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Full-Text Articles in Legal History
Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle
Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This September, we celebrated the 50th anniversary of the Civil Practice Law and Rules of New York State. The CPLR was the handiwork of the Advisory Committee on Practice and Procedure, appointed in 1955 by the New York State Temporary Commission on the Courts. Under the leadership of the Committee's reporter, then Columbia Law School Professor Jack B. Weinstein, the Committee members, which included former New York State Bar Association presidents Jackson Dykman and S. Hazard Gillespie, spent five years overhauling, revising and reforming the Civil Practice Act of 1920. This remarkable joint venture between the practicing bar and the …
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
Elisabeth Haub School of Law Student Publications
The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve …
The Family Court: An Historical Survey, Merril Sobie
The Family Court: An Historical Survey, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …
Benjamin N. Cardozo: Sixty Years After His Appointment As New York's Chief Judge, Jay C. Carlisle
Benjamin N. Cardozo: Sixty Years After His Appointment As New York's Chief Judge, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
Sixty years after his appointment as Chief Judge of the New York State Court of Appeals, Benjamin N. Cardozo’s place in history as one of the country's most outstanding jurists and preeminent legal philosophers is secure. He is· widely acclaimed for being a successful practitioner, a brilliant legal scholar and a man who is ranked among the preeminent American judges, along with Marshall, Kent, Story and Holmes. He was a giant of his era who, while spending all but six years of his professional life in New York, exerted a powerful national influence upon his own times.