All Articles tagged public policy

• 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.

• 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.

• 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
  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
  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.