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Journal articles on the topic 'Law, new york (state)'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

PAGE, BENJAMIN W., RICHARD THAILER, and THOMAS G. KWIATKOWSKI. "New York State Mandatory Seatbelt Use Law." Journal of Trauma: Injury, Infection, and Critical Care 26, no. 11 (November 1986): 1031–33. http://dx.doi.org/10.1097/00005373-198611000-00012.

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2

Lazariu, Victoria, Monica M. Parker, Shu-Yin J. Leung, Matthew McVoy, Susan Gieryic, Kirsten A. Rowe, Christina Ortega-Peluso, Bridget J. Anderson, Louise-Anne McNutt, and Lou C. Smith. "New York State 2010 HIV Testing Law." JAIDS Journal of Acquired Immune Deficiency Syndromes 68 (January 2015): S10—S14. http://dx.doi.org/10.1097/qai.0000000000000391.

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3

Carrigan, Mary Jo. "The New York State Health Care Proxy Law." Nurse Practitioner 20, no. 5 (May 1995): 14,16. http://dx.doi.org/10.1097/00006205-199505000-00005.

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4

EICHENTHAL, DAVID R., and LAUREL BLATCHFORD. "Prison Crime in New York State." Prison Journal 77, no. 4 (December 1997): 456–66. http://dx.doi.org/10.1177/0032855597077004005.

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The lack of attention devoted to crimes committed in prisons is striking given the important implications of the problem both for prison management and for public safety. This study examines reporting of crimes, referrals for prosecution and actual prosecution of crimes committed in New York State prisons. The authors find that there is no accurate means of tracking either prison crimes or prosecutions. But based on interviews, a review of state correctional department data, and a survey of prosecutors in more than one dozen counties where state prisons are located, they conclude that as many as 6,000 crimes may be committed annually in the New York State prison system. Yet few of these crimes are referred for prosecution or actually prosecuted.

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5

Sanders, Kathleen. "Proxy Law in New York State and Victoria, Australia." Social Work in Health Care 18, no. 3-4 (October 5, 1993): 67–77. http://dx.doi.org/10.1300/j010v18n03_06.

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6

Drahozal, Christopher. "The New York Convention and the American Federal System." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (June 1, 2019): 37–54. http://dx.doi.org/10.52028/rbadr.v1i1.2.

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Virtually all American states have statutes that make arbitration agreements and awards enforceable and that set out procedures for their enforcement in state courts. A number of states, including California, Texas, and Florida, have enacted international arbitration statutes to supplement their domestic arbitration laws.2 But this extensive body of state arbitration law has had only a “marginal impact” on American arbitration practice – particularly international arbitration practice because the Federal Arbitration Act (FAA) preempts conflicting state arbitration laws, even in state court. Although we know that the FAA preempts state law, the scope of that preemptive effect is not clear. Indeed, a pair of United States Supreme Court cases have suggested a possible broader role for state law in arbitration matters. In Hall Street Associates, LLC v. Mattel Inc., the Court indicated in dicta that parties might be able to contract for expanded review under state law although the FAA does not permit them to do so.5 And in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Court suggested that the arbitrators might not have exceeded their powers in construing an arbitration clause to permit class arbitration if they had relied on a state default rule permitting class arbitration. Whether state law can play a broader role in international arbitration matters in the United States depends on the extent to which the New York Convention and Chapter Two of the FAA (which implements the Convention) preempt state arbitration law. This article undertakes a preliminary analysis of that broad topic by examining several legal questions central to determining the preemptive effect of the New York Convention: (1) What effect, if any, does the federal-state clause (Article XI) have on U.S. obligations under the Convention? (2) To what extent does Chapter Two of the FAA apply in state court? and (3) Is the New York Convention self-executing? Part II briefly sets out background information on the New York Convention and its implementation in the U.S. Part III describes three models of how an arbitration convention might be implemented: the “exclusive spheres” model, the “federal preemption” model, and the “access” model. Part IV analyzes the legal questions identified above and considers their implications for the models. Part V discusses the extent to which parties can contract out of the FAA and into state arbitration law. Finally, Part VI identifies some possible implications of this analysis and concludes.

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7

Lippman, Jonathan. "State Courts: Enabling Access." Daedalus 143, no. 3 (July 2014): 28–36. http://dx.doi.org/10.1162/daed_a_00285.

