All Articles tagged review

• 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.

• New York Appeals
  September 14, 2022 EDT
  Declining Dispositions of the Court of Appeals
  Thomas R. NewmanJames Edward Pelzer

  Recounting the development and refinement of the jurisdiction of the Court and review of the comprehensive statistical record of its work, compiled in the Annual Reports of its Clerk.

• General
  September 02, 2022 EDT
  The Final Planning Program Final Rule “A Solution in Search of a Problem”
  Kristen A. Davis

  This Note examines Title X: Family Planning Program and explains the Final Rule. This Note argues that the Final Rule should be invalidated as it is arbitrary & capricious.

• Justice Commentaries
  September 27, 2020 EDT
  POSTCONVICTION INNOCENCE REVIEW IN THE AGE OF PROGRESSIVE PROSECUTION
  Elizabeth Webster

  This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.

• General
  February 28, 2019 EDT
  BOOK REVIEW: BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, FOURTH EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Randolph F. Treece

  Book review of the treatise Business and Commercial Litigation in Federal Courts.

• General
  December 12, 2018 EDT
  EFFECT OF THE REGULATORY ACCOUNTABILITY ACT OF 2017 ON INTER PARTES REVIEW: A LOOK AT TELEBRANDS CORP., V. TINNUS ENTERS., LLC
  Ashley E. Panek

  This article discusses a specific instance of an inconsistent ruling by the Patent Trial and Appeal Board in Telebrands Corp., v. Tinnus Enters., LLC.

• New York Appeals
  October 12, 2018 EDT
  EDITOR’S FOREWORD
  Vincent Martin Bonventre

  Tribute to Professor Hutter.

• 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
  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.

• Justice Commentaries
  November 08, 2017 EDT
  JUSTICE OR INJUSTICE: A HISTORY AND CRITIQUE OF THE NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
  Katie L. Birchenough

  Foreword to the seventh edition of Miscarriages of Justice which highlights the extreme disparate implications that choice of forum decisions can have on some of society’s most vulnerable populations.

• General
  June 11, 2017 EDT
  SEX-BASED CITIZENSHIP CLASSIFICATIONS AND THE “NEW RATIONALITY”
  Martha F. Davis

  This article will examine sex-based citizenship challenges, including Nguyen and Morales-Santana, through the lens of this new rational basis review.

• Justice Commentaries
  December 08, 2016 EDT
  ORWELL’S ELEPHANT AND THE ETIOLOGY OF WRONGFUL CONVICTIONS
  James M. Doyle

  This essay considers the question: is the challenge presented by wrongful convictions one best approached as protecting a safe system from amoral people or one of repairing a vulnerable system?

• Justice Commentaries
  August 03, 2015 EDT
  THE POTENTIAL IMPACTOF RAPE CULTURE ON JUROR DECISION MAKING: IMPLICATIONS FOR WRONGFUL ACQUITTALS IN SEXUAL ASSAULT TRIALS
  Meagen M. HildebrandCynthia J. Najdowski

  This article discusses the concept of rape culture and explains the psychological process by which rape culture might influence juror decision making in sexual assault trials.

• Justice Commentaries
  August 03, 2015 EDT
  DEAN ALICIA OUELLETTE: SCHOLAR, MENTOR, LEADER
  Rosemary Queenan

  Dedication to Dean Ouellette.

• Justice Commentaries
  August 03, 2015 EDT
  THE POTENTIAL IMPACTOF RAPE CULTURE ON JUROR DECISION MAKING: IMPLICATIONS FOR WRONGFUL ACQUITTALS IN SEXUAL ASSAULT TRIALS
  Meagen M. HildebrandCynthia J. Najdowski

  This article discusses the concept of rape culture and explains the psychological process by which rape culture might influence juror decision making in sexual assault trials.

• Justice Commentaries
  August 03, 2015 EDT
  DEAN ALICIA OUELLETTE: SCHOLAR, MENTOR, LEADER
  Rosemary Queenan

  Dedication to Dean Ouellette.

• New York Appeals
  February 13, 2015 EDT
  THE PRESERVATION RULE IN THE NEW YORK COURT OF APPEALS: HOW RECENT DECISIONS AND CHARACTERIZATIONS OFTHE RULE INFORM ADVOCACY
  Richard J. MontesDavid A. Beatty

  This article explores disagreements on preservation, revealing a complex push and pull among adherence to doctrine; limits on authority; and principles of justice, equity, and pragmatism.

• New York Appeals
  February 13, 2015 EDT
  PARTING SHOTS
  Robert S. Smith

  In this article, a former New York Court of Appeals judge utters a few dying imprecations against three of his unfavorite cases, in the hope that they will not prove...

