Just When You Thought You Understood New Jersey Allocation Law: Implications,Limitations, and Complications in Applying Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n

The New Jersey Supreme Court's recent decision in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association holding that a 2004 statutory amendment requires all solvent triggered liability policies be exhausted before the Guaranty Association pays statutory benefits for an insolvent's share has created many uncertainties in allocating long-tail liabilities. This article discusses the implications and the significant limitations of the Farmers Mutual decision and the questions it leaves unanswered, and responds to arguments that the decision supports revisiting other situations where New Jersey's Owens-Illinois methodology allocates losses to the insured.     

Using the New Jersey Spill Act Safe Harbor to Protect Lenders

Lenders in New Jersey have come to understand that they may be exposed to environmental liability for hazardous substances affecting collateral under federal and state law. While initially the parameters of this liability were not clearly understood, the New Jersey legislature and the U.S. Congress have enacted amendments to environmental laws in an attempt to clarify the activities that lenders may undertake to protect their interests while avoiding environmental liability, before making a loan, after making a loan but before foreclosure, and after acquiring title through foreclosure. This article describes how lenders can protect themselves from liability under the New Jersey Spill Compensation and Control Act by availing themselves of the protections of the act's safe harbor provisions.     

Beyond “Sic Utere …” to the Regional General Welfare

Since the lower court opinions in Oakwood at Madison and Mt. Laurel, a definitive decision has been awaited from the New Jersey Supreme Court dealing with the issues of exclusion in housing and land use regulations. It was also expected that Justice Hall, author of the well-known Vickers' dissent, would have the chance to lead the majority in its decision, Though Madison reached the court first, it was fraught with delays and unusual circumstances, placing it in line behind Mt. Laurel. Thus, Mt. Laurel emerged as the vehicle for this court's important restatement of the law of municipal land use control. Announced March 24, 1975, the New Jersey Supreme Court's decision in Mt. Laurel was indeed written by Justice Hall—a valedictory of sorts just before his retirement from the bench in April.     

CHILD SUPPORT GUIDELINES:

Since 1984, all U.S. jurisdictions have established child support guidelines. Using computerized worksheets, we compared the guidelines of New York, New Jersey, and Connecticut (which use the “Income Shares” model also employed by 30 other jurisdictions). We calculated how child care, alimony to a prior spouse, and subsequent children change the support obligation. We found that, generally, Connecticut requires the most child support, New York is second, and New Jersey third. However, if children require child care, New York requires the most support. In Connecticut, child care costs have virtually no impact. When a noncustodial parent is paying alimony to a prior spouse, support is dramatically greater in Connecticut than in New Jersey, with New York in between. Only New Jersey reduces the support paid by the noncustodial parent who has subsequent children. New York's and Connecticut's mathematical guidelines do not consider subsequent children.     

Beshada v. Johns-Manville Products Corp.: the function of state of the art evidence in strict products liability

In Beshada v. Johns-Manville Products Corp., the Supreme Court of New Jersey held that a state of the art defense is unavailable in cases brought under a theory of strict liability for failure to warn. The court indicated that asbestos producers may be held liable for their products' harms even if the health hazards of asbestos were unknown and not discoverable when the products were marketed. In a subsequent case, the New Jersey court held that state of the art evidence is relevant to whether a product is defective. This Case Comment examines these different uses of knowledge evidence in the disposition of products liability cases. It contends that manufacturers should not be held liable for unknowable risks. The Comment concludes that the state of the art defense establishes a logical limit on strict liability and promotes efficient resolution of products liability claims.     

Problems and priorities: Perceptions of jail custodians and social service providers

This article contains an analysis of the results of a survey of 39 jail managers and social service providers who attended a workshop in New Jersey. The questionnaire administered to the participants instructed them to rate the seriousness of each of 24 problems in their institution. Overcrowding was considered the most serious problem, followed by innates with psychological problems and lack of activities for prisoners. Conflict among members of the social service staff and staff corruption were seen as relatively minor problems.     

Case Baiting

In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law. The two U.S. Supreme Court decisions arising from challenges to these state statutes—South Dakota v. Wayfair and Murphy v. NCAA—exemplify U.S. Supreme Court “case baiting.” Case baiting is a tactic states implement to challenge federal directives by passing state legislation that directly conflicts with federal law to lure the Court into granting certiorari and ruling in their favor. This article argues that South Dakota's and New Jersey's triumphs pave the way for other jurisdictions to pursue similar strategies across multiple legal issues such as abortion restrictions and immigration law. In addition, this article suggests that case baiting invites further scholarly exploration of important policy considerations, including the use of this tactic as a novel approach to the application of law and strategy, whether case baiting promotes the Court's progression toward a more quasi-legislative role, and whether passing conflict legislation violates state legislators’ oaths of office.     

