All Articles tagged New York
State Constitutional Commentary
January 04, 2025 EDT Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman engage in a panel discussion on what it means to oversee New York State's Court of Appeals and court system.
New York Appeals
December 21, 2024 EDT 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.
New York Appeals
August 26, 2024 EDT This Comment evaluates approaches that fourteen news outlets took in breaking the news of the NY Court of Appeals overturning Harvey Weinstein's conviction based on the Molineux rule.
New York Appeals
August 09, 2023 EDT This Article demonstrates that the NYC Water Board has ample authority under existing law to institute a stormwater fee today as part of the NYC's water and sewer rate scheme.
New York Appeals
March 23, 2023 EDT This Article traces the history of the New York Workers’ Compensation Law from its origin to the present day.
New York Appeals
January 27, 2023 EDT This Note analyzes the judicial leadership styles of Chief Judge Kaye and Chief Judge Lippman in further detail to determine the benefits and detriments that each leadership style yielded.
New York Appeals
January 18, 2023 EDT This Article reviews the current state of the law in New York as to what constitutes a valid waiver of a defendant’s right to counsel at trial.
General
January 06, 2023 EDT 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
November 20, 2022 EDT Different approach to the squatter’s narratives from Peñalver and Katyal and Dobbz—squatters reveal the essence of how property law articulates values embedded in social and legal treatment of land relationships.
New York Appeals
September 02, 2022 EDT This article explores the representation of women as advocates before the NY Court of Appeals and their ability to influence the views of the judges who shape New York law.
New York Appeals
March 23, 2021 EDT This article considers the evolution of limitations relief for time-barred child sexual abuse claims in NY culminating with the claims revival window enacted in 2019 as part of the NYCVA.
General
February 24, 2021 EDT This article discusses the history of appeal waivers in NY and offers practical tips to promote their proper execution in criminal courts to protect defendants and reduce caseloads.
General
February 24, 2021 EDT This article carries important implications for the constitutionality of the CFTC’s speech-suppressant practices, as well as for any other official attempt to exact surrenders of constitutional rights through settlement agreements.
New York Appeals
November 11, 2020 EDT This note discusses the Excellence Initiative and the proposed restructuring of the New York court system.
Justice Commentaries
September 27, 2020 EDT If the question is whether Hans Schmidt’s conviction and execution were defensible in law and also consistent with justice, the answers, at a minimum, are debatable.
New York Appeals
September 16, 2020 EDT This note argues that the current application of CPLR 202, New York's borrowing statute, is unworkable and courts need to approach this issue differently.
New York Appeals
February 20, 2020 EDT This article examines ways to help reduce unwarranted instances of lethal force by law enforcement, examining the Fourth Amendment and New York Penal Law.
New York Appeals
February 05, 2020 EDT This article argues that New York State should update and strengthen its identity theft statutes given the developments in this area of the law over the last two decades.
New York Appeals
September 13, 2019 EDT Foreword
New York Appeals
September 13, 2019 EDT Two 2018 appellate division decisions that rejected potential candidacies on technical grounds demonstrate that more remains to be done to achieve the promise of equitable ballot access in New York.
New York Appeals
September 13, 2019 EDT This article is a reminder that the rules have real consequences on the actual field of play and that there are numerous obstacles to overcome.
New York Appeals
September 13, 2019 EDT The decisions in Global Reinsurance Corp. of America v. Century Indemnity Co. brought the current state of the law in line with generally accepted reinsurance industry practice.
New York Appeals
September 13, 2019 EDT This article examines the current state of NY’s status as a center for the litigation of multijurisdictional commercial disputes and the NY Court of Appeals’ recent jurisprudence regarding that status.
New York Appeals
September 13, 2019 EDT Under the Fourth Amendment, federal courts and many other state courts have determined that whether police officers acted lawfully hinges on whether the officers’ conduct was reasonable—plain and simple.
General
February 28, 2019 EDT This article contends that the current legislative and judicial presumption in most states that such agreements are completely open to inspection should be revised for several reasons.
General
February 28, 2019 EDT New York State has the tools and capabilities of promoting agriculture and land use planning by focusing on the needs of communities at the local level.
General
February 28, 2019 EDT 2018 Hugh R. Jones Memorial Lecture.
New York Appeals
October 12, 2018 EDT This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.
New York Appeals
October 12, 2018 EDT This article examines Chief Judge DiFiore as a writer, with an especial focus on her criminal opinions.
New York Appeals
October 12, 2018 EDT After five years on the bench, Judge Rivera is not known as a judicial activist, a judge for women or Latina/os; she is the judge for the accused.
New York Appeals
October 12, 2018 EDT This article discusses both the majority opinions and dissenting opinions authored by Judge Stein to examine the course she has taken while on the New York Court of Appeals.
New York Appeals
October 12, 2018 EDT This article analyzes Judge Fahey's dissenting opinions during his time on the New York Court of Appeals.