38 Cited authorities

Pension Benefit Guaranty Corp. v. R. A. Gray Co.
467 U.S. 717 (1984) Cited 759 times 4 Legal Analyses
Holding that retroactive aspects of legislation must satisfy due process, a burden "met simply by showing that the retroactive application of the legislation is itself justified by a rational legislative purpose"
Usery v. Turner Elkhorn Mining Co.
428 U.S. 1 (1976) Cited 927 times 1 Legal Analyses
Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"
United States v. Carlton
512 U.S. 26 (1994) Cited 181 times 12 Legal Analyses
Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"
United States v. Darusmont
449 U.S. 292 (1981) Cited 109 times 2 Legal Analyses
Holding that the permissible period of retroactivity for federal taxation statutes "has been confined to short and limited periods required by the practicalities of producing national legislation."
People v. Singer
44 N.Y.2d 241 (N.Y. 1978) Cited 328 times
Providing a defendant with a pre-trial hearing to determine whether a pre-indictment delay was reasonable
Long v. State
2006 N.Y. Slip Op. 5231 (N.Y. 2006) Cited 112 times
In Long v State of New York, 7 NY3d 269, 276 (2006), the Court of Appeals dismissed an unjust conviction claim because it was verified by counsel, not personally by the claimant, citing subdivision 4 and also quoting the 1984 Report of the Law Revision Commission that a claim "must be personally verified."
In the Matter of Gleason
96 N.Y.2d 117 (N.Y. 2001) Cited 125 times
Noting that the Legislature conveyed "a sense of immediacy," by, among other things, "direct[ing] that the amendment was to take effect immediately"
People v. Isaacson
44 N.Y.2d 511 (N.Y. 1978) Cited 237 times
Holding conviction based on police misconduct and trickery to secure drug sales violates due process
North v. Board of Examiners
2007 N.Y. Slip Op. 5781 (N.Y. 2007) Cited 92 times
In Matter of North v Board of Examiners of Sex Offenders of State of N.Y. (8 N.Y.3d 745, 753 [2007]), the Court of Appeals articulated that, in order to be a registerable offense in New York, "the 'essential elements' provision in SORA requires registration whenever an individual is convicted of criminal conduct in a foreign jurisdiction that, if committed in New York, would have amounted to a registerable New York offense."
Matter of Duell v. Condon
84 N.Y.2d 773 (N.Y. 1995) Cited 106 times
In Duell, the landlord argued that the underlying eviction proceeding fell outside the scope of Real Property Law § 234 because the proceeding was based on the tenant's failure to occupy the premises as a primary residence, a requirement mandated by law, not by the terms of the lease.
Section 11.9 - Revocation of certification
N.Y. Comp. Codes R. & Regs. tit. 5 § 11.9 Cited 15 times
(a) The commissioner may revoke the certification of a business enterprise upon a finding of any one of the following: (1) the business enterprise made material misrepresentations of fact on its application for certification or on a business annual report, or the business enterprise failed to disclose facts in its application for certification that would constitute grounds for not issuing a certification; (2) the business enterprise has failed to construct, expand, rehabilitate, invest in or operate

James Square Associates LP, et al., Respondents,v.Dennis Mullen, Commissioner New York State Department of Economic Development, et al., Appellants.

38 Cited authorities

Holding that retroactive aspects of legislation must satisfy due process, a burden "met simply by showing that the retroactive application of the legislation is itself justified by a rational legislative purpose"

Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"

Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"

Holding that the permissible period of retroactivity for federal taxation statutes "has been confined to short and limited periods required by the practicalities of producing national legislation."

Providing a defendant with a pre-trial hearing to determine whether a pre-indictment delay was reasonable

Noting that the Legislature conveyed "a sense of immediacy," by, among other things, "direct[ing] that the amendment was to take effect immediately"

Holding conviction based on police misconduct and trickery to secure drug sales violates due process

In Duell, the landlord argued that the underlying eviction proceeding fell outside the scope of Real Property Law § 234 because the proceeding was based on the tenant's failure to occupy the premises as a primary residence, a requirement mandated by law, not by the terms of the lease.