Donald Scarinci

Donald Scarinci

Donald Scarinci
Scarinci Hollenbeck
Experience: 41 years
Appeals & Appellate, Gov & Administrative Law, Business Law and 8 others
District of Columbia, New Jersey, New York and Pennsylvania
Experience 41y
Videos 3
Online & Web 12

Biography Submit listing

As one of the most dynamic firms in the New Jersey/New York Metropolitan Region, we provide a broad range of services to a diverse group of clients. We support and advance our clients' initiatives through innovative solutions to complex legal problems.

Scarinci Hollenbeck is a full service, general practice law firm that provides a broad range of legal services to a diverse group of clients. Our principal areas of practice include Business Law, Real Estate Law, Environmental and Land Use Law, Labor and Employment Law, Litigation, Insurance Law and Public Law. We are also experienced in a number of specialty areas that are incorporated into these core practice areas.

Scarinci Hollenbeck utilizes cutting-edge computer technology and the most cost-effective allocation of personnel when servicing our clients. We make extensive use of skilled legal assistants and clerical assistants to provide the appropriate skill level for the service required. To enhance our responsiveness to our clients, Scarinci Hollenbeck utilizes state-of-the-art information and communications technologies, allowing expedient information retrieval and exceptional litigation support and research capabilities.

At Scarinci Hollenbeck, we believe that successfully addressing client needs requires more than just knowledge of the law. We understand the importance of working with a law firm that is capable of meeting a client's diverse and evolving needs, and are committed to adapting and responding to the ever-changing nature of today's business and legal environments. This commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm a solid reputation.

Jurisdictions Admitted to Practice

District of Columbia

Since 1983

New Jersey

Since 1983

New York

Since 1991

Pennsylvania

Since 1983

Professional Experience

1988 - Current

Scarinci Hollenbeck

Managing Partner

As one of the most dynamic firms in the New Jersey/New York Metropolitan Region, we provide a broad range of services to a diverse group of clients. We support and advance our clients' initiatives through innovative solutions to complex legal problems. Scarinci Hollenbeck is a full service, general practice law firm that provides a broad range of legal services to a diverse group of clients. Our principal areas of practice include Business Law, Real Estate Law, Environmental and Land Use Law, Labor and Employment Law, Litigation, Insurance Law and Public Law. We are also experienced in a number of specialty areas that are incorporated into these core practice areas. Scarinci Hollenbeck utilizes cutting-edge computer technology and the most cost-effective allocation of personnel when servicing our clients. We make extensive use of skilled legal assistants and clerical assistants to provide the appropriate skill level for the service required. To enhance our responsiveness to our clients, Scarinci Hollenbeck utilizes state-of-the-art information and communications technologies, allowing expedient information retrieval and exceptional litigation support and research capabilities.

1985 - Current

City of Union City, NJ

Corporation Counsel

The Corporation Counsel for the City of Union City is a part time position created by local ordinance and appointed by the Mayor. I have had the privilege to serve 5 Mayors of the City of Union City during my career there.

2009 - 2011

Hoboken University Medical Center

General Counsel

Represented the hospital in all legal matters and provided general legal advice.

Education

1983

Seton Hall University

J.D. (1983) | Law

1980

New York University

M.A. | English Language and Literature

1978

Montclair State University

B.A.

Contacts

1100 Valley Brook Ave Lyndhurst NJ 07071 Telephone: (201) 896-4100

Videos

Marbury v. Madison | How it gave the Supreme Court the power to decide fate of
Donald Scarinci explains how Marbury v. Madison, decided in 1803, gives the United States Supreme Court the power to decide whether "Obama care" will be the law of the land or not.

Supreme Court Review of the Affordable Care Act began in 1803

American's who support and oppose "Obamacare" now find themselves without elected Congressmen to lobby and without the media to influence public opinion. The fate of the Affordable Care Act is now in the hands of nine people elected by no one and appointed for life to the job. This leaves some Americans wondering why the United States Supreme Court has this extraordinary power to affirm or set aside this hard fought victory of Barak Obama's first term presidency.

In 1803, the United States Supreme Court considered the facts of Marbury v. Madison and decided that the Supreme Court has the power to invalidate acts of Congress if they determine those acts to be in conflict with the Constitution of the United States. This legal doctrine is known as "judicial review."

