All Articles tagged New York

• State Constitutional Commentary
  January 04, 2025 EDT
  14th ANNUAL CHIEF JUDGE LAWRENCE H. COOKE STATE CONSTITUTIONAL COMMENTARY SYMPOSIUM: THE EMINENCE AND EXPERIENCE—AND EXHAUSTION—OF BEING NEW YORK’S CHIEF JUDGE
  Hon. Rowan WilsonHon. Jonathan LippmanVincent BonventreKanika Johar

  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
  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.

• New York Appeals
  August 26, 2024 EDT
  MOLINEUX MEETS #METOO: EVALUATING THE MEDIA’S COVERAGE OF PEOPLE V. WEINSTEIN AND THE NEW YORK COURT OF APPEALS
  Sarah Midani

  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
  THE LEGAL CASE FOR STORMWATER FEES IN NEW YORK CITY
  Nathaniel R. Mattison

  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
  THE RISE AND FALL OF WORKERS’ COMPENSATION IN NEW YORK
  Robert E. Grey

  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
  SPLITS IN DECISION-MAKING: COMPARING THE LEADERSHIP STYLES OF CHIEF JUDGE KAYE AND CHIEF JUDGE LIPPMAN
  Deana DiBenedetto

  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
  HE WHO REPRESENTS HIMSELF HAS A FOOL FOR A CLIENT: THE RIGHT TO COUNSEL AND THE RIGHT TO SELF-REPRESENTATION IN NEW YORK
  Colleen D. DuffyMelany Gray

  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
  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
  November 20, 2022 EDT
  AMERICAN SQUATTER
  Marc L. Roark

  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
  Are Women Getting An Equal Chance to Argue at the New York Court of Appeals? Ten Years of Argument Data Paint a Troubling Picture
  Robert S. Rosborough IV

  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
  RETRIBUTION AGAINST CATHOLIC DIOCESES BY REVIVAL: THE EVOLUTION AND LEGACY OF THE NEW YORK CHILD VICTIMS ACT
  Marie T. Reilly

  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
  FIXING APPEAL WAIVERS IN NEW YORK
  Jonathan Cantarero

  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
  Imposing Silence Through Settlement: A First-Amendment Case Study of the New York Attorney General
  Aaron Gordon

  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.

  Abstract
• New York Appeals
  November 11, 2020 EDT
  CHIEF JUDGE JANET DIFIORE: PUSHING NEW YORK COURT SYSTEM FORWARD
  Emily Anne Gray

  This note discusses the Excellence Initiative and the proposed restructuring of the New York court system.

• Justice Commentaries
  September 27, 2020 EDT
  ADRIFT IN THE INTERSTICES OF LAW AND JUSTICE: DIVINING RIGHT AND WRONG IN THE SAD, STRANGE CASE OF PEOPLE V. SCHMIDT
  James R. Acker

  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
  CONTRACTING AROUND CPLR 202: “ACCRUAL” BORROWING STATUTE IN NEW YORK PRACTICE AND WHY ITS CURRENT APPLICATION IS UNWORKABLE
  Benjamin J. Wisher

  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
  POLICE USE OF DEADLY FORCE: REVISING JUDICIAL AND STATUTORY STANDARDS TO LIMIT UNJUSTIFIED VIOLENCE
  David J. Wukitsch

  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
  UPDATING NEW YORK’S OUTDATED IDENTITY THEFT LAWS
  Yuval Simchi-Levi

  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
  EDITOR’S FOREWORD
  Vincent Martin Bonventre

  Foreword

• New York Appeals
  September 13, 2019 EDT
  THE APPELLATE DIVISION’S ADJUDICATION OF CHALLENGES TO POLITICAL PARTY NOMINATIONS IN 2018, AND ITS MEANING FOR BALLOT ACCESS IN NEW YORK
  Craig R. Bucki

  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
  IMPEDIMENTS TO “ALBERT PUJOLS STATUS”: SOME DANGER ZONES AND SAFETY NETS IN NEW YORK APPELLATE PRACTICE
  Edward J. Markarian

  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
  GLOBAL REBRINGS THE LAW IN LINE WITH REINSURANCE INDUSTRY PRACTICE
  Thomas R. Newman

  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
  CHOICE OF WHAT? THE NEW YORK COURT OF APPEALS DEFINES THE PARAMETERS OF CHOICE-OF-LAW CLAUSES IN MULTIJURISDICTIONAL CASES
  Patricia Youngblood Reyhan

  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
  LET’S BE REASONABLE: WHY NEW YORK COURTS NEED TO EMBRACE THE FEDERAL STANDARD FOR ANALYZING POLICE-CIVILIAN ENCOUNTERS
  Yuval Simchi-Levi

  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
  TOO MUCH SUN CAN BURN: REASSESSING PUBLIC ACCESS TO CONFIDENTIAL EMPLOYMENT SETTLEMENT AGREEMENTS IN PUBLIC EDUCATION
  Mark A. Paige

  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
  URBAN CREEP IN UPSTATE NEW YORK: OPTIMIZING THE PRESERVATION OF AGRICULTURAL LAND
  Lindsey L. Johnson

  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
  JONES LECTURE MUSINGS ON STARE DECISIS IN NEW YORK’S COURT OF LAST RESORT
  Susan Phillips Read

  2018 Hugh R. Jones Memorial Lecture.

• New York Appeals
  October 12, 2018 EDT
  THE NEW YORK STATE BAR ASSOCIATION’S PROPOSED AMENDMENT TO CPLR 5501: A NON-SOLUTION TO A NON-PROBLEM
  Michael J. Nolan

  This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.

• New York Appeals
  October 12, 2018 EDT
  WHEN THE CHIEF WRITES: AN EXAMINATION OF CHIEF JUDGE JANET DIFIORE’S OPINIONS
  Emma L. Tiner

  This article examines Chief Judge DiFiore as a writer, with an especial focus on her criminal opinions.

• New York Appeals
  October 12, 2018 EDT
  JUDGE JENNY RIVERA: THE LONE DISSENTER FOR THE ACCUSED
  Linnea E. Riegel

  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
  JUDGE STEIN: NEITHER LEFT NOR RIGHT
  Charlotte Rehfuss

  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
  JUDGE FAHEY: A JUDGE’S JUDGE USING HIS POSITION TO PROTECT THE VULNERABLE
  Daniel Siegel

  This article analyzes Judge Fahey's dissenting opinions during his time on the New York Court of Appeals.