Albany Law Review
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JUSTICE OR INJUSTICE: A HISTORY AND CRITIQUE OF THE NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
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Introduction to the Ninth Annual Chief Judge Lawrence H. Cooke Symposium, High Courts, Center Seat: Chief Justices at Albany Law School; and 'The Lippman Top Ten'.
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Joyce L. Kennard: an independent streak on California's highest court.
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Santa Fe Independent School District v. Doe: mapping the future of student-led, student-initiated prayer in public schools.
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THE GROWING CANNABIS PROBLEM: A LOOK AT MARIJUANA-RELATED BANKRUPTCIES AND THE INFEASIBILITY OF THE FEASIBILITY DOCTRINE.
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Missing the target: where the Geneva conventions fall short in the context of targeted killing.
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THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS.
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SEA CHANGE: NEW YORK STATE CLASS ACTIONS; MAKING IT WORK, FULFILLING THE PROMISE.
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Dubai ports world under Exon-Florio: a threat to national security or a tempest in a seaport?
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Regulating litigation under the Protection of Lawful Commerce in Arms Act: economic activity or regulatory nullity?
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With courage and passion: the inspired leadership of chief justice Shirley S. Abrahamson.
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Double jeopardy.
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LETHAL REJECTION: AN EMPIRICAL ANALYSIS OF THE ASTONISHING PLUNGE IN DEATH SENTENCES IN THE UNITED STATES FROM THEIR POST-FURMAN PEAK.
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That baby: Justice Jackson's writings about a grandchild, and vice versa.
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New York intellectual property law review.
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Of elephants, donkeys, and black sheep in their midst: state action doctrine thwarts Log Cabin Republicans' bid to gain a place in GOP's tent.
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Robert H. Jackson: head of state?
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A legal matter: peer-to-peer file sharing, the Digital Millennium Copyright Act, and the higher education opportunity act: how Congress and the entertainment industry missed an opportunity to stem copyright infringement.
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The historical development of SEQRA: March 15, 2001.
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Comparing injustices: truth, justice, and the system.
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Chief Justice Christine M. Durham: trailblazer, pioneer, exemplar.
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Do precedents take precedence? Stare decisis and Oregon constitutionalism.
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Now and always our chief: the honorable Judith S. Kaye.
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Abraham Wagner.
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Perpetuities perpetuated: Symphony Space, Inc. v. Pergola Properties, Inc.
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The role of market forces in transnational violence.
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The fortification of an emergency regime.
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State & local economic sanctions: the constitutionality of New York's divestment actions and the Sudan Accountability & Divestment Act of 2007.
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Universal background checking - New York's SAFE Act.
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Anything goes: a history of New York's gift and loan clauses.
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International human rights and United States law: predictions of a courtwatcher.
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Editor's foreword.
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Contested elections as secret weapon: legislative control over judicial decision-making.
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Union strategies in privatizations: Shakespeare-inspired alternatives.
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Albany's decade of corruption: public integrity enforcement after Skilling v. United States, New York's dormant honest services fraud statute, and remedial criminal law reform.
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Judge Harold A. Stevens.
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Judge Carmen Beauchamp Ciparick: a kind and talented jurist.
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Punting in the First Amendment's red zone: the Supreme Court's 'indecision' on the FCC's indecency regulations leaves broadcasters still searching for answers.
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A tribute to presiding Justice Anthony V. Cardona: vision and resolve.
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Human cloning and genetic engineering: the case for proceeding cautiously.
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Justice denied? The exceptional clearance of rape cases in Los Angeles.
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The right to a "minimally adequate education" as guaranteed by the Mississippi Constitution.
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Intersectionality as "catch 22": why identity performance demands are neither harmless nor reasonable.
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Recent interpretations of the CPLR by New York appellate courts.
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The comparative analysis of tax incentives provided by the United States, the United Kingdom, and Russia to domestic and foreign businesses.
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Independent state constitutional adjudication in Massachusetts: 1988-1998.
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CONVICTIONS OF INNOCENT PEOPLE WITH INTELLECTUAL DISABILITY.
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The mandatory constitutional convention question referendum: the New York experience in national context.
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Nuremberg's legacy continues: the Nuremberg trials' influence on human rights litigation in U.S. courts under the Alien Tort Statute.
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De-naturalizing criminal law: of public perceptions and procedural protections.
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SERVING TWO MASTERS? PUBLIC ETHICS AND THE REGULATION OF FINANCIAL CONFLICTS OF INTEREST IN THE ADMINISTRATIVE STATE.
