Ordered Liberty: A Constitutional History of New York

By Peter J. Galie | Go to book overview

recognized the real problems facing New York and embodied the felt need of the time in responding to them.


NOTES
1
Wilbert L. Hindman, " The New York Constitutional Convention of 1938: The Constituent Process and Interest Group Activity (Ph.D Diss., University of Michigan, 1940), pp. 3-8.
2
These arguments are quoted in Hindman, "The Convention of 1938", p. 10.
3
The New York Times, October 27, 1936, p. 24. Editorial opinion around the state was generally unfavorable.
4
These categories are developed more fully by Hindman, "The Convention of 1938", pp. 18-21.
5
Moscow, Politics in the Empire State, p. 75-76.
6
Hindman, The Convention of 1938, suggests some reasons for the American Labor Party's decision to split their support, as well as the reasons for Republican successes.
7
as quoted in Hindman, "The Convention of 1938"," p. 47.
8
New York Times, June 9, 1937, p. 6.
9
Hindman, "The Convention of 1938", p. 73.
10
Ibid., pp. 82-83.
11
Laws of New York, Chap. 804 ( 1933); Chap. 12 ( 1935).
12
People ex rel. Rodgers v. Coler, 166 N.Y. 1 ( 1901).
13
City of New York v. DeLury, 23 N.Y. 2d 175 ( 1968).
14
Supreme Court decisions have also contributed to this supercession, especially EEOC v. Wyoming, 460 U.S. 226 ( 1983); Garcia v. San Antonio Metro Transit Authority, 469 U.S. 528 ( 1985).
15
Matter of Esler v. Walters, 56 N.Y. 2d 306 ( 1982).
16
299 N.Y. 512 ( 1949).
17
Revised Record of the Constitutional Convention of the State of New York, 1938, 4 vols. ( Albany: J. B. Lyon, 1938), IV, pp. 2626-2627 (hereafter cited as Rev. Rec., 1938).
18
Galie, The New York Constitution, pp. 57-58.
19
There was, however, statutory protection going back to 1828, Revised Statutes, Pt. I, Chap. 4 (sec. 11).
20
Rev. Rec., I p. 337.
21
Ibid., I, p. 368. An informative discussion of the debate over issues in the context of Dewey's rise to prominence can be found in Lawrence Fleischer, " Thomas E. Dewey and Earl Warren: The Rise of the Twentieth Century Urban Prosecutor, California Western Law Review, 28 ( 1991- 1992), pp. 26-31.
22
Ibid., I, pp. 407-408.
23
Ibid., I, pp. 336-40; 406ff.
24
People v. Defore, 242 N.Y. 13 ( 1926).
25
291 N.Y. 161 ( 1943).
26
See the cases discussed in Galie, The New York Constitution, pp. 58-62.
27
388 U.S. 41 ( 1967).
28
New York Criminal Procedure Law, Sec. 700.15 (4). ( McKinney, 1984).
29
People v. Cosmo, 205 N.Y. 91, at 97 ( 1912).

-259-

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