History of Law Reporting
Generally
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For an in-depth discussion of the origins of official law reporting in New York, see John H. Moore, One Hundred Fifty Years of Official Law Reporting and the Courts in New York (6 Syracuse L Rev 273 [1955]; see also Julius J. Marke and Richard Sloane, Legal Research and Law Library Management, ch 10, Law Reporting in New York [2002 rev ed]; Denis P. Duffey, Jr., Genre and Authority: The Rise of Case Reporting in the Early United States, 74 Chi-Kent L Rev 263 [1998]).
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2.
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The statutory authority for law reporting originally contained in
chapter 68 of the Laws of 1804 is now found in Judiciary Law article 14.
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Beginnings
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On James Kent’s influence on law reporting, see generally John H. Langbein, Chancellor Kent and the History of Legal Literature (93 Colum L Rev 547 [1993]); Judith S. Kaye, Commentaries on Chancellor Kent (74 Chi-Kent L Rev 11 [1998]); and G. Edward White, The Chancellor’s Ghost (74 Chi-Kent L Rev 229 [1998]).
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2.
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Kent quotations: "When I came to the Bench . . ." is from Letter from James Kent to Thomas Washington, Esq. (Oct. 6, 1828) reprinted in An American Law Student of a Hundred Years Ago (2 Am L Sch Rev 547, 551 [1911]); "The reports of judicial decisions . . ." is from James Kent, 1 Commentaries on American Law (at 473 [2d ed 1832]).
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3.
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Kent-Johnson Collaboration: Kent quotation, "You retire with my gratitude . . ." is from Letter from James Kent to William Johnson (Apr. 29, 1823) as quoted in William Kent, Memoirs and Letters of Chancellor Kent (at 127 [1898]).
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4.
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On Kent’s criticism of Caines, see Donald M. Roper, The Elite of the New York Bar As Seen from the Bench: James Kent’s Necrologies (56 New-York Hist Soc’y Q 199, 212-213 [1972]); on quotation favorable to Caines (“reports were distinguished by brevity and accuracy . . .”), see H.W. Howard Knott, George Caines, in 3 Dictionary of American Biography 404-405 (1929); on the Caines-Jefferson correspondence, see Letter from George Caines to Thomas Jefferson (Mar. 10, 1801) in Thomas Jefferson Papers (Image 167) and Letter from Thomas Jefferson to George Caines (Mar. 21, 1801) in Thomas Jefferson Papers (Image 338); on Caines’ argument in People v Croswell, see William Peter Van Ness, The Speeches at Full Length of Mr. Van Ness, Mr. Caines, the Attorney General, Mr. Harrison, and General Hamilton: in the Great Cause of the People against Harry Croswell,on an Indictment for a Libel on Thomas Jefferson, President of the United States (1804).
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Expansion
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The 1892 statutory authority (L 1892, ch 598) for the selective reporting of lower court opinions in the Miscellaneous Reports is found in Judiciary Law § 431 (see also 22 NYCRR part 7300; Murray v Brancato, 290 NY 52 [1943]; Gary Spencer, Behind The Books, Reporter Selects, Cuts Official Opinions, NYLJ, Feb. 28, 1991, at 1, col 3; Comment, Discretionary Reporting of Trial Court Decisions: A Dialogue, 114 U Pa L Rev 249 [1965]).
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2.
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The 1896 rule requiring citation to the Official Reports was General Rules of Practice rule 43, adopted pursuant to Code of Civil Procedure § 17, effective January 1, 1896. Modern equivalents are found in CPLR 5529 (e); Rules of Court of Appeals (22 NYCRR) § 500.1 (a); § 500.5 (d) and § 510.1 (a); Rules of Appellate Division, First Department (22 NYCRR) § 600.10 (a) (11); and Rules of Appellate Division, Fourth Department (22 NYCRR) § 1000.4 (f) (7). The rule is restated in La Manna Concrete v Friedman (34 AD2d 576 [1970]); Matter of Bernstein (34 AD2d 965 [1970]); Disenhouse Assoc. v Mazzaferro (135 Misc 2d 1135 [1987]); and People v Matera (52 Misc 2d 674 [1967]).
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Consolidation
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The contract for the printing and publishing of the Official Reports (originally found in L 1847, ch 280, § 73) now is governed by Judiciary Law § 434 (see also Matter of Williams Press v Flavin, 35 NY2d 499 [1974]; Little v Banks, 85 NY 258 [1881]; Banks v Hun, 20 App Div 501 [1897]; Little v Banks, 77 Hun 511, 29 NYS 87 [Sup Ct, Gen Term 1894], affd 151 NY 669 [1897]; Little v Banks, 67 Hun 505, 22 NYS 512 [Sup Ct, Gen Term 1893]; People v Carr, 5 Silvernail 302, 23 NYS 112 [Sup Ct, Gen Term 1884]; Matter of Lenz & Riecker v Fitzpatrick, 129 Misc 2d 1068 [1986]; Matter of Lawyers Coop. Publ. Co. v Flavin, 69 Misc 2d 493
[1971]).
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2.
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On the Style Manual, see Gerald Lebovits, New Edition of State's "Tanbook" Implements Extensive Revisions in Quest for Greater Clarity (74 NY St BJ 8 [Mar./Apr. 2002]).
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New Technologies
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The IBM contracts: Agreements between James M. Flavin and International Business Machines Corporation (June 28, 1965 and July 10, 1967) (on file at New York State Law Reporting Bureau).
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2.
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The 1988 amendment on electronic publishing: L 1988 (ch 137) (codified at Judiciary Law § 434 [5] [b]).
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Above:
1948 Bureau picnic, from left: John T. Fitzpatrick, Anne Mitchell, James M. Flavin, unidentified woman, Harry Wolkin, unidentified woman, Henry Gould, Therese M. Landry, Irving Butler, leland F. Coss, and Gretchen Dolan.
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Above:
1948 Bureau picnic, from left: an unidentified woman, Henry Gould, Anne Mitchell, and Therese M. Landry.
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Above:
1948 Bureau picnic, from front left: James M. Flavin, Gretchen Dolan, John T. Fitzpatrick, unidentified wonam, and Therese M. Landry. Back row from left: Harry Wolkin, unidentified woman, Irving Butler, Henry Gould, and Leland F. Coss. Anne Mitchell (kneeling).
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