Vol. 78, Issue 1, 2015

CAN NEW YORK CITY GOVERN ITSELF? THE INCONGRUITY OF THE COURT OF APPEALS’ RECENT CASES REGARDING REGULATION OF NEW YORK CITY BY NEW YORK CITY

Roberta A. KaplanJacob H. Hupart

This article attempts to reconcile New York Court of Appeals cases concerning whether regulations limited to New York City were appropriate under the New York State Constitution.

New York Appeals

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
NOREX V. BLAVATNIK—HOW THE COURT OF APPEALS “BORROWED” FIRST AND“SAVED” LATER
Peter McGowanIsaac S. Greaney
This article will review the statutory text and case law related to CPLR section 202 and CPLR section 205(a) and analyze whether the Court of Appeals’ decision in Norex truly...
New York Appeals
REFORMING NEW YORK LABOR LAW SECTION 240(1)
William J. Greagan
Judicial interpretation is responsible for the expansion of liability for owners and general contractors and judicial reform is necessary and appropriate to correct the current imbalance.
New York Appeals
WHAT “TOUGH ON CRIME” LOOKS LIKE: HOW GEORGE PATAKI TRANSFORMED THE NEW YORK STATE COURT OF APPEALS
Benjamin Pomerance
This article considers Governor Pataki's appointments for the New York Court of Appeals and how the selections related to Pataki's vision of being tough on crime.
New York Appeals
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...

New York Appeals

THAT’S (NOT) WHAT SHE SAID: THE CASE FOR EXPANDING ADMISSION OF PRIOR INCONSISTENT STATEMENTS IN NEW YORK CRIMINAL TRIALS

Steven V. DeBraccio

The critical question in this article is the comparison of the New York and federal approaches to admitting prior inconsistent statements in criminal cases and ultimately, which is the approach...

New York Appeals

DEDICATION

Matthew BovaChristopher LacovaraJonathan Waisnor

Dedication to Judge Robert S. Smith.

New York Appeals

IN SUPPORT OF AN IMPLIED STATE CONSTITUTIONAL FREE SPEECH TORT IN PUBLIC EMPLOYMENT RETALIATION CASES

Howard L. Zwickel

This article argues that a meaningful state free speech constitutional tort, with enhanced state standards, could encourage more expressive activity by public employees.

New York Appeals
THE COURT OF APPEALS CRACKS OPEN THE SMALL DOOR TO MORE WHISTLEBLOWER CLAIMS UNDER THE NEW YORK LABOR LAW
Tricia Sherno
This article explains the development of private sector whistleblower protections in New York.

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