Browse Items (7 total)

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…

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…

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…

Many scholars have recognized that divided decisions provide a window into a court’s inner sanctum. Divided decisions by a high tribunal reveal the dissenters’ and separate concurrers’ high principals and deeply held differences with the majority…

The inaugural State Constitutional Law Review triggered considerable reaction. Some in high places, including current and former members of the Court, were quite upset. They apparently took offense at the author’s observations that the Court under…

New York has a long and proud tradition of state constitutionalism. With state constitutional law enjoying a “renaissance” throughout the nation in response to the retrenchment in civil rights and liberties at the Supreme Court during the…

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…