A comparative study of the attitudes of Urban,Suburban and Rural Police Officers in New Jersey regarding the use of force

This article examines the attitudes of sample populations of urban, suburban and rural police officers in New Jersey in regard to a hypothetical use of force scenario. The aim of the study is to identify similarities and differences in the perceptions of officers who are faced with the same type of hypothetical situations but who are exposed to different training, procedural and environmental factors. Police officers in the United States receive different types of training in each state that might influence their attitudes towards the use of force. A pilot study was conducted comparing two urban police departments from two different states and showed some differences in the attitudes of the surveyed officers. To further explore these differences, a more refined look at three police departments in one state (New Jersey) was conducted as part of a doctoral dissertation of the lead author. Research questions are aimed at identifying the differences in the frameworks for the justification of force based on a host of variables. The research questions stipulated that there will be some significant differences in attitudes towards the use of force by the officers, based on physical location of the communities they police. The findings of the study identified additional factors that might influence the officers’ attitudes. Twelve focus groups, four at each of the sites, were analyzed and it appears that there may be a geographic and demographic influence on how the officers respond to the scenario.     

KeySpan,Honeywell and the Primacy of Choice of Law in Environmental Insurance Coverage Disputes

Abstract

Recent New York and New Jersey cases have taken different positions on allocating environmental loss that takes place over many years. Thus, choice of law and forum become important issues for obtaining a particular result. The allocation of loss among insurers, and back to the policyholder for certain years, is at stake. This article explores the findings in two most recent examples of 2018 cases, KeySpan v. Munich Reinsurance and Continental Insurance Co. v. Honeywell International, Inc.     

Problem-oriented policing in public housing: The Jersey City evaluation

This paper examines the impact of a problem-oriented policing project on serious crime problems in six public housing sites in Jersey City, New Jersey. Representatives from the police department and the local housing authority, social service providers, and public housing tenants formed six problem-solving teams. Using systematic documentation of the teams' activities and calls for police service, we examine changes in serious crime both across and within the six sites over a 2 1/2-year period. We find that problem-oriented policing, as compared with traditional policing strategies used before the problem-oriented policing project, led to fewer serious crime calls for service over time and that two public housing sites in particular succeeded in reducing violent, property, and vehicle-related crimes.     

Mt. Laurel: Is it Based on Wishful Thinking?

“The people of New Jersey should welcome the result reached by the Court in this case, not merely because it is required by our laws, but, more fundamentally, because the result is right and true to the highest American ideals.” With these words Justice Pashman, in his concurring opinion, set forth the underlying assumption upon which the New Jersey Supreme Court based its decision to make the validity of municipal zoning dependent upon a new and complex standard. Mt. Laurel clearly establishes a new judicial standard for judging the validity of municipal zoning. However, whether that standard is likely to achieve its laudable objectives or whether its chances of success will be limited by political realities' that belie the noble ideals upon which the decision is based, remains to be seen.     

New Jersey Appellate Division Affirms Allocation to Insured for Pre-December 2004 Insolvencies

The New Jersey Appellate Division has held that in long-tail allocation cases, the policyholder remains responsible for amounts allocable to insurers who became insolvent before December, 2004, and that the rule announced in Farmers Mutual Fire Ins. Company of Salem v. N.J.P.L.G.A. does not apply to such insolvencies because the Legislature specifically provided that the statutory amendments that formed the basis for the Farmers Mutual decision applied prospectively from their effective date. The decision confirms that for insolvencies that took place before the amendments' effective date, New Jersey's common law rule that the policyholder bears the risk of insolvencies and is responsible for shares allocable to them still applies. The Court's decision strengthens insurers' arguments that Farmers Mutual did not alter the common law rule for policies that are not subject to the 2004 amendments to New Jersey's Property-Liability Insurance Guaranty Association Act or Surplus Lines Insurance Guaranty Fund Act.     

New York Lead-Paint Case Update

The contaminated water supply in Flint, Michigan, highlighted lead issues in a relatively new context: drinking water. Lead-paint lawsuits, however, have filled court calendars for many years in many jurisdictions. This article examines a variety of recent lead-paint decisions issued by courts in New York—from trial level, to appellate, to the state's highest court, the New York Court of Appeals. As these cases suggest, lead-paint complaints against landlords and property owners are likely to continue to be filed in New York courts for quite some time to come.     

A Framework for Assessing Groundwater Damages from Contamination

Certain government agencies and Indian tribes can recover compensatory damages for injuries to groundwater caused by releases of hazardous substances. Several states have initiated claims for groundwater damages from contamination without specific guidance for assessing such damages. Many settlements have occurred, but in states such as New Mexico and New Jersey, the trustees for these natural resources have not been successful when litigating their groundwater damage claims, largely because their claims were not consistent with well-established scientific and economic principles. This article provides a framework for assessing groundwater damages from contamination that is based on well-established scientific and economic principles.     