The case was brought by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia during the hotly contested Presidential election of 1800. Although Marbury's commission was approved, it was not delivered before Adams' term in office ended.

When Thomas Jefferson took office, he ordered James Madison, his Secretary of State, not to deliver the commissions signed by his predecessor. Marbury subsequently petitioned the Supreme Court to force Madison's hand through a writ of mandamus, a legal order compelling him to act.

The justices held that the Judiciary Act of 1789, on which Marbury relied to bring his petition to the High Court, was unconstitutional. The Court invalidated the law because it extended the Court's original jurisdiction (the power to bring cases directly to the Supreme Court) beyond the scope of the Constitution. Under Article III, original jurisdiction is only given to cases "affecting ambassadors, other public ministers and consuls" and to cases "in which the state shall be party."

In plain terms, the Supreme Court determined that Congress had overstepped its authority in passing the law, and it was the Court's duty, as the protector of the Constitution, to strike it down.

This decision forms the basis for petitioners to challenge the constitutionality of our laws before the Supreme Court, including the health care law being debated today. In addition to establishing judicial review, the Marbury decision elevated the power of the Supreme Court and started its gradual rise to an equal branch of the federal government.
Views 3221
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Gerrymandering and the Courts on Redistricting
In most states, the state legislature reconfigures its own map and the congressional map every ten years when the census numbers are finalized. Fifteen states have created redistricting commissions claiming that these commissions would be less politic cal.

The fact is that even in the states that create district maps by special commissions with tie breaking voters are political. They don't start out that way. Everyone makes great speeches about "fairness" and "equity" but in the end, in every state that redistricts by commission, it is a political decision based on party politics. Diane Carman writing for the Denver Post ten years ago said, "Getting the partisanship out of politics is like trying to take the sex out of porn."

Since the beginning of our nation, there was always gamesmanship. The most famous story comes to us from Massachusetts in 1812. Governor Eldbridge Gerry, a patriot who was outspoken in his support for Samuel Adams before the American Revolution, takes the rap for the redistricting practice known as "Gerrymandering." Gerry was the leader of the Democratic - Republican Party in Massachusetts. To prevent the Federalists from winning control of Massachusetts, Gerry supported a map that captured 29 legislative seats for his Democratic Republican party and only 11 seats for the Federalist Party even though the Democratic Republican party only had 50,164 votes while the Federalists had 51,766 votes in Massachusetts. The Gerrymandering of Massachusetts gave a more than 2 to one majority to a political party that represented less than half of the voting population.

Even as the work of the state legislatures and commissions conclude their deliberations and recommend new voting maps over the next several months, redistricting will remain in the news for years. There will be new issues that the courts will be called upon to decide and the political gamesmanship between the political parties will inevitably work its way to the judicial branch of government as their referee.
Views 1544
Likes 13
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What is Redistricting in the United States
Do you know what Redistricting is? Why does it have to be so political? In this video Donald Scarinci will explain what Redistricting is, and why its such a hot topic right now.

There's a lot being written about congressional redistricting in the news right now. That's because once every ten years, after the results of the Census are tabulated, every state needs to take a look at their state legislative and congressional districts and redistribute the population as evenly as possible in each of those districts. It is the concept of one man, one vote and it has been around since the constitutional convention of 1787.

As you guessed, since the population grows and shifts, the views that each representative takes to Washington are representative of a majority of the people who elect them. That means that who the voters of each district are determines what representative they will elect to send to Washington. Every ten years, after the census results are finalized who votes where becomes the question—what is the map? Until modern times state legislatures decided that. Even today in 35 states, it is the state legislatures that create the new voting map every ten years.

Politics, you say? Absolutely.
Views 4346
Likes 37
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Comments 5
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Donald Scarinci
Donald Scarinci Scarinci Hollenbeck

Experience: 41 years
Website: Open
Location: USA
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Practice Areas

Appeals & Appellate

Civil Appeals, Federal Appeals

Gov & Administrative Law

Administrative Law, Election Law, Government Contracts, Government Finance, Legislative & Government Affairs

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Employment Law

Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination

Civil Rights

Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Tax Law

Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Languages

English: Spoken, Written

Websites

Socials