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What Are You Going to Do About It? Ethics and Corruption Issues in The
What Are You Going to Do About It? Ethics and Corruption Issues in the New York State Constitution By Bennett Liebman Government Lawyer in Residence “What Are You Going to Do About It?” Ethics and Corruption Issues in the New York State Constitution By Bennett Liebman Government Lawyer in Residence Government Law Center Albany Law School Edited by Andrew Ayers and Michele Monforte April 2017 Cover image: “The Prevailing Candidate, or the Election carried by Bribery and the Devil,” attributed to William Hogarth, circa 1722. It depicts a candidate for office (with a devil hovering above him) slipping a purse into a voter’s pocket, while the voter’s wife, standing in the doorway, listens to a clergyman who assures her that bribery is no sin. Two boys point to the transaction, condemning it. Image courtesy of the N.Y. Public Library. Explanation of the image is drawn from the Yale Library; see http://images.library.yale.edu/walpoleweb/oneitem.asp?imageId= lwlpr22449. CONTENTS I. Introduction ....................................................................... 3 II. Ethics Provisions in the State Constitution ........ 5 A. Extant Ethics Provisions in the Constitution .............. 5 B. Banking and Ethics ....................................................... 6 C. The Canal System and Ethics ..................................... 11 D. Bribery and Ethics....................................................... 15 E. Free Passes, Rebates, and Ethics ............................... 23 III. Restrictions on the Authority of the State Legislature -
2012 Canvass Book
MONROE COUNTY BOARD OF ELECTIONS 39 WEST MAIN STREET ROCHESTER, NEW YORK 14614 (585) 753-1550 TTD# 753-1544 PETER M. QUINN THOMAS F. FERRARESE COMMISSIONER COMMISSIONER DOUGLAS E. FRENCH COLLEEN ANDERSON DEPUTY COMMISSIONER DEPUTY COMMISSIONER OFFICIAL CANVASS OF THE BOARD OF CANVASSERS OF THE COUNTY OF MONROE www.monroecounty.gov/elections IN RELATION TO THE VOTES GIVEN AT THE VILLAGE ELECTIONS HELD ON THE TWENTIETH DAY OF MARCH, AND THE NINETEENTH DAY OF JUNE, THE PRESIDENTIAL PRIMARY ELECTION HELD ON THE TWENTY FOURTH DAY OF APRIL, THE FEDERAL PRIMARY ELECTION HELD ON THE TWENTY SIXTH DAY OF JUNE, THE STATE AND LOCAL PRIMARY ELECTION HELD ON THE THIRTEENTH DAY OF SEPTEMBER AND THE GENERAL ELECTION HELD IN SAID COUNTY ON THE SIXTH DAY OF NOVEMBER 2012 We, Peter M. Quinn and Thomas F. Ferrarese, Board of Elections of the County of Monroe, having canvassed the votes cast at the following elections, do hereby certify that the candidates listed below received the votes set opposite their names: CANVASS OF VILLAGE ELECTION RESULTS March 20, 2012 SCOTTSVILLE VILLAGE TRUSTEE – 4 YEAR TERM Traditional Village, Richard W. Clark ....................................................................................... 20 Votes Working For Scottsville, James M. Clark .................................................................................. 21 Votes June 19, 2012 BROCKPORT VILLAGE TRUSTEE Revitalize Brockport, Margay Blackman ................................................................................. 571 Votes Revitalize Brockport, -
Prison Ships
Br. J. Am. Leg. Studies 10(2) (2021), DOI: 10.2478/bjals-2021-0002 Prison Ships Robert M. Jarvis* ABSTRACT In 2026, New York City plans to close the VERNON C. BAIN, America’s only currently- operating prison ship. Although prison ships have a long history, both in the United States and elsewhere, surprisingly little has been written about them. Accordingly, this article first provides a detailed overview of prison ships. It then surveys the U.S. case law generated by them. KEYWORDS Hulks, Prisoners, Prisoners of War, Prisons, Ships CONTENTS I. Introduction ......................................................................................283 II. Definitions and Scope ......................................................................284 III. History .............................................................................................288 A. Use During Wartime ......................................................................288 1. By Foreign Countries .....................................................................288 2. By the United States .......................................................................292 B. Use During Peacetime ..................................................................293 1. By Foreign Countries .....................................................................293 2. By the United States .......................................................................300 IV. U.S. Case Law ...................................................................................316 A. Mere Mention -
Government, Law and Policy Journal
