All Articles tagged review
State Constitutional Commentary
August 28, 2023 EDT 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 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 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 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 of the treatise Business and Commercial Litigation in Federal Courts.
General
December 12, 2018 EDT 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 Tribute to Professor Hutter.
New York Appeals
October 12, 2018 EDT This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.
State Constitutional Commentary
October 12, 2018 EDT 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 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 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 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 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 Dedication to Dean Ouellette.
Justice Commentaries
August 03, 2015 EDT 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 Dedication to Dean Ouellette.
New York Appeals
February 13, 2015 EDT 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 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 This article argues that both the Dryden and Middlefield zoning laws are excessively broad.
New York Appeals
January 01, 2014 EDT 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 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 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 of Business and Commercial Litigation in Federal Courts.
Justice Commentaries
May 05, 2012 EDT 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 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 of the Third Edition of the treatise Commercial Litigation in New York State Courts.
New York Appeals
March 03, 2011 EDT 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 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 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 This Article examines the cases in which the Massachusetts Supreme Judicial Court has applied enhanced rational basis scrutiny.
General
January 01, 2006 EDT 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 This article traces the evolution of the NYS government from a legislatively dominated constitutional structure to a more executive dominated one.