Albany Law Review
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Selling death short: the regulatory and policy implications of viatical settlements.
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LETTERS FROM CARDOZO TO POUND.(New York)
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THE HUMANITARIAN STOWAWAY.
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Welcome and Opening Remarks; Keynote Address; Panel Discussion.
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Joyce L. Kennard: an independent streak on California's highest court.
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The continuing battle over the Second Amendment.
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THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS.
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The designated nonpublic forum: remedying the Forbes mistake.
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Race: a legal, historical, scientific, and personal issue.
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Card check labor certification: lessons from New York.
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Decision-making at the Second Circuit: Judges Barrington D. Parker, Jr. and Robert D. Sack.
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Justice denied? The exceptional clearance of rape cases in Los Angeles.
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Constitutional "stuff": house cleaning the New York Constitution.
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Regulating litigation under the Protection of Lawful Commerce in Arms Act: economic activity or regulatory nullity?
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Judge Harold A. Stevens.
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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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That baby: Justice Jackson's writings about a grandchild, and vice versa.
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Dissonant harmonization: limitations on "cash n' carry" creativity.
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Robert H. Jackson: head of state?
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THE SINGLE-SUBJECT RULE: A STATE CONSTITUTIONAL DILEMMA.
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The paths of the law: historical consciousness, creative democracy, and judicial review.
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(BLOW THE) WHISTLE WHILE YOU WORK: NEW YORK LABOR LAW SECTION 740, THE REMEDIAL NATURE OF ITS AMENDMENTS, AND ITS RETROACTIVE APPLICABILITY.
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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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Disregarding intent: using statistical evidence to provide greater protection of the laws.
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Comparing injustices: truth, justice, and the system.
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A modest relativism.
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A modest proposal for advancing animal rights.
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The historical development of SEQRA: March 15, 2001.
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"A decent respect to the opinions of mankind": referring to foreign law to express American nationhood.
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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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Chief Justice Christine M. Durham: trailblazer, pioneer, exemplar.
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Human cloning and genetic engineering: the case for proceeding cautiously.
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When justice fails: collateral damage.
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GIDEON GOES TO SCHOOL: AN ARGUMENT FOR A RIGHT TO APPOINTED COUNSEL IN SCHOOL DISCIPLINARY PROCEEDINGS.
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People v. Cahill: domestic violence and the death penalty debate in New York.
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THE STATE OF PHYSICAL INJURY AND SERIOUS PHYSICAL INJURY IN NEW YORK CRIMINAL LAW.
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New Hampshire: "live free or die," but in the meantime ...
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MOLINEUX MEETS #METOO: EVALUATING THE MEDIA'S COVERAGE OF PEOPLE V. WEINSTEIN AND THE NEW YORK COURT OF APPEALS.
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SEA CHANGE: NEW YORK STATE CLASS ACTIONS; MAKING IT WORK, FULFILLING THE PROMISE.
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Idiots and insane persons: electoral exclusion and democratic values within the Ohio Constitution.
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With courage and passion: the inspired leadership of chief justice Shirley S. Abrahamson.
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A tribute to presiding Justice Anthony V. Cardona: vision and resolve.
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The right to a "minimally adequate education" as guaranteed by the Mississippi Constitution.
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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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Redefining the right to reproduce: asserting infertility as a disability under the Americans with Disabilities Act.
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Juvenile execution, terrorist extradition, and supreme court discretion to consider international death penalty jurisprudence.
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Zeran v. AOL and the effect of Section 230 of the Communications Decency Act upon liability for defamation on the internet.
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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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The application of labor relations and discrimination statutes to lay teachers at religious schools: the Establishment Clause and the pretext inquiry.
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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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Law and social innovation: lawyering in the conceptual age.
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International human rights and United States law: predictions of a courtwatcher.
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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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"What we have seen has been terrible" public presentational torture and the communicative logic of state terror.
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Confronting the elephants in the courtroom through prosecutor led diversion efforts.
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Pleading fraud in New York: CPLR 3016(b)'s heightened pleading standard and why it's important.
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Federalism is alive and well and living in New York: Honorable Hugh R. Jones Memorial Lecture.
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The real "Contract with America": the original intent of the Tenth Amendment and the Commerce Clause.
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A MATTER OF DUE REGARD: POLICE MISCONDUCT, THE NEW YORK STATE COURTS, AND THE EMPTINESS OF THEORETICAL JUSTICE.
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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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Whitehead's metaphysics and the law: a dialogue..
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Judge Bernard S. Meyer: first merit appointee to the New York Court of Appeals.
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Detainees.
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The federal sentencing guidelines and the pursuit of fair and just sentences.
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Correction.
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A case of good intentions: the Vermont Supreme Court and state constitutional protection of civil rights and liberties.
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Violence against aboriginal women in Australia: possibilities for redress within the international human rights framework.
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Government reform from an executive perspective.
