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Relevant bibliographies by topics / New York (State) Surpeme Court

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Academic literature on the topic 'New York (State) Surpeme Court'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "New York (State) Surpeme Court"

1

THOMAS, FRANK E. "The New York State Association of Children's Court Judges." Juvenile Court Judges Journal 8, no. 3 (March 18, 2009): 13–16. http://dx.doi.org/10.1111/j.1755-6988.1957.tb00175.x.

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Kaye, Judith S., and Jonathan Lippman. "NEW YORK STATE UNIFIED COURT SYSTEM Family Justice Program." Family Court Review 36, no. 2 (March 16, 2005): 144–78. http://dx.doi.org/10.1111/j.174-1617.1998.tb00502.x.

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Park, Jiung, Joonho Choi, Young Min Choe, and Bo Kyung Sohn. "Review of Court-Ordered Treatment in New York State." Journal of Korean Neuropsychiatric Association 59, no. 4 (2020): 293. http://dx.doi.org/10.4306/jknpa.2020.59.4.293.

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Mogilnicki, Eric J., and Alexander Schultz. "The Incomplete Record in New York State Rifle & Pistol Association v. City of New York." SMU Law Review Forum 73, no. 1 (January 2020): 1–9. http://dx.doi.org/10.25172/slrf.73.1.1.

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A Second Amendment case now pending at the Supreme Court, New York State Rifle & Pistol Ass’n v. City of New York, tests the extent to which New York City may limit the movement of guns along city streets. The briefing in that case is, however, incomplete. Second Amendment jurisprudence calls for an examination of historical analogues to the firearms regulation at issue. Here, the New York State Rifle and Pistol Association asserted that there are none. This Article identifies numerous historical analogues to the City’s transportation restrictions, most of which were not identified in the briefing before the Court.

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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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6

Rosner, Fred. "Judaism and the New York State Appeals Court Brain Death Ruling." Archives of Internal Medicine 145, no. 5 (May 1, 1985): 952. http://dx.doi.org/10.1001/archinte.1985.00360050222048.

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Rosner, F. "Judaism and the New York State Appeals Court brain death ruling." Archives of Internal Medicine 145, no. 5 (May 1, 1985): 952c—953. http://dx.doi.org/10.1001/archinte.145.5.952c.

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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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Dierenfield, Bruce J. "Secular Schools? Religious Practices in New York and Viginia Public Schools Since World War II." Journal of Policy History 4, no. 4 (October 1992): 361–88. http://dx.doi.org/10.1017/s0898030600006990.

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Scholars examining the controversy over church-state relations in the modern era have concentrated almost exclusively on its constitutional aspects. This is to be expected since the U.S. Supreme Court has handed down epic decisions that have drawn an increasingly sharper picture of the First Amendment's guideline concerning the government's involvement in religion. The Court did, in fact, lead the way in establishing or reestablishing the doctrine called “separation of church and state.” But the Court touched off a furious debate within the states that has intermittently yet persistently influenced public policy since the early 1960s. It is time that scholars examine more closely the participants outside of the Court.

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10

McGuire, John Thomas. "Making the Case for Night Work Legislation in Progressive Era New York, 1911-1915." Journal of the Gilded Age and Progressive Era 5, no. 1 (January 2006): 47–70. http://dx.doi.org/10.1017/s1537781400002863.

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In 1907 the New York Court of Appeals considered a bindery company's challenge to a night work law passed by New York's legislature in 1898 and amended in 1903. The statute stated that “no female shall be employed, permitted, or suffered to work in any factory in this state before six o'clock in the morning, or after nine o'clock in the evening of any day.” The outcome of the case was preordained, for New York's highest court was famous for advocating the legal “freedom of contract” principle, which negated state efforts to limit workers' hours. From 1878 through 1904 the Court of Appeals had held that any restriction on laborers' hours was unconstitutional. The only exception, Lochner v. New York, had been reversed by the U.S. Supreme Court on appeal.

