of the interview was published and in a local newspaper, BSA officials read the interview and expelled Dale from his position as assistant Scoutmaster of a New Jersey troop. The New Jersey Supreme Court ruled against the Boy Scouts, saying that they violated the States public accommodations law by revoking Dales membership based on his homosexuality. The Boy Scouts appealed to the United States Supreme Court, which granted certiorari to determine whether the application of New Jerseys public accommodations law violated the First Amendment, Dale was represented by Evan Wolfson, an attorney and noted LGBT rights advocate. Wolfson has also worked on a number of high-profile cases seeking legal recognition of same-sex marriages, also representing Dale on a pro bono basis was the New York-based law firm Cleary Gottlieb Steen & Hamilton. The Boy Scouts of America were represented by attorney George Davidson, Davidson is a former President of the Legal Aid Society and chair of the Federal Defenders of New York. The Supreme Court decided 5-4 for the BSA on June 28,2000, chief Justice William Rehnquists majority opinion relied upon Roberts v. United States Jaycees,468 U. S. This right, the Roberts decision continues, is crucial in preventing the majority from imposing its views on groups that would rather express other, perhaps unpopular, ideas. Forcing a group to certain members may impair the ability of the group to express those views, and only those views. Plainly presupposes a freedom not to associate, however, to determine whether a group is protected by the First Amendments expressive associational right, it must first be determined whether the group engages in expressive association. After reviewing the Scout Promise and Scout Law the court decided that the mission of the Boy Scouts is clear. The Boy Scouts seek to instill these values by having its adult leaders spend time with the members, instructing and engaging them in activities like camping, fishing. During the time spent with the members, the Scoutmasters and assistant Scoutmasters inculcate them with the Boy Scouts values—both expressly. An association that seeks to transmit such a system of values engages in expressive activity, First, associations do not have to associate for the purpose of disseminating a certain message in order to be entitled to the protections of the First Amendment. An association must merely engage in activity that could be impaired in order to be entitled to protection. Second, even if the Boy Scouts discourages Scout leaders from disseminating views on sexual issues, if the Boy Scouts wishes Scout leaders to avoid questions of sexuality and teach only by example, this fact does not negate the sincerity of its belief discussed above
3. City of Philadelphia v. New Jersey – City of Philadelphia v. New Jersey,437 U. S.617, was a case in which the Supreme Court of the United States held that states could not discriminate against another states articles of commerce. Among the facilities developed in New Jersey was waste processing, including toxic waste and regular municipal-waste landfills. The New Jersey Supreme Court, however, found that the law advanced vital health and environmental objectives with no discrimination against. It therefore found it permissible under the Commerce Clause of the Constitution, the plaintiffs appealed to the Supreme Court of the United States. On appeal, the U. S. Supreme Court found the New Jersey Waste Control Act unconstitutional because it violated the Dormant Commerce Clause, Justice Rehnquist, joined by Justice Burger, maintained that the law was constitutional, on the basis of the validity of quarantine laws. Rehnquist reasoned that the toxic trash New Jersey handled from out-of-state was no different from diseased meat, the physical fact of life that New Jersey must somehow dispose of its own noxious items does not mean that it must serve as a depository for those of every other state. Because states can rightfully burden interstate commerce in the name of health and safety, Rehnquist found no hindrance to this law in the Commerce Clause. Chemical Waste Management, Inc. v. Hunt Environmental dumping Text of City of Philadelphia v. New Jersey,437 U. S.617 is available from, Findlaw Justia Summary of case from OYEZ
4. East New Jersey Provincial Council – The Concession and Agreement outlined a fusion of powers system, which allowed for an overlap of executive, legislative and judicial authority. It provided for a legislature consisting of a Council and General Assembly. This system was retained in East New Jersey after the 1674 division of New Jersey, a new system was established in West Jersey. On April 15,1702, the Proprietors of East Jersey, annes government accepted the surrender and united the two colonies as the Province of New Jersey, a royal colony, establishing a new system of government. The East Jersey government remained in power, however, until the arrival and qualification of the royal governor, the Provincial Council consisted of six to twelve members, or any even number between six and twelve, appointed by the governor and serving at the pleasure of the Proprietors. Three of six councilors were to be considered a quorum, if the Council consisted of a greater number than six, four would be a quorum, provided that all members had been summoned. The Governor or Deputy Governor was to be President of Council, if a vacancy occurred in the Governors office due to death or absence from East Jersey, the Council was authorized to appoint a president. This occurred after the death of Gov. Andrew Hamilton on 20 April 1703 when Lewis Morris became president until the arrival of Governor Cornbury, the Provincial Council