Vol. 85, Issue 4, 2022 | Published by Albany Law Review

SUPREME STATE COURTS: PROTECTING RIGHTS & LIBERTIES DESPITE THE SUPREME COURT

Vincent M. BonventreTori L. DeyoMatthew T. Skinner

This Article explores the constitutional foundation and tradition of judicial federalism: the ability of state high courts to reject the Supreme Court’s treatment of civil rights and liberties.

State Constitutional Commentary

WHAT IS A “STATE”? THE INCONSISTENT CONSTITUTIONAL TREATMENT OF UNITED STATES TERRITORIES

Anthony M. Ciolli

Federal courts have taken an approach that bears resemblance to the Insular Cases--a territory is not a state when treating it as such would grant the territory greater rights.

State Constitutional Commentary
“FREE AND EQUAL”: JAMES WILSON’S ELECTIONS CLAUSE AND ITS IMPLICATIONS FOR FIGHTING PARTISAN GERRYMANDERING IN STATE COURTS
Brett Graham
This Article aims to dive into the "free and equal" elections clause, with particular focus on its authorship and potential uses in the future over the battle of partisan gerrymandering.
State Constitutional Commentary
The Unitary Executive Theory is Plainly Wrong and Anti-American: “Presidents are not Kings”
Allen Shoenberger
Meyers v. U.S. is a decision that is plainly inconsistent with the Constitutional plan under which Congress, not the President, is the supreme source of law and direction.
State Constitutional Commentary
Constitutional Crowding and Article II
Amit Vora
Our bare-bones Article II, combined with the oath, enables presidents with baseline level of decency to “crowd in” motivations of public-spiritedness thereby satisfying their fiduciary obligations without abusing the office.
New York Appeals
Drunk Driving and the Application of the Barker/Manning Public Policy Defense
Steven V DeBraccio
This Article explores the history of the defense, case developments, a brief history of drunk driving laws, a case study and hypothetical the Court of Appeals has yet to answer.

New York Appeals

HE WHO REPRESENTS HIMSELF HAS A FOOL FOR A CLIENT: THE RIGHT TO COUNSEL AND THE RIGHT TO SELF-REPRESENTATION IN NEW YORK

Colleen D. DuffyMelany Gray

This Article reviews the current state of the law in New York as to what constitutes a valid waiver of a defendant’s right to counsel at trial.

New York Appeals

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.

New York Appeals

Are Women Getting An Equal Chance to Argue at the New York Court of Appeals? Ten Years of Argument Data Paint a Troubling Picture

Robert S. Rosborough IV

This article explores the representation of women as advocates before the NY Court of Appeals and their ability to influence the views of the judges who shape New York law.

Vol. 85, Issue 4, 2022 New York Appeals & State Constitutional Commentary

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Vol. 85, Issue 4, 2022
New York Appeals & State Constitutional Commentary