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Books on the topic "New York (State) Surpeme Court"

1

Carter, Robert Allan. New York State court system. Albany: Legislative and Governmental Services, New York State Library, 1985.

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2

Sobie, Merril. New York family court practice. Eagan, MN: West, 2012.

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Donnino, William C. New York Court of Appeals on criminal law. 3rd ed. [Eagan, MN]: Thomson/West, 2011.

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Donnino, William C. New York Court of Appeals on criminal law. 2nd ed. New York: West Group, 1997.

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5

Group, West. McKinney's New York rules of court: State and federal. St. Paul, Minn: West Group, 1998.

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6

Project, New York State Court Alternative Dispute Resolution. Court-referred ADR in New York State: Final report of the Chief Judge's New York State Court Alternative Dispute Resolution Project. [New York]: State of New York, Unified Court System, 1996.

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Court-referred ADR in New York State: Proposed final report of the Chief Judge's New York State Court Alternative Dispute Resolution Project. [New York]: The System, 1995.

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8

New York State Judicial Records Disposition Committee. Records management in the New York State Unified Court System: Final report of the New York State Judicial Records Disposition Committee. [New York]: New York State Judicial Records Disposition and Archives Development Project, 1988.

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9

(State), New York. Surrogate's Court Procedure Act of the state of New York ... Binghamton, N.Y: Gould Publications, 1985.

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10

New York (State). Legislature. Assembly. Standing Committee on the Judiciary. Public hearing, selection of New York State Supreme Court justices. Rochester, NY: Associated Reporters Int'l., 2006.

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Book chapters on the topic "New York (State) Surpeme Court"

1

"27. The Chief Judges’ Contributions: State of the Judiciary." In The History of the New York Court of Appeals, 740–46. Columbia University Press, 2006. http://dx.doi.org/10.7312/meye13632-027.

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"‘Introduction’ and ‘State Compliance with Court-Ordered Reparations’, in The Practice and Procedure of the Inter-American Court of Human Rights, New York: Cambridge University Press, pp. 1-34; 299–334." In Regional Human Rights Systems, 81–150. Routledge, 2016. http://dx.doi.org/10.4324/9781315244938-13.

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Perry, Elisabeth Israels. "The Election of 1937 and Beyond." In After the Vote, 214–39. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199341849.003.0009.

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The 1936 New York City charter reform introduced proportional representation (PR) as the voting method for electing the city council, the legislative body that replaced the old board of aldermen. Two local women politicians gained prominence in this period. One was Genevieve B. Earle, the first woman elected to that body in 1937. She served a total of twelve years on the council and, as minority leader, worked to modernize county government to make it more economical. The other was Anna M. Kross, a city magistrate who in 1938 ran for the state supreme court, a race she lost but which inspired other women attorneys to reach for higher political goals. The repeal of PR in 1947 limited New York City women’s political futures as city legislators.

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4

Freedman, Eric M. "The Habeas Corpus Strand of Restraints on Government." In Making Habeas Work, 40–44. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479870974.003.0006.

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Utilizing primarily cases from the War of 1812, this Chapter illustrates the power and limitations of the writ in restraining government. Positive examples include state habeas challenges to military enlistments in the period prior to Tarble’s Case and Ableman v. Booth, including one decided in the Massachusetts Supreme Court against General Thomas H. Cushing, and New York Chief Justice James Kent’s order that General Morgan Lewis release alleged spy Samuel Stacy. Negative ones include the defiance of the writ by General Andrew Jackson in the period surrounding the Battle of New Orleans. Events began with the expulsion of French counsel Louis de Tousard. When Louisiana legislator Louis Louailler protested, Jackson had him arrested. Lawyer Pierre L. Morel sought habeas corpus from Louisiana Supreme Court Justice Francois-Xavier Martin (denied) and prohibition and habeas corpus from federal Judge Dominick A. Hall (latter granted). Jackson arrested Hall. When United States Attorney John Dick obtained a state habeas writ Jackson arrested Dick and ordered the judge’s arrest. Jackson was fined by Hall for contempt but ultimately reimbursed by Congress. George Washington respected the writ but it was ever vulnerable to defiance, evasion or legislative suspension. Although valuable, it could not be relied on exclusively.

