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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…
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…
Changing Roles: The Supreme Court and the State High Courts in Safeguarding Rights
This article decries the changed role of the Supreme Court in American national governance over the past quarter century. The traditional, cherished, loftiest role of the Court has historically been accepted as being the ultimate guardian of…
Beyond the Reemergence - 'Inverse Incorporation' and Other Prospects for State Constitutional Law
This article advocates and cautiously foresees a more mature, confident, consistent, less reactive, and more truly independent state constitutional adjudication at the state high courts as they become more familiar and comfortable with some…