All Articles tagged Policy

• Justice Commentaries
  September 17, 2023 EDT
  THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42
  Michael Maio

  This Note delves into the legality, discriminatory use, and fabricated public health rationale of the Title 42 expulsion policy.

• General
  February 17, 2021 EDT
  WHY FIFTY: AN ANALYSIS OF THE SMALL BUSINESS EXEMPTION CODIFIED IN THE FAMILY AND MEDICAL LEAVE ACT OF 1993
  Lynn Ridgeway Zehrt

  This article examines the small business exemption codified in the Family and Medical Leave Act, which excludes from coverage all workers employed with private businesses with less than fifty employees.

• Justice Commentaries
  January 01, 2021 EDT
  PROMOTING EXPUNGEMENTS TO MINIMIZE THE ADVERSE IMPACT OF SUBSTANCE USE DISORDER CRIMINALIZATION
  Brittany KellyJohn HeinzAnthony SingerAila Hoss

  This article explores expungement as a tool in mitigating the harmful impacts of criminalizing substance use disorder.

• 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.

• State Constitutional Commentary
  September 13, 2019 EDT
  STATE COURTS, IMMIGRATION, AND POLITICS IN THE TRUMP ERA
  Cynthia Boyer

  This Article discusses the intersection between policy that regulates immigrant inflows and outflows; politics and its myths; and the judiciary at the state level in the Trump era.

• 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.

• 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
  THE MAYHEM OF WRONGFUL LIBERTY: DOCUMENTING THE CRIMES OF TRUE PERPETRATORS IN CASES OF WRONGFUL INCARCERATION
  Frank R. BaumgartnerAmanda GriggRachelle RamírezJ. Sawyer Lucy

  This paper presents an account of wrongful liberty and a first-of-its-kind documentation of all known crimes of wrongful liberty in a single state, North Carolina.

• State Constitutional Commentary
  October 12, 2018 EDT
  PHYSICIAN-ASSISTED SUICIDE AND THE NEW YORK STATE CONSTITUTION
  Edward T. MechmannAlexis N. Carra

  This article examines the background and the legal grounds of that historic ruling in Myers v. Schneiderman.

• General
  March 12, 2017 EDT
  REHABILITATING FRANKENSTEIN’S MONSTER: REPAIRING THE PUBLIC POLICY OF THE ROTH IRA
  Ausher M.B. Kofsky

  This article concludes that the government should not abandon the Roth IRA, but instead, Congress should enact sensible restrictions to minimize the harmful effects.

• General
  May 27, 2016 EDT
  WHAT “YES MEANS YES” MEANS FOR NEW YORK SCHOOLS: THE POSITIVE EFFECTS OF NEW YORK’S EFFORTS TO COMBAT CAMPUS SEXUAL ASSAULT THROUGH AFFIRMATIVE CONSENT
  Chandler Delamater

  This comment focuses on New York’s state-wide adoption of an affirmative consent standard in its colleges, and its potential effectiveness for combating the epidemic of sexual violence against women.

• General
  April 08, 2016 EDT
  CAVEAT SETTLOR: INSURANCE COVERAGE SETTLEMENTS AND THE TRIUMPH OF POLICY LANGUAGE OVER PRECEDENT
  John F. O'Connor

  This article argues excess policy provisions conditioning coverage on the payment of full limits from lower-layer insurers complicate the settlement of complex insurance coverage disputes.

• State Constitutional Commentary
  December 02, 2015 EDT
  CONSTRAINED BEHAVIOR: UNDERSTANDING THE ENTRENCHMENT OF LEGISLATIVE PROCEDURE IN AMERICAN STATE CONSTITUTIONAL LAW
  Nancy Martorano MillerKeith E. HammRonald D. Hedlund

  This study presents a quantitative measure of constitutional restrictiveness and explores the variation in this measure across the fifty state legislatures and the U.S. Congress.

• State Constitutional Commentary
  December 02, 2015 EDT
  STATE SUPREME COURTS AND SHARED NETWORKING: THE DIFFUSION OF EDUCATION POLICY
  Shane A. GleasonRobert M. Howard

  This study extends both the interdependent assumptions of social network analysis and the policy diffusion literatures to state supreme courts by examining education policy diffusion.

• State Constitutional Commentary
  December 02, 2015 EDT
  CONSTITUTIONAL “STUFF”: HOUSE CLEANING THE NEW YORK CONSTITUTION—PART II
  Peter J. GalieChristopher Bopst

  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.

• Justice Commentaries
  August 03, 2015 EDT
  HOW DO WE “DO DATA” IN PUBLIC DEFENSE?
  Andrew Lucas Blaize Davies

  This essay introduces the six articles that follow in this collection and assesses what they say about the contemporary state of research in public defense generally.

