Journal articles: 'New York (State). Constitution'

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Adkison, Danny M., and Lisa McNair Palmer. "American Government Textbooks and The Federalist Papers." Political Science Teacher 1, no. 1 (1988): 1–17. http://dx.doi.org/10.1017/s0896082800000015.

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It seems appropriate in this bicentennial year to examine the treatment introductory American government textbooks give the U.S. Constitution. Nearly every text devotes a chapter (typically, the second) to the events leading up to, and the writing of, the Constitution. But what of the political theory on which the Constitution is based? The Constitution, by itself, is too brief and devoid of theory to provide students with an overall assessment of that document. The source that is often relied upon by constitutional scholars to provide that theory is The Federalist Papers. It is the textbooks' treatment of these essays that we will explore here.The Federalist Papers were 85 newspaper editorials written by Hamilton, Madison, and jay, under the pseudonym Publius, in support of ratification of the proposed Constitution. The first essay was published October 27, 1787, and when the last essay was published, the authors had written 175,000 words. This was an average of 1,000 words a day, and was about 35 times the length of the Constitution itself.Hamilton initiated the project in reaction to another set of pseudonymous literature published in New York. New York support of the Constitution was essential, and it was doubtful that the state would ratify. As the seat of the central government, New York was in a pivotal position on the eastern seaboard. It had a lively commerce, and thus was not eager for change. Governor George Clinton staunchly opposed ratification. New York had not signed the Constitution because all of its delegates, except Hamilton, had left in protest and no one signatory was authorized to approve the document for the state.

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Liebman, Bennett. "Gambling in the New York State Constitution Before Casinos." Gaming Law Review and Economics 19, no. 6 (August 2015): 428–43. http://dx.doi.org/10.1089/glre.2015.1964.

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Schutz, Derek. "Influence at the Founding: The Federalist Papers' effect on the Ratification of the Constitution." Constellations 2, no. 2 (June 7, 2011): 125–32. http://dx.doi.org/10.29173/cons10500.

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While the drafting of the American Constitution in the summer of 1787 is recognized as a contentious period, the ratification of the proposed Constitution in each of the states held its own challenges. The Federalist Papers are widely seen as providing the case for the confidentially crafted Constitution, particularly in the state of New York. Yet the extent to which they played a role in convincing citizens and delegates at the time remains unclear. This essay seeks to understand the role that these 85 Federalist Papers played in the Ratification debate in the state of New York.

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Lockman, Martin, Evan Bianchi, Sean Di Luccio, and Vincent Nolette. "The Private Litigation Impact of New York’s Green Amendment." Columbia Journal of Environmental Law 49, no. 2 (May 10, 2024): 357–424. http://dx.doi.org/10.52214/cjel.v49i2.12631.

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The increasing urgency of climate change, combined with federal environmental inaction under the Trump Administration, inspired a wave of environmental action at the state and local level. Building on the environmental movement of the 1970s, activists have pushed to amend more than a dozen state constitutions to include “green amendments”—self-executing individual rights to a clean environ-ment. In 2022, New York activists succeeded, and New York’s Green Amendment (the NYGA) now provides that “Each person shall have a right to clean air and water, and a healthful environment.” However, the power of the NYGA and similar green amendments turns on judicial interpretations of their scope. In the first decision to reach the issue, a New York trial court held, with little analysis, that the NYGA provides no private rights against private polluters. This conclusion could severely limit the reach and significance of state envi-ronmental rights. This article examines a single question: Does the NYGA grant private rights that are enforceable against private parties? In answering this question, we examine the 50-year history of private litigation under green amendments, the substance and historical context of the NYGA, and the broader structure of New York’s constitution and environmental law. We conclude that the New York trial court got it wrong, and that the NYGA does provide a private cause of action against private parties. We further assess the indirect impact of constitutional envi-ronmental rights on private litigation, and conclude that the NYGA will have an enormous impact on private litigation generally, irrespective of whether New York’s courts reject private litigation under the NYGA. This discussion provides a novel evaluation of the shadow that consti-tutional changes cast on non-constitutional law.

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Emery, Robert A. "A Brief Research Guide to the New York State Constitution." Legal Reference Services Quarterly 8, no. 3-4 (November 3, 1988): 189–202. http://dx.doi.org/10.1300/j113v08n03_08.

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Holt, Wythe, and James R. Perry. "Writs and Rights, “clashings and animosities”: The First Confrontation between Federal and State Jurisdictions." Law and History Review 7, no. 1 (1989): 89–120. http://dx.doi.org/10.2307/743778.

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In the spring of 1789, officials elected under the Constitution met in New York to begin the work of organizing the new federal government. The federalists had won the battle for ratification, but the war to establish an accepted and respected federal structure was yet to be won. The opponents of centralized government had been subdued, but not conquered. Issues that had caused heated debate in the Constitutional Convention and in the state ratifying conventions lay just beneath the surface and could be revived easily. Any resurgence could shake the foundation of the new federal edifice.

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Brown, Kate Elizabeth. "Rethinking People v. Croswell: Alexander Hamilton and the Nature and Scope of “Common Law” in the Early Republic." Law and History Review 32, no. 3 (August 2014): 611–45. http://dx.doi.org/10.1017/s0738248014000248.

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While serving in the New York Assembly in 1787, Alexander Hamilton identified a problematic clause in New York's constitution. Remarking on an act for settling intestate estates, Hamilton asked, “The question is what is meant in the constitution, by this phrase ‘the common law’?” He went on to describe an important distinction in his legal and constitutional thought: These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the [British] constitution, of all those courts which were established by memorial custom, such as the court of chancery, the ecclesiastical court, &c. though these courts proceed according to a peculiar law. In their more strict sense, they are confined to the course of proceedings in the courts of Westminster in England, or in the supreme court of this state. After suggesting that the constitution's reference to “common law” encompassed more than just the case reports generated by the central courts in Westminster, Hamilton determined that, “I view it as a delicate and difficult question; yet, I am inclined to think that the more extensive sense may be fairly adopted.” Although Hamilton referred here only to the intestacy bill, the distinction between a “strict” and an “extensive” common law would animate his constitutional and legal thought, many years later, during his famous defense of Federalist publisher Harry Croswell.

