Vol. 82, Issue 4, 2019

Vincent Martin Bonventre

Foreword

THE APPELLATE DIVISION’S ADJUDICATION OF CHALLENGES TO POLITICAL PARTY NOMINATIONS IN 2018, AND ITS MEANING FOR BALLOT ACCESS IN NEW YORK

Craig R. Bucki

Two 2018 appellate division decisions that rejected potential candidacies on technical grounds demonstrate that more remains to be done to achieve the promise of equitable ballot access in New York.

New York Appeals
SEA CHANGE: NEW YORK STATE CLASS ACTIONS: MAKING IT WORK, FULFILLING THE PROMISE: PART III
Thomas A. Dickerson
This is the third installment of the ongoing analysis of New York class actions brought pursuant to CPLR article 9.
New York Appeals
WHAT HAPPENS IN VEGAS STAYS IN VEGAS: ASSERTING A TORT CLAIM IN NEW YORK COURTS AGAINST A FOREIGN CORPORATION ARISING FROM A NEW YORKER’S OUT-OF-STATE ACCIDENT POST-DAIMLER
Michael J. HutterMark L. Powers
This article examines the opportunities for asserting personal jurisdiction in a New York court over a foreign corporation for a tort claim arising from a New Yorker’s out-of-state accident post-Daimler.
New York Appeals
HOME SWEET HOME: HOW NEW YORK COURTS HAVE DEALT WITH DAIMLER’S “AT HOME” REQUIREMENT FOR GENERAL JURISDICTION
Burton N. Lipshie
This article explores the issues in New York law that Daimler left open, and which, more than five years after it was decided, remain open, and, indeed, often confused.
New York Appeals
IMPEDIMENTS TO “ALBERT PUJOLS STATUS”: SOME DANGER ZONES AND SAFETY NETS IN NEW YORK APPELLATE PRACTICE
Edward J. Markarian
This article is a reminder that the rules have real consequences on the actual field of play and that there are numerous obstacles to overcome.

New York Appeals

GLOBAL REBRINGS THE LAW IN LINE WITH REINSURANCE INDUSTRY PRACTICE

Thomas R. Newman

The decisions in Global Reinsurance Corp. of America v. Century Indemnity Co. brought the current state of the law in line with generally accepted reinsurance industry practice.

New York Appeals

CHOICE OF WHAT? THE NEW YORK COURT OF APPEALS DEFINES THE PARAMETERS OF CHOICE-OF-LAW CLAUSES IN MULTIJURISDICTIONAL CASES

Patricia Youngblood Reyhan

This article examines the current state of NY’s status as a center for the litigation of multijurisdictional commercial disputes and the NY Court of Appeals’ recent jurisprudence regarding that status.

New York Appeals

PEOPLE V. MORRISON: SOME ANXIOUS OBSERVATIONS ON THE COURT OF APPEALS’ O’RAMA JURISPRUDENCE

Paul Shechtman

This article observes the background and legal grounds of People v. Morrison

New York Appeals
LET’S BE REASONABLE: WHY NEW YORK COURTS NEED TO EMBRACE THE FEDERAL STANDARD FOR ANALYZING POLICE-CIVILIAN ENCOUNTERS
Yuval Simchi-Levi
Under the Fourth Amendment, federal courts and many other state courts have determined that whether police officers acted lawfully hinges on whether the officers’ conduct was reasonable—plain and simple.
State Constitutional Commentary
HOW STATE COURTS CAN HELP AMERICA RECOVER THE RULE OF LAW: THE PENNSYLVANIA EXPERIENCE
Bruce Ledewitz
This article contrasts the U.S. Supreme Court value skepticism with reasoned values engagement by the Pennsylvania Supreme Court.
State Constitutional Commentary
A CONSTELLATION OF CONSTITUTIONS: DISCOVERING & EMBRACING STATE CONSTITUTIONS AS GUARDIANS OF CIVIL LIBERTIES
Loretta H. RushMarie Forney Miller
This article offers ways the bench, bar, and academy can embrace state constitutional law and appreciate the constellation of state constitutions that can shine as a result.
State Constitutional Commentary
MOVING FROM THE STATEHOUSES TO THE STATE COURTS? THE POST-RFRA FUTURE OF STATE RELIGIOUS FREEDOM PROTECTIONS
Paul BaumgardnerBrian K. Miller
Approaching religious freedom claims through the judicial branch can help states avoid the dangers of RFRA legislative fights, while ensuring that religious protections are balanced against competing rights claims.
State Constitutional Commentary
STATE COURTS, IMMIGRATION, AND POLITICS IN THE TRUMP ERA
Cynthia Boyer
This Article discusses the intersection between policy that regulates immigrant inflows and outflows; politics and its myths; and the judiciary at the state level in the Trump era.
State Constitutional Commentary
RESULTS FROM THE LABORATORIES OF DEMOCRACY: EVALUATING THE SUBSTANTIVE OPEN COURTS CLAUSE AS FOUND IN STATE CONSTITUTIONS
Patrick John McGinley
Is the Substantive Open Court Clause experiment a success? Have the laboratories of democracy shown that the Substantive Open Courts Clause is worthy of adoption on a national level?
State Constitutional Commentary
EVALUATING JUDICIAL STANDARDS OF CONDUCT IN THE CURRENT POLITICAL AND SOCIAL CLIMATE: THE NEED TO STRENGTHEN IMPROPRIETY STANDARDS AND REMOVAL REMEDIES TO INCLUDE PROCEDURAL JUSTICE AND COMMUNITY HARM
Joshua E. Kastenberg
This article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences.
State Constitutional Commentary
JUDGES BEHAVING BADLY . . . CLINICS FIGHTING BACK: THE STRUGGLE FOR SPECIAL IMMIGRANT JUVENILES IN STATE DEPENDENCY COURTS IN THE AGE OF TRUMP
Bernard P. Perlmutter
This article evaluates the changing state judicial trends in SIJS cases and explores broader themes about state courts in a time of polarized attitudes towards immigrants.

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