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Procedural justice and information in conflict-resolving institutions.
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A TIME FOR CHOOSING AND A TIME FOR FREE SPEECH: MINNESOTA VOTERS ALLIANCE V MANSKY AND THE CONSTITUTIONALITY OF ELECTION DAY APPAREL BANS.
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Arrested development: an analysis of the Oregon Supreme Court's free speech jurisprudence in the post-Linde years.
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The impact of "fair use" in the higher education community: a necessary exception.
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A "great" day for academic freedom: the threat posed to academic freedom by the Supreme Court's decision in Garcetti v. Ceballos.
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MEMORANDUM OF LAW OF REGIONAL NEWS NETWORK IN SUPPORT OF ITS MOTION FOR LIMITED INTERVENTION AND APPLICATION TO PROVIDE AUDIO-VISUAL COVERAGE OF TRIAL PROCEEDINGS.
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Protecting New York's children: an argument for the creation of a rebuttable presumption against awarding a spouse abuser custody of a child.
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CHOICE OF WHAT? THE NEW YORK COURT OF APPEALS DEFINES THE PARAMETERS OF CHOICE-OF-LAW CLAUSES IN MULTIJURISDICTIONAL CASES.
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When does a gambling prohibition not prohibit gambling? Or an alternative Mad Hatter's riddle and how it helps us to understand constitutional change in New York.
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Confronting the elephants in the courtroom through prosecutor led diversion efforts.
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Reconceptualizing the law of nuisance through a theory of economic captivity.
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Gender role incongruence and the adjudication of criminal responsibility.
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Health reform and the Supreme Court: the ACA survives the battle of the broccoli and fortifies itself against future fatal attack.
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Chief Judge Jonathan Lippman: a new era.
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Whitehead's metaphysics and the law: a dialogue..
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Posthumous paternity testing: a proposal to amend EPTL 4-1.2(a)(2)(D).
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THE NEW YORK STATE BAR ASSOCIATION'S PROPOSED AMENDMENT TO CPLR 5501: A NON-SOLUTION TO A NON-PROBLEM.
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If legislators fail, who is there to follow?
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Without legal obligation: compensating the wrongfully convicted in Australia.
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One nation, indivisible: American "Indian country" in the wake of city of Sherrill V. Oneida Indian nation.
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Editor's foreword.
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QUALIFIED IMMUNITY: WHERE DO WE GO FROM HERE?
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Social norms as a substitute for law.
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Extraordinary wrongful convictions, ordinary errors - why measurement matters.
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Chief Judge Lawrence H. Cooke Sixth Annual State Constitutional Commentary Symposium: the State of State Courts: Albany Law School: Dean Alexander Moot Courtroom: Thursday, March 8, 2012, 1 p.m.: welcome & opening remarks.
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New York State Bar Association: Report of the Task Force on Nonlawyer Ownership.
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I'D WAGER IT'S TIME FOR A CHANGE: RECONSIDERING NEW YORK STATE'S CONSTITUTIONAL PROHIBITION AGAINST GAMBLING.
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Invasion of privacy v. commercial speech: regulation of spam with a comparative constitutional point of view.
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CPLR Article 78 proceedings and interlocutory appeals during an Article 78 proceeding.
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Ad-In/Ad-Out: deciding victory and defeat in affirmative action legal contestations.
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Restraining notices.
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Reconciling normative and empirical approaches to judicial selection reform: lessons from a bellwether state.
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EDITOR'S FOREWORD.
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Why should I have to tell them? The necessary role of the judiciary in achieving reform.
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The Moebius Strip: private right and public use in copyright law.
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Civil disobedience in the Supreme Court: retroactivity and the compromise between formal and substantive justice.
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FROM THE CLOSET TO THE BOARDROOM: REGULATING LGBT DIVERSITY ON CORPORATE BOARDS.
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Reflections on the twenty-fifth anniversary of Roe v. Wade.
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Stanley G. Feldman: what one lawyer can do.
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Dedication to Dean Alicia Ouellette.
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In dedication to Chief Justice Christine M. Durham.
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When dad reached across the aisle: how Mario Cuomo created a bipartisan Court of Appeals.
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Discussion on the state of state courts.
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Stanley G. Feldman: federalism and the state courts.
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Analysis of environmental and economic damages from British Petroleum's Deepwater Horizon oil spill.
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A DEADLY COMBINATION: VIOLENT POLICE TRAINING, RACIAL BIAS, AND LENIENT COURTS.