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Gerber, Scott D. "THE ORIGINS OF AN INDEPENDENT JUDICIARY IN NEW YORK, 1621–1777." Social Philosophy and Policy 28, no. 1 (November 30, 2010): 179–201. http://dx.doi.org/10.1017/s0265052510000099.

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AbstractArticle III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the Dutch period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review.

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Environmental and Energy Law Sectio, New York State Bar Association. "Report and Recommendations Concerning Environmental Aspects of the New York State Constitution." Pace Law Review 38, no. 1 (October 12, 2017): 182. http://dx.doi.org/10.58948/2331-3528.1962.

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Briffault, Richard. "The New York Agency Shop Fee and the Constitution after Ellis and Hudson." ILR Review 41, no. 2 (January 1988): 279–93. http://dx.doi.org/10.1177/001979398804100209.

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In its recent Ellis and Hudson decisions, the Supreme Court imposed new substantive restrictions and procedural requirements on states that authorize, and public employee unions that utilize, agency shop fees. Focusing on New York State, this study analyzes the consequences for the collection and expenditure of agency fees of the Supreme Court's new emphasis on the First Amendment basis for dissenting employees' rights. The author finds that Ellis and Hudson cast doubt on the constitutionality of some current agency fee practices. He concludes that New York's Public Employment Relations Board will have to take a more active role in policing agency fee standards and procedures than it has until now if the agency fee in New York is to withstand First Amendment scrutiny.

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Dorsey, Jennifer. "Conscription, Charity, and Citizenship in the Early Republic: The Shaker Campaign for Alternative Service." Church History 85, no. 1 (February 29, 2016): 140–49. http://dx.doi.org/10.1017/s0009640715001389.

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The War of 1812 ignited a fierce debate in New York about the rights, duties, and responsibilities of citizens in wartime. Two counties in the Upper Hudson River Valley (Rensselaer and Columbia) openly revolted against Governor Daniel D. Tompkins's draft of local militiamen. In September 1812, opponents of the war met in a countywide assembly where they declared the federal draft of the New York militia an “assumption of power, unwarranted by the constitution, [and] dangerous to the rights and privileges of the good people of this state.” The assembly further resolved to defy the governor's detachment order, and as a result, less than a third of the 860 militiamen drafted from Columbia and Rensselaer Counties appeared at the designated rendezvous points. Within weeks, the governor convened the first of three courts-martial to prosecute militiamen “who failed, neglected or refused to obey the orders of the commander in Chief of the said State.” As late as 1818, the New York State legislature insisted upon making a “salutary example” of men who “disregard the voice of duty and the requisitions of law.”

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Furner, Mary O. "DEFINING THE PUBLIC GOOD IN THE U.S. GILDED AGE, 1883–1898: “FREEDOM OF CONTRACT” VERSUS “INTERNAL POLICE” IN THE TORTURED HISTORY OF EMPLOYMENT LAW AND REGULATION." Journal of the Gilded Age and Progressive Era 17, no. 2 (April 2018): 241–75. http://dx.doi.org/10.1017/s1537781417000822.

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Long recognized as a case that left tenement cigar workers in New York City unprotected from hazards to their health, the New York State high court'sIn re Jacobsruling in 1885 also raised anew disagreements regarding the extent of legislative powers known as “police” that were reserved to the states by the federal constitution. Upholding unfettered freedom of contract, theJacobsruling prevailed as a governing precedent through a string of related cases until its reversal inHolden v. Hardy, 1898, a working hours law for Utah miners and smelter workers. BetweenJacobsandHolden, new thinking emerged on the meaning of class, the role of government, and the drivers of the wealth of nations. InHolden, drawing fromMunn v. Illinois, the U.S. Supreme Court located a public interest in sustaining the health and strength of such workers on the grounds that the entire public depended on their productive capacity to ensure the public good of a strong and growing state economy. This precedent did not hold for New York State bakers inLochner v. New York, but it became controlling again inWest Coast Hotel v. Parish, which elevated the broadened conception of “police” fromHoldento the national level. As labor union membership along with other vital structures of the New Deal order have declined during the New Gilded Age, employment regulation has tended to relapse toward the individualist, contractarian regime of the Old Gilded Age announced inIn re Jacobs.

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Kuenning, Paul P. "New York Lutheran Abolitionists. Seeking a Solution to a Historical Enigma." Church History 58, no. 1 (March 1989): 52–65. http://dx.doi.org/10.2307/3167678.

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Among nineteenth-century North American Lutherans the only corporate body to take an early, serious, and vigorous stand on behalf of the abolition of human slavery was a small group in upper New York State called the Franckean Evangelic Synod.1 On 25 May 1837, at a meeting held in a small country chapel in Minden township, Montgomery County, four Lutheran clergymen and twenty-seven lay delegates broke with the Hartwick Synod and formed the new association. It was named after the German Lutheran Pietist cleric and humanitarian August Hermann Francke (1663–1727). The abolitionist convictions of the Franckean Synod were embedded in the main body of its constitution. No minister who was a slaveholder or engaged in the traffic of human beings or advocated the system of slavery then existing in the United States could be accepted into the synod nor could a layperson practicing any of the above serve as a delegate to synodical meetings.2 By 1848 these restrictions were increased to include laity who “justified the sin of slavery” and clergy “who did not oppose” it.3 Such precise constitutional requirements in opposition to human slavery remain without precedent in the history of the Lutheran church.