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In New York, millions of civil litigants each year fight for the necessities of life without the aid of a lawyer because they are unable to afford one. While the state courts strive to provide access to justice for all constituents, this ideal becomes a promise unfulfilled due to the lack of available civil legal services for low-income populations. In this essay, I discuss access to justice in the state courts from the perspective of my role as Chief Judge of the State of New York. I examine the enormity of the unmet need in New York and around the country and discuss the measures I have taken as head of the New York State court system to address the crisis. These efforts have resulted in a substantial increase in state funding for civil legal services, the establishment of the Task Force to Expand Access to Civil Legal Services in New York, annual hearings in each of New York's four Judicial Departments, and the development of programs designed to spur the legal community (including law students) to greater involvement in pro bono work.

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8

Diaz-Barrios, Vivien. "New York's Experience." Pediatrics 83, no. 5 (May 1, 1989): 872–75. http://dx.doi.org/10.1542/peds.83.5.872.

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In 1964, the New York State Public Health Law, §2500a, set the stage for mandatory newborn screening. By 1978, testing was already under way when the last of the total of eight diseases was added. Screening for homozygous sickle cell disease was included in 1975. Specimens submitted from 1975 to 1984 totaled nearly 2.5 million, and these specimens were sent to four different laboratories in New York state. New York City, with the largest population of newborns, sent the largest proportion of specimens (1.1 million). Although testing was occurring, it was not until 1979 that citywide follow-up was established. Follow-up efforts were coordinated through the New York City Department of Health in cooperation with 52 hospitals. Of these hospitals, 25 received New York state funding for the provision of genetic services, which included testing and counseling for parents of children whose test results were positive for trait or disease. A cooperative effort was set up between the New York City Department of Health and health providers, who agreed to provide follow-up for newborns with all hemoglobinopathies at their respective hospitals. In cases of sickle cell disease, efforts were made to obtain second specimens from affected infants. In cases in which this was difficult, New York City Department of Health aids visited the home and obtained the specimen, counseled the parents, and arranged for further follow-up. Other cooperative efforts occurred when various genetic or sickle cell centers came together and organized committees. Two major committees, the Sickle Cell Advisory Committee, and its executive arm, the Implementation Committee, in which all providers of genetic services throughout the state are represented, met to discuss statewide problems, to identify needs, and to formulate policy.

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9

Harrington, Alexandra R. "Article 1 of the CRC and New York State Law." CUNY Law Review 12, no. 2 (July 1, 2009): 461. http://dx.doi.org/10.31641/clr120211.

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10

Birkhead, Guthrie S., Daniel A. OʼConnell, Shu-Yin J. Leung, and Lou C. Smith. "Evaluating the New York State 2010 HIV Testing Law Amendments." JAIDS Journal of Acquired Immune Deficiency Syndromes 68 (January 2015): S1—S4. http://dx.doi.org/10.1097/qai.0000000000000420.

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11

Smith, Robert Courtney, Andrés Besserer Rayas, Daisy Flores, Angelo Cabrera, Guillermo Yrizar Barbosa, Karina Weinstein, Maria Xique, Michelle Bialeck, and Eduardo Torres. "Disrupting the Traffic Stop–to-Deportation Pipeline: The New York State Greenlight Law’s Intent and Implementation." Journal on Migration and Human Security 9, no. 2 (June 2021): 94–110. http://dx.doi.org/10.1177/23315024211013752.

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This article analyzes the traffic stop–to-deportation pipeline in New York State, how it harms children of immigrants, and how New York’s Greenlight Law seeks to disrupt it but has been hobbled by an implementation gap. It first establishes the phenomenon of the traffic stop–to-deportation pipeline by documenting how traffic stops are a key cause of deportations in New York State. Second, it analyzes how the pipeline harms (mostly US citizen) children of undocumented immigrants in New York State, who are more than 7 percent (more than 300,000) of New York State’s children. The pipeline makes these children fear and mistrust the police; harms their educational, social, and brain development; and consumes family income with the Mexican driver tax (costs incurred because parents could not get a driver’s license). Third, the article analyzes how the Greenlight Law should help remedy these harms, and how an implementation gap leaves many parents and children vulnerable to the pipeline. The implementation gap is partly due to the pandemic, but also driven by political and other factors that could be addressed by policy. Finally, the article analyzes how variation in implementing the Greenlight Law could leave the pipeline undisrupted and lead to unequal protection of the law by place in New York State. The article makes policy recommendations for stronger enactment to reduce the pipeline’s harms.

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12

Fellas, John. "How U.S. Courts Can Assist You with Your Arbitration Proceeding in Brazil." Revista Brasileira de Arbitragem 6, Issue 24 (December 1, 2009): 65–76. http://dx.doi.org/10.54648/rba2009066.

