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Toward the Lippman Court: Flux and Transition at New York’s Court of Appeals
At the time of this writing, barely a year had passed since Jonathan Lippman assumed the center seat at New York’s highest tribunal as the Chief Judge of the state. Still there was been no shortage of notable developments almost immediately for the…
State Constitutionalism in New York: A Non-Reactive Tradition
This article traces the independent state-law based protection of individual rights and liberties by the New York Court of Appeals, the state's highest court, since its earliest years in the mid-nineteenth century. The practice of developing a body…
State Constitutional Recession: The New York Court of Appeals Retrenches
This article discusses the retrenchment of the New York Court of Appeals from liberal state constitutionalism used to protect its citizens civil liberties towards a more conservative and divided court. The New York Court of Appeals has been a paragon…
State Constitutional Jurisprudence: Decision Making at the New York Court of Appeals
This is a transcript of the presentation given by Professor Vincent M. Bonventre in 1996 at a conference discussing, among other things, State Constitutional Jurisprudence. Professor Bonventre and Professor Luke Bierman both presented on State…
State Constitutional Adjudication at the Court of Appeals, 1990 and 1991: Retrenchment is the Rule
A historically liberal and progressive court, this article analyzes the retrenchment of the New York Court of Appeals in pro-government decisions curing the 1990-1991 term. During this time, the court cut back on the right to counsel, repeatedly…
Richard C. Wesley: Voting and Opinion Patterns on the New York Court
Professor Vincent M. Bonventre analyzes the voting practice of New York Court of Appeals Judge Richard C. Wesley in both criminal and civil cases. A contradiction presents itself when this record is looked over: while Judge Wesley is stanchly…
Public Law at the New York Court of Appeals: An Update on Developments, 2000
Professor Vincent M. Bonventre analyzes the history of the New York Court of Appeals from the tenure of Chief Judge Benjamin Cardozo through to the modern day, noting it’s years of affinity for both the government and the individual, in turn. Next,…
Professional Responsibility: 1994-1995 Survey of New York Law
Professor Vincent M. Bonventre analyzes New York Court of Appeals and Supreme Court decisions from 1994-1995 as the pertain to professional responsibility. First are two conflicting decision by the Supreme Court cases regarding the level of…
New York's Chief Judge Kaye: Her Separate Opinions Bode Well for Renewed State Constitutionalism at the New York Court of Appeals
When Judith Kaye was elevated by New York's then-Governor Mario Cuomo to the center seat of the state's highest court, she was already a national leader in promoting judicial federalism. In her judicial opinions as an Associate Judge of the Court of…
New York and the Supremes: State Constitutional Law on the Rebound at the Court of Appeals
In this introductory essay, Professor Vincent M. Bonventre begins to explore the “reactive” era of the New York State Court of Appeals under Chief Judge Sol Wachtler. Professor Bonventre discusses the reliance of the Court on the state constitution…
Dedication to the Honorable Stewart F. Hancock, Jr.
Professor Vincent M. Bonventre speaks emphatically about the dignity, fairness, and respect for the law possessed by Associate Judge Stewart F. Hancock Jr, of the New York Court of Appeals and the Second Circuit. From this dedication, Judge Hancock’s…
Court Bashing and Reality: A Comparative Examination of Criminal Dispositions at the New York Court of Appeals and Neighboring High Courts
In 1995 and 1996, the New York Court of Appeals, the state's highest court, was subject to the sort of partisan and tabloid excoriation which the judges and the judiciary generally in America periodically endure. New York's governor, Republican…
Changing Course at the High Court
There has been a dramatic change in the make-up of the Court of Appeals in the last few years (authored in 1994). The seven-member Court of Appeals has a new chief judge, Judith Kaye, and three new associate judges, George Bundy Smith, Howard Levine…
Albany Law School on the High Court
Judge Victoria A Graffeo took her oath as a Judge of the New York Court of Appeals in 2000. As she took her place on the Court of Appeals, Judge Graffeo was also taking place among an elite line of Albany Law School alums who have served with…