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Wallace, Deborah, and Rodrick Wallace. "The New York City Real Estate Industry and Voter Suppression." Built Environment 50, no. 2 (June 1, 2024): 256–71. http://dx.doi.org/10.2148/benv.50.2.256.

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The built environment anchors social, economic, and political community. A limited neighbourhood milieu fosters and maintains relationships that enable a community to realize its values. Fundamental civic activities such as ge ing out the vote depend on this empowerment. Voting has declined across New York City, but especially in the Bronx, which experienced the largest decline in voting between the 1969 and 2021 mayoral elections. The South and Central Bronx is now the largest city area of extremely low voter participation. This paper explores how public policies generated by the real estate industry – specifically redlining, urban renewal, and planned shrinkage – in conjunction with the Permanent Registration article in the 1938 New York State Constitution suppressed voting. The distribution of premature mortality and other health problems in the Bronx appear to be another consequence of these policies. That is, disempowerment and health erosion appear related and stem from influence of the real estate industry on mayoral policy.

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Manion, Maureen. "The Impact of State Aid on Sectarian Higher Education: The Case of New York State." Review of Politics 48, no. 2 (1986): 264–88. http://dx.doi.org/10.1017/s0034670500038547.

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New York State provides institutional aid to nonpublic institutions of higher learning within the context of its constitutional prohibitions against aid to denominational institutions. To qualify for state aid, New York's private colleges and universities must prove they are constitutionally eligible, a process which has prompted extensive self-evaiuation and frequently some changes by many of those institutions with traditional religious affiliation. State aid administrators have chosen to restrict their constitutional approach to state standards and ignore the United States Supreme Court's tripartite standards articulated inLemonv.Kurtzman, as modified by theTilton-Hunt-Roemerdecisions. The state law has been cautiously and diplomatically administered, but the possibility of future state “entanglement” with church-related institutions remains.

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Cogan, Jacob Katz, and Lori D. Ginzberg. "1846 Petition for Woman's Suffrage, New York State Constitutional Convention." Signs: Journal of Women in Culture and Society 22, no. 2 (January 1997): 427–39. http://dx.doi.org/10.1086/495167.

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Carlisle, Jay C., and Matthew J. Shock. "The Constitutional Convention and Court Merger in New York State." Pace Law Review 38, no. 1 (October 12, 2017): 69. http://dx.doi.org/10.58948/2331-3528.1958.

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Downs, Donald A. "Reaching Beyond Democracy as Process - Martin Edelman: Democratic Theories and the Constitution. (Albany, New York: State University of New York Press, 1984. Pp. 311. $39.50.)." Review of Politics 48, no. 1 (1986): 135–38. http://dx.doi.org/10.1017/s003467050003761x.

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Quigley, David. "Constitutional Revision and the City: The Enforcement Acts and Urban America, 1870–1894." Journal of Policy History 20, no. 1 (January 2008): 64–75. http://dx.doi.org/10.1353/jph.0.0001.

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Congressional enactment of the Enforcement Acts in 1870 and 1871 marked an unprecedented federalization of voting rights. The various election laws aimed to make real the promise of the recently enacted Fourteenth and Fifteenth amendments to the constitution. A complex duality characterized this new departure in the constitutional understanding of democratic suffrage. On one hand, Republican leadership looked to secure the rights of freedmen in the Reconstruction-era South. At the same time, from the outset, northern Republicans strategically worked to strengthen the party in all regions with a particular interest in urban America. From the immediate postwar years down to the early 1890s, congressional committees regularly investigated the problematic and deeply partisan politics of enforcement. Often, House and Senate investigators were more concerned with developments in northern cities than with the state of African American voting across the rural South. This urban story of the consequences of constitutional revision illuminates the often-obscured national dimensions of Reconstruction and its aftermath, while also alerting us to shifting visions of the vote across the final third of the nineteenth century. This essay explores this nationalization of Reconstruction in the wake of the Fifteenth Amendment's enactment by first documenting the central place of New York City in the emerging postbellum electoral regime and then expanding out from Manhattan to look at broader patterns of urban experience with enforcement.

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Sarat, Austin. "Our Elusive Constitution: Silences, Paradoxes, Priorities. By Daniel N. Hoffman. Albany: State University of New York Press, 1997. 297p. $19.95." American Political Science Review 92, no. 1 (March 1998): 204. http://dx.doi.org/10.2307/2585944.

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Minelli, Adalene. "Impact Fees in New York City? Legal Authority, Constraints, and Potential Options." Columbia Journal of Environmental Law 48, no. 2 (June 9, 2023): 49. http://dx.doi.org/10.52214/cjel.v48i2.11733.

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New York City, like many other cities, faces numerous practical, political, and legal challenges in raising the revenue it needs to support its growing population. Against this backdrop are ongoing concerns about how the City will finance the additional public services and infrastructure necessitated by new development, as well as the costs it incurs in mitigating adverse impacts on existing communities and the environment. In this context, some have called for the City to explore whether to adopt a local impact fee program. Broadly defined, impact fees are one-time charges imposed on new development as a condition of approval to offset its impact on local infrastructure, services, and the environment. Employed widely in other major U.S. cities, New York City is a notable outlier in that it does not have an official impact fee policy. However, unlike many other cities, New York State law is unclear as to whether local governments have the requisite authority to adopt one. This Article analyzes the question of whether New York City has the legal authority to impose impact fees on new development. It argues that, should the City wish to adopt impact fees, it could do so through either its constitutional home rule authority or through its mitigation authority under state environmental review laws. This Article also identifies a number of constitutional and statutory constraints that would likely restrict the design and scope of a local fee program, including limitations under the state’s doctrines on preemption and local taxation, and under the federal exactions jurisprudence.

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Lewis, Daniel C., Jack D. Collens, and Leonard Cutler. "Conventional Wisdom? Analyzing Public Support for a State Constitutional Convention Referendum." State and Local Government Review 51, no. 1 (March 2019): 19–33. http://dx.doi.org/10.1177/0160323x19858396.