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ABSTRACT: The article discusses three US statutes that enable parties to arbitration proceedings sited outside of the US to seek the assistance of US courts in aid of those proceedings. The first relates to the taking of evidence located in the US for use in an international arbitration proceeding (US federal statute - 28 U.S.C. § 1782). The second relates to provisional remedies for pre-award attachment or enjoining of the transfer of assets located in New York that might be used to satisfy an ultimate award, in aid of an arbitration in another country (New York state law - section 7502(c) of the New York Civil Practice Law and Rules). The third relates to the post-award location and attachment of assets to satisfy an actual award (New York State law - section 5225(b) of the New York Civil Practice Law and Rules). US courts can assist not only with the conduct of the arbitration proceedings themselves, but also with the preservation and maximization of assets available for the enforcement of any ultimate award.

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13

Milivojevic, Sanja. "Mandatory Arrest Law in domestic violence cases and its implementation in New York City." Temida 5, no. 3 (2002): 27–40. http://dx.doi.org/10.2298/tem0203027m.

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This paper contains the analysis of the Mandatory Arrest Law in domestic violence cases in New York State. Introduction includes the subject and main goals of the paper. Second chapter starts with historical development of the police response in domestic violence cases in New York before and after the Mandatory Arrest Law is passed, than analysis of the Law, and ends with one of the programs which Safe Horizon, Victim Service organization, developed in New York City. Third chapter gives the analysis of pro et contra arguments for mandatory arrest provision and results of surveys and studies, which were conducted in United States. In fourth chapter we present the analysis of the research conducted in two police precincts in New York City this year. Paper also contains the list of main problems in implementation of this Law in New York City.

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14

Canady, Valerie A. "New York has new laws combatting addictive social media feeds." Mental Health Weekly 34, no. 26 (July 2024): 5–6. http://dx.doi.org/10.1002/mhw.34101.

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“Nation‐leading” legislation to combat addictive social media feeds and protect kids online was signed into law on June 20 by New York Gov. Kathy Hochul, making the state the first in the nation to establish these types of protections to safeguard children on social media, especially given the youth mental health crisis.

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15

Feldman, Daniel L. "Principled compromise: The New York state organized crime control act." Criminal Justice Ethics 6, no. 1 (January 1987): 50–60. http://dx.doi.org/10.1080/0731129x.1987.9991808.

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16

Schauer, Edward J. "Book Review: Adams, H. (2008). Justice for Children: Autonomy Development and the State. New York: State University of New York Press. x, 254 pp." Criminal Justice Review 34, no. 4 (November 18, 2009): 579–81. http://dx.doi.org/10.1177/0734016808326377.

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17

Kassirer, Steven, Nicholas Delaney, Loren Goldstein, Megan Taylor, Robert Dobmeier, and Thomas Hernández. "Scope of Practice Impact on Employability in New York State: Director and Counselor Views." Journal of Mental Health Counseling 35, no. 4 (October 1, 2013): 360–76. http://dx.doi.org/10.17744/mehc.35.4.2kt6203330647077.

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An exploratory survey revealed the effects of New York State's Licensed Mental Health Counselor Law on hiring Licensed Mental Health Counselors. The state Office of the Professions interpreted the absence of the word diagnosis in the law as indicating that LMHCs are ineligible to diagnose mental disorders. Directors of mental health agencies (n = 22) reported that LMHCs are qualified to work in state-licensed programs and are satisfied with the quality of their work, yet they hesitate or are unwilling to hire LMHCs due to reimbursement obstacles arising from the law. LMHCs (n = 23) reported being denied opportunities for employment, promotion, and insurance reimbursement and that consumer access to care is being restricted. It is advised that licensed professional counselors advocate for inclusion of the term diagnosis in the law in New York and in other states where the practice of professional counseling is unduly restricted.

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18

SINGER, SIMON I., and CHARLES PATRICK EWING. "Juvenile Justice Reform in New York State: The Juvenile Offender Law." Law & Policy 8, no. 4 (October 1986): 463–77. http://dx.doi.org/10.1111/j.1467-9930.1986.tb00391.x.

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19

Latimer, E. A., and L. B. Lave. "Initial effects of the New York State auto safety belt law." American Journal of Public Health 77, no. 2 (February 1987): 183–86. http://dx.doi.org/10.2105/ajph.77.2.183.

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20

Dewey Cole, Charles. "Law Reporting and Public Access in the Courts: Is Too Much a Good Thing?" Legal Information Management 19, no. 4 (December 2019): 230–35. http://dx.doi.org/10.1017/s1472669619000549.