NYSBA SPRING 2010 | VOL. 12 | NO. 1 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School The New York State Constitution • When Is Constitutional Revision Constitutional Reform? • Overcoming Our Constitutional Catch-22 • The Budget Process • Proposals to Clarify Gubernatorial Inability to Govern and Succession • Ethics • More Voice for the People? • Gambling • Would a State Constitutional Amendment Promote Public Authority Fiscal Reform? • Liberty of the Community • Judging the Qualifications of the Members of the Legislature “I am excited that during my tenure as the Chair of the Committee on Attorneys in Public Service our Technology Subcommittee, headed by Jackie Gross and Christina Roberts-Ryba, with assistance from Barbara Beauchamp of the Bar Center, have developed a CAPs blog. This tool promises to be a wonderful way to communicate to CAPS Announces attorneys in public service items of interest New Blog for and by that they might well otherwise miss. Blogs Public Service Attorneys are most useful and attract the most NYSBA’s Committee on Attorneys in Public Service interest when they are (“CAPS”) is proud to announce a new blog highlighting current and updated interesting cases, legal trends and commentary from on a regular basis, and around New York State, and beyond, for attorneys our subcommittee is practicing law in the public sector context. The CAPS committed to making blog addresses legal issues ranging from government the CAPS blog among practice and public service law, social justice, the Bar Association’s professional competence and civility in the legal best! profession generally. -
History of New York State
16 Facts & Photos Profiles of New York State History of New York State The first peoples of New York are estimated to have ar- land for a league and opens up to form a beautiful lake. rived around 10,000 BC. Around AD 800, Iroquois an- This vast sheet of water swarmed with native boats”. He cestors moved into the area from the Appalachian region. landed on the tip of Manhattan and perhaps on the fur- The people of the Point Peninsula Complex were the pre- thest point of Long Island. decessors of the Algonquian peoples of New York. By around 1100, the distinct Iroquoian-speaking and In 1535, Jacques Cartier, a French explorer, became the Algonquian-speaking cultures that would eventually be first European to describe and map the Saint Lawrence encountered by Europeans had developed. The five na- River from the Atlantic Ocean, sailing as far upriver as tions of the Iroquois League developed a powerful con- the site of Montreal. federacy about the 15th century that controlled territory throughout present-day New York, into Pennsylvania Dutch and British colonial period around the Great Lakes. For centuries, the Mohawk culti- vated maize fields in the lowlands of the Mohawk River, On April 4, 1609, Henry Hudson, in the employ of the which were later taken over by Dutch settlers at Dutch East India Company, departed Amsterdam in com- Schenectady, New York when they bought this territory. mand of the ship Halve Maen (Half Moon). On Septem- The Iroquois nations to the west also had well-cultivated ber 3 he reached the estuary of the Hudson River. -
Supreme Court of the United States ————
No. IN THE Supreme Court of the United States ———— SHELDON SILVER, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— JOEL COHEN STEVEN F. MOLO STROOCK & STROOCK Counsel of Record & LAVAN LLP ROBERT K. KRY 180 Maiden Lane JUSTIN V. SHUR New York, New York 10038 MOLOLAMKEN LLP (212) 806-5644 430 Park Avenue New York, New York 10022 (212) 607-8160 [email protected] Counsel for Petitioner WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D.C. 20002 QUESTIONS PRESENTED Section 1957 of Title 18, United States Code, prohibits “knowingly engag[ing] or attempt[ing] to engage in a monetary transaction in criminally derived property of a value greater than $10,000 [that] is derived from speci- fied unlawful activity.” 18 U.S.C. §1957(a). The ques- tions presented are: 1. Whether §1957 requires the Government to trace funds in a transaction involving a withdrawal from a com- mingled account, precluding a conviction where the ac- count contains sufficient clean funds to cover the transfer. 2. Whether the court of appeals contravened this Court’s decisions in Sekhar v. United States, 133 S. Ct. 2720 (2013), and Skilling v. United States, 561 U.S. 358 (2010), by finding sufficient evidence to support Mr. Sil- ver’s convictions for extortion and honest services fraud. (i) ii PARTIES TO THE PROCEEDINGS BELOW Petitioner Sheldon Silver was defendant in the district court and appellant in the court of appeals. -
SIENA RESEARCH INSTITUTE Hochul Leads Corwin, 42% to 38
