compiled by Paul Axel-Lute
November 1997
last updated May 2, 2003
Arthur T. Vanderbilt: the Compleat Counselor / by Eugene C. Gerhart (Q Corp., 1980) KF 373.V3 G47 Includes complete list of Vanderbilt's opinions and bibliography of his writings and speeches.
Chief Justice Arthur T. Vanderbilt and the Judicial Revolution in New Jersey / by Voorhees E. Dunn (Ph.D. dissertation, Rutgers Univ., 1987) KFN 1879.D866
Changing Law: A Biography of Arthur T. Vanderbilt / by Arthur T. Vanderbilt II (Rutgers Univ.Press, 1976) KF 373.V3 V3 Reprinted as: Order in the Courts: A Biography of Arthur T. Vanderbilt (ICLE, 1997) KF 354.N48 V3
Maynard E. Pirsig, "Justice Arthur T. Vanderbilt in Retrospect," 12 Rutgers Law Review 427-448 (1958)
Bernard Schwartz, "Chief Justice Vanderbilt and Administrative Law," 34 New York Univ. Law Review 691-715 (1959)
"Chief Justice Vanderbilt Passes On," 80 N.J.L.J. 309 (June 20,1957)
"Arthur T. Vanderbilt, 1888-1957" (editorial), 80 N.J.L.J. 312 (June 20,1957)
"Proceedings before the Supreme Court of New Jersey in reference to the death of Chief Justice Arthur T. Vanderbilt, September 4, 1957," 25 N.J. xix-xxx. Initial portion of proceedings also appears at 80 N.J.L.J. 441 (Sept.5,1957).
Doctrine of the Separation of Powers and Its Present Day Significance / by Arthur T. Vanderbilt (Univ.of Nebr. Press, 1953) (Roscoe Pound Lectures, Univ.of Nebraska, April 1952) KF 4565.V35
Judges and Jurors: Their Functions, Qualifications and Selection / by Arthur T. Vanderbilt (Boston Univ. Press, 1956) (Gaspar G. Bacon Lectures, Boston Univ., Feb. 1955) KF 8775.A75 V3 (also found at 36 Boston Univ. Law Rev. 1)
Improving the Administration of Justice: Two Decades of Development / by Arthur T. Vanderbilt (Univ. of Cincinnati College of Law, 1957) (Robert S. Marx Lectures, Mar.1957) KF 8700.V36 (also found at 26 Cincinnati Law Rev. 155)
Men and Measures in the Law / by Arthur T. Vanderbilt (Knopf, 1949) (William W. Cook Foundation Lectures, Univ. of Michigan, April 1948) KF 213.V3
Winberry v. Salisbury, 5 N.J. 240, 74 A.2d 406 (1950). Decided that the Legislature did not have the power to override the Supreme Court's rules of practice and procedure.
Fox v. Snow, 6 N.J. 12, 14, 76 A.2d 877, 878 (1950) (Vanderbilt, C.J., dissenting). The majority defeated the plain intent of a testatrix by adhering to a long-standing technical rule. Vanderbilt argued against the "dead hand of the past ... that perpetuates rules of law without reason."
Mazza v. Cavicchia, 15 N.J. 498, 105 A.2d 545 (1954) Held that the use of secret hearing examiners' reports in the decision-making practice of the Division of Alcoholic Beverage Control violated the due process rights of tavern licensees.
City of Jersey City v. Hague, 18 N.J. 584, 115 A.2d 8 (1955).
Permitted Jersey City to sue its former mayor for restitution of
money allegedly extorted from city employees.
Joseph Weintraub, "Writing, Consideration, and Adoption of
Opinions," 83 N.J.L.J. 477 (Sept.22,1960) (paper delivered
before
Conference of Chief Justices at 12th Annual Meeting, Baltimore,
Aug.1960)
Milton B. Conford, "Joseph Weintraub: Reminiscences,"
96 N.J.L.J.
1205 (Oct.11,1973)
W. David Curtiss, "Chief Justice Joseph
Weintraub--Cornellian,"
59 Cornell Law Review 183-185 (1974)
John J. Francis, "Joseph Weintraub--A Judge for All
Seasons,"
59 Cornell Law Review 186-196 (1974), reprinted at 97 N.J.L.J.
289
(Apr.25,1974).
