New York Law Journal | Commentary
By George M. Heymann | August 25, 2024
The plaintiffs maintain that dogs "are certainly much more than personal property, and as countless dog owners can attest, are akin to family."
New York Law Journal | Commentary
By Paul Shechtman | August 23, 2024
Paul Shechman discusses the story of birth control activist Margaret Sanger and the effects her life's work has on the law today.
New York Law Journal | Commentary
By Joseph W. Bellacosa | August 22, 2024
Law Journal columnist and former Court of Appeals Judge Joseph W. Bellacosa reflects on two books that push a bottom-line case for a transformation of the "top dog" highest tier tax structure, a provocative third-rail political proposition.
New York Law Journal | Commentary
By Kyle Clark and Andrew T. George | August 19, 2024
The prosecution team in Alec Baldwin's manslaughter case may now realize why they were wrong to charge Baldwin to begin with—as they are being reminded why our criminal law (usually) places great weight on the defendant's state of mind his criminal intent, two Law Journal columnists write.
New York Law Journal | Commentary
By Zachary D. Tripp and Jacob R. Altik | August 19, 2024
The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
New York Law Journal | Commentary
By Michael V. Caruso and Lauren M. Lynam | August 19, 2024
This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.
New York Law Journal | Commentary
By Alan D. Scheinkman | August 19, 2024
In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.
New York Law Journal | Commentary
By Adrienne B. Koch | August 19, 2024
Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
New York Law Journal | Commentary
By Owen R. Wolfe and Eddy Salcedo | August 19, 2024
CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
New York Law Journal | Commentary
By Anjali S. Dalal and Gautam Rao | August 19, 2024
In recent years, pursuant to Supreme Court precedent, the definition of public corruption has progressively narrowed while the scope of governmental immunity has been enlarged. There are two ongoing public corruption prosecutions that will likely be taken up by the U.S. Supreme Court in the coming terms and that will likely test these recent trends.
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