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Evaluating Candidacy Restrictions: The Implications of New York’s Modified Approach

By   /  February 10, 2014  /  Constitutional Law, Featured 

Gavel with Book

Appellant Daniel Ross appealed from a decision of the Appellate Division, Second Department which upheld the constitutionality of a residency requirement mandating that the fifth member of the Southold town board, an elected position, reside on Fishers Island. In reaffirming the constitutionality of the statutory provision, the New York Court of Appeals held that the impact of the residency requirement on the Southold residents’ voting rights was incidental and minimal, and as such a rational basis standard of review, rather than a strict scrutiny standard, was appropriate.

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Don’t Feed the Deer: Misapplications of Statutory Vagueness and the First Amendment Overbreadth Doctrine

By   /  November 27, 2013  /  1st Amendment, Constitutional Law, Featured 


Appellant Robert Gabriel was convicted in the Town of Highland Justice Court for violating a provision of the New York State Environmental Conservation Law prohibiting feeding wild white-tailed deer or wild moose save for five enumerated exceptions. On appeal, the County Court addressed three issues: first, whether sufficient evidence existed to convict the appellant of feeding white-tailed deer in violation of the statute; second, whether the statute was unconstitutionally vague, both facially and as applied; and third, whether the statutory limitation upon First Amendment rights was unconstitutionally overbroad.

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