Vol. 77, Issue 4, 2015

State Constitutional Commentary

EDITOR’S FOREWORD

Vincent Martin Bonventre

Foreword.

State Constitutional Commentary

DEDICATION

Robert McIver

Dedication to Judge Graffeo.

State Constitutional Commentary
CHIEF JUDGE LAWRENCEH. COOKE EIGHTH ANNUAL STATE CONSTITUTIONAL COMMENTARY SYMPOSIUM: EXCEEDING FEDERAL STANDARDS
Albany Law Review
Symposium transcript.
State Constitutional Commentary
JUDICIAL INDEPENDENCE: IS IT PRESERVED OR IMPAIRED BY THE ELECTION OF JUDGES?
Carmen Beauchamp Ciparick
Judge Ciparick's lecture.
State Constitutional Commentary
NEW YORK STATE CONSTITUTIONAL LAW—TODAY UNQUESTIONABLY ACCEPTED AND APPLIED AS A VITAL AND ESSENTIAL PART OF NEW YORK JURISPRUDENCE
Stewart F. Hancock Jr.
This article discusses some of the cases that apply state constitutionalism to protect individual liberties.
State Constitutional Commentary
DO PRECEDENTS TAKE PRECEDENCE? STARE DECISISAND OREGON CONSTITUTIONALISM
Jack L. Landau
This article argues that unbending adherence to stare decisis in state constitutional decision-making is unwise and untenable.

State Constitutional Commentary

REALIGNING THE CONSTITUTIONAL PENDULUM

Myron T. SteelePeter I. Tsoflias

This article argues that federal courts, through their broad interpretation of the federal Constitution, have deleteriously altered the power equilibrium.

State Constitutional Commentary

CONSTITUTIONAL “STUFF”: HOUSE CLEANING THE NEW YORK CONSTITUTION—PART I

Peter J. GalieChristopher Bopst

This article focuses upon the provisions of each section of the New York State Constitution that can be removed, modified or relocated within the document.

State Constitutional Commentary

AVOIDING THE APPEARANCE OF IMPROPRIETY: MISSOURI AND KANSAS SUPREME COURT DECISIONS ON THE CONSTITUTIONALITY OF CAPS ON NONECONOMIC DAMAGES DEMONSTRATE THE NEED FOR OBJECTIVE PROCEDURES IN THE SELECTION OF SPECIAL JUDGES

Stephen R. Clark

This article calls for the institution of objective procedures for temporary judicial appointments.

State Constitutional Commentary
BALANCING THE SIXTH AMENDMENT ON THE SCALES OF JUSTICE: IS THE LAWYER OR THE CLIENT IN CONTROL OF THE PROCEEDINGS?
Caroline Johnson Levine
This article considers what rights a defendant may lose by choosing to retain lefal counsel.
State Constitutional Commentary
STOPS, FRISKS, AND POLICE ENCOUNTERS: THE NEW YORK COURT OF APPEALS’S STRICT APPLICATION OF THE DE BOUR STANDARD
Andrea A. Long
This high court study follows the New York State Court of Appeals's application of the De Bour standard in search and seizure cases.
State Constitutional Commentary
CRITIQUE OF MONEY JUDGMENT PART THREE: RESTRAINING NOTICES
David Gray Carlson
This article concludes that Verizon exposes serious weaknesses in the New York law of money judgment collection.
State Constitutional Commentary
“OUR CONSTITUTION, OUR PRECEDENTS, AND [OUR] OWN BEST HUMAN JUDGMENTS:” A SURVEY OF FREE EXERCISE STATE CONSTITUTIONAL INTERPRETATION IN THE WAKE OF OREGON V. SMITH.
Robert McIver
It is the purpose of this article to articulate the state of state constitutional protections for free exercise of religion after Oregon v. Smith.

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