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New York Law Journal | Commentary
By Robert A. McTamaney and Michael Shapiro | March 25, 2021
The time has come, in fact the time is long past due, for the New York Court of Appeals, and if necessary the U.S. Supreme Court, to address the preemption issue and finally resolve it.
New York Law Journal | Commentary
By David Lenefsky | March 24, 2021
U.S. presidents exercising their constitutional pardon power might learn something from history—maybe.
New York Law Journal | Commentary
By Rena Paul and Michelle Mason | March 24, 2021
Prosecutorial well-being empowers prosecutors to best serve the community by first supporting themselves.
New York Law Journal | Commentary
By Joel Cohen | March 22, 2021
Prosecutorial discretion—the valuable practice of prosecutors often using their discretion to decline cases—suggests that there is no "criminal" case worth pursuing regarding the nursing homes.
New York Law Journal | Commentary
By Y. David Scharf, David B. Saxe and Aaron B. Lauchheimer | March 19, 2021
The COVID-19 pandemic has badly shaken the commercial real estate market. A recent First Department decision has thrown an unfortunate barrier up against the hope for a turnaround.
New York Law Journal | Commentary
By Jason P.W. Halperin | March 18, 2021
In the ongoing renewed introspection in America about racial justice and the criminal justice system, we should put banning the federal death penalty at the top of the list of criminal justice reforms.
New York Law Journal | Commentary
By Heidi Friedman and Tasha Miracle | March 16, 2021
Ginsburg's environmental jurisprudence on the Clean Air Act, Clean Water Act, and the nation's hazardous waste cleanup laws struck a fascinating balance between the practical and the idealistic.
New York Law Journal | Commentary
By Bennett L. Gershman | March 16, 2021
In a 29-page decision filed last week, Judge Zayas meticulously documented how the two prosecutors abdicated their constitutional and ethical duties and denied defendants a fair trial.
New York Law Journal | Commentary
By Joel Cohen | March 15, 2021
In an understandable effort to gain transparency regarding who is subsidizing controversial litigations, let's not throw the baby out with the bathwater.
New York Law Journal | Commentary
By Katrina Fischer Kuh | March 15, 2021
New Yorkers do not presently have a right to clean air and water.
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