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.
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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 CommentaryThis 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 CommentaryMeyers 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 CommentaryOur 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 AppealsThis 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.
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.
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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.
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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.