was the upper house of the colonial legislature, and as such was a distant predecessor to the modern New Jersey Senate. Laws enacted were to be in force for one year, within the one year time frame, laws were to be presented to the Proprietors for ratification. Once so confirmed, the laws were to be in continual force, the Governor and Council had the authority to set the meeting place and time of the General Assembly, as well as summoning and adjourning them. All civil and military appointments were to be made by the Governor, in municipalities which were already settled, the Governor and Council had the authority to make judicial appointments. Courts of Assizes and Courts of Sessions were to be constituted by the Governor, Council and Representatives together. The Governor and Council comprised a court of appeals, all appeals were to be made from the Assizes to the Governor and Council, from thence to the Proprietors and, finally, to The Crown. The following is a list of executive and presiding officers from the 1664 establishment of government until the 1702 surrender to the Crown
5. Ellis Island – Ellis Island, in Upper New York Bay, was the gateway for over 12 million immigrants to the United States as the nations busiest immigrant inspection station for over sixty years from 1892 until 1954. The island was expanded with land reclamation between 1892 and 1934. Before that, the smaller original island was the site of Fort Gibson. The island was part of the Statue of Liberty National Monument in 1965. Long considered part of New York state, a 1998 United States Supreme Court decision found that most of the island is in New Jersey. The south side of the island, home to the Ellis Island Immigrant Hospital, is closed to the general public and the object of restoration efforts spearheaded by Save Ellis Island. Ellis Island is located in Upper New York Bay, east of Liberty State Park and north of Liberty Island, in Jersey City, New Jersey, with a small section that is part of New York City. Largely created through land reclamation, the island has an area of 27.5 acres. The 2. 74-acre natural island and contiguous areas comprise the 3.3 acres that are part of New York, the entire island has been owned and administered by the U. S. federal government since 1808 and has been operated by the National Park Service since 1965. Since September 11,2001, the island is guarded by patrols of the United States Park Police Marine Patrol Unit, public access is by ferry from either Communipaw Terminal in Liberty State Park or from Battery Park at the southern tip of Manhattan. The ferry operator, Hornblower Cruises and Events, also service to the nearby Statue of Liberty. A bridge built for transporting materials and personnel during restoration projects connects Ellis Island with Liberty State Park, proposals made in 1995 to use it or replace it with a new bridge for pedestrians were opposed by the city of New York and the private ferry operator at that time. Much of the island, including the south side, has been closed to the general public since 1954. The renovated area on the side was again closed to the public after Hurricane Sandy in October 2012. The island was re-opened to the public and the museum partially re-opened on October 28,2013, there were several islands which were not completely submerged at high tide. Three of them were given the name Oyster Islands by the settlers of New Netherland, the oyster beds would remain a major source of food for nearly three centuries. During the colonial period Little Oyster Island was known as Dyres, in the 1760s, after some pirates were hanged from one of the islands scrubby trees, it became known as Gibbet Island. It was acquired by Samuel Ellis, a colonial New Yorker and merchant possibly from Wales, in 1785 he unsuccessfully attempted to sell the island, TO BE SOLD By Samuel Ellis, no
6. Gibbons v. Ogden – The case was argued by some of Americas most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while U. S. Attorney General William Wirt, legal challenges followed, and in response, the monopoly attempted to undercut its rivals by selling them franchises or buying their boats. The partners ended up in the New York Court of Errors, in the interim Gibbons also had taken on Cornelius Vanderbilt as his ferry captain, and later, his business manager. Aaron Ogden filed a complaint in the Court of Chancery of New York asking the court to restrain Thomas Gibbons from operating on these waters. The Court of Chancery of New York and the Court of Errors of New York found in favor of Ogden, Gibbons appealed to the Supreme Court, arguing as he did in New York that the monopoly conflicted with federal law. After several delays, the court began discussing the meaning of the clause in 1824. Congress was debating a bill to provide a survey of roads. Southerners, in particular, were growing more sensitive to what the resolution of issues would mean to them as sectional disputes. The U. S. Supreme Court ruled in favor of Gibbons, the sole decided source of Congresss power to promulgate the law at issue was the Commerce Clause. Accordingly, the Court had to answer whether the law regulated commerce that was among the several states, with respect to commerce, the Court held that commerce is more than mere traffic—that it is the trade of commodities. The Court interpreted among as intermingled with, the Court did not discuss the argument pressed for Gibbons by U. S. Attorney General Wirt that the federal patent laws preempted New Yorks patent grant to Fulton and Livingston. That question remained undecided for the next 140 years until the Supreme Court held in Sears, Gibbons v. Ogden, John Marshall, Steamboats, and the Commerce Clause 198 pages Thomas H. Cox. Gibbons v. Ogden, Law, and Society in the Early Republic 264 pages Thomas H. Cox, “Contesting Commerce, Gibbons v. Ogden, Steam Power, and Social Change, ” in Journal of Supreme Court History 34, 55-73