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Although fourteen American states periodically hold automatic referendums on whether to hold a state constitutional convention, no state has approved a constitutional convention referendum since 1984. This study explores the puzzle of why voters would oppose an opportunity to broadly reform state government and the factors that underlie these attitudes. Analyses of two statewide surveys of registered voters in New York during the 2017 Constitutional Convention Referendum campaign reveal that campaign framing, elite cues, and instrumental concerns have led voters to take risk-averse positions in order to minimize potential losses that could result from a constitutional convention.

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Rosenthal, Michael P. "The Constitutionality of Involuntary Civil Commitment of Opiate Addicts." Journal of Drug Issues 18, no. 4 (October 1988): 641–61. http://dx.doi.org/10.1177/002204268801800409.

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This paper deals with the constitutionality of involuntary treatment of opiate addicts. Although the first laws permitting involuntary treatment of opiate addicts were enacted in the second half of the nineteenth century, addicts were not committed in large numbers until California and New York enacted new civil commitment legislation in the 1960s. Inevitably, the courts were called upon to decide if involuntary treatment was constitutional. Both the California and New York courts decided that it was. These decisions were heavily influenced by statements made by the United States Supreme Court in Robinson v. California. The Robinson case did not actually involve the constitutionality of involuntary treatment; it involved the question of whether it was constitutional for a state to make addiction a crime. Nevertheless, the Supreme Court declared (in a dictum) that a state might establish a program of compulsory treatment for opiate addicts either to discourage violation of its criminal laws against narcotic trafficking or to safeguard the general health or welfare of its inhabitants. Presumably because the Robinson case did not involve the constitutionality of involuntary treatment of opiate addicts, the Supreme Court did not go into that question as deeply as it might have. The California and New York courts, in turn, relied too much on this dictum and did not delve deeply into the question. The New York courts did a better job than the California courts, but their work too was not as good as it should have been.

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Kajon, Irene. "The Jewish Theological Seminary of Breslau and the Rabbinical College of Padua: A Comparison." transversal 14, no. 1 (December 23, 2016): 45–53. http://dx.doi.org/10.1515/tra-2016-0006.

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AbstractThe article deals with three points that refer to two important Jewish institutions of the age of emancipation, that is, the Jewish Theological Seminary of Breslau and the Rabbinical College of Padua: (1) how these Rabbinical schools were founded, (2) their courses and programs, and (3) the inspiration behind them. A comparison is outlined on the ground of these three points. The conclusion reminds the closing of these two schools, in 1938 the first and in 1871 the second, because of external events: the uprising of German antisemitism and the constitution of Italian State; and how the interesting figure of Sabato Morais, the founder in 1887 and first president of the Jewish Theological Seminary in New York, which prepares Conservative Rabbis, could in a sense be considered the heir of both these schools.

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Hussin, Iza. "Circulations of Law: Cosmopolitan Elites, Global Repertoires, Local Vernaculars." Law and History Review 32, no. 4 (October 2, 2014): 773–95. http://dx.doi.org/10.1017/s0738248014000479.

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Bernard Cohn once called the imperial point of view the “view from the boat”. There were other boats as well.In 1893, the sovereign state of Johor adopted the OttomanMedjelle (Meḏj̱elle-yi Aḥkām-i˚ḥʿAdliyye, the civil code applied in the Ottoman Empire since 1877), being the only state among the Muslim sultanates of the Malay Peninsula to do so. In 1895, Johor promulgated a Constitution(Undang-Undang Tubuh Kerajaan Johor), being the first state in Southeast Asia to do so. This article takes this moment, of the intersection of two types of law from quite disparate sources, as a point of departure for tracing the pathways by which law made its way from one corner of the globe to another. Taking nineteenth century Johor as our vantage point provides a new optic for mapping law's geography and temporality and for exploring the logics of law's itinerancy and its locality. The travels of law were always material, and often embodied; on ships sailing the Indian Ocean between Johor and Cairo were diplomats, merchants, pilgrims, and lawyers faced with new pressures and new possibilities; in the growing traffic in letters and newspaper reports between London and New York, Tokyo and Constantinople, were debates about empire and culture, power and authenticity; in personal relationships made possible by the technologies of nineteenth century cosmopolitanism, were similarly worldly dramas of deception and demands for justice. In the 2 short years between the adoption of theMedjelleand the Constitution in Johor, the sultan of Johor, Abu Bakar (1833–1895), typified this mobility and interconnection. In his travels across the Indian Ocean to the Near East and Europe; in his appearance in diplomatic communiques in London, Constantinople and Washington D.C.; in his prominence as a figure of exoticism and intrigue in the newspapers and the courts of the English-speaking world, the sultan not only embodied law's movements in a figurative way, he was also himself a key carrier of the law, and one of its signal articulators.

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Pavel, Carmen E. "Europe’s Functional Constitution: A Theory of Constitutionalism Beyond the State. By Turkuler Isiksel. New York: Oxford University Press, 2016. 280p. $89.00 cloth." Perspectives on Politics 17, no. 02 (May 15, 2019): 544–46. http://dx.doi.org/10.1017/s1537592719000872.

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Hoffman, James. "Home Thoughts From Broad(Way): Performance Studies Conference in New York." Canadian Theatre Review 84 (September 1995): 72–74. http://dx.doi.org/10.3138/ctr.84.012.

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Musings from across the border: What is wrong/right with the present state of Canadian theatre studies – which after energetic pioneering work of barely two decades, and I’m thinking of the mainly recuperative, historical work of the Association for Canadian Theatre History/Research, now seems tired and lifeless? Is it adequately constituting theatrical Canada in all its places? Why hasn’t the recent attention to “research”, rather than history, produced more change and excitement? Does Canadian theatre have a future as a field? Attending a recent theatre conference in New York gave me moments to reflect on such home issues.