• Justice Commentaries
  August 03, 2015 EDT
  HOW DO WE “DO DATA” IN PUBLIC DEFENSE?
  Andrew Lucas Blaize Davies

  This essay introduces the six articles that follow in this collection and assesses what they say about the contemporary state of research in public defense generally.

• General
  March 23, 2015 EDT
  THE CONTINUING BATTLE OVER THE SECOND AMENDMENT
  Allen Rostron

  This article provides an updated look at the ongoing battle over the Second Amendment in the lower courts.

• General
  March 23, 2015 EDT
  GRIM FAIRY TALES: STUDIES OF WICKED STEPMOTHERS, POISONED APPLES, AND THE ELECTIVE SHARE
  Martin D. Begleiter

  This article considers attempts by courts to expand the elective share to will substitutes and finds such attempts to be an impermissible use of public policy by courts.

• General
  March 23, 2015 EDT
  NEW YORK STATE AND THE NEW YORK SAFE ACT: A CASE STUDY IN STRICT GUN LAWS
  Robert J. Spitzer

  This article examines the case of New York—a state that has long been in the forefront of tougher gun laws, and that has, in the minds of some, become a...

• Justice Commentaries
  October 16, 2014 EDT
  SUSTAINABILITY OF INNOCENCE REFORM
  Marvin ZalmanJulia Carrano

  This article examines the innocence movement from a broad policy approach in order to assess the prospect of effecting meaningful criminal justice reforms.

• General
  January 01, 2013 EDT
  THE SUPREME COURT AND POLITICAL SPEECH IN THE 21ST CENTURY: THE IMPLICATIONS OF HOLDER V. HUMANITARIAN LAW PROJECT
  Marjorie Heins

  This article surveys reactions to Holder in the broader context of the Roberts Court‘s First Amendment jurisprudence, and cautiously assesses the likely long-term consequences of the decision.

• General
  January 01, 2012 EDT
  ADOPTING OHIO SENATE BILL 5: THE ROLE OF THE PUBLIC UNIVERSITY PRESIDENTS
  Sheldon Gelman

  This article argues that the presidents‘ actions and words after SB 5 was passed were inconsistent with the traditional idea of shared university governance, and comported instead with the model...

• Justice Commentaries
  March 04, 2011 EDT
  A PATCHWORK OF POLICIES: JUSTICE, DUE PROCESS, AND PUBLIC DEFENSE ACROSS AMERICAN STATES
  Alissa Pollitz WordenAndrew Lucas Blaize DaviesElizabeth K. Brown

  This article examines state policies on three key stages at which the right to counsel may be critical: bail hearings; pretrial, plea, and trial hearings; and appeals of convictions.

• New York Appeals
  March 03, 2011 EDT
  STATE & LOCAL ECONOMIC SANCTIONS: THE CONSTITUTIONALITY OF NEW YORK’S DIVESTMENT ACTIONS AND THE SUDAN ACCOUNTABILITY & DIVESTMENT ACT OF 2007
  Elizabeth Trachy

  This article argues that state action, like New York's divestment policy in Sudan, is constitutional so long as the divestment measures remain within the boundaries that the SADA carefully establishes.

• General
  January 01, 2011 EDT
  CRISIS IN THE GULF OF MEXICO: IS NEW FEDERAL LEGISLATION THE ANSWER AND IF SO, TO WHAT QUESTION?
  Aaron Gershonowitz

  This essay discusses how the Deepwater Horizon incident raises significant questions about whether the existing compensation scheme creates the appropriate safety incentives.

• General
  March 03, 2010 EDT
  “EATING YOUR SEED CORN”: A NOTE ON NEW YORK STATE’S FISCAL POLICY FROM LIEUTENANT GOVERNOR RAVITCH
  Richard Ravitch

  This essay provides an outlook on New York State's fiscal condition.

• General
  May 08, 2009 EDT
  THE LAW REVIEW ARTICLE SELECTION PROCESS: RESULTS FROM A NATIONAL STUDY
  Jason P. NanceDylan J. Steinberg

  This article chronicles a survey that was sent to 400 student-edited law reviews asking questions designed to peel back the curtain that has shrouded the article selection process.

• General
  August 08, 2007 EDT
  DISTRIBUTED GENERATION: A STEP FORWARD IN UNITED STATES ENERGY POLICY
  Kristin Bluvas

  This Comment argues that the federal government should be promoting distributed generation to stabilize our current grid and allow more widespread use of renewable resources.

• General
  August 08, 2007 EDT
  DISTRIBUTED GENERATION: A STEP FORWARD IN UNITED STATES ENERGY POLICY
  Kristin Bluvas

  This Comment argues that the federal government should be promoting distributed generation to stabilize our current grid and allow more widespread use of renewable resources.

• 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.