All Articles tagged New York state
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.
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.
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 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
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.
State Constitutional Commentary
October 12, 2018 EDT This article examines the background and the legal grounds of that historic ruling in Myers v. Schneiderman.
State Constitutional Commentary
October 12, 2018 EDT To fulfill NY’s constitutional mandate to provide a sound basic education, NY should enact a constitutional amendment creating a right to appointed civil representation when students face school-disciplinary actions.
State Constitutional Commentary
December 01, 2017 EDT This article argues that changes to the Article I, section 9, prohibitions on gambling are necessary in light of today’s gambling environment.
General
June 11, 2017 EDT This article highlights recent changes to statutes affecting not-for-profit corporations and offers suggestions for further changes to make the statutes consistent, coherent, and useful.
New York Appeals
May 05, 2017 EDT This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute.
State Constitutional Commentary
December 02, 2015 EDT This article speaks to the public policy sections of the document, which are located in articles VII through XVIII of the New York State Constitution.
General
March 23, 2015 EDT Trbute to David Siegel.
New York Appeals
February 13, 2015 EDT This article attempts to reconcile New York Court of Appeals cases concerning whether regulations limited to New York City were appropriate under the New York State Constitution.
New York Appeals
February 13, 2015 EDT This article will review the statutory text and case law related to CPLR section 202 and CPLR section 205(a) and analyze whether the Court of Appeals’ decision in Norex truly...
State Constitutional Commentary
January 05, 2015 EDT This article focuses upon the provisions of each section of the New York State Constitution that can be removed, modified or relocated within the document.
State Constitutional Commentary
January 05, 2015 EDT This high court study follows the New York State Court of Appeals's application of the De Bour standard in search and seizure cases.
State Constitutional Commentary
January 05, 2015 EDT It is the purpose of this article to articulate the state of state constitutional protections for free exercise of religion after Oregon v. Smith.
Justice Commentaries
October 16, 2014 EDT Tribute to Judge Stewart F. Hancock, Jr.
Justice Commentaries
October 16, 2014 EDT Thoughts on Judge Hancock
Justice Commentaries
October 16, 2014 EDT Foreword
General
May 13, 2014 EDT This article argues that both the Dryden and Middlefield zoning laws are excessively broad.
New York Appeals
January 01, 2014 EDT The Court of Appeals‘ ruling in Greater N.Y. Taxi Ass‘n v. State does not bode well for the future of home rule in New York State.
New York Appeals
January 01, 2014 EDT This article examines whether New York state courts have applied the legislatively enacted "deviates materially from reasonable compensation" standard of judicial review in accordance with the statute's stated purpose.
New York Appeals
January 01, 2014 EDT This article argues that both a power of attorney and a health care proxy are two of the most basic and essential estate planning documents.
New York Appeals
March 03, 2013 EDT New York State Bar Association's Report and Resolution, adopted by the House of Delegates on November 17, 2012, detailing its position on non-lawyer ownership of entities practicing law.
New York Appeals
March 03, 2012 EDT This Article is a tribute to Chief Judge of the New York State Court of Appeals Judge Jonathan Lippman.
New York Appeals
March 03, 2012 EDT The most enduring aspect of New York State Court of Appeals Chief Judge Jonathan Lippman‘s legacy will be his vision for expanding access to civil legal services and equal justice.
New York Appeals
March 03, 2012 EDT This article is written by a previous clerk for Chief Judge Jonathan Lippman and explains what it was like working under him.
New York Appeals
March 03, 2012 EDT This article, written by a previous clerk for Chief Judge Lippman, offers stories highlighting the attributes the author believes make Judge Lippman a better Judge.
New York Appeals
March 03, 2012 EDT This article is a tribute to Chief Judge of the New York State Court of Appeals Judge Jonathan Lippman.
New York Appeals
March 03, 2012 EDT This lecture describes the issues the issue of federal courts interpreting state law and interjurisdictional certification.
New York Appeals
March 03, 2012 EDT This article considers constitutional change in New York through the lens of a gambling prohibition.