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Hosay, Cynthia K. "Compliance with Patients' End-of-Life Wishes by Nursing Homes in New York City with Conscience Policies." OMEGA - Journal of Death and Dying 44, no. 1 (February 2002): 57–76. http://dx.doi.org/10.2190/rc21-29wg-qtce-2ny1.

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Nursing home patients have a constitutional right to refuse treatment. The Patient Self-Determination Act confirmed that right. State laws address the obligations of health care providers and facilities to honor that right. The New York State law is more specific than those of many other states. It allows exemptions for “reasons of conscience” and imposes a number of requirements on nursing homes claiming such an exemption, including the transfer of a patient to a home that will honor an end-of-life wish. This study, conducted by FRIA,1 investigated the refusal of some nursing homes in New York City to carry out patients' end-of-life wishes because of conscience-based objections. The study also investigated the willingness of homes which did not have such policies to accept patients transferring from a home with a policy so that the patient's end-of-life wishes would be honored. Implications for administrators, policy makers, and regulators are discussed.

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Starkweather, David, and Helga U. Winold. "Extension and Contraction." American String Teacher 44, no. 2 (May 1994): 46–48. http://dx.doi.org/10.1177/000313139404400220.

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David Starkweather is the cellist on the faculty of the University of Georgia. He grew up near San Francisco, then attended the Eastman School of Music. This was followed by four years of graduate work at the State University of New York at Stony Brook, where he studied cello with Bernard Greenhouse. In 1985, Starkweather spent half a year in Switzerland for intensive work with Pierre Fournier, earning the famous French cellist's accolade as “one of the best cellists of his generation.” He was awarded a certificate of merit as a semi-finalist in the 1986 Tchaikovsky Competition. Starkweather has been featured on the National Public Radio show Performance Today and in. a PBS one-hour recital program televised nationwide. A review in the Atlanta Constitution praised his “sensitive phrasing and Starkweather's obvious technical facility.” His previous articles for AST were “Methods of Shifting” (Winter 1988) and “Choice of Fingerings” (Summer 1990).

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Kneeshaw, Stephen, Richard Harvey, D'Ann Campbell, Robert W. Dubay, John T. Reilly, James F. Marran, Ann W. Ellis, et al. "Book Reviews." Teaching History: A Journal of Methods 10, no. 2 (May 4, 2020): 82–96. http://dx.doi.org/10.33043/th.10.2.82-96.

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Robert William Fogel and G. R. Elton. Which Road to the Past? Two Views of History. New Haven and London: Yale University Press, 1983. Pp. vii, 136. Cloth, $14.95. Review by Stephen Kneeshaw of The School of the Ozarks. Emmanuel LeRoy Ladurie. The Mind and Method of the Historian. Translated by Sian Reynolds and Ben Reynolds. Chicago: University of Chicago Press, 1981. Pp. v, 310. Paper, $9.95. Review by Richard Harvey of Ohio University. John E. O'Connor, ed. American History/ American Television: Interpreting the Video Past. New York: Frederick Ungar Publishing Company, 1983. Pp. 463. Cloth, $17.50; Paper, $8.95. Review by D' Ann Campbell of Indiana University. Foster Rhea Dulles & Melvyn Dubofsky. Labor in America: A History. Arlington Heights, Illinois: Harlan Davidson, Inc., 1984. 4th edition. Pp. ix, 425. Cloth, $25.95. Paper, $15.95. Review by Robert W. Dubay of Bainbridge Junior College. Karen Ordahl Kupperman. Roanoke: The Abandoned Colony. Totowa, New Jersey: Rowman & Allanheld, 1984. Pp. viii, 182. Cloth, $24.95; Paper, $12.50. Review by John T. Reilly of Mount Saint Mary College. Kevin O'Reilly. Critical Thinking in American History: Exploration to Constitution. South Hamilton, Massachusetts: Hamilton-Wenham Regional High School, 1983. Pp. 86. Paper, $2.95. Teacher's Guides: Pp. 180. Paper, $12.95; Kevin O'Reilly. Critical Thinking in American History: New Republic to Civil War. South Hamilton, Massachusetts: Hamilton-Wenham Regional High School, 1984. Pp. 106. Paper, $2.95. Teacher's Guide: Pp. 190. Paper, $12.95. Review by James F. Marran of New Trier Township High School, Winnetka, Illinois. Michael J. Cassity, ed. Chains of Fear: American Race Relations Since Reconstruction. Westport, Connecticut: Greenwood Press, 1984. Pp. xxxv, 253. Cloth, $35.00. Review by Ann W. Ellis of Kennesaw College. L. P. Morris. Eastern Europe Since 1945. London and Exeter, New Hampshire: Heinemann Educational Books, 1984. Pp. 211. Paper, $10.00. Review by Thomas T. Lewis, Mount Senario College. John Marks. Science and the Making of the Modern World. Portsmouth, New Hampshire: Heinemann Educational Books, Inc., 1983. Pp. xii, 507. Paper, $25.00. Review by Howard A. Barnes of Winston-Salem State University. Kenneth G. Alfers, Cecil Larry Pool, William F. Mugleston, eds. American's Second Century: Topical Readings, 1865-Present. Dubuque, Iowa: Kendall/ Hunt Publishing Co., 1984. Pp. viii, 381. Paper, $8.95. Review by Richard D. Schubart of Phillips Exeter Academy. Sam C. Sarkesian. America's Forgotten Wars: The Counterrevoltuionary Past and Lessons for the Future. Westport, Connecticut: Greenwood Press, 1984. Pp. xiv, 265. Cloth, $29.95. Review by Richard Selcer of Mountain View College. Edward Wagenknecht. Daughters of the Covenant: Portraits of Six Jewish Women. Amherst: University of Massachusetts, 1983. Pp. viii, 192. Cloth, $17.50. Review by Abraham D. Kriegel of Memphis State University. Morton Borden. Jews, Turks, and Infidels. Chapel Hill and London: University of North Carolina Press, 1984. Pp. x, 163. Cloth, $17.95. Review by Raymond J. Jirran of Thomas Nelson Community College. Richard Schlatter, ed. Recent Views on British History: Essays on Historical Writing Since 1966. New Brunswick: Rutgers University Press, 1984. Pp. xiii, 524. Cloth, $50.00. Review by Fred R. van Hartesveldt of Fort Valley State College. Simon Hornblower. The Greek World, 479-323 B.C. London and New York: Methuen, 1983. Pp. xi, 354. Cloth, $24.00; Paper, $11.95. Review by Dan Levinson of Thayer Academy, Braintree, Massachusetts. H. R. Kedward. Resistance in Vichy France. New York: Oxford University Press, 1978. Paper edition 1983. Pp. ix, 311. Paper, $13.95. Review by Sanford J. Gutman of the State University of New York at Cortland.

