New Jersey Business Law

08/18/2026

First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

The justices weighed in on the issue after the Third Circuit asked the state high court last September to determine what mental state, if any, is required to establish liability under what is known as Daniel's Law. In certifying the question, the circuit panel signaled that the lack of a mental state requirement could suggest the law is unconstitutional, as content-based restrictions on speech call for strict scrutiny and must be narrowly tailored to serve a compelling government interest.

The U.S. Supreme Court has been very clear, even for historically unprotected categories of speech — things like obscenity or true threats or defamation — that even regulations speaking directly to those kinds of speech usually have to have some sort of mens rea requirement, some sort of fault standard.

New Jersey Supreme Court justices held in a unanimous opinion on Aug. 12 that the Legislature's inclusion of a mental state requirement in other provisions of the measure, as well as the removal of a mental state requirement from the actual damages provision in a 2022 amendment, show that lawmakers were deliberate in adding — and removing — mental state requirements where they intended to do so.

08/16/2026

I remember this song and this time so well--life really resonated in those days--there was a great sense of future even though the Viet Nam war was threatening life as we knew it--there was hope and a sense that the future would be better than the past--no so much now--too much AI, war, Trump, and inequality--We can and need to do better!

08/16/2026

I saw the Odyssey last night--not bad but an hour too long-I am not sure Matt Damon was the right actor--would not really recommend it--doesn't really resonate--wish it wasn't true but that is what I felt--not much

08/15/2026

United States v. Heppner, 25-cr-503-JSR (S.D.N.Y. Feb. 17, 2026). [1, 2]
Key Details of this key Ruling:
The Case: Judge Jed S. Rakoff ruled that a criminal defendant's interactions (prompts and outputs) with a public AI chatbot (Claude) are not protected by attorney-client privilege or the work-product doctrine.
Hepner was accused of wire fraud and looked up the crime using AI on a public, "open system" as opposed to a "closed system" like Westlaw or Lexis.
So Hepner's "mistake" was not using a "closed system" or having the money or resources to do so. That seems like a two tiered system of justice to me; one for the affluent and connected; and another for the disconnected. I hope and believe the Circuit Court will review this, as it just doesn't seem fair or right; analogous to the Miranda warning so that the accused knows his/her statements can be used against them and they have a right to a lawyer. One should not be able to incriminate him/her self by looking up the elements of a crime. If you don't yet have a lawyer or can't afford one, why shouldn't you be able to look up the elements of the crime you are charged with, without having that evidence used against you?

You could go to a law library and do so anonymously; so why is your electronic footprint any different. It's not evidence of an intent to commit a crime. Rather, its merely understanding what crime you are alleged to have committed. The Warren Court would have protected this use, but likely the Roberts' Court will not. There should be one system of justice for all however, in my view.

07/19/2026

07/16/2026

This is an excellent explanation of the Iran economic and political situation--It's important to read to understand why Trump's early termination of Obama's agreement with Iran was so devastating--and it shows a way forward

06/18/2026

06/03/2026

Einstein understood the meaning of life--you have to keep moving-progressing or you die.

“Life is like riding a bicycle. To keep your balance, you must keep moving.”

Albert Einstein's life advice in a letter to his son Eduard on 5 February 1930. In the picture, Einstein is riding a bicycle in Santa Barbara, USA in 1933.