By Alec G.H. Levesque
During law school, he interned twice at the Albany County District Attorney’s Office, as well as for the Third Judicial District Administrative Office. In addition, he interned in the Health Law Clinic at the Edward P. Dwyer Justice Center.
Alec wrote this paper for Professor Bonventre’s Court of Appeals Intensive Seminar.
When conflict arises that threatens a society’s very existence, every parameter of that society is put to the test–especially, perhaps, its legal institutions. Although perilous, it is this test that often provides the amplest opportunity for the law to evolve. In the case of the United States, while many may believe that this evolution stems exclusively from the Supreme Court, that court is far from alone.
This paper examines how New York's highest court, the Court of Appeals, has contributed to the nation’s law during periods of major conflict in the United States. This was true for the Civil War, World War I, the Great Depression, World War II, and modern civil rights movements.
The purpose of the paper is to show that (1) the Court has historically played a leading role in shaping the law during such periods, and (2) that the conflict has conversely had a substantial effect on the Court’s own evolution.
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To read the paper, open HERE.