SIENA RESEARCH INSTITUTE SIENA COLLEGE, LOUDONVILLE, NY www.siena.edu/sri For Immediate Release: Saturday, May 21, 2011 Contact: Dr. Don Levy at 518-783-2901 or [email protected] PDF version; crosstabs; website: www.Siena.edu/SRI/SNY Siena College 26 th Congressional District Poll: Hochul Leads Corwin, 42% to 38% among Likely Voters Hochul Viewed Most Favorably; Davis Candidacy Fades Medicare, Federal Budget Deficit, and Jobs, Top Issues as Voters Decide on Next Member of Congress Loudonville, NY. Days before Election Day, Democrat Kathy Hochul holds a four point lead, 42 to 38 percent over Republican Jane Corwin according to a Siena (College) Research Institute poll of likely 26 th CD voters released today. Viewed more favorably than Corwin or independent Jack Davis, Hochul has moved from trailing Corwin by five points, 36 to 31 percent, in Siena’s April 29 poll to having a lead three days before the election. Davis has dropped as the choice of likely voters from 23 to only 12 percent. “With the eyes of the nation focusing on Western New York, Democrat Kathy Hochul has moved from trailing Republican Jane Corwin by five to leading by four points as independent Jack Davis has seen his support cut in half falling from twenty-three percent three weeks ago to only twelve percent today,” said Dr. Don Levy, Siena College pollster and Director of the Siena Research Institute. If the election was today, who would you vote for? Jane Corwin Kathy Hochul Jack Davis Ian Murphy Don’t Know/ No Opinion May 21 Apr. -
STATE of NEW YORK COMMISSION on JUDICIAL CONDUCT in The
STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT In the Matter ofthe Proceeding Pursuant to Section 44, subdivision 4, ofthe Judiciary Law in Relation to AGREED LARRY M. HIMELEIN, STATEMENT OF FACTS a Judge ofthe County Court, Family Court and Surrogate's Court, Cattaraugus County. Subject to the approval ofthe Commission on Judicial Conduct ("Commission"): IT IS HEREBY STIPULATED AND AGREED by and between Robert H. Tembeckjian, Esq., Administrator and Counsel to the Commission, and Honorable Larry M. Himelein ("respondent"), who is represented by Terrence Connors, Esq., that further proceedings are waived and that the Commission shall make its determination upon the following facts. ProceduralII~tory 1. Respondent was served with a Formal Written Complaint dated March 3, 2009, alleging inter alia that, in connection with pending litigation and other efforts by judges and justices ofthe Unified Court System to secure enactment by the Legislature ofa pay raise for the judiciary, he (A) disqualified himselffrom cases in which parties were represented by law fmns that include members ofthe Legislature, not because he could not be impartial but as a tactic intended to force ilie Legislature to pass a judicial pay raise, (B) encouraged other judges to recuse themselves from cases "illvolving legislators or their law finns, without regard to their ability to be impartial, as a "weapon" in the effort to secure a pay raise, and in doing so denigrated those judges who refused, (C) made public comments concerning the pay raise litigation and (D) made denigrating comments about legislators and, in particular, the Speaker ofthe Assembly, Sheldon Silver. 2. -
And So Should You Difiore’S Star Outshines Pirro Cuomo Taps DA for Chief Judge in NY Highest Court
WESTCHESTER’S OLDEST AND MOST RESPECTED NEWSPAPERS Vol 124 Number 50 www.RisingMediaGroup.com Friday, December 11, 2015 Operation Santa Claus: West. Delegation Answers A Westchester Tradition After Silver Conviction From left are Len Spano, Al Ciuffetelli, Santa Claus with Jimmy Dingee, Joe Ciuffetelli, News 12 anchor Janine Rose with a student from the Westchester School for Special Children, former Sen. Nick Spano, Mayor Mike Spano and emcee Carol Wilkinson. One of the great Westchester holiday tradi- “Chippy” Flynn, Roy Lesten, and Nick Spano – tions is the annual Operation Santa Claus holiday who continues to serve as Operation Santa Claus party brunch, which raises funds to assist children honorary chairman. Spano has been out of office and adults with developmental disabilities. This for 10 years but continues his passion of helping year’s brunch was held Dec. 6 at the Fairway’s at those in the community with disabilities. Dunwoodie. Last week, Operation Santa Claus awarded Former Assembly Speaker and now convicted felon Sheldon Silver, left, with former State The tradition of Operation Santa Claus has $15,000 in grants for several area organizations Senate Majority Leader Dean Skelos, who is also on trial for corruption. been handed down from former State Sens. John Continued on Page 9 The recent conviction of former New exchange for his official acts, and for masking York State Assembly Speaker Sheldon Silver these payments by disguising them as income on seven felony counts of using his official from a personal injury law firm, gives another position to receive nearly $4 million in bribes black mark on the most dysfunctional govern- Santa Visits Habitat – and kickbacks from people and businesses in Continued on Page 8 And So Should You DiFiore’s Star Outshines Pirro Cuomo Taps DA for Chief Judge in NY Highest Court By Dan Murphy Westchester District Attor- ney Janet DiFiore’s selection by Gov. -
