Court of Appeals of New York State: The Judges, the Selection Process, Making the Current Court and Some Recent Decisions on Governance

2007 ◽  
Author(s):  
Vincent Martin Bonventre

1925 ◽  
Vol 19 (4) ◽  
pp. 693-706
Author(s):  
Joseph McGoldrick

Home rule in the United States has for many years been confined to the states west of the Mississippi. As late as 1920 Ohio and Michigan were the only eastern states giving their cities autonomy. Since that date, however, there has appeared a tendency in the larger urban industrial states to treat cities more generously. New York in 1923 and Pennsylvania in 1924 have now joined the ranks of home-rule states. But many of the largest states, for example, Illinois, still give no such power to their municipalities, while in Massachusetts it can still be said that cities have the same legal status as “an infant, an idiot or a lunatic.”The addition of New York to this group has just been rendered certain. On September 2, the court of appeals of the state rendered a unanimous decision declaring the home-rule amendment to have been validly adopted. This ended two months of uncertainty caused by the decision of the appellate division of the supreme court in New York City that the home-rule amendment was not validly a part of the constitution and that all state and local legislation passed under its aegis was void.



1998 ◽  
Vol 26 (2) ◽  
pp. 127-150
Author(s):  
Stuart M. Kirschner

The disposition of individuals who are acquitted by reason of insanity is directly influenced by assessments of dangerousness. Risk assessments should be presented as the probability that a given type of behavior will occur, taking into account both personality and situational variables. However, clinicians are at times mandated to answer the “ultimate question,” and it is often difficult to follow recommended risk-assessment procedures. Legislative statutes and case law may have a direct bearing on risk-assessment procedures. This paper explores how a recent New York State Court of Appeals decision has had a dramatic impact on the assessment and treatment of insanity acquittees in New York State. Case illustrations are presented. Although, the statutes and the decisions cited in the paper are endemic to one state, the issues that are discussed would clearly have relevance for assessing dangerousness in other venues.





2005 ◽  
Vol 38 (20) ◽  
pp. 8
Author(s):  
MICHELE G. SULLIVAN
Keyword(s):  
New York ◽  


Author(s):  
Marvin S. Swartz ◽  
Jeffrey W. Swanson ◽  
Henry J. Steadman ◽  
Pamela Clark Robbins ◽  
John Monahan


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