Dominick A. Mazzagetti, "Chief Justice Joseph Weintraub: the
New
Jersey Supreme Court 1957-1973," 59 Cornell Law Review
197-220
(1974)
"Chief Justice Joseph Weintraub: a Dedication," 5
Rutgers Camden
Law Journal 400-401 (1974)
Peter Buchsbaum, "Chief Justice Weintraub and the Right to
Privacy," 5 Rutgers Camden Law Journal 402-412 (1974)
John D. Schupper, "Chief Justice Weintraub and the Role of
the
Judiciary," 5 Rutgers Camden Law Journal 413-417 (1974)
"Proceedings before the Supreme Court of New Jersey in
Memory of
Chief Justice Joseph Weintraub, May 24, 1977," 72 N.J.
xix-xxxii
"Joseph Weintraub: Great American Jurist," 100 N.J.L.J.
113
(Feb.10,1977)
John J. Francis, "Chief Justice Joseph Weintraub: a
Tribute,"
30 Rutgers Law Review 479-481 (1977)
Daniel J. O'Hern, "Brennan and Weintraub: Two Stars to Guide
Us:
Some Reflections on the Roots of the Differing Judicial
Philosophies of William J. Brennan Jr. and Joseph
Weintraub,"
46 Rutgers Law Review 1049-1069 (1994)
State v. Trantino, 44 N.J. 358, 209 A.2d 117 (1965). Affimed
murder conviction of Thomas Trantino and imposition of death
sentence (later changed to life sentence, see State v. Funicello,
60 N.J. 60, 286 A.2d 55 (1972)).
In re Addonizio, 53 N.J. 107, 248 A.2d 531 (1968). Sustained
Newark Mayor Hugh Addonizio's Fifth Amendment claim of privilege
against a grand jury subpoena of his records, but upheld a
subpoena
of bank and brokerage firm records relating to him.
Summer v. Township of Teaneck, 53 N.J. 548, 251 A.2d 761 (1969).
Upheld a local ordinance against "blockbusting."
State v. Carter, 54 N.J. 436, 255 A.2d 746 (1969). Affirmed the
murder conviction of Rubin "Hurricane" Carter.
State v. Shack, 58 N.J. 297, 277 A.2d 369 (1971). Held that
farmer
could not bar access to government services for migrant workers.
In re Adoption of E, 59 N.J. 36, 57, 279 A.2d 785, 789 (1971)
(Weintraub, C.J., concurring). The majority reversed a trial
court judgment which had denied an adoption solely on the ground
of
the would-be parents' atheism. Weintraub would have gone further
and stated that the would-be parents' religious belief or
nonbelief
had no relevance to their legal fitness to be parents, and should
not be the subject of judicial inquiry.
Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273 (1973)
("Robinson
I"). Held the school financing system unconstitutional.
Inganamort v. Borough of Fort Lee, 62 N.J. 521, 303 A.2d 298
(1973). Upheld a rent-control ordinance.
Busik v. Levine, 63 N.J. 351, 307 A.2d 571 (1973).
Upheld a court rule authorizing the awarding of pre-judgment
interest in tort actions.
"Chief Justice Garven's Proposed Municipal Court
Reform,"
96 N.J.L.J. 1237 (Oct.25,1973)
"Pierre P. Garven" (editorial), 96 N.J.L.J. 1240
(Oct.25,1973)
(for other references see 25-year Cumulative Index to N.J.L.J.)
Richard J. Hughes, "The Judicial System and the
Citizen,"
117 N.J.L.J. 623 (May 15,1986) (excerpts from remarks at Drew
University, Apr.17,1986)
Kathleen Bird, "Hughes Leaves Long Legal Legacy," 132
N.J.L.J. 977
(Dec.14,1992)
"Richard J. Hughes (1909-1992)" (editorial), 132
N.J.L.J. 992
(Dec.14,1992)
Robinson v. Cahill, 69 N.J. 133, 351 A.2d 713 (1975)
("Robinson
IV"). After failure by the Legislature to remedy the
school
financing system found defective by "Robinson I," the
Court
ordered, as a provisional remedy, a particular allocation of
funds.
In re Quinlan, 70 N.J. 10, 355 A.2d 647 (1976). Right-to-die
case.
