Category Archives: Legal History

U.S. Laws Lethal to Palestine’s Statehood Bid

By Kat Fina, Albany Government Law Review

On September 23, 2011, after a century of conflict and amid threats from the United States, Mahmoud Abbas, President of the Palestinian National Authority, submitted Palestine’s request for statehood to the United Nations.[1]  Mr. Abbas asked the United Nations General Assembly to stop the occupation of his country and to recognize the self determination of his people.[2]  Mr. Abbas declared Palestine’s request to allow for the independent state of Palestine with a capital of Jerusalem and territories consisting of the West Bank and Gaza Strip.[3]  As Mr. Abbas held a copy of the letter requesting membership, General Assembly members gave a standing ovation, and Palestinians gathered in the streets of the West Bank and the Gaza Strip to cheer their leader and wave the Palestinian flag.[4]  Continue reading

Advertisements

Leave a comment

Filed under Finance, Human Rights, Legal History, Religion

Dissolution of Out-of-State Civil Unions in New York: Dickerson v. Thompson

By Rebekah Addy, Albany Government Law Review

    Introduction        

On July 24, 2011, the New York Legislature enacted the Marriage Equality Act, which permits marriage between persons of the same-sex and provides that valid same-sex marriages entered into outside of New York will be recognized and treated the same as in-state marriages.[1]  The New York State Bar Association (“NYSBA”) “has long supported the new law” stating that it is a “triumph for equality” granting “important protections and legal rights” to same-sex couples.[2]  However, NYSBA president Vincent E. Doyle III also noted that “many areas of the law are unclear” and “there are many open issues about how the law will be applied.”[3]  In light of that recognition, NYSBA produced a Marriage Equality FAQ brochure developed by a panel of legal experts, dated July 18, 2011, seeking to help “couples, attorneys and others navigate the new legal landscape.”[4] Continue reading

2 Comments

Filed under Constitutional Law, Equal Protection, Federalism, Human Rights, Judges, Legal History, Matrimonial Law, New York Court of Appeals, Uncategorized

New York’s Court Crisis

By Diana Filkins, Albany Government Law Review Class of 2011

Even though Governor Andrew Cuomo was able to triumphantly announce the rare, on-time passage of New York’s 2011-2012 state budget, not all parties were happy.  The New York State Unified Court System, for example, took a cut of $170 million dollars.[1]  Immediately after   the budget passed, Chief Judge of the Court of Appeals Jonathan Lippman portended that the budget cuts would lead to hundreds of layoffs.[2]  As of April 20, 2011, the beginnings of this prediction came true as 74 employees of the Office of Court Administration were given notice that they would be laid off.[3]  This included two attorneys and is the “court system’s first layoffs since 1991.”  Up to 500 more are expected to lose their jobs.[4]  Further, the system is already running with less employees than usual, due to an early retirement incentive which led to the retirement of 1,700 court personnel.[5]  While the court intended to fill many of these positions, the budget cuts may not allow this to happen.[6]  In an already overburdened court system, how will the budget cuts and layoffs affect the administration of justice? Continue reading

1 Comment

Filed under Government Reform, Judges, Legal History

“New York’s Last, Best Hope for Real Reform”: The Case for Convening a State Constitutional Convention

By Brian M. Kolb, New York State Assembly Republican Leader

In the lead article of the inaugural issue of the Albany Government Law Review’s New York Legislation book, Assembly Republican Leader Brian Kolb convincingly advocates for a “People’s Constitutional Convention.”   Mr. Kolb, the Assembly Minority Leader, argues that, since the last convention in 1967, the fiscal, governmental and confidence crises are reasons not to wait until 2017, the next time the question of convening a convention will automatically appear on the ballot.

Mr. Kolb created an online petition to call for a convention: Reform New York.  To date, nearly 2,500 have signed, at least virtually, the petition to support a People’s Convention to Reform New York.

The term “reform” has reached remora-like status in Albany, attached to nearly anything, and in cases that may result in only marginal improvement.  As Mr. Kolb writes, the People’s convention is needed to address far-reaching, institutional change:

State government’s dysfunction, corruption, and fiscal irresponsibility are still the ultimate trump card that can mobilize public opinion and serve as an urgent call to action. As symptoms of these “cancers” on government continue to manifest themselves in the form of chronic unemployment, late state budgets, multi-billion dollar deficits and debt, some of the nation’s highest property, business, and income taxes, the “case” for convening a constitutional convention will be self-evident, extremely powerful, and, in my opinion, open and shut. The fact that state government still lacks a statewide succession plan for state offices, an independent Legislative Redistricting Commission, term limits for legislative leaders and legislators, initiative and referendum, . . . will continue inspiring calls for reforming the broken institution of state government.

Click here to view the article by Assembly Republican Leader Kolb.

Leave a comment

Filed under Constitutional Law, Election Law, Government Reform, Legal History