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AbstractBeginning in the early 1800s, New York has followed a comprehensive model of law-reporting with official law reports. This article by Charles Dewey Cole, Jr. looks at the influence of James Kent in establishing comprehensive law-reporting in New York, reviews the 1938 legislation that created the law reporting bureau and charged the state reporter with reporting almost all appellate court and selective trial court decisions, describes the state reporter's current publication practices and considers both the advantages of and the challenges presented by comprehensive official law-reporting. The article is based on a June 2019 presentation given at the annual conference of the British and Irish Association of Law Librarians in Bournemouth.

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21

Yang, Eunhwa, Yong-Cheol Lee, and Qi Li. "Energy disclosure law in New York City." Facilities 36, no. 11/12 (August 6, 2018): 571–83. http://dx.doi.org/10.1108/f-08-2017-0090.

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Purpose This paper aims to primarily analyzing the state and pattern of current energy benchmarking progress on commercial buildings since the New York City’s energy disclosure law, Local Law 84: Benchmarking has been implemented. It then compares the yearly benchmarking progress of Leadership in Energy and Environmental Design (LEED)-certified and non-LEED-certified buildings as well as ENERGY STAR-certified and non-ENERGY STAR-certified. Design/methodology/approach For thorough analytics, the authors combined and examined four sources of data: New York City Local Law 84: Benchmarking, Primary Land Use Tax Lot Output, US Green Building Council and US Environmental Protection Agency. The data sets were combined using two primary keys: the Borough, Block, Lot (BBL) number and the building address. Four years of energy use intensity values were obtained and normalized by shrinking the range of deviance in weather. Findings The findings indicate a significant improvement in the benchmarking progress when controlling building size, building type, year of construction or the most recent renovation and the presence of renovation. Interestingly, there is no significant difference in the energy benchmarking progress between LEED- and non-LEED-certified buildings. Possible reasons are explored and discussed. Originality/value From a methodological perspective, the study benefited from data disclosure as well as open data sources and used secondary data with a relatively large sample size. Many studies in the construction industry are based on the case-study approach, which may affect generalizability and causality of research findings. This unique approach illustrates the potential of secondary data analysis in the industry.

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22

Rabinowitz, Adam N., and Yizao Liu. "The Impact of Regulatory Change on Retail Pricing: The New York State Milk Price Gouging Law." Agricultural and Resource Economics Review 43, no. 1 (April 2014): 178–92. http://dx.doi.org/10.1017/s1068280500006973.

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This study examines the causal effect of a change in administration of the New York State milk price gouging law on retail milk prices. Specifically, we focus on the November 2008 shift from a threshold pricing policy that consisted of monthly announced prices to a fixed margin policy. Using a regression discontinuity approach, we find lower prices and thus increased consumer welfare for retail milk purchasers in New York State. Furthermore, the change in application of the law may have eliminated previously hypothesized coordination in pricing by retailers through a more competitive retail milk environment.

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23

Petrochilos, Georgios C. "Enforcing Awards Annulled in their State of Origin under the New York Convention." International and Comparative Law Quarterly 48, no. 4 (October 1999): 856–88. http://dx.doi.org/10.1017/s0020589300063715.

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An impressive corpus of legal literature has accumulated in the last few years on the question whether it is possible or desirable to have an arbitral award enforced under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards1despite the award's having been annulled in the State where it was made. The issue is important not only in the context of the New York Convention, which itself is the most widely used vehicle of recognition and enforcement of foreign arbitral awards,2but also in the context of other international documents3or national law provisions modelled on the Convention4and bilateral treaties that incorporate it by reference.5The debate has largely centred on two well-known cases,HilmartonandChromalloy. It is the purpose of this article to analyse those cases and other relevant case law and offer a comprehensive analysis of the relevance of judicial decisions of the State of origin for purposes of enforcement under the New York Convention. In doing so this article proposes to discuss both the technical aspects of the relevant provisions of the Convention, and in particular their interrelationship, and the issues of legal policy that arise. Though the discussion will touch upon the wider doctrinal question of the degree of independence of arbitral proceedings from the law of the arbitralsitus.

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24

Spizman, Lawrence M., and Frank D. Tinari. "Assessing Economics Damage in Personal Injury and Wrongful Death Litigation: The State of New York." Journal of Forensic Economics 22, no. 1 (January 1, 2011): 75–100. http://dx.doi.org/10.5085/jfe.22.1.75.