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Michigan v. Long: a twenty year retrospective.
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Violence against women and the asylum process.
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Advances and departures in the criminal law of the states: a selective critique.
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"OFFICIAL FAKES": THE CONSEQUENCES OF GOVERNMENTAL TREATMENT OF FORGED ANTIQUITIES AS GENUINE DURING SEIZURES, PROSECUTIONS, AND REPATRIATIONS.
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Where America ends and the international order begins: interpreting the jurisdictional reach of the U.S. Constitution in light of a proposed Hague Convention on jurisdiction and satisfaction of judgments.
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A dissenting opinion.
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Domestic partnership, civil unions, or marriage: one size does not fit all.
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A liberal theocracy: philosophy, theology, and Utah constitutional law.
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Our teacher and friend: David D. Siegel.
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Judge Carmen Beauchamp Ciparick: an extraordinary judge and public servant.
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Written constitutions, democracy and judicial interpretation: the hobgoblin of judicial activism.
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Perspectives: foreword.
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JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19.
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The increasingly fractious politics of nonpartisan judicial selection: accountability challenges to merit-based reform.
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Tribute to Judge Stewart F. Hancock, Jr.
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Judicial review under SEQRA: a statistical study.
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Where science conflicts with common sense: Eyewitness identification reform in massachusetts.
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Banks and brokers and bricks and clicks: an evaluation of FINRA's proposal to modify the "bank broker-dealer rule".
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A tribute to law and humanity: Judge Vito J. Titone.
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Convicts in court: felonious lawyers make a case for including convicted felons in the jury pool.
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Virtuous judges and electoral politics: a contradiction?
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A CONVERSATION WITH JUSTICE SONIA SOTOMAYOR.
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The circuitous journey to the patients' bill of rights: winners and losers.
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Safeguarding the right to a sound basic education in times of fiscal constraint.
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Reining in interim relief's cottage industry: a call to resolve Jiggetts.
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Seeking justice, compromising truth? Criminal admissions and the prisoner's dilemma.
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Gender, race, and partisanship on the Michigan Supreme Court.
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New York at a crossroads: sustaining a government reform agenda on the frontlines with executive, legislative and judicial reform initiatives.
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Leniency as a miscarriage of race and gender justice.
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LABOR LAW ARTICLE 6: A MISUNDERSTOOD LAW THAT FULLY PROTECTS ALL EMPLOYEES' WAGES.
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The future of honest services fraud.
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Procreative rights in assisted reproductive technology: why the angst?
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ALBANY LAW REVIEW FALL 2017 SYMPOSIUM: SANCTUARY CITIES.
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Gas transmission facilities: the limits on home rule.
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Rulemaking without rules: an empirical study of direct final rulemaking.
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Seeking justice in the Empire State: Court of Appeals broadens the reach of long arm jurisdiction and clarifies the statutory guidelines for application of CPLR section 302(a)(1).
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Citation by U.S. courts to decisions of international tribunals in international trade cases.
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Grandparents' visitation rights: the constitutionality of New York's Domestic Relations Law section 72 after Troxel v. Granville.
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A champion for African freedom: Paul Robeson and the struggle against apartheid.
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Truth, justice, and the American style plea bargain.
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Indian tribes and gun regulation: should tribes exercise their sovereign rights to enact gun bans or stand-your-ground laws?
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Don't text, talk, and walk: the emerging smartphone defense in personal injury litigation.
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ERISA failures and the erosion of workers' rights: the urgent need to protect private & public workers' pensions and benefits.
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What is a "search" within the meaning of the Fourth Amendment?
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THE MAYHEM OF WRONGFUL LIBERTY: DOCUMENTING THE CRIMES OF TRUE PERPETRATORS IN CASES OF WRONGFUL INCARCERATION.
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American drug laws: the new Jim Crow.
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Does an Equal Rights Amendment make a difference?
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Metamorphosis: from statistics into cockroaches, a response to Professor Cohen's a study of invidious racial discrimination in admissions at Thomas Jefferson High School for Science and Technology: Monty Python and Frank Kafka meet a probit regression.
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Taking confrontation seriously: does Crawford mean that confessions must be cross-examined?
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AIDS as a chronic illness: a cautionary tale for the end of the twentieth century.
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Law & economics and tort law: a survey of scholarly opinion.
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The parameters of the substantial justification test as established by the Supreme Court in Lunding v. New York Tax Appeals Tribunal.
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What can dissents teach us?
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Dedication.
