New York and the Supremes: State Constitutional Law on the Rebound at the Court of Appeals

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 to protect individual rights in cases of federal constitutional liberty only after reversal and remand by the Supreme Court, despite a recent renaissance of prominent and enthusiastic application of state constitutional law in New York. The objectives of this paper are to examine the decisional dynamics between the United States Supreme Court and the New York Court of Appeals, the State’s highest court, particularly as it applies to the “reactive” decision making of the Court of Appeals, and to assess the implications of this for state constitutional adjudication generally.

State Constitutional Commentaries and Notes

1995

PDF

English

Vincent Martin Bonventre, New York and the Supremes: State Constitutional Law on the Rebound at the Court of Appeals, 5 ST. CONST. COMMENTS. & NOTES 18 (1994).