All Articles tagged New York Constitution

• 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
  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.

• State Constitutional Commentary
  October 12, 2018 EDT
  AN UNFORTUNATE MISSTEP: THE NEW YORK COURT OF APPEALS’ REJECTION OF AID-IN-DYING IN MYERS V. SCHNEIDERMAN
  Edwin G. SchallertKathryn L. Tucker

  The court disregarded well-established precedent and ignored unique aspects of the NY Constitution critical to this case and failed to honor NY’s proud tradition of protecting fundamental liberties.

• State Constitutional Commentary
  October 12, 2018 EDT
  STATE-FEDERAL JUDICIAL COUNCIL CLE PROGRAM: SYMPOSIUM IN HONOR OF CHIEF JUDGE JUDITH S. KAYE–STATE CONSTITUTIONAL ISSUES
  Albany Law Review

  These remarks recount the importance Chief Judge Kaye placed on utilizing state constitutions in deciding cases.

• State Constitutional Commentary
  October 12, 2018 EDT
  STATE-FEDERAL JUDICIAL COUNCIL CLE PROGRAM: SYMPOSIUM IN HONOR OF CHIEF JUDGE JUDITH S. KAYE–STATE CONSTITUTIONAL ISSUES
  Albany Law Review

  These remarks demonstrate the importance of utilizing state constitutional principles when advocating and deciding cases.

• New York Appeals
  May 05, 2017 EDT
  A LESSON FROM THE NEW YORK TEACHER TENURE CHALLENGE: DISTINGUISHING LEGISLATIVE ACTION FROM INACTION WITHIN POSITIVE RIGHTS ANALYSIS
  Cadesby B. Cooper

  This article analyzes the constitutional issues that the Davids court will face in deciding the reach of the Education Clause and briefly notes the evidentiary obstacles to the plaintiffs’ claim.

• State Constitutional Commentary
  September 23, 2013 EDT
  “IT AIN‘T NECESSARILY SO”: THE GOVERNOR‘S “MESSAGE OF NECESSITY” AND THE LEGISLATIVE PROCESS IN NEW YORK
  Peter J. GalieChristopher Bopst

  This article examines the New York State Constitution‘s bill aging and message of necessity provisions.

• State Constitutional Commentary
  May 05, 2007 EDT
  A BRIEF HISTORY OF THE MECHANISMS OF CONSTITUTIONAL CHANGE IN NEW YORK AND THE FUTURE PROSPECTS FOR THE ADOPTION OF THE INITIATIVE POWER
  Jerald A. Sharum

  This article tracks the changes made to the mechanisms of constitutional change to identify important themes and considerations that have shaped the power of constitutional change in NY.

• General
  January 01, 2006 EDT
  A BRIEF HISTORY OF THE MECHANISMS OF CONSTITUTIONAL CHANGE IN NEW YORK AND THE FUTURE PROSPECTS FOR THE ADOPTION OF THE INITIATIVE POWER
  Jerald A. Sharum

  This Article tracks the changes made to the mechanisms of constitutional change to identify important themes and considerations that have shaped the power of constitutional change in NY.