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Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses the rules of the court, the court system, and case law for the state of New York. New York's system is unique in several important ways. The state has passed statutes that specify in some detail both the method to be used to calculate damages and how a jury's verdict is to be transformed into a judgment. New York Civil Practice Law & Rules (CPLR) Articles 50-A and 50-B provide for separate and different treatment of medical malpractice cases and for all other standard torts, respectively. As a result, the damages sections of the two statutes provide specific guidance to the economic expert. Further, except in medical malpractice death cases, New York is different from other states in that its court does not require testifying economic damages experts to discount to present value. This paper discusses these issues and others to familiarize economic damages experts with the relevant court rules and rulings, as well as accepted practice, when performing economic damage appraisals in the state of New York.

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25

Pérez de la Fuente, Oscar. "Jorge E. Núñez, Cosmopolitanism, State Sovereignty and International Law and Politics: a Theory." DERECHOS Y LIBERTADES: Revista de Filosofía del Derecho y derechos humanos, no. 51 (April 25, 2024): 411–20. http://dx.doi.org/10.20318/dyl.2024.8597.

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26

LACHANCE-McCULLOUGH, MALCOLM L., JAMES M. TESORIERO, MARTIN D. SORIN, and ANDREW STERN. "HIV Infection among New York State Female Inmates: Preliminary Results of a Voluntary Counseling and Testing Program." Prison Journal 74, no. 2 (June 1994): 198–219. http://dx.doi.org/10.1177/0032855594074002004.

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New York State's prison population has the highest seroprevalence of human immunodeficiency virus (HIV) among incarcerated populations in the United States. Five percent of the State prison inmate population is female. To date there have been few studies of incarcerated females in New York State (NYS). Seroprevalence rates have ranged from 18.9% to as high as 29%. In 1991, counselors from the New York State Department of Health (NYSDOH) AIDS Institute's Criminal Justice Initiative, in collaboration with the State's Department of Correctional Services (NYSDOCS), began to offer educational services and anonymous pretest counseling, HIV antibody testing, and posttest counseling to NYS female prisoners. With preliminary program testing data (N = 216) descriptive and multivariate techniques are used to evaluate the demographic and risk-related behaviors associated with HIV infection among female inmates in this voluntary HIV testing program. Results are discussed in light of previous research findings regarding the correlates of HIV seropositivity among New York State prison inmates and compared to previous blinded epidemiological studies of female inmates in the State. Future research, addressing the limitations of this preliminary study, is proposed.

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27

Bird, William A., Paul J. Castellani, and Chris Nemeth. "Access to Early Intervention Services in New York State." Journal of Disability Policy Studies 1, no. 2 (July 1990): 65–84. http://dx.doi.org/10.1177/104420739000100204.

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28

Martin, William G. "Decarceration and justice disinvestment: Evidence from New York State." Punishment & Society 18, no. 4 (August 2016): 479–504. http://dx.doi.org/10.1177/1462474516642857.

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29

Chokloikaew, Chantima. "Section Two: Article 6 of the CRC and New York State Law." CUNY Law Review 12, no. 2 (July 1, 2009): 487. http://dx.doi.org/10.31641/clr120214.

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Chokloikaew, Chantima. "Section Three: Article 12 of the CRC and New York State Law." CUNY Law Review 12, no. 2 (July 1, 2009): 509. http://dx.doi.org/10.31641/clr120215.

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31

Lander, Devin R. "Start Your Own Religion: New York State's Acid Churches." Nova Religio 14, no. 3 (February 1, 2011): 64–80. http://dx.doi.org/10.1525/nr.2011.14.3.64.

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This paper describes a radical and short-lived spiritual movement that emerged in New York State in the 1960s. With Dr. Timothy Leary as the figurehead, two of these psychedelic religions rose to brief cultural prominence in period of 1963––1968 when Leary and his communal group made their home in the small village of Millbrook, New York. Due to negative media attention and a subsequent law enforcement crackdown brought upon at least partially by the increasingly provocative stance of the leaders of these psychedelic groups, they were forced to flee the state by early 1968. This paper establishes the historical significance of New York State's Acid Churches within the culture of the 1960s and draws the link to today's Neopagan and New Age movements and the rebirth of the use of psychedelic substances within the modern scientific, psychological, and therapeutic communities.

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32

Davies, Andrew L. B., Giza Lopes, and Alyssa Clark. "Unique New York? Theorizing the Impact of Resources on the Quality of Defense Representation in a Deviant State." Criminal Justice Policy Review 31, no. 6 (December 4, 2019): 962–86. http://dx.doi.org/10.1177/0887403419890650.