7. Karcher v. May – In 1982, the New Jersey Legislature passed a statute over the governors veto providing for a moment of silence in public schools, which failed to specifically mention prayer. In 1983, the District Court found that the purpose of the statute was religious, and deemed the law unconstitutional on First Amendment grounds. Karcher and Orechios lawyer, Rex E. Lee, nevertheless contended that their standing to continue to defend suit on the states behalf remained, and also argued the purpose of the law was secular. The court found that the legislative leaders lacked standing. Justice Sandra Day OConnors majority decision was joined by six other justices, there was no ninth vote, as Justice Lewis F. Powell, Jr. had resigned earlier in the year, and no replacement had yet been confirmed. As a result of opinion, the district court ruling that the law was unconstitutional was left intact. List of United States Supreme Court cases, volume 484
8. New Jersey Legislative Council – The Legislative Council replaced the New Jersey Provincial Council, which had been the upper house under colonial rule. The Provincial Council consisted of up to members, appointed by. This structure would remain in place after 1844, when the Legislative Council would be replaced by the New Jersey Senate, the 1776 Constitution set up a fusion of powers system of state government, which allowed for an overlap of executive, legislative and judicial authority. It provided for a legislature consisting of a General Assembly with three members from each county and a Legislative Council with one member from each county. All state officials, including the governor, were to be appointed by the Legislature under this constitution, the Vice-President of Council would succeed the Governor if a vacancy occurred in that office. The Governor was elected to a term by the Legislative Council. The Legislative Council itself chose one of its members to be Vice-President of Council who would succeed if a vacancy occurred in the Governors office, each county elected one member for a one-year term. Thirteen counties in 1776 increased to eighteen by 1844, under the fusion of powers system, the Governor and Council comprised the Court of Appeals, in the last resort, continuing the system in use under colonial rule. Three or more Members of the Legislative Council were to be a council to the Governor. Sessions of the Legislative Council could only be convened while the Assembly was sitting, the Speaker of the Assembly was required to notify the Governor or Vice President of Council at each adjournment of the lower house of the time at which it would reconvene. The following is a list of past Vice-Presidents of the New Jersey Legislative Council from the adoption of the 1776 State Constitution, the Avalon Project, New Jersey Constitution of 1776 Richard J. Connors, The Constitution of 1776 New Jersey Legislature
9. New Jersey Plan – The New Jersey Plan was a proposal for the structure of the United States Government presented by William Paterson at the Constitutional Convention on June 15,1787. The plan was created in response to the Virginia Plan, which called for two houses of Congress, both elected with apportionment according to population, the New Jersey Plan was opposed by James Madison and Edmund Randolph. Under the New Jersey Plan, the legislature with one vote per state was inherited from the Articles of Confederation. This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, the plan proposed the following, The Articles of Confederation should be amended. Cases involving these powers would still be heard by state courts unless appealed to the federal judiciary, Congress has the authority to collect taxes from states based on the number of free inhabitants and 3/5ths of slaves in that state. However, this requires the consent of some proportion of the states. Congress elects an executive, consisting of multiple people, who cannot be re-elected. The Articles of Confederation and treaties are the law of the land. The federal executive is authorized to use force to compel non-compliant states to observe the law, a policy of admission of new states should be established. A singular policy for naturalization should be established, a citizen of one state can be prosecuted under the laws of another state in which the crime was committed. Ultimately, the New Jersey Plan was rejected as a basis for a new constitution, the Virginia Plan was used, but some ideas from the New Jersey Plan were added. Variant texts of the New Jersey Plan at the Avalon Project
10. New Jersey Provincial Council – The Provincial Council was established in 1702 upon the surrender by the Proprietors of East Jersey and those of West Jersey of the right of government to Queen Anne. Annes government united the two colonies as the Province of New Jersey, a colony, establishing a new system of government. It provided for a legislature consisting of a Council and General Assembly. On December 6,1775, Governor William Franklin prorogued the New Jersey Legislature until January 3,1776, on May 30,1776, Franklin attempted to convene the legislature, but was met instead with an order by the New Jersey Provincial Congress for his arrest. The Provincial Council consisted of members, appointed by and serving at the pleasure of the British crown. With the exception of resignations and those being removed for cause, the former provinces of East and West Jersey were reorganized