The History of the New York Court of Appeals: 1932-2003

From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; torts; the right to control personal medical care; and abortion. This comprehensive history completes a two volume series that began with __The History of the New York Court of Appeals, 1847-1932__. Each case is richly recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained. Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. They examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law.

Markets for capital, products, and managerial talent are expanding rapidly across national borders, yet domestic laws and practices have never had greater impact on corporate structures and cross-border deals. Investors pursuing high returns and diversification, entrepreneurs seeking capital, and managers endeavoring to restructure troubled enterprises now routinely face transaction counter-parties who operate within different legal and political systems, and who rank social priorities quite differently.

This dynamic tension between global markets and domestic institutions fuels the debate on corporate governance reform now raging in virtually every region of the world. It also frames the intellectual agenda of the distinguished contributors to this volume, who examine such issues as the possible convergence of corporate governance practices around the world, national variations in the quality of corporate law, and the fiduciary responsibilities corporate managers around the world owe to their shareholders. Among the book's many insights is the contention that "globalization" and "global markets" are misleading terms, because they mask the local quality of much of the activity occurring within those rubrics. Case studies focus on France, Germany, Italy, Japan, Korea, Taiwan, and the transition economies of Eastern Europe.

Columbia University Press

"This comprehensive history completes a two-volume series that began with The History of the New York Court of Appeals, 1847-1932. Each case is recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained." "Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. The examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law."--BOOK JACKET

With its new subtitle, Romance Literatures of the World, the book series mimesis presents an innovative and integral understanding of the Romance world and Romance Studies from the perspective of literary studies and cultural theory. It takes account of the fact that the fascinating development of Romance literatures and cultures both in Europe and beyond has set in motion worldwide dynamics which continue the great traditions of the Romance world and open up new horizons for them. mimesis works from a transareal understanding of Romance Studies which integrates Romance literatures and cultures both within and outside Europe and which transcends the national and disciplinary boundaries which often conceal the interactions between different traditions and developments in Europe and the Americas, in Africa and Asia. In the archipelago of Romance Studies, mimesis reveals how the representation of reality in the Romance literatures of the world opens the door to a multilingual cosmos of diverse logics.

Table of Contents Preface 1. A Brief Overview of the Court of Appeals 2. Jurisdiction of the Court of Appeals 3. Interrelation of the Court of Appeals, the Legislature, and the Executive 4. Common Law and the Court of Appeals 5. Statutory Interpretation 6. Form of Opinions and Reports 7. The Great Depression 8. New Judicial Federalism 9. Motion Picture Censorship 10. Obscenity, Indecency, and Immorality 11. Religion 12. Real Property 13. Contracts 14. Torts 15. Corporations 16. Arbitration 17. Criminal Law 18. Evidence 19. Conflict of Laws 20. Procedure 21. Education 22. Abortion, Right to Control Own Medical Care, and Some Related Matters 23. Family Law 24. Election Law 25. Antitrust and Restraints on Competition 26. Picketing and Labor Relations 27. The Chief Judges’ Contributions: State of the Judiciary Notes Subject Index Table of Statutes Table of Cases Markets for capital, products and managerial talent are expanding rapidly across national borders, yet domestic laws and practices have never had greater impact on corporate structures and cross-border deals. Investors, entrepreneurs and managers now routinely face counterparts who operate within different legal systems and who do not share similar social priorities. This dynamic tension between global markets and domestic institutions fuels the debate on corporate-governance reform raging worldwide Provides legal, social and political contexts for various cases, showing how the law has evolved over time. This book examines the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression. It outlines cases in which the judges ruled on the government's role in legislating morals and morality. Investors and managers now routinely face counterparts who operate within different legal systems and who do not share similar social priorities. This tension between global markets and domestic institutions fuels the debate on corporate-governance reform; it also frames the debate in this volume The problem of corporate self-dealing is a manifestation of the fundamental "agency problem" pervading corporate law (Jensen and Meckling 1976).