The Article proceeds as follows: in Part A, the preservation doctrine is defined. In Part B, the history of the preservation doctrine is described. In Part C, there is an explanation as to the purpose of preservation. In Part D, there is a description of the appellate process in New York. In Part E, the statutory rules of the New York Court of Appeals are described. In Part F, there is a description of how the rules of preservation have loosened in New York since 2009. In Part G, there is a statistical analysis of the consequences of loosening the rules of preservation in New York. Finally, Part H shows how loosening the rules of preservation impacts the efficiency of appellate courts.
Recommended CitationYuval Simchi-Levi, Preservation: What Is It Good for?, 37 Pace L. Rev. 175 (2017)
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