All Articles tagged State Constitution
State Constitutional Commentary
August 28, 2023 EDT This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.
State Constitutional Commentary
June 19, 2023 EDT This Article concludes that for the many state constitutions with separation of powers clauses the best construction is one that prohibits all forms of legislative dual service.
State Constitutional Commentary
January 12, 2023 EDT This Article aims to dive into the "free and equal" elections clause, with particular focus on its authorship and potential uses in the future over the battle of partisan gerrymandering.
Justice Commentaries
March 10, 2021 EDT This article discusses the separation-of-powers implications of letting the parole board base its decision about release on its view of the punishment necessary for the potential parolee’s crime of conviction.
New York Appeals
September 13, 2019 EDT Foreword
State Constitutional Commentary
September 13, 2019 EDT This article contrasts the U.S. Supreme Court value skepticism with reasoned values engagement by the Pennsylvania Supreme Court.
State Constitutional Commentary
September 13, 2019 EDT This article offers ways the bench, bar, and academy can embrace state constitutional law and appreciate the constellation of state constitutions that can shine as a result.
State Constitutional Commentary
September 13, 2019 EDT Is the Substantive Open Court Clause experiment a success? Have the laboratories of democracy shown that the Substantive Open Courts Clause is worthy of adoption on a national level?
State Constitutional Commentary
October 12, 2018 EDT Symposium transcript on assisted suicide.
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 13, 2017 EDT Foreword
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.
New York Appeals
May 05, 2017 EDT Foreword.
State Constitutional Commentary
December 02, 2015 EDT Introduction to symposium.
State Constitutional Commentary
December 02, 2015 EDT This article explores how lawyers have contributed to the development of state constitutional rights law in the search and seizure context.
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.
State Constitutional Commentary
December 02, 2015 EDT Foreword.
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.
State Constitutional Commentary
January 05, 2015 EDT Foreword.
State Constitutional Commentary
January 05, 2015 EDT Symposium transcript.
State Constitutional Commentary
January 05, 2015 EDT This article discusses some of the cases that apply state constitutionalism to protect individual liberties.
State Constitutional Commentary
January 05, 2015 EDT This article argues that unbending adherence to stare decisis in state constitutional decision-making is unwise and untenable.
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.
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.
State Constitutional Commentary
September 23, 2013 EDT Foreword.
State Constitutional Commentary
September 23, 2013 EDT Symposium transcript.
State Constitutional Commentary
September 23, 2013 EDT This essay examines two approaches to constitutional adjudication: one approach has been described as a “balancing” approach and the other approach may be called a “categorical” approach.
State Constitutional Commentary
September 23, 2013 EDT This article examines state-level contests over the definition of rights.
State Constitutional Commentary
September 23, 2013 EDT This article is an analysis of rights-related constitutional amendments for the period from 2000 to 2012.
New York Appeals
March 03, 2012 EDT This article considers constitutional change in New York through the lens of a gambling prohibition.