All Articles tagged dissent

• New York Appeals
  January 27, 2023 EDT
  SPLITS IN DECISION-MAKING: COMPARING THE LEADERSHIP STYLES OF CHIEF JUDGE KAYE AND CHIEF JUDGE LIPPMAN
  Deana DiBenedetto

  This Note analyzes the judicial leadership styles of Chief Judge Kaye and Chief Judge Lippman in further detail to determine the benefits and detriments that each leadership style yielded.

• State Constitutional Commentary
  September 13, 2019 EDT
  DISSENTS OF THE BERCH COURT: EMPIRICAL ANALYSIS OF UNANIMITY IN A STATE SUPREME COURT
  Kevin M. Morrow

  This article examines the possible role of ideology in the split decisions and the relative importance of the divided opinions.

• New York Appeals
  October 12, 2018 EDT
  JUDGE FAHEY: A JUDGE’S JUDGE USING HIS POSITION TO PROTECT THE VULNERABLE
  Daniel Siegel

  This article analyzes Judge Fahey's dissenting opinions during his time on the New York Court of Appeals.

• New York Appeals
  October 12, 2018 EDT
  JUDGE ROWAN D. WILSON: AN ADVOCATE ON THE COURT OF APPEALS
  Sarah A. Besson

  Although Judge Wilson brings commercial litigation experience to the bench, we can expect that his most significant contributions will likely be advocating for reform in the criminal justice system.

• New York Appeals
  October 12, 2018 EDT
  THE HON. PAUL G. FEINMAN: A NEW VOICE ON THE COURT OF APPEALS
  Dena M. DeFazio

  This paper reviews and evaluates Judge Feinman’s decisions and votes, drawing conclusions based on his opinions and voting patterns, where appropriate.

• New York Appeals
  October 12, 2018 EDT
  THE HONORABLE SHEILA ABDUS-SALAAM: TRAILBLAZER
  Erin E. Kilmer

  This paper focuses primarily on Judge Abdus-Salaam's dissenting and concurring opinions, although it does also highlight a few of her notable majority opinions.

• New York Appeals
  April 18, 2017 EDT
  A CASE STUDY ON COURT OF APPEALS FINALITY
  Michael Nolan

  This article follows the Tauber case as it wove its way through the appellate courts, illustrating the concept of finality by putting it into a practical perspective.

• General
  April 08, 2016 EDT
  #JOINTHEDISSENT: RUTH BADER GINSBURG AND THE HOBBY LOBBY EFFECT
  Lauren R. Eversley

  This note considers: the jurisprudence of Justice Ruth Bader Ginsburg, the role of the dissenting opinion, and the role of women’s autonomy in their own bodies.

• New York Appeals
  March 03, 2012 EDT
  DISSENTING AT NEW YORK‘S FEDERAL APPEALS COURT: AN EMPIRICAL STUDY OF SECOND CIRCUIT DISSENTS AND THE FREQUENT DISSENTER, JUDGE ROSEMARY POOLER
  Jessica N. Clemente

  This Article presents an empirical study of dissents at the Second Circuit Court of Appeals, with a focus on Judge Pooler, who dissented most in the time period studied.

• New York Appeals
  March 03, 2012 EDT
  INSTITUTIONAL CONSERVATISM AND ITS IMPACT ON APPELLATE DECISION-MAKING: AN EMPIRICAL STUDY OF THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
  Robert J. Brenner

  This Article examines the dissenting opinions of Judges sitting on the Second Circuit Court of Appeals from August 1, 2006 to October 1, 2011.

• New York Appeals
  March 03, 2012 EDT
  STAYING TRUE TO THE IDEALS OF FUNDAMENTAL FAIRNESS: AN EMPIRICAL STUDY OF THE DISSENTS OF JUDGE STRAUB
  Danielle L. Levine

  This Article presents an empirical study of the dissenting opinions of Judge Struab of the Second Circuit Court of Appeals.

• New York Appeals
  March 03, 2012 EDT
  DECISION-MAKING AT THE SECOND CIRCUIT: JUDGES BARRINGTON D. PARKER, JR. AND ROBERT D. SACK
  Christina L. Shifton

  Empirical examination of the voting patterns of two judges, Judge Barrington D. Parker, Jr. and Judge Robert D. Sack of the United States Court of Appeals for the Second Circuit.