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Wang, Lee. "Crisis in the Courts." In Crisis Lawyering, 127–45. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479801701.003.0006.

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This chapter explores the use of creative coalition-building to put an end to brazen tactics undertaken by US Immigration and Customs Enforcement (ICE) in New York State courthouses. Immigrants entering state courts as victims or witnesses were being dragged out of courthouses by ICE plainclothes officers and detained. This dramatic increase in courthouse arrests instilled fear and obstructed justice. Immigrants who needed to go to court for housing matters, custody battles, human trafficking, or domestic violence proceedings were no longer safe. As ICE’s aggressive tactics persisted, lawyers and advocates quickly banded together and got creative to put an end to ICE’s enforcement in and around courthouses. This chapter discusses how attorney’s had to question their role as advocates, as members of the bar with professional responsibility, and as citizens with moral obligations. From walkouts to Twitter, lawyers and advocates did whatever they could to take the courthouses back.

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Needham, Andrew. "The Living River." In Power Lines. Princeton University Press, 2014. http://dx.doi.org/10.23943/princeton/9780691139067.003.0007.

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This chapter addresses how The New York Times challenged the long-held claims of Arizona officials that their state was entitled to a portion of the Colorado River by rights, a claim recently upheld by the Supreme Court. The paper also argued that Arizona's attempt to realize those claims endangered the Colorado River and the Grand Canyon itself. Transforming the flowing energy of water into flowing electricity, the Times suggested, was not in the national interest. Such critiques of Arizona's growth emerged in the wake of the Interior Department's development of the Pacific Southwest Water Plan, a plan designed in 1963 to realize Arizona's Colorado River claims. The critiques emerged from several different conservationist groups, but most powerfully from the Sierra Club, which was gradually changing the description of its politics from “conservation” to “environmentalism” and assuming a far more public voice in disputes over the proper use of public lands.

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7

Mayeux, Sara. "Democratic Justice." In Free Justice, 86–116. University of North Carolina Press, 2020. http://dx.doi.org/10.5149/northcarolina/9781469661650.003.0004.

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In contrast to earlier periods when elite lawyers expressed skepticism of the public defender, this chapter describes the Cold War moment when elite lawyers, like the New York lawyer Harrison Tweed, celebrated the public defender as central to the “American way of life.” By the 1950s, lawyers and political leaders touted the rights that U.S. Constitution afforded to criminal defendants as hallmarks of democracy. These rights were thought to exemplify democratic regard for the individual, in contrast to the state-dominated show trials that symbolized totalitarianism. Within this context, criminal defense attorneys were rhetorically celebrated and the public defender was reframed from a harbinger of socialism into an anticommunist figure. In 1963, the Supreme Court issued its landmark decision in Gideon v. Wainwright, further enshrining the constitutional right to counsel. Gideon held that the Sixth Amendment requires states to provide counsel to indigent defendants in all serious felony trials. The decision was celebrated and chronicled in the widely read book by journalist Anthony Lewis, Gideon’s Trumpet, and the Ford Foundation announced ambitious plans for a nationwide initiative to expand public defender offices.

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8

Kessler, Amalia D. "The “Natural Elevation” of Equity." In Inventing American Exceptionalism. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300198072.003.0002.

