State Constitutional Adjudication at the Court of Appeals, 1990 and 1991: Retrenchment is the Rule

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 rejected claims of expressive rights, and substantially limited the protections of the Rosario rule. The article begins with an examination of the early signs of retrenchment since the 1980’s, and analyzes the specific constitutional liberties that have been limited by the courts decision since then.

Albany Law Review

1992

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English

Vincent Martin Bonventre, State Constitutional Adjudication at the Court of Appeals, 1990 and 1991: Retrenchment Is the Rule, 56 ALB. L. REV. 119 (1992).