"Speeches by Chief Justice Robert N. Wilentz," 49
Rutgers Law
Review 753-1213 (1997)
Paul Axel-Lute, "Robert N. Wilentz: A Bibliography,"
49 Rutgers Law Review 1215-1230 (1997). Includes list of Wilentz
opinions.
Kathleen Bird, "Wilentz's Activism Defines the Court,"
130 N.J.L.J. 434- (Feb.17,1992)
"The Legacy of Robert N. Wilentz" (editorial), 9 N.J.
Lawyer 1938 (Oct.2, 2000)
In re Wilson, 81 N.J. 451, 409 A.2d 1153 (1979). Held
that an attorney's knowing use of client's money as if it were
his own must result in disbarment.
Alfonso v. Board of Review, 89 N.J. 41, 47, 444 A.2d 1075, 1078
(1981) (Wilentz, C.J., dissenting). Wilentz disagreed with the
Court's holding that a notice of denial of unemployment insurance
given in English to a non-English-speaking person satisfied due
process.
Southern Burlington County NAACP v. Township of Mount Laurel,
92 N.J. 158, 456 A.2d 390 (1983) ("Mount Laurel II").
Reaffirmed
and clarified the doctrine of "Mount Laurel I," 67 N.J.
151, 336
A.2d 713 (1975), which required municipalities to allow for
affordable housing.
Kelly v. Gwinnell, 96 N.J. 538, 476 A.2d 1219 (1984). Held that
a
social host may be liable to the victim of an auto accident
caused
by a guest's drunken driving.
State v. Kelly, 97 N.J. 178, 478 A.2d 364 (1984). Allowed expert
testimony on battered women's syndrome on question of
self-defense
in a homicide case.
Hills Dev. Co. v. Township of Bernards, 103 N.J. 1, 510 A.2d 621
(1986). Upheld Fair Housing Act of 1985.
State v. Ramseur, 106 N.J. 123, 524 A.2d 188 (1987). Found the
capital punishment act constitutional.
In re Baby M, 109 N.J. 396, 537 A.2d 1227 (1998). Invalidated a
contract which would have terminated a surrogate mother's
parental
rights.
Abbot v. Burke, 119 N.J. 287, 575 A.2d 359 (1990). Held the
Public
School Education Act of 1975 unconstitutional as applied to
poorer
urban school districts.
Perini Corp. v. Greate Bay Hotel & Casino,Inc., 129 N.J. 479,
518,
610 A.2d 364, 384 (1992) (Wilentz, C.J., concurring). Wilentz
called for an end to judicial review of asserted errors of law in
arbitral awards.
New Jersey Coalition Against War in the Middle East
v. J.M.B.Realty Corp., 138 N.J. 326, 650 A.2d 757 (1994).
Required regional shopping centers to permit leafletting on their
premises on societal issues.
Doe v. Poritz, 142 N.J. 1, 662 A.2d 367 (1995).
Upheld "Megan's Law" requiring registration and
community notification of sex offenders.
"The Wilentz Court Evolves Under Poritz," by Henry
Gottlieb, 151 N.J.L.J. 217 (Jan.19,1998).
"Poritz's different tone and style make her the talk of the
town," by Kathy Barrett Carter, Star-Ledger,
Feb.2,1997, sec.1 p.1.
"Chief Justice's Recusal Refusal Draws Criticism," by
Cheryl Winokur, 151 N.J.L.J. 901 (Mar.1,1998)
"Defining moment of Poritz court?" 8 N.J.Lawyer 1677
(Aug.9,1999) (about Dale v. Boy Scouts).
"The Poritz Court: Turning the corner," by Harvey C.
Fisher 8 N.J.Lawyer 1821 (Aug.30,1999)
New Jersey Transit PBA Local 304 v. New Jersey
Transit, 151 N.J. 531, 701 A.2d 1243 (1997). Upheld random
drug testing of New Jersey Transit's police force.
State in Interest of J.G., 151 N.J. 565, 701
A.2d 1260 (1997). Upheld requirement for sex offenders to submit
to HIV-testing, provided court finds probable risk of HIV
transmission.
State v. P.Z., 152 N.J. 86, 703 A.2d 901 (1997).
Division of Youth and Family Services (DYFS) caseworker not
required to give Miranda warning to a parent in a non-
custodial interview related to a child abuse investigation.
