The Supreme Court and the American Family. By Eva R. Rubin (New York: Greenwood, 1986. 251p. $35.00).

1988 ◽  
Vol 82 (3) ◽  
pp. 996-997
Author(s):  
Gayle Binion
Keyword(s):  
New York ◽  
Supreme Court ◽  
American Family ◽  
The Supreme Court

The Constitutionality of Involuntary Civil Commitment of Opiate Addicts

1988 ◽  
Vol 18 (4) ◽  
pp. 641-661 ◽  
Author(s):  
Michael P. Rosenthal
Keyword(s):  
New York ◽  
Supreme Court ◽  
Civil Commitment ◽  
The United States ◽  
Involuntary Treatment ◽  
Large Numbers ◽  
Narcotic Trafficking ◽  
The Supreme Court ◽  
Opiate Addicts ◽  
The 1960S

This paper deals with the constitutionality of involuntary treatment of opiate addicts. Although the first laws permitting involuntary treatment of opiate addicts were enacted in the second half of the nineteenth century, addicts were not committed in large numbers until California and New York enacted new civil commitment legislation in the 1960s. Inevitably, the courts were called upon to decide if involuntary treatment was constitutional. Both the California and New York courts decided that it was. These decisions were heavily influenced by statements made by the United States Supreme Court in Robinson v. California. The Robinson case did not actually involve the constitutionality of involuntary treatment; it involved the question of whether it was constitutional for a state to make addiction a crime. Nevertheless, the Supreme Court declared (in a dictum) that a state might establish a program of compulsory treatment for opiate addicts either to discourage violation of its criminal laws against narcotic trafficking or to safeguard the general health or welfare of its inhabitants. Presumably because the Robinson case did not involve the constitutionality of involuntary treatment of opiate addicts, the Supreme Court did not go into that question as deeply as it might have. The California and New York courts, in turn, relied too much on this dictum and did not delve deeply into the question. The New York courts did a better job than the California courts, but their work too was not as good as it should have been.

scholarly journals Retiring Forum Non Conveniens

2018 ◽  
Author(s):  
Maggie Gardner
Keyword(s):  
New York ◽  
Supreme Court ◽  
Federal Courts ◽  
New York University ◽  
The Supreme Court ◽  
Recent Developments ◽  
Forum Non Conveniens ◽  
Scope Of Application

92 New York University Law Review 390 (2017)When it comes to transnational litigation in the federal courts, it is time to retire the doctrine of forum non conveniens. The doctrine, which allows judges to decline jurisdiction in cases they believe would be better heard in foreign courts, is meant to promote international comity and protect defendant fairness. But it is not well-designed for the former purpose, and given recent developments at the Supreme Court, it is dangerously redundant when it comes to the latter. This Article seeks to demythologize forum non conveniens, to question its continuing relevance, and to encourage the courts and Congress to narrow its scope of application so that, when the time is right, it may be fully interred.

The Living River

Power Lines ◽  
2014 ◽  
Author(s):  
Andrew Needham
Keyword(s):  
New York ◽  
Supreme Court ◽  
Colorado River ◽  
New York Times ◽  
Grand Canyon ◽  
Public Lands ◽  
National Interest ◽  
Sierra Club ◽  
The Pacific ◽  
The Supreme Court

This chapter addresses how The New York Times challenged the long-held claims of Arizona officials that their state was entitled to a portion of the Colorado River by rights, a claim recently upheld by the Supreme Court. The paper also argued that Arizona's attempt to realize those claims endangered the Colorado River and the Grand Canyon itself. Transforming the flowing energy of water into flowing electricity, the Times suggested, was not in the national interest. Such critiques of Arizona's growth emerged in the wake of the Interior Department's development of the Pacific Southwest Water Plan, a plan designed in 1963 to realize Arizona's Colorado River claims. The critiques emerged from several different conservationist groups, but most powerfully from the Sierra Club, which was gradually changing the description of its politics from “conservation” to “environmentalism” and assuming a far more public voice in disputes over the proper use of public lands.

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