The Supreme Court heard arguments on Monday in the case of Milavetz, Gallop & Milavetz v. the United States. The specifics of the case were discussed in a series of articles in the New York Law Journal Monday and yesterday by Marcia Coyle. The Milavetz & Gallop firm, based outside Minneapolis, Minnesota, along with some of their clients, … [Read more...]
United States Supreme Court Addresses Life Sentences for Juvenile Defendants
In the United States today there are more than more than twenty-two hundred (2,200) juveniles who are incarcerated as adults. These juveniles are serving life sentences without the ability to obtain parole (to be released from jail prior to the end of their sentence). Among the twenty-two hundred (2,200) juveniles, there are some prisoners who are … [Read more...]
Getting a Common Law Marriage Recognized in New York
Common Law Marriage Versus Regular Marriage The majority of states have laws establishing that marriages are only recognized when created with a marriage license and an official marriage ceremony. This is very important because many rights are dependant on the existence of a valid marriage. For instance, only a wife is entitled to an equitable … [Read more...]
Two Articles from This Blog Featured on GetLegal.com
Two articles that originally appeared on this blog were recently featured at GetLegal.com. One article which originally appeared here was published at GetLegal at the very end of last month: COMMENTARY: Fetal Homicide Laws & Legal Abortion - The Common Denominator The other article which originally appeared here was published this past … [Read more...]
Jewish Groups Support Reversal of NY Court’s Nullification of Rabbinic Arbitration Decision
As reported here, and as Mitchell Rubenstein predicted, the Appellate Division of the Supreme Court will consider a teacher's appeal of a Kings County Supreme Court's nullification of a rabbinical arbitration panel's decision in an employment case. Following a dispute between the Hebrew Academy of Five Towns and Rockaway and one of its teachers, … [Read more...]
Does E-Mailing a New Yorker Give the State Jurisdiction Over You?
Norm Simon and Samantha Ettari wrote an article for Monday's edition of the Metropolitan Corporate Counsel magazine regarding how New York's long-arm statute (§ 302(a)(1)) may give New York courts jurisdiction over non-New Yorkers by merely sending e-mail to someone in New York! Mr. Simon and Ms. Ettari surveyed a number of recent cases that … [Read more...]
Do the Police Need a Warrant to Attach a GPS Tracking Device to Your Car? (Updated)
Right now, it depends which part of New York you live in. In Westchester and Albany, the police do not need a warrant to place a GPS tracking device on your car, but in Nassau County they do. On March 24th, the New York Court of Appeals heard oral arguments (video here) in the case of People v. Weaver, which will probably lay out a uniform rule … [Read more...]
Should New York Be Able To Tax Out-of-State Telecommuters?
Edward Zalinsky, a Tax professor at Cardozo Law School (Yeshiva University's law school in New York City), wrote an interesting article at the Oxford University Press Blog. In it, he explained how he sometimes telecommutes from his home in Connecticut to his job in New York City. He did not include the income he made that he felt was attributable … [Read more...]
After Gant, Is New York’s Car Search Rule Stricter, More Lenient or Juuuust Right?
Last week, the Supreme Court announced the groundbreaking decision of Arizona v. Gant, significantly limiting the police's ability to conduct searches of automobiles "incident to a lawful arrest" without either a warrant or probable cause. Before the Gant case, however, New York courts have consistently interpreted the State Constitution much more … [Read more...]
N.Y. Validates License-less Religious Marriages But Not N.J., Unless…
Prof. Howard M. Friedman, at the Religion Clause blog, has posted another very interesting case relating to New York Domestic Relations Law. He reported on the case of Matter of Farraj, decided by the Surrogate's Court in Kings County last week. In that case, Rabaa M. Hanash, the decedent Daoud Farraj's wife, petitioned the court for an accounting … [Read more...]