Down to the Wire… David Morgan (Front Row Staving Off a Financial Apocalypse
Newstablet Edition - 17/05/11 http://www.LibertyNewspost.com Down to the wire… David Morgan (Front Row staving off a financial apocalypse. Tired of politics and sex Washington) Ryan’s comments came a day scandals? There are also the Submitted at 5/17/2011 8:57:57 AM after Senate Republican Leader fortunes of war, both the lucrative Mitch McConnell advised CNN’s kind and the kind that remind us House Budget Committee viewers to see the approaching how warfare can be bad for your Chairman Paul Ryan expects his default deadline as a source of health. fellow Republicans to wait until opportunity. Reuters Photo Credits: Chip East the“last minute” to strike a Meanwhile, inflation worries (National Debt); Jason Reed (Paul deal that averts national default by buttressed by still-way-high gas Ryan); Stoyan Nenov (Alexander raising the $14.3 trillion limit on prices are driving U.S. states to the Great Coin); Lucas Jackson the U.S. debt. consider making silver and gold (body painter paints campaign Failure to reach a deal could coins legal tender. South Carolina Newt, currently on the defensive, primary state of South Carolina slogans during campaign fund- trigger a new global financial is the latest to consider legislation is being taken to the woodshed … and the out-of-the-running raiser); Phelan Ebenehack crisis, according to analysts and to that effect, joining over two- today by one of the strongest governor of Mississippi (Disney) Democrats including President dozen others in a trend that began conservative voices in the United who wants the reluctant governor Click here for more political Barack Obama. -
United States District Court for the Southern District of New York
Case 1:15-cr-00093-VEC Document 12 Filed 02/24/15 Page 1 of 34 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v. No. 15 Cr. 93 (VEC) SHELDON SILVER, Defendant. DEFENDANT’S MOTION TO DISMISS INDICTMENT BASED ON THE PROSECUTION’S IMPROPER EXTRAJUDICIAL STATEMENTS Joel Cohen Steven F. Molo STROOCK & STROOCK & LAVAN LLP Robert K. Kry 180 Maiden Lane Justin V. Shur MOLO LAMKEN LLP New York, New York 10038 540 Madison Avenue Telephone: (212) 806-5644 New York, New York 10022 Facsimile: (212) 806-6006 Telephone: (212) 607-8160 Facsimile: (212) 607-8161 Attorneys for Defendant February 24, 2015 Case 1:15-cr-00093-VEC Document 12 Filed 02/24/15 Page 2 of 34 TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... 1 BACKGROUND ............................................................................................................................ 2 A. Mr. Silver’s Arrest .................................................................................................. 3 B. The U.S. Attorney’s Press Conference ................................................................... 4 C. The Media Blitz Continues ..................................................................................... 7 ARGUMENT ................................................................................................................................ 11 I. The U.S. Attorney’s Statements Flagrantly Violated Applicable Publicity -
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35(6257(' 67$1'$5' 3(50,7 :+,7(3/$,161< Vol. V No. XXVIII Thursday, July 14, 2011 :HVWFKHVWHU·V0RVW,QIOXHQWLDO:HHNO\ More at Risk +PZVYNHUPaLK+PZVYNHUPaLK 3DJH Ad Libs *YPTPUHSZ*YPTPUHSZ 3DJH 32nd Montreal Jazz Fest 9VIPU+H/VVK9VIPU+H/VVK 3DJH Mr. Rory McIlroy 3DJH Callas, A Bit Callous 3DJH Cruising in a Chevy Cruze 3DJH The Cohen, Shafran, Proulx Shuffle 3DJH Modern Day Serfdom )`:HTAOLYRH7HNL 3DJH westchesterguardian.com PAGE 2 THE WESTCHESTER GUARDIAN THURSDAY, JULY 14, 2011 Of Significance FeatureSection Feature Section ...........................................................................2 HUMOR Humor .....................................................................................2 Community Section ...................................................................3 Books ........................................................................................3 Northern Westchester .............................................................4 The Anatomy of Humor—One-Liners Energy Issues ...........................................................................5 By THE WESTCHESTER JOKESTER Life ...........................................................................................6 In this segment we explore the One-liners are useful for eliciting quick, cheap family of jokes known as “one-liners.” laughs, although they can become tiresome to Ed Koch Movie Reviews .........................................................7 Shakespeare’s observation by Polonius audiences if used to excess by a performer. One Music .......................................................................................8