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From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; torts; the right to control personal medical care; and abortion. This comprehensive history completes a two volume series that began with The History of the New York Court of Appeals, 1847-1932. Each case is richly recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained. Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. They examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law.
An autobiography and selected writings by the former Chief Judge of New York’s highest court, the Court of Appeals. In 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York’s highest court. Ten years later, she became the first woman to be appointed chief judge of the court, and by the time she retired, in 2008, she was the longest-serving chief judge in the court’s history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye’s own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her. The first section of the book, Kaye’s memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees. The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally. The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law. BACK FLAP “Judith Kaye was one of the most admired judges in the nation— and a wonderful, real, often funny person as well. This collection captures the full range of the judge and the woman, and it serves as a great reminder of her enduring legacy.” — Jeffrey Toobin “An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice.” — from the Foreword by Honorable Janet DiFiore
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Excerpt from Legal and Judicial History of New York In 1842 it was resolved to curtail the power of the legislature to incur debt. This decision and the reaction against the tendency to involve the government in private business led to the convention of 1846. The work of that convention and the constitution reported by it, the third constitution of the State, have been discussed in this book. Whatever may be the common impression, the most important part of the labor of that convention dealt with the subject of public debts. The next succeeding constitutional convention was that of 1867, all of whose work except the judiciary article was rejected at the polls. Then followed the constitutional commission of 1872, which took up a large part of the unaccepted effort of the convention of 1867, revised it, and presented it to the State legislatures in such form that much of it was eventually incorporated in the constitution. To the able and thoughtful men in the convention of 1867 it must have seemed lamentable that their labors were not appreciated. The valuable ideas which the convention formulated first passed through the crucible of public discussion and afterwards were debated in the commission of 1872. The good work of the convention was not lost; on the contrary it was improved, and fortunately for the people, some notions much in vogue at the time were never submitted by the legislature for popular vote, and were happily kept out of the organic law. The lesson which that period should teach is that proposed constitutional changes need thorough consideration before their submission to the people. In 1890 a constitutional commission was summoned into being to revise the judiciary article. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Relying on extensive surviving original records, this book analyzes the November 1851 trial in the federal circuit court of Robert Morris, the second black admitted to practice in Massachusetts, for rescuing a fugitive slave from the custody of the U.S. marshal in the federal courtroom in Boston. It demonstrates that Justice Benjamin Robbins Curtis, a supporter of Daniel Webster and the Fugitive Slave Act of 1850 presiding under a recess appointment, made two critical rulings against Morris that were at odds with existing precedents. Finally, the book contextualizes Morris's trial among the other trials for this rescue, the prosecutions for the attempt to rescue Anthony Burns, another fugitive slave, in 1854, and the Supreme Court's decision in Dred Scott in 1857. "This 'small' book packs a large wallop. Gordan navigates the complexities of trial advocacy and trial procedure with unexcelled mastery. His analysis of the complex legal issues, including the power of the jury to rule on questions of law as well as fact, is persuasive. Gordan also throws a revisionist light on some of the major players - like John P. Hale who emerges from the wings as the real leader of the abolitionist bar; and Benjamin R. Curtis, whose manipulation of the law in the Morris trial illuminates his famous dissent in Dred Scott v. Sandford. A gem of a book." --R. Kent Newmyer, University of Connecticut School of Law "A wonderfully detailed exposition of the fugitive slave rescue trial of Robert Morris, John Gordan's work unearths a wealth of material about the events, the people, and the legal acumen of the lawyers and judges involved. It will enable scholars to evaluate a question central to our judicial system: What is the proper division of authority between judge and jury? The information contained in Gordan's book provides a much-needed historically accurate basis from which to answer that question." -- Maeva Marcus, Director, Institute for Constitutional History, The New-York Historical Society, and Research Professor of Law, The George Washington University Law School "John Gordan's extraordinary sleuthing of documents and sources and keen insights provide a highly readable and intriguing account of the slave rescue trial of Robert Morris in 1851. The book reveals new insights about Benjamin Robbins Curtis, presiding as Circuit Justice, and sheds important new light on the differing views of the rule of law and jury nullification in 19th century America." --Christian G. Fritz, Henry Weihofen Chair in Law and Professor of Law, University of New Mexico John D. Gordan, III, a graduate of Harvard College and Harvard Law School, clerked for the Honorable Inzer B. Wyatt, U.S. District Judge (S.D.N.Y.), from 1969 to 1971 and served as an Assistant U.S. Attorney (S.D.N.Y.) from 1971 to 1976. He was in private practice in New York City from 1976 to 2011.