All Articles tagged judicial review

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• New York Appeals
  January 01, 2014 EDT
  CPLR ARTICLE 78 PROCEEDINGS AND INTERLOCUTORY APPEALS DURING AN ARTICLE 78 PROCEEDING
  Joseph F. Castiglione

  This article discusses the nature and purpose of the CPLR Article 78 special proceeding, and the limited circumstances for appealing interlocutory orders made in an Article 78 proceeding.

• New York Appeals
  January 01, 2014 EDT
  ARE THE APPELLATE COURTS DEVIATING FROM THE “DEVIATES MATERIALLY” STANDARD OF REVIEW?
  Richard J. MontesDavid A. Beatty

  This article examines whether New York state courts have applied the legislatively enacted "deviates materially from reasonable compensation" standard of judicial review in accordance with the statute's stated purpose.

• State Constitutional Commentary
  August 08, 2010 EDT
  STATE SUPREME COURTS, STATE CONSTITUTIONS AND CIVIL LITIGATION
  Paul BraceBrent D. Boyea

  This study argues that state constitutional content—the basic rules of the game—influences the business of state supreme courts when it comes to civil appeals.

• General
  January 01, 2006 EDT
  ORDINARY AND ENHANCED RATIONAL BASIS REVIEW IN THE MASSACHUSETTS SUPREME JUDICIAL COURT: A PRELIMINARY INVESTIGATION
  Lawrence Friedman

  This Article examines the cases in which the Massachusetts Supreme Judicial Court has applied enhanced rational basis scrutiny.

• General
  January 01, 2005 EDT
  THE GOVERNOR FROM FIGUREHEAD TO PRIME MINISTER: A HISTORICAL STUDY OF THE NEW YORK STATE CONSTITUTION AND THE SHIFT OF BASIC POWER TO THE CHIEF EXECUTIVE
  John T. Buckley

  This article traces the evolution of the NYS government from a legislatively dominated constitutional structure to a more executive dominated one.

• General
  January 01, 2005 EDT
  ARE INSEVERABILITY CLAUSES CONSTITUTIONAL?
  Fred Kameny

  This article considers how inseverability is a tool that resourceful and increasingly assertive legislators will not hesitate to use.