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Thompson, Elizabeth. "PALMIRA BRUMMETT, Image and Imperialism in the Ottoman Revolutionary Press, 1908–1911 (Albany: State University of New York Press, 2000). Pp. 489. $86.50 cloth, $29.95 paper." International Journal of Middle East Studies 34, no. 1 (February 2002): 146–48. http://dx.doi.org/10.1017/s0020743802291060.

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The reader plunges into the whirlwind of revolution in this study of the satirical press that circulated after the Young Turks reinstated the Ottoman constitution in 1908. The brave new world depicted in the more than one hundred cartoons reprinted in this work is headed in unknown and often paradoxical directions: we see starving peasants confront fur-coated revolutionaries; dragon-headed despots leading Lady Liberty by the arm; cadaverous cholera victims patrolling the streets; and a woman steering an airplane above the revolutionary city of the future. The 1908 revolution will never look quite the same to readers familiar with the (still scant) treatment of the subject in the English language. Palmira Brummett addresses her innovative study not only to revisionist historians of the late Ottoman period, but also to a wider community of scholars interested in the history of publishing and the construction of identity in the Middle East, Europe, and elsewhere.

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Sunderland, Lane V. "Representation in Crisis: The Constitution, Interest Groups, and Political Parties. By David K. Ryden. Albany: State University of New York Press, 1996. 309p. $21.95." American Political Science Review 91, no. 2 (June 1997): 468. http://dx.doi.org/10.2307/2952406.

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Wilkinson, Erika. "Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 826–28. http://dx.doi.org/10.1111/j.1748-720x.2006.00104.x.

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The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment.

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Bateman, Thomas M. J. "Constitutional Politics in Canada and the United States." Canadian Journal of Political Science 37, no. 3 (September 2004): 753–55. http://dx.doi.org/10.1017/s000842390432010x.

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Constitutional Politics in Canada and the United States, Stephen L. Newman, ed., Albany: State University of New York Press, 2004, pp. vi, 282Constitutional politics in Canada and the United States are staples of teaching and research in both countries, and accordingly merit periodic updating and reflection. An excellent contribution in this respect is Stephen Newman's edited collection of essays, published as part of SUNY's series on American constitutionalism. The essays are balanced, of fairly even quality, and diverse in both subject matter and ideological perspective.

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Dierenfield, Bruce J. "Secular Schools? Religious Practices in New York and Viginia Public Schools Since World War II." Journal of Policy History 4, no. 4 (October 1992): 361–88. http://dx.doi.org/10.1017/s0898030600006990.

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Scholars examining the controversy over church-state relations in the modern era have concentrated almost exclusively on its constitutional aspects. This is to be expected since the U.S. Supreme Court has handed down epic decisions that have drawn an increasingly sharper picture of the First Amendment's guideline concerning the government's involvement in religion. The Court did, in fact, lead the way in establishing or reestablishing the doctrine called “separation of church and state.” But the Court touched off a furious debate within the states that has intermittently yet persistently influenced public policy since the early 1960s. It is time that scholars examine more closely the participants outside of the Court.

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McQuade, Brendan Innis. "Police and the Post-9/11 Surveillance Surge: “Technological Dramas” in “the Bureaucratic Field”." Surveillance & Society 14, no. 1 (May 9, 2016): 1–19. http://dx.doi.org/10.24908/ss.v14i1.5291.

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In the last decade, the United States has invested considerable resources into an expanded intelligence apparatus that extends from the hyper-secretive federal intelligence community down to the more mundane world of municipal police. This paper investigates the effects of the post-9/11 surveillance surge on state and local policing. It presents original research on interagency intelligence centers New York and New Jersey and deploys Pfaffenberger’s “technological drama” as a process animating the neoliberal constitution of what Bourdieu calls the “bureaucratic field.” Despite seemingly dramatic changes, there exists powerful continuity in the profession of policing. Before or after Snowden, the day-to-day reality of criminal intelligence remains shaped by the immediate demands of investigations and the small politics of interagency rivalries, insulating policing from dramatic reforms and swift change. What reformers see as dysfunction is better understood as a technological drama in the bureaucratic field that paradoxically provides a degree of autonomy and slows the pace of change. This paper builds on and contributes to the tendency within surveillance studies that emphasizes the ways in which human agents and organizational cultures mediate surveillance.

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Zelef, M. Haluk. "Eastern in the West, Western in the East: Deliberate and Ambivalent Facets of the Identity of Early Republican Turkey Abroad." New Perspectives on Turkey 50 (2014): 93–144. http://dx.doi.org/10.1017/s0896634600006592.