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Litigation in New York State has resulted in the allocation of substantial new funding to limit indigent defense caseloads and improve representation provided to criminal defendants. Funding injections have rarely been studied in defense, however, so it is not clear what will be the effects of the new resources. Defense critics expect their impact to be transformative, but empirical scholarship is more pessimistic. We sort between these perspectives using exploratory interviews with the individuals most critical to the planned reforms: executive-level chief public defenders. Conceptualizing defense service quality in terms of “public value,” we find points of deviation from both the optimistic and pessimistic accounts. New York is a “deviant case,” we argue, which can be used to break new theoretical and empirical ground around the question of how resources impact defense service quality.

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Maher, JaneMaree. "Criminal Justice in Social Contexts." Australian & New Zealand Journal of Criminology 38, no. 3 (December 2005): 421–24. http://dx.doi.org/10.1375/acri.38.3.421.

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Psychological Jurisprudence: Critical Explorations in Law, Crime and Society Bruce A.Arrigo (Ed.) (2004) Albany, NY: State University of New York Press, ISBN 0791461521 Girls' Violence: Myths and Realities Christine Alder and Anne Worrall (Eds.) (2004) Albany, NY: State University of New York Press, ISBN 0791461106 Partners in Health, Partners in Crime: Exploring the Boundaries of Criminology and Sociology of Health and Illness Stefan Timmermans and Jonathon Gabe (Eds.) (2003) Oxford, UK: Blackwell Publishing, ISBN 1405105399

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34

Vedachalam, Sridhar, Parmeet Singh, and Susan J. Riha. "Sewage pollution in New York, USA: impact of the ‘Right to Know’ Act." Water Policy 18, no. 6 (March 31, 2016): 1303–16. http://dx.doi.org/10.2166/wp.2016.139.

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In 2012, New York, USA enacted the Sewage Pollution Right to Know (SPRtK) Act, which requires public notification of untreated and partially treated sewage discharges. With the passing of this law, New York joined 12 other states that have similar laws but none as comprehensive as New York's. As part of the SPRtK Act requirements, aggregated sewage discharge reports (SDRs) are made available on the web. For this study, we made use of one year's worth of SDRs to identify spatial and temporal patterns in sewage discharge incidents. The SDRs were strongly associated with the type of municipality, density and age of the treatment plant. New York has some of the oldest infrastructure in the USA, and this law enables the state environmental agency to document instances of failure and take corrective action. Proper implementation of the law would place information in the hands of the people and protect public health.

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Christodoulou, Symeon. "Study on Procurement of Architectural and Engineering Services for Public Works: Case for Qualifications-Based Selection." Transportation Research Record: Journal of the Transportation Research Board 1861, no. 1 (January 2003): 151–60. http://dx.doi.org/10.3141/1861-16.

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The findings of a recent study on the procurement of professional architectural and engineering (A/E) services in New York City are outlined in an attempt to evaluate some of the claims put forward by proponents and opponents of qualifications-based selection (QBS) of such services. QBS is a federally mandated requirement enacted by the U.S. Congress in 1972, in recognition of the need for improvements in the way in which professional A/E services are procured. The law, commonly referred to as the "Brooks Act," requires that architects and engineers be selected on the basis of their professional qualifications and subject to negotiation of a fair and reasonable compensation of such services. New York State is one of the states that adopted QBS (a total of 41 states had adopted it as of the end of 2001); but the New York State law does not cover local jurisdictions, and New York City continues to use competitive pricing as its primary method of selecting A/E contractors, citing the numerous advantages of the current system as well as the disadvantages of the proposed QBS method. The present study was based on past literature as well as recently procured projects in New York City (1997 to 1999), as presented by the New York City Mayor’s Office of Contracts during a public hearing on QBS (December 1999).

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36

Morse, Dale L. "The Epidemiology Of HIV/AIDS In The New York State Correctional System." Criminal Justice Policy Review 4, no. 4 (December 1990): 319–29. http://dx.doi.org/10.1177/088740349000400403.

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Yang, James G. S. "What is New York’s Amazon Tax on Internet Commerce?" International Journal of E-Business Research 7, no. 4 (October 2011): 50–61. http://dx.doi.org/10.4018/jebr.2011100104.