as the Eastern Division and the Western Division, respectively, of the Province of New Jersey. Councillors were apportioned that six would come from each of the two divisions, in practice, however, this was not always followed. Three or more councillors were to be considered a quorum, the governor was to notify the Crown of any vacancies, whereupon they would be filled by appointment. If the membership dropped below seven however, the governor was empowered to appoint as many councillors as would bring membership to seven and these members would then serve until either confirmed or replaced by the Crown. The senior councillor actually residing in New Jersey would, by virtue of his seniority, if there was no lieutenant governor, it was he who would succeed if a vacancy occurred in the Governors office due to death or absence from New Jersey. In 1733 the Crown decreed that the Surveyor General of His Majestys Customs would be seated as Councillor Extraordinary, the Provincial Council was the upper house of the colonial legislature, and as such was a predecessor to the modern New Jersey Senate. Laws enacted were to be styled as by the governor, council, once approved by both houses and signed by the governor, laws were to be transmitted to London, to be signed or disallowed by the Crown. Gubernatorial appointments, including judges, justices of the peace and sheriffs, were to be made with the advice, salaries and fees were to be set by the governor with the advice and consent of the council. Cases exceeding £200 could be appealed to the Crown. The following is a list of Presidents of the New Jersey Provincial Council from the 1702 surrender of government to the Crown to the adoption of the 1776 State Constitution
11. New Jersey v. Delaware – New Jersey v. Delaware,552 U. S.597, is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Courts original jurisdiction under 28 U. S. C. §1251, following Delawares denial of oil company BPs petition to build a natural gas pipeline. Delaware denied BPs petition because it violated Delawares Coastal Zone Act, BP then sought New Jerseys approval of the project. Delaware objected because the construction would require dredging of land within Delawares borders. BPs proposal had not yet passed New Jerseys approval process when New Jersey, jurisdiction over rivers that form a border between states is usually determined by dividing the river down the middle between the states, this is not the case with the Delaware River. The grant extended Delawares northern border by The Twelve-Mile Circle in New Castle, Delaware, if the circle were to be extended fully, it would have included a portion of New Jersey, but this was unacceptable because that land had already been granted. As a result, the 12-Mile-Circle terminated at the low water mark on New Jerseys shore. The post-1681 border gave present-day Delaware full ownership of the Delaware River along a stretch of the New Jersey border, the case adjudicated by the Supreme Court is the third incarnation of this litigation. The dispute over the border back to the nations creation. A settlement was reached between the States at the beginning of the 20th century because the costs of litigation had grown too high, the issue remained settled until New Jersey sued Delaware regarding the BP pipeline. The Supreme Court appointed a master to review. The Special Master was a practitioner in Maine who had experience in original jurisdiction land disputes and he oversaw production and heard oral arguments in the Third Circuits court in Philadelphia, Pennsylvania. The only two dissenting Justices are both from New Jersey, scalia wrote in his opinion, The New Jersey-Delaware Compact of 1905, Art. 860, addressed the “exercise riparian jurisdiction, ” and the power to “make grants … of riparian … rights. ”The particular riparian right at issue here is the right of wharfing out. All are agreed that jurisdiction and power over that right were given to New Jersey on its side of the Delaware River. Justice Stephen Breyer recused himself from the case, according to his financial disclosure form, New York Times article about the dispute Todays Sunbeam, November 28,2007. Courier-Post, November 28,2007 Slip opinion at Supreme Court website
12. New Jersey v. New York – New Jersey v. New York,523 U. S.767, was a United States Supreme Court case it which it was determined that roughly 90% of Ellis Island was part of New Jersey rather than New York. An interstate compact had been signed between New York and New Jersey in 1834, prior to Ellis Island becoming a major immigration center. This agreement was fashioned in order to allow New Jersey to build docks on the riverfront and this led to places such as Ellis Island located on the New Jersey side of the river, but belonging to New York. Between the 1890s and 1934, Ellis Island was expanded through land reclamation and soon became a center for immigrants coming from Europe to the New World. This land was added by the government and considered part of New York for decades before New Jersey brought its lawsuit. The dissent used historical reasons and common-sense inference as their basis for supporting New Yorks claim, the island covers a land area of 27.5 acres. The two states jointly negotiated a settlement to decide exactly where and how to draw the lines in accordance with the Supreme Court decision. The 2. 74-acre original island and other areas negotiated in that post-trial settlement, totaling 3.3 acres, the case is possibly the first to use GIS in determining a Supreme Court decision. While the court decision has changed the state territorial sovereignity of most parts of the island, the actual current landowner is the federal government