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Chapter 1 explores the reasons why equity took root in American soil despite the long-standing suspicion, dating primarily from the seventeenth-century English Revolution and exacerbated by the colonial experience, that it was linked to royal tyranny. Challenging those who offer an exclusively functionalist explanation, focused on commercial needs, it emphasizes the important role played in equity’s early nineteenth-century institutionalization by two leading, contemporary jurists—James Kent, Chancellor of New York, and Joseph Story, U.S. Supreme Court justice and author of the leading contemporary treatises on equity. The chapter argues that these men conceptualized equity procedure as a quasi-inquisitorial system intended to bolster a powerful, discretion-laden judicial elite. This elite, they insisted, would promote national greatness and thereby elevate the standing of the new nation vis-à-vis its older, European competitors. At the same time, they believed, such judges would maintain a firm grip on the helm of state, fostering the new country’s commercial growth, while also assisting it to avoid the worst dangers and excesses of democratization. With time, however, Kent’s and Story’s very success in institutionalizing chancery’s quasi-inquisitorial procedure and linking it to an elitist vision of social and political rule would contribute to ushering in a backlash against it.

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Kessler, Amalia D. "Market Freedom and Adversarial Adjudication." In Inventing American Exceptionalism. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300198072.003.0006.

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Chapter 5 considers the broader values with which Americans, including nonlawyers, came to invest adversarial procedure. Troubled by the radical economic transformations of the era (including the emergence of a growing class of dispossessed laborers), many Americans—and especially those influenced by then prevalent religious revivalism and utopian fervor—argued for the adoption of European-style conciliation courts as a means of tempering market excesses. Largely ignored in the scholarly literature, the ensuing debates in Florida, California, and New York were part of a transnational discussion launched by Jeremy Bentham, who coined the term “conciliation court” based on an institution created by the French Revolutionaries and exported throughout much of Europe (and its colonies). In the United States, these debates resulted in the enactment of state constitutional provisions authorizing legislatures to establish conciliation courts and legislation that did so. But the courts themselves failed to take meaningful root in the antebellum period. Their ultimately triumphant opponents rejected them as paternalistic institutions, suited only to feudal or despotic European nations. A nation that was so distinctively liberty-oriented and market-based, they argued, necessarily employed a distinctively adversarial approach to social, economic, and (perhaps especially) labor relations—and thus to legal procedure as well.

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10

Minow, Martha. "On Other Shores: When is Separate Inherently Unequal?,." In In Brown's Wake. Oxford University Press, 2010. http://dx.doi.org/10.1093/oso/9780195171525.003.0011.

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Even before it was decided by the U.S. Supreme Court, Brown v. Board of Education had a global profile. Swedish economist Gunnar Myrdal in a work that the Carnegie Corporation commissioned in 1944 in search of an unbiased view of American race relations, supplied a searing indictment of America’s treatment of the “Negro,” and his work, An American Dilemma, became a key citation in the Court’s famous footnote eleven. Initially, President Dwight D. Eisenhower showed no sympathy for the school integration project and expressed suspicion that the United Nations and international economic and social rights activists were betraying socialist or even communist leanings in supporting the brief. But as the United States tried to position itself as a leader in human rights and supporter of the United Nations, the Cold War orientation of President Eisenhower’s Republican administration gave rise to interest in ending official segregation, lynchings, and cross burnings in order to elevate the American image internationally. The Department of Justice consulted with the State Department on the drafting of an amicus brief in Brown that argued that ending racially segregated schools would halt the Soviet critique of racial abuses tolerated by the U.S. system of government and thereby help combat global communism. Ending segregation emerged as part of a strategy to win more influence than the Soviet Union in the “Third World.” African-American civil rights leader and journalist Roger Wilkins later recalled that ending official segregation became urgent as black ambassadors started to visit Washington, D.C., and the United Nations in New York City. Tracking the influence of Brown in other countries is thornier than tracking its influence inside the United States where the topic has motivated a cottage industry in academic scholarship. As this book has considered, the litigation has by now a well-known and complicated relationship to actual racial integration within American schools. Some argue that the case exacerbated tensions and slowed gradual reform that was already under way.

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