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Full-Text Articles in Law
The Union Of Law And Equity: The United States, 1800-1938, Kellen R. Funk
The Union Of Law And Equity: The United States, 1800-1938, Kellen R. Funk
Faculty Scholarship
David Dudley Field was the architect of the union – or fusion or merger – of equity and law in New York state, and the Field Code was widely adopted in other states. Field’s vision of the union of law and equity has prevailed in the United States, including at the federal level, at least in theory. However, the practise of law and acts of the courts indicate that the reality is rather different. Equity was not sundered by the Field Code or its federal counterpart, the Federal Code of Civil Procedure 1938. Equity continues to operate distinctly in various …
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 …
Commandeering And Constitutional Change, Jud Campbell
Commandeering And Constitutional Change, Jud Campbell
Law Faculty Publications
Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …
Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe
Legal History Publications
BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features questionable …
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 …
A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller
A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller
Scholarly Works
Wood v. Lucy, Lady Duff-Gordon is an enduring part of the Contracts canon. A symposium addressing the legacy of the case would be incomplete without a picture of the New York Court of Appeals at the time the case was decided and a discussion of the oft-neglected role that court rules and administration play in the development of the law. Thus, it is the aim of this short essay to place Wood in the context of the Court's history, and to explore how structural and jurisdictional changes to the Court could have had an impact on how the case was …
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.