History of the Law of Real Property in the State of New York

1895 ◽  
Vol 4 (6) ◽  
pp. 241
Author(s):  
Robert Ludlow Fowler
Keyword(s):  
New York ◽  
1895 ◽  
Vol 43 (6) ◽  
pp. 415
Author(s):  
W. H. L. ◽  
Robert Ludlow Fowler
Keyword(s):  
New York ◽  

1935 ◽  
Vol 50 (2) ◽  
pp. 297
Author(s):  
Ralph H. Gabriel ◽  
Alexander C. Flick
Keyword(s):  
New York ◽  

1941 ◽  
Vol 35 (5) ◽  
pp. 933-940
Author(s):  
Leonard S. Saxe

The Judicial Council and Its Objectives. My assignment is to implement Professor Sunderland's brilliant primer on judicial councils by a more specific presentation utilizing the experiences of the New York State Judicial Council. Of the three elements that enter into a consideration of the judicial branch of government, the first—the substantive law, the law of rights and duties—is not within the province of the judicial council either in New York or elsewhere. The second element—the machinery of justice—is the principal field of the judicial council. If the council does its work well in that field, attention cannot fail to be focused upon the third and most important element—also part of a judicial council's problems—the judicial personnel.


2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.


Author(s):  
Rafael Sanzio Araújo dos Anjos

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988. 


2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.


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