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ISSN: 2162-4151
General
March 16, 2025 EDT
STATE-SPONSORED SANCTIONS? NEW JERSEY’S UNCONSTITUTIONAL ATTEMPT TO SANCTION RUSSIA AND THE DISTRICT COURT’S FAILURE TO ACT
Sophia E. Casabonne
This Note discusses a New Jersey law sanctioning Russia amid the Russo-Ukrainian War, preemption issues surrounding that law, and implications of a federal court's decision not to invalidate the law.
Justice Commentaries
January 23, 2025 EDT
LEGALIZING HOMOPHOBIA
Vienna J. Ainsworth

This Note discusses the rise of drag bans and ways that the legal system is misused to marginalize members of the LGBTQIA+ community.

State Constitutional Commentary
January 04, 2025 EDT
14th ANNUAL CHIEF JUDGE LAWRENCE H. COOKE STATE CONSTITUTIONAL COMMENTARY SYMPOSIUM: THE EMINENCE AND EXPERIENCE—AND EXHAUSTION—OF BEING NEW YORK’S CHIEF JUDGE
Hon. Rowan WilsonHon. Jonathan LippmanVincent BonventreKanika Johar

Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman engage in a panel discussion on what it means to oversee New York State's Court of Appeals and court system.

AN EXPLORATION OF JUDICIAL SELECTION METHODS OF STATE HIGH COURTS State Constitutional Commentary
December 24, 2024 EDT
AN EXPLORATION OF JUDICIAL SELECTION METHODS OF STATE HIGH COURTS
Hon. Leslie E. SteinJohn KowalChad OldfatherNoah RosenblumDavid Sachar

This Panel examined historical and current judicial selection methods of state supreme courts around the nation, noting the importance state high courts play in upholding democratic ideals.

RECONCILING BRENNANIAN AND BRANDEISIAN LABORATORIES State Constitutional Commentary
December 24, 2024 EDT
RECONCILING BRENNANIAN AND BRANDEISIAN LABORATORIES
Gerald S. Dickinson

This Essay explores state courts as rights expositors/ protectors and democratic agents/representatives and seeks to reconcile the tension, concluding they are in fact harmonious manifestations of Brennanian and Brandeisian ideals.

PARTISAN GERRYMANDERING CASES IN STATE SUPREME COURTS IN THE 2020S REDISTRICTING ROUND State Constitutional Commentary
December 24, 2024 EDT
PARTISAN GERRYMANDERING CASES IN STATE SUPREME COURTS IN THE 2020S REDISTRICTING ROUND
Jonathan CervasBernard GrofmanScott MatsudaJustine Kawa

This Essay examines redistricting lawsuits before state high courts, focusing on partisan gerrymandering cases, an area that has fallen to state courts to police since the 2019 Rucho SCOTUS decision.

Justice Commentaries
December 24, 2024 EDT
TRANSFORMING THE IDEA AND IEPS FROM PIECES OF PAPER TO EFFECTIVE DOCUMENTS
Cooper D. Humpf

This student Comment reviews the historical treatment of people with disabilities, the current IEP process that disadvantages parents/guardians, and proposes an amendment to the IDEA ensuring legal representation for parents/guardians.

Justice Commentaries
December 24, 2024 EDT
DISPLACING CLIMATE PRECARITY
Camila BustosJulia Neusner

This Essay explores how the law identifies climate-displaced people and states’ obligations to protect them, aruging that guaranteeing substantial support for the Loss and Damage Fund is the first step.

WHOSE BOARD OR COMMISSION IS THIS ANYWAY? New York Appeals
December 21, 2024 EDT
WHOSE BOARD OR COMMISSION IS THIS ANYWAY?
Bennett Liebman

This Article explores the limits of Article V, Section 4 of the NYS constitution, under which governors appoint heads of most departments and all boards and commissions with senate approval.

THE 1821 CONSTITUTIONAL CONVENTION AND THE CONSTITUTIONALIZING OF RACIAL DISCRIMINATION IN NEW YORK State Constitutional Commentary
December 14, 2024 EDT
THE 1821 CONSTITUTIONAL CONVENTION AND THE CONSTITUTIONALIZING OF RACIAL DISCRIMINATION IN NEW YORK
Peter J. Galie

This Article examines the 1821 New York Constitution, the first to bring race into its fabric, and Martin Van Buren's role in the state's colonial background and constitutional tradition.

THE HUMANITARIAN STOWAWAY Justice Commentaries
December 10, 2024 EDT
THE HUMANITARIAN STOWAWAY
Sarah F. Rogerson

This Article offers a working definition of the "humanitarian stowaway," and provides recommendations for the American government to modernize enforcement and practice of immigration laws to protect the humanitarian stowaway.

A SPECIAL CONUNDRUM: WHY SPECIAL MASTERS ARE THE APPROPRIATE REMEDY FOR ILL-APPORTIONED  MAPS New York Appeals
November 26, 2024 EDT
A SPECIAL CONUNDRUM: WHY SPECIAL MASTERS ARE THE APPROPRIATE REMEDY FOR ILL-APPORTIONED MAPS
Cameron Bishop

Springboarding off of recent redistricting in New York, this student Comment explains why special masters are the appropriate remedy for ill-apportioned redistricting maps drawn by state legislatures to avoid litigation.