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.

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.

November 23, 2024 EDT

APPELLATE DIVISION GRAPPLES WITH THE LAFONTAINE RULE: EXAMINING THE LIMITATIONS OF THE GARRETT EXCEPTION

William Ramos Vàzquez

This Article seeks to understand the confusion surrounding CPL 470.15(1), aka the LaFontaine rule and its Garrett exception, and proposes limiting Garrett to the distinguishing characteristics of its Brady ruling.

November 15, 2024 EDT

A CASE FOR A HAPPIER ELEPHANT: FUNDAMENTAL RIGHTS, RIGHT HOLDERS, AND NONHUMAN ANIMAL PERSONHOOD

Ashley DeGennaro

This Student Note examines NY's famous "Happy, the Elephant" case, arguing that legal personhood is a malleable construct and should be expanded to appreciate and protect rights of nonhuman animals.

October 31, 2024 EDT

TOWARD THE WILSON COURT: THE COURT OF APPEALS’ TRADITION CALLS ON THE NEW CHIEF JUDGE

Vincent Martin Bonventre

This Article examines the history and future of the New York Court of Appeals, with a special focus on Chief Judge Rowan Wilson.

September 04, 2024 EDT

TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE “DEVIATES MATERIALLY” STANDARD OF REVIEW

Richard J. MontesKathryn M. BeerAlexis Sarnicola

This Article examines increases in pain and suffering awards in burn, brain damage, and asbestos cases and the inconsistency with which the "deviates materially" standard is applied under CPLR 5501(c).

August 26, 2024 EDT

MOLINEUX MEETS #METOO: EVALUATING THE MEDIA’S COVERAGE OF PEOPLE V. WEINSTEIN AND THE NEW YORK COURT OF APPEALS

Sarah Midani

This Comment evaluates approaches that fourteen news outlets took in breaking the news of the NY Court of Appeals overturning Harvey Weinstein's conviction based on the Molineux rule.

April 03, 2024 EDT

LETTERS FROM CARDOZO TO POUND

Edward J. Ohanian

This Essay recounts letters written by Supreme Court Justice Cardozo to New York's Chief Judge Pound that discuss topics ranging from pending cases for certiorari to the judges' friendship.

March 19, 2024 EDT

(BLOW THE) WHISTLE WHILE YOU WORK: NEW YORK LABOR LAW SECTION 740, THE REMEDIAL NATURE OF ITS AMENDMENTS, AND ITS RETROACTIVE APPLICABILITY

Adam P. Grogan, Esq.

This Article analyzes the development of whistleblower protections under Section 740 in New York and the factors determining whether the 2021 Amendment is retroactive, considering the amendment's intent and purpose.

August 09, 2023 EDT

THE LEGAL CASE FOR STORMWATER FEES IN NEW YORK CITY

Nathaniel R. Mattison

This Article demonstrates that the NYC Water Board has ample authority under existing law to institute a stormwater fee today as part of the NYC's water and sewer rate scheme.

March 23, 2023 EDT

THE RISE AND FALL OF WORKERS’ COMPENSATION IN NEW YORK

Robert E. Grey

This Article traces the history of the New York Workers’ Compensation Law from its origin to the present day.

January 27, 2023 EDT

SPLITS IN DECISION-MAKING: COMPARING THE LEADERSHIP STYLES OF CHIEF JUDGE KAYE AND CHIEF JUDGE LIPPMAN

Deana DiBenedetto

This Note analyzes the judicial leadership styles of Chief Judge Kaye and Chief Judge Lippman in further detail to determine the benefits and detriments that each leadership style yielded.