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This paper examines internet commerce taxation. It concerns who is responsible for collecting sales tax - the seller or the buyer, which depends on nexus between the seller and the state. If there is a nexus, it is the seller’s responsibility; otherwise, it is the buyer’s duty. Nexus further depends on physical presence. However, in today’s e-business, the concept of physical presence has changed. Effective June 1, 2008, New York State enacted the so called “Amazon Tax Law” that an out-of-state online retailer is presumed to have nexus with New York State if it enters into a contract with an affiliate in the state to engage in soliciting businesses in the state by means of web site linkage for an annual gross receipts of more than $10,000. As such, the online retailer is required to collect sales tax from the in-state buyer. The concept of physical presence has been extended from employee or office to web site connection. This paper examines its impact.

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Hirschl, Thomas A., and Nelson L. Bills. "Urban influences on farmland use in New York State." Population Research and Policy Review 13, no. 2 (June 1994): 179–94. http://dx.doi.org/10.1007/bf01080202.

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Manion, Maureen. "The Impact of State Aid on Sectarian Higher Education: The Case of New York State." Review of Politics 48, no. 2 (1986): 264–88. http://dx.doi.org/10.1017/s0034670500038547.

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New York State provides institutional aid to nonpublic institutions of higher learning within the context of its constitutional prohibitions against aid to denominational institutions. To qualify for state aid, New York's private colleges and universities must prove they are constitutionally eligible, a process which has prompted extensive self-evaiuation and frequently some changes by many of those institutions with traditional religious affiliation. State aid administrators have chosen to restrict their constitutional approach to state standards and ignore the United States Supreme Court's tripartite standards articulated inLemonv.Kurtzman, as modified by theTilton-Hunt-Roemerdecisions. The state law has been cautiously and diplomatically administered, but the possibility of future state “entanglement” with church-related institutions remains.

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Persaud, Eric, and Charles R. Jennings. "Pilot Study on Risk Perceptions and Knowledge of Fentanyl Exposure Among New York State First Responders." Disaster Medicine and Public Health Preparedness 14, no. 4 (October 1, 2019): 437–41. http://dx.doi.org/10.1017/dmp.2019.95.

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ABSTRACTObjectives:The present opioid epidemic and abuse of fentanyl in the United States has led to an increased risk of exposure to first responders. Law enforcement, fire, and emergency medical services are receiving misinformation on fentanyl health and safety risks and this has led to miscommunication. Understanding the risk perceptions and knowledge of first responders regarding fentanyl can help identify training gaps.Methods:A 15-item 6-point Likert scale online questionnaire was developed and distributed to firefighters, police officers, and emergency medical technicians, regarding perceptions of fentanyl exposure, and additional questions concerning knowledge. The online questionnaire was sent to 15 associations of national and New York State first responders with 3 associations acknowledging and distributing the survey.Results:Of the 247 participants, 187 served New York State; 92 worked in law enforcement; and the other 95 worked in either fire, emergency medical service, or both. New York State first responders generally agreed with expert risk perceptions and knowledge of fentanyl exposure in the pilot study. Items pertaining to using hand sanitizer, selecting glove type, and dermal exposure to fentanyl had lower agreement with expert beliefs.Conclusions:Risk perceptions and knowledge could be used to evaluate fentanyl response training among first responders.

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Baxi, Upendra. "A Community of Judges." South Asia Research 40, no. 3 (October 16, 2020): 434–39. http://dx.doi.org/10.1177/0262728020944138.

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Joelson, Mark R. "The Interplay of International, Federal and State Law in US Arbitration." Journal of International Arbitration 24, Issue 4 (August 1, 2007): 379–88. http://dx.doi.org/10.54648/joia2007026.

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The US legal rules governing arbitration must be distilled from a potent mixture of international law, federal law and local (state) law. Congressional legislation implements the New York Convention treaty obligations of the United States with respect to the enforcement of international arbitration agreements. The federal legislation also expresses a strong national policy favoring arbitration which pre-empts contravening state laws and court decisions. Nonetheless, state legal rules remain critical in providing the essence of arbitral contract law. This article discusses the interaction among these different principles as they have developed in specific cases, many of them decided by the US Supreme Court.

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Gooch, Jessica C., Amber Guth, Jie Yang, Chencan Zhu, Jihye Park, Dana Telem, Duc Bui, Brian O’Hea, and Sami Khan. "Increases in Postmastectomy Reconstruction in New York State Are Not Related to Changes in State Law." Plastic and Reconstructive Surgery 144, no. 2 (August 2019): 159e—166e. http://dx.doi.org/10.1097/prs.0000000000005794.

