All Articles tagged legislature

• New York Appeals
  November 26, 2024 EDT
  A SPECIAL CONUNDRUM: WHY SPECIAL MASTERS ARE THE APPROPRIATE REMEDY FOR ILL-APPORTIONED MAPS
  Cameron Bishop

  Springboarding off of recent redistricting in New York, this student Comment explains why special masters are the appropriate remedy for ill-apportioned redistricting maps drawn by state legislatures to avoid litigation.

• 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.

• State Constitutional Commentary
  March 10, 2021 EDT
  UP BY THEIR OWN BOOTSTRAPS: WILL A NEW SUPREME COURT LET LEGISLATURES BYPASS GOVERNORS OVER REDISTRICTING?
  Richard F. Ober Jr.Samuel S.-H. WangAaron Barden

  In this article, the authors review attempts to treat redistricting as a process not requiring the signature of the governor and cases involving past attempts to exclude opposing parties.

• New York Appeals
  September 13, 2019 EDT
  THE APPELLATE DIVISION’S ADJUDICATION OF CHALLENGES TO POLITICAL PARTY NOMINATIONS IN 2018, AND ITS MEANING FOR BALLOT ACCESS IN NEW YORK
  Craig R. Bucki

  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
  January 01, 2014 EDT
  NEW YORK CITY TAXIS AND THE NEW YORK STATE LEGISLATURE: WHAT IS LEFT OF THE STATE CONSTITUTION‘S HOME RULE CLAUSE AFTER THE COURT OF APPEALS DECISION IN THE HAIL ACT CASE?
  Roberta A. Kaplan

  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
  ARE THE APPELLATE COURTS DEVIATING FROM THE “DEVIATES MATERIALLY” STANDARD OF REVIEW?
  Richard J. MontesDavid A. Beatty

  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.