Vol. 79, Issue 4, 2017

New York Appeals

JUDITH SMITH KAYE: A CHIEF JUDGE FOR THE AGES

Henry M. Greenberg

Tribute to Judge Kaye.

New York Appeals

EDITOR’S FOREWORD

Vincent Martin Bonventre

Foreword.

State Constitutional Commentary
THE DE BOUR/MCINTOSH LESSON ON THE IMPORTANCE OF STATE COMMON LAW
Victoria A. GraffeoNicholas C. Roberts
State courts can interpret state common law and state constitutional provisions to extend civil rights protections that rise above the minimum floor established by the federal Constitution.
New York Appeals
NEW YORK DISCOVERY REFORM PROPOSALS: A CRITICAL ASSESSMENT
Vincent Stark
This paper examines proponents’ claims for discovery reform with a critical eye, and concludes that their proposed reforms would not achieve their ends.
New York Appeals
A CASE STUDY ON COURT OF APPEALS FINALITY
Michael Nolan
This article follows the Tauber case as it wove its way through the appellate courts, illustrating the concept of finality by putting it into a practical perspective.
New York Appeals
UNIVERSAL BACKGROUND CHECKING—NEW YORK’S SAFE ACT
James B. JacobsZoe A. Fuhr
This article focuses on the SAFE Act’s requirement that all sellers, indeed all transferors, of firearms and ammunition initiate purchaser (transferee) background checks.

New York Appeals

GENDER, VICTIMIZATION, AND EVOLVING STATE STANDARDS: A STUDY OF NEW YORK AND MICHIGAN SEXUAL ASSAULT LEGISLATION

Ann Johnson

This article puts forth the argument that a broader definition of rape is more appropriate than a narrow one.

New York Appeals

PATERNO V. LASER SPINE INSTITUTE: DID THE NEW YORK COURT OF APPEALS’ MISAPPLICATION OF UNJUSTIFIED POLICY FEARS LEAD TO A MISCARRIAGE OF JUSTICE AND THE CREATION OF INADEQUATE PRECEDENT FOR THE PROPER USE OF THE EMPIRE STATE’S LONG-ARM STATUTE?

Jay C. CarlisleChristine MurphyKiersten SchramekMarley Strauss

This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute.

New York Appeals

Di Ma

This article concludes that although emerging technologies are attractive to regulators, the proposed benefits are not outweighed by the costs to the casino companies.

New York Appeals
NURSING HOME ABUSE OF AGENTS: CREDITOR MISUSE OF NEW YORK’S REVISED DURABLE POWER OF ATTORNEY
William P. Davies
This paper discusses the history of the DPOA on a national scale, its application in New York, and the measures taken by New York to ensure agents do not abuse...
State Constitutional Commentary
COUEY V. ATKINS: A REEVALUATION OF STATE JUSTICIABILITY DOCTRINE
Jack L. Landau
Constitutional conceptions of standing and mootness are constructs of the twentieth century which state courts are not required to follow as a matter of state constitutional law.
State Constitutional Commentary
GONE WITH THE WIND: STATE PREEMPTIVE POWER
Steven Ferrey
This article analyzes how the federalist United States system of law, melded with state constitutional law, regulates and controls the siting of new renewable energy resources.
New York Appeals
A LESSON FROM THE NEW YORK TEACHER TENURE CHALLENGE: DISTINGUISHING LEGISLATIVE ACTION FROM INACTION WITHIN POSITIVE RIGHTS ANALYSIS
Cadesby B. Cooper
This article analyzes the constitutional issues that the Davids court will face in deciding the reach of the Education Clause and briefly notes the evidentiary obstacles to the plaintiffs’ claim.
New York Appeals
WHAT EVERY JUDGE SHOULD KNOW ABOUT THE APPEARANCE OF IMPARTIALITY
Leslie W. Abramson
This article explores the “appearance of partiality” principle.
State Constitutional Commentary
WHERE SCIENCE CONFLICTS WITH COMMON SENSE: EYEWITNESS IDENTIFICATION REFORM IN MASSACHUSETTS
Ralph D. GantsErik N. Doughty
This essay follows eyewitness identification reform in Massachusetts.

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