| "Kaye —
Year in Review, 1996-1997 Term" |
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1998 The New York Court of Appeals Year in Review Foreword: "YEAR IN REVIEW" SHOWS COURT OF APPEALS CONTINUING ITS GREAT TRADITIONS Judith S. Kaye[1a] "There shall be a Court of Appeals . . . ."[1] With that decisive constitutional declaration 150 years ago, the Court of Appeals of the State of New York, the state's highest court, was born. During this landmark anniversary year, I am especially pleased to introduce your inaugural Year in Review issue. Often I have complained that insufficient scholarly attention is paid to the work of the state courts, [2] which determine roughly ninety-eight percent of the nation's litigation. [3]This Year in Review issue certainly rises to the challenge, providing serious analysis of significant Court of Appeals decisions of the September 1996 to August 1997 term. In reviewing the articles that follow, I was reminded that you should be careful what you wish for. Scholarly attention invariably means scholarly criticism. Like most of humanity, I suspect, being criticized has never been a favorite activity of mine. On balance, however, I welcome the thoughtful study of the Court's decisions, which have enormous impact on the everyday lives of New Yorkers. And I welcome the alliance: courts searching for the best path on unmarked terrain often turn to law reviews for insights. [4] The coincidence of our anniversary and your inaugural issue prompts me first to examine the Court of Appeals in its historical context before commenting on the term under review. |
 The Historical Society of the Courts of the State of New York |