"Statement of Chief Justice Deborah T. Poritz Re:
Participation in Abbott v. Burke (A-155-97)," 151
N.J.L.J. 902 (Mar.2,1998) (statement dated Feb.23,1998).
[In State v. Smith, 155 N.J. 83, 713 A.2d 1033 (1998),
a search and seizure case, C.J. Poritz and two other Justices
dissented on the basis of the Appellate Division's majority
opinion.]
In re Greenberg, 155 N.J. 138, 714 A.2d 243
(1998). Reaffirmed the rule in Wilson, 81 N.J.
451, that knowing misappropriation of client funds will almost
invariably result in disbarment.
Baxt v. Liloia, 155 N.J. 190, 714 A.2d 271
(1998).
Declined to recognize a cause of action against
adversary's attorney based on breach of the Rules of Professional
Conduct.
State v. Loftin, 157 N.J. 253, 724 A.2d 129
(1999). Death penalty case, Defendant did not meet
burden of proving disproportionate sentence or racial
discrimination in imposition of the death penalty. Court
declined to decide
constitutionality of a 1992 statutory amendment limiting the
universe of proportionality review until reviewing the findings
of a newly appointed Special Master.
State v. Chew, 159 N.J. 183, 731 A.2d 1070
(1999). Death penalty upheld on proportionality review.
Board of Chosen Freeholders of County of Morris v.
State, 159 N.J. 565, 732 A.2d 1053 (1999). Counties
still responsible for capital costs of judicial facilities.
State v. Martini, 160 N.J. 248, 734 A.2d 257
(1999). In death penalty case, denied Public Defender's
claim for post-conviction relief based on trial counsel's failure
to discover and introduce evidence that defendant concealed and
considered confidential.
Dale v. Boy Scouts of America, 160 N.J. 562, 734
A.2d 1196 (1999) The gay Boy Scout case; held BSA to be a
"place of public accommodation" subject to the Law
Against Discrimination. (Reversed by
U.S.Supreme Court, June 28, 2000.)
Abbott v. Burke, 163 N.J. 95, 748 A.2d 82
(Mar.7,2000) ("Abbott VI"). Held, inter alia,
that the
use of daycare centers with uncertified teachers did not satisfy
the Court's earlier mandate for quality preschool education in
the poor urban districts.
In re Adoption of Child by W.P., 163 N.J. 158,
176, 748 A.2d 515, 525 (Apr.6,2000). Chief Justice Poritz
dissented at length from the Court's decision that the
grandparent visitation statute was overridden by the adoption
statute.
In re Gray-Sadler, 164 N.J. 468, 753 A.2d 1101
(June 30, 2000). Invalidated a municipal election because
of confusing instructions on write-in votes.
Kaspar v. Board of Trustees of T.P.A.F.,
164 N.J. 564, 595, 754 A.2d 525, 542 (July 18,2000).
Chief Justice Poritz dissented from Court's decision that
teacher assaulted on front steps of school was engaged in
performance of duties and thus eligible for accidental disability
retirement.
Planned Parenthood v. Farmer, 165 N.J. 609, 762 A.2d 620
(Aug.15,2000). Held Parental Notification for Abortion Act
unconstitutional.
Burns v. Belafsky, 166 N.J. 466, 766 A.2d 1095 (Feb.26,2001).
Allowed a medical malpractice case to proceed where
the affidavit of merit was filed after the statutory initial
sixty-day period but within the statutory
extension period, though no motion for extension was filed.
State v. Thomas, 166 N.J. 560, 767 A.2d 459 (Feb.28,2001).
Chief Justice Poritz dissented from the Court's holding that
the No Early Release Act did not apply to a sexual assault case in which
there was no physical force other than that inherent in the sexual contact.
State v. Manzie, 168 N.J. 113, 733 A.2d 659 (June 13,2001). Chief Justice Poritz
(along with Justices Long and LaVecchia) dissented from the
Court's holding that the No Early Release Act did not apply to murder.
Hubbard v. Reed, 168 N.J. 387, 774 A.2d 495 (June 21,2001).
In a malpractice action
against a dentist who pulled the wrong tooth, where the plaintiff
would rely on the common knowledge doctrine and not call an expert
witness, an affidavit of merit was not required.
Palanque v. Lambert-Woolley, 168 N.J. 398, 774 A.2d 501 (June 21,2001).
