Court of Appeals of New York. Herrington v Village of Lansingburgh

1888 ◽  
Vol 36 (12) ◽  
pp. 766
Author(s):  
W. W. Thornton
Keyword(s):  
New York ◽  
2006 ◽  
Vol 34 (3) ◽  
pp. 629-631
Author(s):  
Susan Herrick

The Bazelon Center for Mental Health Law (the Center), founded as the Mental Health Law Project by a group of attorneys and mental health professionals, has been a major advocacy force promoting the civil rights of persons with mental disabilities since the 1972 New York Willowbrook litigation.Named for D. C. Circuit Court of Appeals Judge David L. Bazelon, whose opinions first articulated the principles that the mentally disabled have a right to treatment in the least restrictive alternative setting, the Center has actively pursued greater rights for the mentally disabled in housing, education, and federal entitlements such as Medicaid, as well as in treatment-related issues.


1989 ◽  
Vol 83 (3) ◽  
pp. 565-568
Author(s):  
Carlos M. Vázquez

Plaintiffs and respondents, Amerada Hess Shipping Corp. and United Carriers, Inc., were respectively the charterer and owner of the Hercules, a crude oil tanker that was bombed in international waters by Argentine military aircraft during the war over the Malvinas or Falkland Islands. The ship was severely damaged and had to be scuttled off the coast of Brazil. After unsuccessfully seeking relief in Argentina, the companies filed suit against defendant and appellant, the Argentine Republic, in the Southern District of New York. Plaintiffs argued that the federal courts had jurisdiction under the Alien Tort Statute (28 U.S.C. §1350 (1982)), which confers federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The district court dismissed the suit for lack of subject matter jurisdiction, holding that the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) is by its terms the sole basis of federal jurisdiction over cases against foreign states. A divided panel of the U.S. Court of Appeals for the Second Circuit reversed. The Supreme Court (per Rehnquist, C.J.) unanimously reversed the Second Circuit and held that the FSIA provides the exclusive basis of federal jurisdiction over suits against foreign states.


2020 ◽  
Vol 60 (1) ◽  
pp. 48-75
Author(s):  
William B Meyer

Abstract The decision of the New York Court of Appeals in Riggs v. Palmer (1889) is remarkable for the mass of discussion about a variety of fundamental issues that it has generated. Elmer Palmer was convicted of murdering his grandfather Francis, and the court refused to let him inherit under Francis’s will despite the absence of any explicit statutory grounds for voiding the legacy. An exercise in legal archaeology uncovering details that are stated only obliquely (or not at all) in the majority and dissenting opinions corrects a number of errors often made about the case. More speculatively, it suggests a new explanation of the result, one supported by a review of similar cases in other states in the same era and of the composition of the Court of Appeals in 1889: that the decision in Riggs is best understood as an ad hominem one, provoked by the unusually light punishment that Elmer had received for his crime and rationalized by an appeal to legal principles. If it was, much of what has been written about the decision and its significance is called into question.


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