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AbstractThis paper represents an attempt to reflect on the Turkish identity in the formation period of the Republic, from its constitution in 1923 until 1939. The discussion is focused around two buildings that were constructed in 1939, both of which were built abroad to represent the new state; the Embassy of Turkey in Tehran and the Turkish pavilion at the New York World’s Fair. These buildings were both featured in the same issue of the architectural magazine Mimar, and offer a fruitful starting point for delving into historical and theoretical issues in identity discourse. That said, the paper goes beyond merely analyzing the different formal vocabularies and personalities of the different architects and patrons involved in commissioning these structures. Rather than addressing only the different cultural and architectural responses to the contemporary national identity debate, the paper will also consider the question of whether the host countries and the addressees of these rather symbolic buildings also had a role in their design and evaluation stages. In other words, the study aims to understand how representation in a location in the “West” or in the “East” affects the identity of a nation characterized by its duality of “West” and “East.”

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Larson, Arthur. "Wheeler & Becker, Discovering The American Past - A Look At The Evidence." Teaching History: A Journal of Methods 17, no. 1 (April 1, 1992): 30–31. http://dx.doi.org/10.33043/th.17.1.30-31.

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This work is offered as a supplemental book for survey courses in American history. In the preface, the authors state that they believe their "doing history" approach effective for "seminars, small classes, and large lecture classes with discussion sections." Eleven episodes are presented for analysis: early explorer-Indian contacts, the religious trial of Anne Hutchinson in Massachusetts Bay (1637), a demographic study of social trends in the Massachusetts Bay colony, eye-witness accounts of the "Boston Massacre," the 1794 congressional election in Philadelphia, debates on manhood suffrage in the New York constitutional convention of 1821, the conditions and attitudes of girl workers in the textile factories of Lowell, Massachusetts, stories and songs of blacks under slavery, U.S. politics and diplomacy leading to the Mexican War, the question of black-soldier enlistment on both sides of the Civil War, and the work of New York cartoonist Thomas Nast.

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Richter, Hedwig. "TRANSNATIONAL REFORM AND DEMOCRACY: ELECTION REFORMS IN NEW YORK CITY AND BERLIN AROUND 1900." Journal of the Gilded Age and Progressive Era 15, no. 2 (April 2016): 149–75. http://dx.doi.org/10.1017/s1537781415000821.

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“Disenchantment with democracy” is Sven Beckert's diagnosis for the United States around 1900. According to Beckert, the era's elites paid little regard to the ideals of democracy and worked to exclude the lower classes from the electoral process. But was acceptance of democracy really that low? Previously overlooked elite discourses and efforts—particularly discussions that dealt with the practice of elections—show that this explanation does not tell the whole story. By drawing on endeavors concerning election reform in New York City, I argue that at the turn of the century a new understanding of democracy became a kind of modern consensus. This was the case not only in New York, a city in a republic, but also in Berlin, in the Prussian constitutional monarchy. These findings support the interpretation that around 1900 the understanding and acceptance of democracy underwent a seminal change in the transatlantic world. The consensus held that state legitimacy required mass participation and, even more, that mass participation was connected to “everybody” and to a meaning of “universal”— though this ideal of “universal” was constructed and exclusive in important ways.

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Leach, Richard H. "Liberty and Community: Canadian Federalism and the Failure of the Constitution. By Robert C. Vipond. Albany: State University of New York Press, 1991. 349p. $14.95 paper." American Political Science Review 86, no. 2 (June 1992): 568–69. http://dx.doi.org/10.2307/1964311.

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Brigham, John. "Representing Popular Sovereignty: The Constitution in American Political Culture. By Daniel Lessard Levin. Albany: State University of New York Press, 1999. 283p. $59.50 cloth, $19.95 paper." American Political Science Review 94, no. 2 (June 2000): 462–63. http://dx.doi.org/10.2307/2586044.

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Hartunian, Joseph. "Gun Safety in the Age of Kavanaugh." Michigan Law Review Online, no. 117 (2019): 104. http://dx.doi.org/10.36644/mlr.online.117.gun.

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This Essay takes stock of the different approaches adopted and advocated for in evaluating constitutional challenges in Second Amendment opinions throughout the country. The author’s hope is that doing so will help highlight the contours for debate when the Supreme Court does finally start to define some of the limits purported to exist by Justice Scalia. Part I analyzes the paths explicitly rejected by Heller I by reviewing the limits considered allowable by Justice Scalia. Part II considers the ongoing debate between the courts on the application of “strict” or “intermediate” scrutiny for Second Amendment challenges. Part III examines then-Judge Kavanaugh’s Heller II opinion in comparison to the other options, and finally Part IV discusses the implications of Kavanaugh’s novel approach, particularly in light of the recent change in the Supreme Court’s Fourth Amendment jurisprudence and the Court’s grant of certiorari in New York State Rifle & Pistol Ass’n v. City of New York.

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Ernst, Daniel R. "The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938." Law and History Review 27, no. 2 (2009): 331–72. http://dx.doi.org/10.1017/s0738248000002030.

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In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In September 1938 Charles Wyzanski, a former member of the Solicitor General's office, warned Attorney General Homer Cummings that the anti-bureaucracy clause was “the advance signal of an approaching partisan attack on a national scale.” Wyzanski was right: in early 1939 a bill endorsed by the American Bar Association's House of Delegates was introduced in Congress by Representative Francis Walter and Senator Marvel Mills Logan. Just as the New York provision “would have almost certainly destroyed the effectiveness of the state administrative agencies,” the New Dealer Abe Feller warned Cummings's successor, so would the Walter-Logan bill hamstring the federal government. When President Franklin Roosevelt vetoed the bill in December 1940, he declared it part of a national campaign that had begun with the anti-bureaucracy clause.

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Malecha, Gary Lee. "The Constitution and the American Presidency. Edited by Martin L. Fausold and Alan Shank. Albany: State University of New York Press, 1991. 323p. $49.50 cloth, 16.95 paper." American Political Science Review 86, no. 2 (June 1992): 531–32. http://dx.doi.org/10.2307/1964270.

