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.
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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 AppealsThis 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 AppealsJudicial 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 AppealsThis 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 AppealsIn 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...
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...
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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 AppealsThis article explains the development of private sector whistleblower protections in New York.