The Crucible of Public Policy : New York Courts in the Progressive Era / Bruce W. Dearstyne.

Format:

Book

Author/Creator:

Dearstyne, Bruce W. (Bruce William), 1944- author.

Series:

Excelsior editions.

Excelsior Editions

Language:

English

Subjects (All):

Political questions and judicial power--New York (State)--History--20th century.

Political questions and judicial power.

Physical Description:

1 online resource (316 pages)

Edition:

First edition.

Place of Publication:

Albany, NY : State University of New York Press, [2022]

Summary:

Relates the dramatic role of New York courts in shaping public policy on key reform legislation in the progressive era.

Contents:

Intro

Contents

Acknowledgments

Introduction

Chapter 1 Monitoring the Expansive State

Court of Appeals as Rudder, Arbiter, and Buffer

New Ideas for a New Century

The Court's Middle Course for a New Century

Judges Explain and Defend the Courts

Judges Need to be Independent

Courts do not Reach out for Power

Courts Just Follow the Constitution

Courts are Bound by Tradition but Open to New Ideas

Courts Protect Individual Liberty

The Court of Appeals Is Actually Progressive

There are Too Many Defective Laws

Judges Advance Justice Through Common Law

Chapter 2 The Right to Privacy

Technology and Media Outdistance the Law

The Courts' Ambivalence

Retrofitting the Law

Two New York Courts Say Yes to the Right to Privacy

Marshaling the Arguments for the Court of Appeals

The Chief Judge Says no to the Right to Privacy

Warren and Brandeis Originated the Concept of Right to Privacy

The Concept of Right to Privacy Has no Precedent in Law or Court Decisions

Hurting Someone's Feelings is not a Crime

Supporting Abigail Roberson's Claim Would Open the Floodgates to Privacy Litigation

This Is Beyond the Courts' Authority

it is Up to the Legislature

Dissenting Judges Assert the Right to Privacy

Previous Court Decisions Implicitly Recognize the Right to Privacy

This is An Assault on Abigail Roberson, not Just Hurt Feelings

The Law Needs to Catch Up With Social Changes

Unauthorized Use of a Photograph is Harmful

A Rare Response to Public Criticism

The Limits of the Law

Privacy and Politics

Chapter 3 The Case That Helped Change Constitutional History and Launch a Quest for the Presidency

New York's Entry into Regulating Business

Marshaling the Legal Arguments

The Chief Judge as a Judicial Statesman

The Majority of the Court Endorses the Law.

The Fourteenth Amendment and a Comparable Clause in the New York State Constitution Were Not Intended to Infringe the State's Po

Changing Conditions Warrant Changing Regulations

Courts Should not Second-guess the Legislature

The Public Interest is Served by Sanitary Bakeries

Regulating Working Hours Is Tied to Public Health Concerns

Three Judges Say No

New Yorkers Square off in Washington

Parker Versus Peckham for More than a Century

The Public Interest is Served by the Regulation at Issue

The Fourteenth Amendment does not Prohibit Reasonable Regulation

The Debate Goes on

Chapter 4 The Chief Judge Runs for President

The Politically Astute Chief Judge

Judicial Statesman

The Convention's Choice

Endorsing Sound Monetary Policy

A Modest Campaign Kickoff

Low-profile Campaign

Controversy at the End of the Campaign

Voters Endorse the President and Reject the Judge

Alton Parker as Senior Statesman

Chapter 5 Public Health and Individual Rights

Medical Breakthrough and Public Policy

Taking the School to Court

After a Decade, A Major Court Challenge to State Law

The Court's Decision: Vaccination Requirement is Valid

The Requirements are Clearly Within the State's Police Power

The Requirements are Reasonable for Schools

There is a "common Belief" in the Vaccine's Effectiveness

The Limits of a "common Belief"

Back to the Legislature

State's Responsibility Evolves

Chapter 6 The Insanity Defense on Trial

Show Trial and Public Spectacle

Round 1: Hung Jury

Round 2: Temporary(?) Insanity

Round 3: Confinement, Appeals, Escape

Round 4: Freedom

The Insanity Defense on Trial

Chapter 7 The Debut of the Administrative State

The Need for a New Approach to Regulation

The Powerful New Commission Charts a Cautious Path.

The Supreme Court Appellate Division Endorses the Law

The Company's Appeal: Delegation of Rate Setting to a Commission is Unconstitutional and Dangerous

Village, Attorney General, and Public Service Commission: This Law is Constitutional

Court of Appeals: The Legislature's Delegation of Authority is Constitutional

A Foothold for the Administrative State

Chapter 8 The Administrative State in Action

Taking State Regulation to a Higher Level

Benign Regulators

A Smooth Path in Court

Courts Have Power To Review Commission Orders

Courts Shunt Decisions To The Commission

Courts Defer To The Commission

Courts Support The Commission

Courts Limit The Commission

The Commission Uses The Courts As A Buffer

The Administrative State Endures

Chapter 9 State Protection Denied for Women Workers

Benevolent Protection or Intrusive Paternalism?

Energetic Enforcement

Constitutional Challenge

Trial Court: The Night-work Ban is Unconstitutional

The Supreme Court Appellate Division: The Night-work Ban is Unconstitutional

The State's Case: This Law Appropriately Protects Women

The Defendant's Case: This Law Violates Women's Rights

The Court of Appeals: Women are Not "wards of the State"

Pondering the Decision

Chapter 10 State Protection Affirmed for Women Workers

Launching a Test Case

Documenting the Case Against Night Work

Appealing for Public Support

Appellate Division: The Night-work Ban is Justified

The Defendant's Case: Women have a Right to Work in Factories at Night

The State's Case: New York Must Protect Women

A Flood of Legal Briefs

The Court of Appeals Upholds the Law

Chapter 11 Workers' Compensation Denied

Workplace Accidents Take a Toll

A State Commission Recommends a Bold New Departure

A Bold New State Policy.

Injured Worker Earl Ives: The Law is Constitutional

Liability Law's Champions: The Law is Constitutional

South Buffalo Railway: The Law is Unconstitutional

Court's Ruling: The Law is "plainly Revolutionary" and Unconstitutional

The Law is Revolutionary

The Law is the Result of Careful, Detailed Study and Addresses a Recognized Social Need

But Under Our Constitutional System, Massive Evidence and Public Opinion are not Enough

Some Provisions of the Law are Clearly within Legislative Authority

Fatal Objection #1: Violation of Due Process

Fatal Objection #2: The Slippery Slope

Fatal Objection #3: The Law Exceeds the State's Police Power

Chapter 12 Workers' Compensation Affirmed

Changing the State Constitution to Support Reform

Politics and Workers' Compensation

A Powerful State Program

Court Of Appeals, 1915: The Workmen's Compensation Law is "fundamentally Fair" and Constitutional

Us Supreme Court, 1917: The New York Workmen's Compensation Law is "a Just Settlement of a Difficult Problem" and Constitutional

Conclusion

New York Courts "reasonably Successful and Satisfactory"

Notes

Selected Bibliography

Index

About the Author.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Dearstyne, Bruce W. The Crucible of Public Policy

ISBN:

9781438488592

1438488599

OCLC:

1313884192