Andrew J Luskin

February 05, 2021 | New York Law Journal

This article examines Supreme Court pronouncements about how states may, and may not, use their constitutional powers to determine their respective electoral regimes, then looks at the National Popular Vote Initiative and an argument that it is unconstitutional.

By Andrew J. Luskin

13 minute read

May 07, 2020 | New York Law Journal

While the intention of helping those in need is admirable, the proposed legislation would alter private contract rights, and therefore inescapably bump up against the Contracts Clause of the U.S. Constitution.

By Andrew J. Luskin

11 minute read

March 27, 2020 | New York Law Journal

While not constituting a quarantine per se, the governor's actions nevertheless have imposed significant restrictions on New Yorkers, their livelihoods, and their freedom of movement. What legal standards apply to these restrictions, and do the restrictions go too far in the name of protecting the public from an unprecedented public health emergency?

By Andrew J. Luskin

14 minute read