All Articles tagged Constitutional Law

• New York Appeals
  December 21, 2024 EDT
  WHOSE BOARD OR COMMISSION IS THIS ANYWAY?
  Bennett Liebman

  This Article explores the limits of Article V, Section 4 of the NYS constitution, under which governors appoint heads of most departments and all boards and commissions with senate approval.

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• General
  January 06, 2023 EDT
  ABANDONING ORIGINAL MEANING
  Michael L. Smith

  This article argues the United States Supreme Court has abandoned the original public meaning approach in its recent opinions in Bruen, Dobbs, and Kennedy.

• General
  August 18, 2022 EDT
  Ultra Compelled: Abortion Providers’ Free Speech Rights After NIFLA
  Kimberley Harris

  Laws compelling speech from abortion providers should be subjected to at least intermediate scrutiny and thus fail as they are not substantially related to an important government interest.

• General
  January 01, 2018 EDT
  FREE SPEECH ORIGINALISM
  Tyler Broker

  If an evidence-based, procedural test of the effects of speech was applied in accordance with its original intent, speech would be more broadly and deeply protected.

• Justice Commentaries
  November 08, 2017 EDT
  ELIGIBILITY FOR COURT-APPOINTED COUNSEL IN FEDERAL CASES: A REVIEW OF LEGISLATION AND CASE LAW
  Susan L. WynneMichael S. Vaughn

  This article examines statutory and case law to determine how eligibility decisions are made for criminal defendants in federal cases regarding their Sixth Amendment rights.

• State Constitutional Commentary
  May 05, 2007 EDT
  INTRODUCTION
  Albert M. Rosenblatt

  Symposium Introduction

• State Constitutional Commentary
  May 05, 2007 EDT
  CHIEF JUDGE LAWRENCE H. COOKE
  Judith S. Kaye

  Symposium Statement

• State Constitutional Commentary
  May 05, 2007 EDT
  FORGOTTEN LAW AND JUDICIAL DUTY
  Jim Hannah

  Symposium Statement

• State Constitutional Commentary
  May 05, 2007 EDT
  CONCLUDING REFLECTIONS: CHANGING ROLES: THE SUPREME COURT AND THE STATE HIGH COURTS IN SAFEGUARDING RIGHTS
  Vincent Martin Bonventre

  Symposium Statement

• General
  January 01, 2006 EDT
  THE NEW JERSEY CONSTITUTION: POSITIVE RIGHTS, COMMON LAW ENTITLEMENTS, AND STATE ACTION
  Helen Hershkoff

  The author draws a connection among the NJ Supreme Court’s treatment of social and economic rights, departure from federal state action doctrine, and reconfiguration of common law entitlements.