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Taking private property to build an urban sports arena: a valid exercise of eminent domain powers?
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Wrongful conviction: how a family survives.
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Indian country in cyber space: Bella Hess and commerce clause constraints on interstate, mail-order transactions.
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CORPORATE GOVERNANCE CASE FOR BOARD GENDER DIVERSITY: EVIDENCE FROM DELAWARE CASES.
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THE HONORABLE SHEILA ABDUS-SALAAM: TRAILBLAZER.
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Poverty and welfare: does compassionate conservatism have a heart?
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LET'S BE REASONABLE: WHY NEW YORK COURTS NEED TO EMBRACE THE FEDERAL STANDARD FOR ANALYZING POLICE-CIVILIAN ENCOUNTERS.
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Criticizing the economic analysis of franchise encroachment law.
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Remembering the Honorable Thomas M. Whalen III.
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LOCAL GOVERNANCE, PAY EQUITY, AND THE PANDEMIC: APPLYING NEW YORK CITY HUMAN RIGHTS LAW TO SALARY NEGOTIATION.
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Resentencing after the "fall" of Rockefeller: the failure of the drug law reform acts of 2004 and 2005 to remedy the injustices of New York's Rockefeller Drug Laws and the compromise of 2009.
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A judge in full: Wallace Jefferson of Texas.
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EDITOR'S FOREWORD.
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Court of Appeals emphatically reaffirms New York's at-will employment doctrine.
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Robert H. Jackson, public servant.
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Changing roles: the Supreme Court and the state high courts in safeguarding rights.
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Editor's foreword.
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FINANCIAL CRIMES AGAINST THE ELDERLY AS A HATE CRIME IN NEW YORK STATE.
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Backing out of a constitutional ditch: constitutional remedies for gross prosecutorial misconduct post Thompson.
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The Green Mountain boys still love their freedom: criminal jurisprudence of the Vermont Supreme Court.
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BLURRED VISIONS OF NATIVE AMERICANS: COGNIZING CULTURAL DIFFERENCE IN PROPERTY THEORY.
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The Ohio Modern Courts Amendment: 45 years of progress.
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The genial Justice: Robert H. Jackson.
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State constitutional decision-making and principles of equality: revisiting Baker v. State and the question of gender in the marriage equality debate.
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Reconceptualizing domestic violence in international law.
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A tribute to Judge Matthew Jasen.
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New York's not so "SAFE" Act: the Second Amendment in an 'Alice in Wonderland' world where words have no meaning.
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Eroding the public's confidence in judicial impartiality: first amendment federal jurisprudence and special interest financing of judicial campaigns.
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Me and Mr. Jones: a systems-based analysis of a catastrophic defense outcome.
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Regulating the Internet.
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The virtues of uncertainty.
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Foreign law and opinion in state courts.
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Crying out for change: a call for a new child abuse hearsay exception in New York State.
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Gender, victimization, and evolving state standards: A study of New York and Michigan sexual assault legislation.
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State laws and the independent judiciary: an analysis of the effects of the Seventeenth Amendment on the number of Supreme Court cases holding state laws unconstitutional.
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BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, FOURTH EDITION.
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Judicial campaign speech restrictions: some litigation nuts and bolts.
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New York tax warrants: in the strange world of deemed judgments.
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A cause of action for damages under the state constitution.
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BEHIND THE MASK: ANALYZING LEGAL POWERS TO MANDATE FACE COVERINGS IN PUBLIC PLACES AMID A GLOBAL PANDEMIC.
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SPLITS IN DECISION-MAKING: COMPARING THE LEADERSHIP STYLES OF CHIEF JUDGE KAYE AND CHIEF JUDGE LIPPMAN.
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Curbing the incentive for pension padding: correcting the employer contribution mismatch.
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THE MYTH OF LIBERTY AND JUSTICE FOR ALL: GUARDIANSHIP IN NEW YORK STATE.
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A conviction integrity initiative.
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ARE WOMEN GETTING AN EQUAL CHANCE TO ARGUE AT THE NEW YORK COURT OF APPEALS? TEN YEARS OF ARGUMENT DATA PAINT A TROUBLING PICTURE.
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A survey of federal and state courts' approaches to a constitutional right of actual innocence: is there a need for a state constitutional right in New York in the aftermath of CPL s. 440.10(G-1)?
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Battling the threat: the successful prosecution of domestic violence after Davis v. Washington.
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The politics of a second class right: free exercise in contemporary America.
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The fall of free exercise: from 'no law' to compelling interests to any law otherwise valid.
