Vol. 74 No. 2, January 2011

Index

• New York Appeals: an evolving tradition.
• Lost profits for breach of contract: would the Court of Appeals apply the Second Circuit's analysis?
• A prevailing party can still be a "sore" winner on appeal under CPLR 5501(a) (1); raising alternative arguments that necessarily affect the final judgment to ensure winning on appeal.
• Pleading fraud in New York: CPLR 3016(b)'s heightened pleading standard and why it's important.
• New York State class actions: make it work - fulfill the promise.
• A practitioner's continued uncertainty: disclosure from nonparties.
• Recent interpretations of the CPLR by New York appellate courts.
• The Arbitration Fairness Act: performing surgery with a hatchet instead of a scalpel?
• The controversial contradiction between traditional precedent and recent failure to warn jurisprudence in New York.
• What do grapes and federal lawsuits have in common? Both must be ripe.
• Press freedom and private people: the life and times (and future) of Chapadeau v. Utica Observer-Dispatch.
• Dissenting: why do it?
• Dissent & vindication in the departments: an empirical study.
• The First Department: an empirical study of the court at the heart of New York City.
• Quality in numbers? The dynamics of decision-making in the Second Department.
• An empirical study of dissent at the Supreme Court, Appellate Division, Third Department.
• An empirical study of the vindicated dissents of the New York Appellate Division, Fourth Department, from 2000 to 2010.
• Closing the loophole: Shea's Law and DWI blood draws in New York State under Vehicle and Traffic Law s. 1194(4) (a) (1).
• The truth behind "final and binding" arbitration: a study of vacated arbitration awards in the New York Appellate Division.
• State & local economic sanctions: the constitutionality of New York's divestment actions and the Sudan Accountability & Divestment Act of 2007.