Title: New York State: Steering a Course between the Scylla of Judicial Activism and the Charybdis of Wayward Legislating – But for How Long?
Abstract: This paper examines the jurisprudence of the New York Court of Appeals – the State's highest court – with regard to "life" issues: abortion, assisted suicide, the death penalty, cloning, healthcare rights of conscience, etc. It reviews the record of various judges of the Court of Appeals, concluding that the activist reputation the Court gained in past decades is no longer quite so warranted. As a general matter, the court's opinions tend to be well-reasoned and deferential to the legislature, though there is also a strong liberal bent to certain of the judge's opinions, particularly with regard to end-of-life and other contentious social issues.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
Indexed In: ['crossref']
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