Constitutional Law

  • New York Law Journal | Commentary

    It's Time to Listen to George Washington

    By Sol Wachtler | May 1, 2018

    George Washington had no use for political parties, and he feared foreign interference in our domestic affairs

  • Daily Business Review

    Broward Challenges Law Barring Local Gun Limits

    By Catherine Wilson | May 1, 2018

    Broward County, the scene of the Parkland high school mass shooting, is suing state officials to challenge a preemption law barring any gun-control…

  • New York Law Journal

    Our Commitment to Excellence Helps Keep Our Judiciary Strong and Independent

    By Janet DiFiore, Chief Judge, State of New York | April 30, 2018

    This ingenious “framework for freedom” is not self-executing or self-sustaining. It requires every one of us who has committed our professional lives to the law to be vigilant in defending judicial independence and to work earnestly to promote fair and effective justice institutions that are valued by the public.

  • New York Law Journal

    Working Together to Achieve Excellence

    By Lawrence K. Marks, Chief Administrative Judge, New York State Unified Court System | April 30, 2018

    Separation of powers was designed to bind governmental authority by creating tension among the branches, with each limiting the others. Nevertheless, to accomplish important goals and necessary reforms, the three branches of government frequently must collaborate and support one another to be successful.

  • New York Law Journal

    Separation of Powers: A Tribute to My Father

    By Rolando T. Acosta, Presiding Justice, Appellate Division, First Department | April 30, 2018

    As we celebrate Law Day and contemplate the doctrine that forms the very foundation of our government, let us commit to doing our best, as lawyers and judges, to restore our fellow citizens' trust in our core institutions.

  • New York Law Journal

    CPLR Article 78—Central to the Rule of Law

    By Alan Scheinkman, Presiding Justice, Appellate Division, Second Department | April 30, 2018

    CPLR Article 78 represents a careful balancing of the powers of different branches of our government. Through the litigation and determination of Article 78 proceedings, we all play our part in preserving the Rule of Law.

  • New York Law Journal

    Separation of Powers: A Judicial Balancing Act

    By Elizabeth A. Garry, Presiding Justice, Appellate Division, Third Department | April 30, 2018

    As the branches occasionally struggle with the scope of their respective powers, and as we in the courts work to uphold our judicial duties without encroaching on our legislative and executive colleagues, it is clear that checks and balances are as fully relevant and important today as they were at our nation's founding.

  • New York Law Journal

    Protecting Our Country From Momentary Passions

    By Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department | April 30, 2018

    The bulwark of a strong and independent judiciary is necessary to protect our country against such momentary passions—compelling though they may be—for if we fail in that, we lose our very foundation.

  • New York Law Journal

    Ensure That All Understand the Importance of an Independent Judiciary

    By Sharon Stern Gerstman, President, New York State Bar Association | April 30, 2018

    As lawyers, we know how important an independent judiciary is. On this Law Day, let's make sure our fellow citizens understand it, too.

  • New York Law Journal | Analysis

    Municipal Custom and Practices

    By Martin A. Schwartz | April 30, 2018

    In his Section 1983 Litigation column, Martin A. Schwartz analyzes “custom or practice” municipal liability. He explains the importance of this issue, explores the meaning of “custom and practice,” and identifies the types of evidence that may be admissible to prove a municipal custom or practice.

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