The holding of Hubbard v. Reed applies to a case where the defendant
misread the specimen identification numbers on a pregnancy test as the
test results.
Roman Check Cashing, Inc. v. N.J. Dep't of Banking & Insurance,
169 N.J. 105, 777 A.2d 1 (July 18, 2001). Upheld against
constitutional challenge the
2500-foot distance requirement in statute regulating check cashing
businesses.
Bieker v. Community House of Moorestown, 169 N.J. 107, 777 A.2d 37
(July 23, 2001). Held that a charity's immunity against suit
for injury would be denied
only if its rentals to for-profit entities had become dominant over
charitable activities.
J.B. v. M.B., 170 N.J. 9, 783 A.2d 707 (Aug.14,2001).
Divorced husband was denied
the right to use frozen preembryos, because it would have forced the divorced
wife to become a biological parent against her will.
Abbott v. Burke, 170 N.J. 537, 790 A.2d 842 (Feb.21,2002).
("Abbott VIII"). The Court clarified mandates for
preschool programs in the Abbott districts, but declined to appoint
a Special Master to oversee implementation.
Matturi v. Board of Trustees of Judicial Retirement System,
173 N.J. 368, 802 A.2d 496 (July 24, 2002). Held that
benefits to a judge's survivor are not to be adjusted for increases
in judges' salaries occurring after judge's death.
State v. Marshall, 173 N.J. 343, 801 A.2d 1142 (July 30, 2002).
In a death sentence case, the Court affirmed denial of a
second post-conviction relief petition substantially equivalent to
an earlier one, the denial of which had already been affirmed.
Toll Brothers v. Township of West Windsor, 173 N.J. 502, 803 A.2d 53
(Aug.1, 2002). A Mt. Laurel case, in which the Court
found that the township's ordinances, regulations, and site factors had
prevented a realistic opportunity for affordable housing, and upheld a
builder's remedy.
Lonegan v. State, 174 N.J. 435, 809 A.2d 91 (Aug. 21, 2002). Sustained the
Education
Facilities Construction & Financing Act against challenge based on debt
limitation clause, but called for further argument on the challenge to
contract debt in general.
New Jersey Democratic Party v. Samson, 175 N.J. 178, 814 A.2d 1028 (October 2, 2002).
The Court unanimously allowed the Democratic Party to
change its candidate for Senate, although the original
candidate had withdrawn after the statutory deadline.
Lonegan v. State, 176 N.J. 2, 819 A.2d 395 (April 9, 2003) (4-3 decision).
The Court declined to use the Debt Limitation Clause to overturn the long-standing practice of
"contract debt."
JOSEPH WEINTRAUB, Chief Justice 1957-1973
Joseph Weintraub, "Judicial Legislation," 81 N.J.L.J.
545
(Oct.30,1958) (address to Iota Theta Fraternity, New York City,
Sept.30,1958)
NOTABLE OPINIONS
Jackman v. Bodine, 43 N.J. 453, 205 A.2d 713 (1964)
Held that the State's constitutional provision for one Senator
from
each county violated the "one person one vote" standard
under the
federal Equal Protection Clause.
PIERRE P. GARVEN: Chief Justice
Sept.1,1973-Oct.19,1973
"Sullivan and Garven Picked for Supreme Court," 90
N.J.L.J. 305
(Mar.15, 1973)
RICHARD J. HUGHES: Chief Justice
1973-1979
Richard J. Hughes, "Reflections: 'A Growing Court,'" 11
Seton Hall
Law Review 379-395 (1981)
NOTABLE OPINIONS
Rova Farms Resort v. Investors Ins. Co., 65 N.J. 474, 323 A.2d
495
(1974). Held the insurance company liable for the full amount of
a $225,000 tort verdict, though its policy limit was $50,000,
because the insurer had not made a good-faith effort to settle
the
case.
ROBERT N. WILENTZ: Chief Justice
1979-1996
"Tributes to Chief Justice Robert N. Wilentz," 49
Rutgers Law
Review 637-749 (1997)
NOTABLE OPINIONS
DEBORAH T. PORITZ, Chief Justice, 1997--
WORKS ABOUT PORITZ
"
Chief Justice Deborah T. Poritz" (brief biography on the
Judiciary website)
OPINIONS AND OTHER DOCUMENTS BY PORITZ