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Wang, Tong. "The New York Convention: How Courts Interpret Jurisdiction on Awards—A U.S. Perspective." Alternatives to the High Cost of Litigation 42, no. 1 (December 26, 2023): 9–12. http://dx.doi.org/10.1002/alt.22028.

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There has been a significant body of U.S. federal case law where jurisdictional issues concerning the 1958 Convention on Recognition and Enforcement of Foreign Arbitral Awards have been litigated in the U.S. This article focuses on federal courts' interpretation on certain—not all—of those jurisdictional issues in connection with the Federal Arbitration Act—state law and state courts are out of the scope of this article.

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Emery, Robert A. "A Brief Research Guide to the New York State Constitution." Legal Reference Services Quarterly 8, no. 3-4 (November 3, 1988): 189–202. http://dx.doi.org/10.1300/j113v08n03_08.

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Canady, Valerie A. "Landmark mental health education bill poised to become law in New York state." Mental Health Weekly 26, no. 26 (June 27, 2016): 1–5. http://dx.doi.org/10.1002/mhw.30664.

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Lanier, C. S. "Dimensions of Father-Child Interaction in a New York State Prison Population." Journal of Offender Rehabilitation 16, no. 3-4 (June 12, 1991): 27–42. http://dx.doi.org/10.1300/j076v16n03_02.

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Fernandez, Angela. "Pierson v. Post: A Great Debate, James Kent, and the Project of Building a Learned Law for New York State." Law & Social Inquiry 34, no. 02 (2009): 301–36. http://dx.doi.org/10.1111/j.1747-4469.2009.01148.x.

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Pierson v. Post(1805) has long puzzled legal teachers and scholars. This article argues that the appellate report was the product of the intellectual interests (and schooling) of the lawyers and judges involved in the case. They converted a minor dispute about a fox into a major argument in order to argue from Roman and other civil law sources on how to establish possession in wild animals, effectively crafting an opportunity to create new law for New York State. This article explores the possibility that the mastermind behind this case was the chief justice of the court at the time, James Kent. The question of Kent's involvement in 1805 remains elusive. However, the article uses annotations he made on his copy of the case and discussion ofPierson v. Postin his famousCommentariesto demonstrate the nature of his later interest and to explore the project of building a learned law for New York State.

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Jefferson, Brian Jordan. "Computerizing carceral space: Coded geographies of criminalization and capture in New York City." Environment and Planning A: Economy and Space 50, no. 5 (March 30, 2018): 969–88. http://dx.doi.org/10.1177/0308518x18767427.

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This article examines how computer software mediates the way cities conceptualize relations between corrections, law enforcement, and urban space. Focusing on New York City, it builds on concepts from carceral geography and geographic studies of software to decipher the “coded spaces” of corrections and law enforcement, or spaces whose existence and morphology are partially determined by software. It does so through discourse analysis of technical documents from New York City criminal justice agencies and specialized publications on applications of software in corrections and law enforcement. In analyzing these materials, the article demonstrates how the New York City Department of Corrections and Community Supervision envisions software as a medium for embedding coded spaces of continuous surveillance, discipline, and capture across the city. It also chronicles how the New York City Police Department articulates software as a means of establishing functionally similar spaces of its own, albeit on larger scales. In each instant, authorities perceive software as a means of establishing intracity coded spaces in which correctional supervision looks more like policing, and policing more like correctional supervision. The article suggests that this coded dimension of surveillance, discipline, and human capture indicate new horizons for the geography of the carceral state, and merit further empirical investigation to understand their technicity.

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Beck, John A. "Compassionate Release from New York State Prisons: Why are So Few Getting Out?" Journal of Law, Medicine & Ethics 27, no. 3 (1999): 216–33. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01455.x.

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It is inevitable that some inmates in large state prison systems will suffer from terminal conditions and die while incarcerated. But how those inmates experience that event is primarily controlled by correctional policies and by the prison medical and correctional staff assigned to their care. Compassion for inmates who are dying cannot be legislated or mandated, but humane and compassionate care for the dying can be facilitated or thwarted by legislative and correctional policies, and by the manner in which correctional personnel interpret those policies.Death in New York State prisons is a frequent event, occurring at a rate substantially higher than that in most other states. With a prison population that has risen to 70,000 inmates and with the nation’s highest rate of human immunodeficiency virus (HIV) infection, more than 2,817 inmates died in New York prisons during the period 1990-1998. In April 1992, in the face of an ever-increasing death rate in its prisons, the New York State legislature passed the Medical Parole Law, a measure designed to permit dying inmates to be released on parole prior to their normal release eligibility date.

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