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Garland, L. ""Irrespective of Race, Color or Sex:" Susan B. Anthony and the New York State Constitutional Convention of 1867." OAH Magazine of History 19, no. 2 (March 1, 2005): 61–64. http://dx.doi.org/10.1093/maghis/19.2.61.

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46

Bunger, Amy. "Founding the Criminal Law: Punishment and Political Thought in the Origins of America. By Ronald J. Pestritto. Dekalb: Northern Illinois University Press, 2000. 191p. $36.00." American Political Science Review 95, no. 2 (June 2001): 483–84. http://dx.doi.org/10.1017/s0003055401452026.

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Political theory reminds us that punishment is a fundamentally political action, an exercise of political power. This book is about penal reform and the philosophy of punishment as both were debated in postrevolutionary America. Pestritto combs through original writings of the founders and state constitutions in an effort to elucidate leading philosophies about the purpose of the criminal law and punishment. At a macro level, the book provides a window into how the American system, in Pestritto's venues of Pennsylvania, New York, and Virginia, mediates between the tensions of the preservation of individual liberty and maintenance of public order. The book attempts to bridge the historical gap from our founding to current issues in sentencing, such as the three-strikes rule, determinate or mandatory sentencing laws, and state experimentation in marrying sentences to available prison space, or the cost of incapacitation. Pestritto's greatest contribution is to mine new material in these historical conversations on punishment, which allows them to be heard in our contemporary debates.

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Davis, Amos Prosser. "The Bible, the School, and the Constitution: The Clash that Shaped Modern Church-State Doctrine. By Steven K. Green (New York, Oxford University Press, 2012) 294 pp. $29.95." Journal of Interdisciplinary History 43, no. 3 (December 2012): 498–99. http://dx.doi.org/10.1162/jinh_r_00450.

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Wald, Arnoldo. "Les récents progrès de la jurisprudence brésilienne en matière d’arbitrage commercial international." ASA Bulletin 24, Issue 2 (June 1, 2006): 206–15. http://dx.doi.org/10.54648/asab2006026.

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Brazilian arbitration practice was influenced by three landmark events: the enactment, in 1996, of the Brazilian Arbitration Act (Federal Law No. 9.307), the adhesion, in 2002, to the New York Convention and the enactment of Constitutional Amendment No. 45, on 31 December 2004, which transferred to the Superior Court (?Superior Tribunal de Justiça?) the competence for the recognition of foreign arbitral awards previously held by the Supreme Court (?Supremo Tribunal Federal?). The Brazilian Arbitration Act gave great impulse to the use of arbitration domestically, whilst the ratification of the New York Convention introduced Brazil in the group of receptive countries and in the list of recommended places of arbitration. Nonetheless, the transfer of competence to the Superior Court triggered a new trend in local courts more favorable to arbitration and more in line with international practice. For instance, the validity of arbitration clauses signed by state-owned companies and of arbitration clauses included in contracts that were not signed by all the parties have been finally recognized. These cases clearly illustrate this important movement towards a more comprehensive approach from Brazilian judges with respect to arbitration and their concern to provide a more stable legal environment for the development of local economy.

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Lippman, Jonathan. "The Road to a Constitutional Convention: Reforming the New York State Unified Court System and Expanding Access to Civil Justice." Pace Law Review 38, no. 1 (October 12, 2017): 57. http://dx.doi.org/10.58948/2331-3528.1957.

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50

Jones, Jack. "Defending Race-Conscious Policy." Columbia Journal of Environmental Law 49, no. 2 (May 10, 2024): 425–78. http://dx.doi.org/10.52214/cjel.v49i2.12632.

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Beginning in the 1980s, a coalition of community groups, activists, and non-profits loosely referred to as the “environmental justice movement” campaigned to draw awareness to the disproportionate distribution of environmental burdens to low-income communities of color. These burdens cause severely negative health impacts, reduce property values (which in turn reduce generational wealth), and im-pact quality of life. Low-income communities of color also receive few-er environmental benefits, including parks and green space (which re-duces heat in urban areas) and access to healthy food. Climate change further threatens vulnerable communities by causing increased heat in already-overheated neighborhoods, more frequent and severe storms, and rising sea levels in coastal areas. In 2019, New York State enacted the Climate Leadership and Com-munity Protection Act (CLCPA), an ambitious piece of legislation that creates a framework to reduce statewide greenhouse gas emissions and to invest in “disadvantaged communities” (DACs). The latter goal reflects the environmental justice movement’s success. The current set of criteria developed under the CLCPA to identify U.S. census tracts within New York as DACs considers, among a large set of factors, the racial and ethnic demographics of the tracts. While this approach re-flects the environmental justice movement’s values, it also makes the CLCPA vulnerable to a potential constitutional challenge. Drawing on decades of precedent from the U.S. Supreme Court in cases regarding affirmative action programs, a plaintiff might bring a case arguing that the New York State government is distributing benefits based onindividuals’ race or ethnicity, in violation of the Equal Protection Clause. This Note examines the degree to which the CLCPA’s current DAC criteria are vulnerable to such a challenge, and sets forth how the state might argue that the DAC criteria do not violate the Equal Protection Clause. Specifically, this Note argues that the state could mount a strong argument at the outset that such a plaintiff cannot satisfy the requirements for standing. In the alternative, the state could argue that the criteria should not draw strict scrutiny because race and eth-nicity are relatively insignificant factors in a complex and context-sensitive process. If the criteria do draw strict scrutiny, the govern-ment could argue that it has a compelling interest in remedying the ef-fects of its past acts of racial discrimination, and that the criteria are narrowly tailored to this interest. And finally, the government could argue that even if the criteria are unconstitutional for considering race, the issue is severable, and the criteria can be easily amended to remove race and ethnicity.

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Journal articles on the topic 'New York (State). Constitution'

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