All Articles tagged state courts

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.
State Constitutional Commentary
November 10, 2024 EDT
(S)ELECTION OF GEORGIA SUPREME COURT JUSTICES: DEMOCRACY—OR DYNASTY?
Jeffrey A. Van Detta
This Article traces the history of the Georgia Supreme Court and election of its justices, arguing that the current system produces a dynasty of jurists who are selected, not elected.
State Constitutional Commentary
June 13, 2024 EDT
IDEOLOGICAL COMPETITION OVER STATE SUPREME COURT SELECTION METHODS
Stephen J. Ware
This Article shows that ideological competition over selection methods continues in several states, which ostensibly provide supreme court elections, but in practice nearly always appoint their justices.
General
February 24, 2021 EDT
FIXING APPEAL WAIVERS IN NEW YORK
Jonathan Cantarero
This article discusses the history of appeal waivers in NY and offers practical tips to promote their proper execution in criminal courts to protect defendants and reduce caseloads.
Justice Commentaries
August 03, 2015 EDT
THE TRIALS OF INDIGENT DEFENSE: TYPE OF COUNSEL AND CASE OUTCOMES IN FELONY JURY TRIALS
Erin York Cornwell
This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.
Justice Commentaries
August 03, 2015 EDT
THE TRIALS OF INDIGENT DEFENSE: TYPE OF COUNSEL AND CASE OUTCOMES IN FELONY JURY TRIALS
Erin York Cornwell
This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.
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.
General
January 01, 2012 EDT
BOOK REVIEW: COMMERCIAL LITIGATION IN NEW YORK STATE COURTS, THIRD EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
Richard Platkin
Book review of the Third Edition of the treatise Commercial Litigation in New York State Courts.