• State Constitutional Commentary
  November 11, 2011 EDT
  CHIEF JUSTICE MARSHA TERNUS: AN INSIDE LOOK AT THE TENURE OF IOWA’S FORMER CHIEF JUSTICE
  Jessie R. Cardinale

  This paper examines Ternus’ voting trends during her time as Chief Justice of the Iowa Supreme Court, from September 2006 to December 2010.

• New York Appeals
  March 03, 2011 EDT
  DISSENTING: WHY DO IT?
  Robert S. Smith

  This essay outlines the reasons to dissent in a case.

• New York Appeals
  March 03, 2011 EDT
  DISSENT & VINDICATION IN THE DEPARTMENTS: AN EMPIRICAL STUDY
  Caitlain Devereaux Lewis

  Introduction to court studies.

• New York Appeals
  March 03, 2011 EDT
  QUALITY IN NUMBERS? THE DYNAMICS OF DECISION-MAKING IN THE SECOND DEPARTMENT
  Kristopher Ostrander

  This study examines the the divided decision of the New York State Appellate Division, Second Department, over the ten-year period beginning January 1, 2000 and ending October 1, 2010.

• New York Appeals
  March 03, 2011 EDT
  AN EMPIRICAL STUDY OF DISSENT AT THE SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT
  Christopher J. Stevens

  This study takes an empirical look at the divided opinions of the New York State Supreme Court, Appellate Division, Third Department, over the last ten years.

• New York Appeals
  March 03, 2011 EDT
  AN EMPIRICAL STUDY OF THE VINDICATED DISSENTS OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT, FROM 2000 TO 2010
  Daniel Gross

  This study presents an empirical point of view with respect to the voting behavior of the justices of the Fourth Department.

• New York Appeals
  May 05, 2010 EDT
  THE INDEPENDENT JURIST: AN ANALYSIS OF JUDGE ROBERT S. SMITH’S DISSENTING OPINIONS
  Peter A. Mancuso

  This study gives the reader an accurate representation of Judge Smith’s philosophy—through his dissenting opinions of course—on each area of law treated.

• New York Appeals
  May 05, 2010 EDT
  THE PERT PERPENDER: ASSOCIATE JUDGE EUGENE F. PIGOTT, JR.’S JOURNEY FROM BUFFALO TO ROCHESTER AND ALBANY
  Benjamin L. Loefke

  This article offers the reader insight to Court of Appeals of New York Associate Judge Eugene F. Pigott—not only as a judge, but also as a lawyer and person.

• New York Appeals
  May 05, 2010 EDT
  THEODORE T. JONES, THE DEFENDANT’S CHAMPION: REVIEWING A SAMPLE OF JUDGE JONES’S CRIMINAL JURISPRUDENCE
  Erika L. Winkler

  This article analyzes some of the majority and dissenting opinions penned by Jones in criminal and civil cases that have been opposed by another member of the Court.

• New York Appeals
  May 05, 2010 EDT
  TOWARD THE LIPPMAN COURT: FLUX AND TRANSITION AT NEW YORK’S COURT OF APPEALS
  Vincent Martin Bonventre

  This article considers the Court in the years immediately preceding Jonathan Lippman’s appointment in 2009 by analyzing a number of developments that distinguish the Lippman Court from its predecessor.

• New York Appeals
  May 05, 2010 EDT
  JUDGE CARMEN BEAUCHAMP CIPARICK: A GLIMPSE INTO THE SENIOR ASSOCIATE JUDGE’S JUDICIAL PHILOSOPHY THROUGH HER DISSENTS
  Jillian Kasow

  The purpose of this article is to provide a window into the judicial philosophy and principles that drive Ciparick’s jurisprudence on New York State’s highest bench.

• New York Appeals
  May 05, 2010 EDT
  JUDGE VICTORIA A. GRAFFEO: COMMITTED, CONSERVATIVE, COLLEGIAL
  Jeremy A. Cooney

  This article explores Judge Graffeo's judicial themes that have emerged in order to afford the reader a better understanding of who she is as a judge on the state’s highest...