• General
  May 13, 2014 EDT
  GAS TRANSMISSION FACILITIES: THE LIMITS ON HOME RULE
  Konstantin Podolny

  This article argues that both the Dryden and Middlefield zoning laws are excessively broad.

• New York Appeals
  January 01, 2014 EDT
  CPLR ARTICLE 78 PROCEEDINGS AND INTERLOCUTORY APPEALS DURING AN ARTICLE 78 PROCEEDING
  Joseph F. Castiglione

  This article discusses the nature and purpose of the CPLR Article 78 special proceeding, and the limited circumstances for appealing interlocutory orders made in an Article 78 proceeding.

• 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.

• New York Appeals
  March 03, 2013 EDT
  THE CONTEXTUAL REZONING OF SUNSET PARK, BROOKLYN, AND THE DECISION IN CHINESE STAFF & WORKERS’ ASSSOCIATION V. BURDEN: THE BASIC PRINCIPLES GOVERNING LIMITED JUDICIAL REVIEW OF ENVIRONMENTAL CHALLENGES IN NEW YORK ENDURE
  Elizabeth S. Natrella

  This article examines two New York State Court of Appeals cases: Chinese Staff & Workers Association v. City of New York and Chinese Staff & Workers’ Association v. Burden.

• General
  January 01, 2013 EDT
  BOOK REVIEW: BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, THIRD EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Randolph F. Treece

  Book review of Business and Commercial Litigation in Federal Courts.

• Justice Commentaries
  May 05, 2012 EDT
  CIVIL DISOBEDIENCE IN THE SUPREME COURT: RETROACTIVITY AND THE COMPROMISE BETWEEN FORMAL AND SUBSTANTIVE JUSTICE
  Nicholas Faso

  This article demonstrates that the Supreme Court subordinates the role of formal justice to achieve the substantive goal of punishing wrongdoers.

• New York Appeals
  March 03, 2012 EDT
  LIGHTING THE WAY: THE LIGHTHOUSE DECISION AND JUDICIAL REVIEW OF AGENCY ACTION
  Daniel Riesel

  The Court of Appeals decision Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation marked a limit on judicial deference to agency action.

• General
  January 01, 2012 EDT
  BOOK REVIEW: COMMERCIAL LITIGATION IN NEW YORK STATE COURTS, THIRD EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Richard Platkin

  Book review of the Third Edition of the treatise Commercial Litigation in New York State Courts.

• New York Appeals
  March 03, 2011 EDT
  A PREVAILING PARTY CAN STILL BE A “SORE” WINNER ON APPEAL UNDER CPLR 5501(A)(1); RAISING ALTERNATIVE ARGUMENTS THAT NECESSARILY AFFECT THE FINAL JUDGEMENT TO ENSURE WINNING ON APPEAL
  Joseph F. Castiglione

  This article discusses the necessary "aggrievement" to be entitled to raise issues on appeal and the circumstances in which a prevailing party can assert errors that "necessarily affect" the judgment.

• State Constitutional Commentary
  August 08, 2010 EDT
  STATE SUPREME COURTS, STATE CONSTITUTIONS AND CIVIL LITIGATION
  Paul BraceBrent D. Boyea

  This study argues that state constitutional content—the basic rules of the game—influences the business of state supreme courts when it comes to civil appeals.

• General
  May 08, 2009 EDT
  THE LAW REVIEW ARTICLE SELECTION PROCESS: RESULTS FROM A NATIONAL STUDY
  Jason P. NanceDylan J. Steinberg

  This article chronicles a survey that was sent to 400 student-edited law reviews asking questions designed to peel back the curtain that has shrouded the article selection process.

• General
  January 01, 2006 EDT
  ORDINARY AND ENHANCED RATIONAL BASIS REVIEW IN THE MASSACHUSETTS SUPREME JUDICIAL COURT: A PRELIMINARY INVESTIGATION
  Lawrence Friedman

  This Article examines the cases in which the Massachusetts Supreme Judicial Court has applied enhanced rational basis scrutiny.

• General
  January 01, 2006 EDT
  UNWISE AND UNNECESSARY: STATUTORY CAPS ON NON-ECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES AND THE APPELLATE REVIEW ALTERNATIVE
  Ryan T. Emery

  This study concludes that after comparing the process of appellate review to a statutory cap, the former is the superior method for addressing the issue of excessive non-economic damage awards.

• General
  January 01, 2005 EDT
  THE GOVERNOR FROM FIGUREHEAD TO PRIME MINISTER: A HISTORICAL STUDY OF THE NEW YORK STATE CONSTITUTION AND THE SHIFT OF BASIC POWER TO THE CHIEF EXECUTIVE
  John T. Buckley

  This article traces the evolution of the NYS government from a legislatively dominated constitutional structure to a more executive dominated one.