In Hot Pursuit of NRD Claims

Federal- and state-designated entities' ability to pursue claims for damages to the nation's natural resources have long existed under statutory and common law but, until recently, were placed on the back burner.

Pursuit of Natural Resource Damage (NRD) claims by federal and certain state governments have drastically increased. New Jersey and New Mexico have been among the most aggressive. Issues surrounding NRD claims such as allocation of liability, calculation of damages using formulas and technical factors, and causation are the focus of litigation. New Jersey's groundwater initiative and New Mexico's program are being watched closely to determine future success of NRD claims.     

DOES CRIME JUST MOVE AROUND THE CORNER? A CONTROLLED STUDY OF SPATIAL DISPLACEMENT AND DIFFUSION OF CRIME CONTROL BENEFITS*

Recent studies point to the potential theoretical and practical benefits of focusing police resources on crime hot spots. However, many scholars have noted that such approaches risk displacing crime or disorder to other places where programs are not in place. Although much attention has been paid to the idea of displacement, methodological problems associated with measuring it have often been overlooked. We try to fill these gaps in measurement and understanding of displacement and the related phenomenon of diffusion of crime control benefits. Our main focus is on immediate spatial displacement or diffusion of crime to areas near the targeted sites of an intervention. Do focused crime prevention efforts at places simply result in a movement of offenders to areas nearby targeted sites—“do they simply move crime around the corner”? Or, conversely, will a crime prevention effort focusing on specific places lead to improvement in areas nearby—what has come to be termed a diffusion of crime control benefits? Our data are drawn from a controlled study of displacement and diffusion in Jersey City, New Jersey. Two sites with substantial street‐level crime and disorder were targeted and carefully monitored during an experimental period. Two neighboring areas were selected as “catchment areas” from which to assess immediate spatial displacement or diffusion. Intensive police interventions were applied to each target site but not to the catchment areas. More than 6,000 20‐minute social observations were conducted in the target and catchment areas. They were supplemented by interviews and ethnographic field observations. Our findings indicate that, at least for crime markets involving drugs and prostitution, crime does not simply move around the corner. Indeed, this study supports the position that the most likely outcome of such focused crime prevention efforts is a diffusion of crime control benefits to nearby areas.     

PROBLEM-ORIENTED POLICING IN VIOLENT CRIME PLACES: A RANDOMIZED CONTROLLED EXPERIMENT*

Over the past decade, problem-oriented policing has become a central strategy for policing. In a number of studies, problem-oriented policing has been found to be effective in reducing crime and disorder. However, very little is known about the value of problem-oriented interventions in controlling violent street crime. The National Academy of Sciences' Panel on the Understanding and Control of Violent Behavior suggests that sustained research on problem-oriented policing initiatives that modify places, routine activities, and situations that promote violence could contribute much to the understanding and control of violence. This study evaluates the effects of problem-oriented policing interventions on urban violent crime problems in Jersey City, New Jersey. Twenty-four high-activity, violent crime places were matched into 12 pairs and one member of each pair was allocated to treatment conditions in a randomized block field experiment. The results of the impact evaluation support the growing body of research that asserts focused police efforts can reduce crime and disorder at problem places without causing crime problems to displace to surrounding areas.     

BOOK REVIEWS

Books Reviewed in this article:
BRANDEIS Lewis J. Paper. Englewood Cliffs, New Jersey: Prentice-Hall, Inc. 1983. Pp. 442.
THE NEXT AMERICAN FRONTIER Robert B. Reich. New York: Times Books, 1983.     

The Tension Between State Interests and Municipal Zoning Rights in the Realm of Fracking Regulations

This article examines whether local municipalities should have the capability to exercise their home rule authority to ban fracking within their jurisdiction, or whether state law should preempt such acts. The Court of Appeals of New York has found that individual municipalities do have the authority to ban fracking, while the Supreme Court of Colorado recently upheld a district court decision that held that the state's Oil and Gas Conservation Act preempted a town's ability to declare an outright ban. These divergent positions could lead to interesting legal battles as natural gas continues to play a larger role in energy portfolios, while public health concerns grow.     

Constitutional law--New Jersey abortion statute unconstitutionally vague on its face

The old New Jersey abortion statute held that abortion before the quickening of the child was not indictable. The Young Women's Christian Association (YWCA) of Princeton, New Jersey, is a consolidation of 2 suits in the District Court questioning the constitutionality of the New Jersey statute. The court ruled that the women plaintiffs were without standing to raise the question of constitutionality. The court also ruled that because of the prosecutions for committing illegal abortions, the abortions, the physicians had a sufficient legal interest to argue that the statute deprives the physician of the right to practice medicine according to the highest standards of medical practice and violates the right to privacy of the patients.