All Articles tagged constitution

• State Constitutional Commentary
  December 24, 2024 EDT
  RECONCILING BRENNANIAN AND BRANDEISIAN LABORATORIES
  Gerald S. Dickinson

  This Essay explores state courts as rights expositors/ protectors and democratic agents/representatives and seeks to reconcile the tension, concluding they are in fact harmonious manifestations of Brennanian and Brandeisian ideals.

• 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.

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  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
  GOVERNMENT EMPLOYEES NEED NOT APPLY: WHY THE STATE SEPARATION OF POWERS DOCTRINE BARS LEGISLATIVE DUAL SERVICE
  Robert FellnerColleen McCarty

  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.

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• 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.

• State Constitutional Commentary
  January 12, 2023 EDT
  “FREE AND EQUAL”: JAMES WILSON’S ELECTIONS CLAUSE AND ITS IMPLICATIONS FOR FIGHTING PARTISAN GERRYMANDERING IN STATE COURTS
  Brett Graham

  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.

• 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.

• State Constitutional Commentary
  December 15, 2022 EDT
  SUPREME STATE COURTS: PROTECTING RIGHTS & LIBERTIES DESPITE THE SUPREME COURT
  Vincent M. BonventreTori L. DeyoMatthew T. Skinner

  This Article explores the constitutional foundation and tradition of judicial federalism: the ability of state high courts to reject the Supreme Court’s treatment of civil rights and liberties.

• State Constitutional Commentary
  November 20, 2022 EDT
  WHAT IS A “STATE”? THE INCONSISTENT CONSTITUTIONAL TREATMENT OF UNITED STATES TERRITORIES
  Anthony M. Ciolli

  Federal courts have taken an approach that bears resemblance to the Insular Cases--a territory is not a state when treating it as such would grant the territory greater rights.

• General
  October 30, 2022 EDT
  DISORDERED LAW: OBAMA TO TRUMP EXECUTIVE BRANCH ORDERS MANDATING NON-ENFORCEMENT OF INTERNATIONAL TREATIES
  Steven Ferrey

  This article dissects and contrasts critical unilateral exercise of executive actions starting during the Obama presidency; and how thereafter it was reversed and magnified in the Trump presidency.

• State Constitutional Commentary
  October 10, 2022 EDT
  The Unitary Executive Theory is Plainly Wrong and Anti-American: “Presidents are not Kings”
  Allen Shoenberger

  Meyers v. U.S. is a decision that is plainly inconsistent with the Constitutional plan under which Congress, not the President, is the supreme source of law and direction.

• General
  August 18, 2022 EDT
  Ultra Compelled: Abortion Providers’ Free Speech Rights After NIFLA
  Kimberley Harris

  Laws compelling speech from abortion providers should be subjected to at least intermediate scrutiny and thus fail as they are not substantially related to an important government interest.

• Justice Commentaries
  March 10, 2021 EDT
  EXECUTIVE REVISION OF MINIMUM SENTENCES
  Owen Wilder Keiter

  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.

• General
  December 31, 2020 EDT
  THE CONSTITUTIONAL STATUS OF SLAVERY: A LAWYER’S INTERPRETATION
  Edward L. Fiandach

  In this article, the author examines the origins of the political thought that eventually coalesced into the American Constitution.

• 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.

• General
  July 22, 2020 EDT
  SOURCES AND LIMITS FOR PRESIDENTIAL POWER: PERSPECTIVES OF ROBERT H. JACKSON
  Louis Fisher

  This article analyzes Jackson’s concurrence in Youngstown Co. v. Sawyer in the context of his other writings to better understand his position on presidential power.

• General
  January 17, 2020 EDT
  APPLYING THE FIRST AMENDMENT TO THE INTERNAL REVENUE CODE: MINNESOTA VOTERS ALLIANCE AND THE TAX LAW’S REGULATION OF NONPROFIT ORGANIZATIONS’ POLITICAL SPEECH
  Edward A. Zelinsky

  For purposes of applying Minnesota Voters Alliance to the Johnson Amendment, the applicable test should be the standard articulated by Chief Justice Roberts in FEC v. Wisconsin Right to Life.

• New York Appeals
  September 13, 2019 EDT
  EDITOR’S FOREWORD
  Vincent Martin Bonventre

  Foreword

• 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
  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.

• State Constitutional Commentary
  September 13, 2019 EDT
  HOW STATE COURTS CAN HELP AMERICA RECOVER THE RULE OF LAW: THE PENNSYLVANIA EXPERIENCE
  Bruce Ledewitz

  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
  A CONSTELLATION OF CONSTITUTIONS: DISCOVERING & EMBRACING STATE CONSTITUTIONS AS GUARDIANS OF CIVIL LIBERTIES
  Loretta H. RushMarie Forney Miller

  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
  RESULTS FROM THE LABORATORIES OF DEMOCRACY: EVALUATING THE SUBSTANTIVE OPEN COURTS CLAUSE AS FOUND IN STATE CONSTITUTIONS
  Patrick John McGinley

  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?

• Justice Commentaries
  May 28, 2019 EDT
  ACCUSED AND UNCONVICTED: FLEEING FROM WEALTH-BASED PRETRIAL DETENTION
  Cynthia E. Jones

  This article explores the constitutionality and necessity of the use of money bail in cases involving nonviolent indigent defendants charged with low-level offenses.

• State Constitutional Commentary
  October 12, 2018 EDT
  ALBANY LAW REVIEW SPRING 2018 SYMPOSIUM: RECONSIDERING THE RIGHT TO DIE: THE DEBATE OVER ASSISTED SUICIDE
  Albany Law Review

  Symposium transcript on assisted suicide.

• 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.

• State Constitutional Commentary
  October 12, 2018 EDT
  GIDEON GOES TO SCHOOL: AN ARGUMENT FOR A RIGHT TO APPOINTED COUNSEL IN SCHOOL DISCIPLINARY PROCEEDINGS
  Eric Weinhold

  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
  October 12, 2018 EDT
  AN INVESTIGATION INTO THE POTENTIAL IMPACT OF CARVE-OUTS FOR RANCHING AND FARMING PROTECTIONS THROUGH STATE CONSTITUTIONAL AMENDMENTS
  Michele H. Inman

  This note investigates the following question: Is it reasonable to create additional rights for ranchers and farmers through state constitutional amendments?

• State Constitutional Commentary
  October 12, 2018 EDT
  CORRECTED EXHIBIT B: AMICUS BRIEF OF DISABILITY RIGHTS
  Adam Prizio

  Amicus brief in support of "physician aid in dying'."