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Enron - the bankruptcy heard around the world and the international ricochet of Sarbanes-Oxley.
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Establishing and rebutting maternity: why women are at a loss despite the advent of genetic testing.
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THE HONORABLE SHEILA ABDUS-SALAAM: TRAILBLAZER.
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Coming to terms with strict and liberal construction.
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LEGAL FICTION: READING LOLITA AS A SENTENCING MEMORANDUM.
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Sidestepping justice? Adjournments in contemplation of dismissal in misdemeanor court.
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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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Bridging the gap between the "have" and the "have-nots": the ACA prohibits insurance coverage discrimination based upon infertility status.
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EDITOR'S FOREWORD.
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Abraham Wagner.
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The role of market forces in transnational violence.
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The Honorable Matthew J. Jasen.
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That twinkle in his eyes.
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"The American breed": Nazi eugenics and the origins of the Pioneer Fund.
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The trials of indigent defense: type of counsel and case outcomes in felony jury trials.
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Advancing the rule of law through judicial selection reform: is the New York Court of Appeals judicial selection process the least of our concerns in New York?
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A tribute to the honorable Hugh R. Jones.
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A MEDICAL/LEGAL PERSPECTIVE ON STEM CELL THERAPY: A SCIENTIFIC BREAKTHROUGH OR SNAKE OIL?
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Quid leges sine moribus vanae proficient: a balancing approach to the postmortem application of the attorney-client privilege.
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APPLYING THE FIRST AMENDMENT TO THE INTERNAL REVENUE CODE: MINNESOTA VOTERS ALLIANCE AND THE TAX LAW'S REGULATION OF NONPROFIT ORGANIZATIONS' POLITICAL SPEECH.
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HOW STATE COURTS CAN HELP AMERICA RECOVER THE RULE OF LAW: THE PENNSYLVANIA EXPERIENCE.
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A lesson from the New York teacher tenure challenge: Distinguishing legislative action from inaction within positive rights analysis.
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The fate of childhood: legal models of children and the parent-child relationship.
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Constitutionally speaking, does retention matter?
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Panel discussion on recent U.S. Supreme Court free speech decisions & the implications of these cases for American society.
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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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The governor - from figurehead to Prime Minister: a historical study of the New York state constitution and the shift of basic power to the Chief Executive.
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Justice for all? The Supreme Court's denial of pro se petitions for certiorari.
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Remembrances of the honorable Harold R. Tyler, Jr.
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The assault weapons ban - politics, the Second Amendment, and the country's continued willingness to sacrifice innocent lives for 'freedom'.
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Civic engagement and education - a chief passion for the chief, Christine Durham.
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State constitutional criminal adjudication in Washington since State v. Gunwall: "articulable, reasonable and reasoned" approach?
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The thirst of fracking: regulating to protect the linchpin of the natural gas boom.
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A supreme injustice.
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AIDS as a chronic illness: a cautionary tale for the end of the twentieth century.
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CORPORATE GOVERNANCE CASE FOR BOARD GENDER DIVERSITY: EVIDENCE FROM DELAWARE CASES.
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Chief judge Lawrence H. Cooke Fifth Annual State Constitutional Commentary Symposium: great women, great chiefs: opening remarks.
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JUDGES BEHAVING BADLY ... CLINICS FIGHTING BACK: THE STRUGGLE FOR SPECIAL IMMIGRANT JUVENILES IN STATE DEPENDENCY COURTS IN THE AGE OF TRUMP.
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Controlling conduct: the emerging protection of sodomy in the military.
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Editor's foreword.
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What "tough on crime" looks like: how George Pataki transformed the New York State Court of Appeals.
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In defense of specific proportionality review.
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A tribute to David D. Siegel.
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Political cycles of life and death: capital punishment as public policy in California.
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The Casey Anthony trial and wrongful exonerations: how 'trial by media' cases diminish public confidence in the criminal justice system.
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"Honor the craft": personal reflections on the judicial legacy of the Honorable Matthew J. Jasen.
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State constitutional law in the land of steady habits: Chief Justice Ellen A. Peters and the Connecticut Supreme Court.
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Law & economics and tort law: a survey of scholarly opinion.
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NEW YORK'S EXCITED UTTERANCE HEARSAY EXCEPTION: AVE ATQUE AND VALE?
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Should antitrust principles be used to assess insurance residual market mechanisms, such as New York's medical malpractice insurance plan?
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Crisis in the Gulf of Mexico: is new federal legislation the answer and if so, to what question?
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Support the troops: renewing angst over Massachusetts v. Laird and endowing service members with effectual First and Fifth Amendment rights.
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Requiem for a heavyweight: Costa as countermonument to McDonnell Douglas - a countermemory reply to instrumentalism.
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On account of race or color: race as corporation and the original understanding of race.
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Union strategies in privatizations: Shakespeare-inspired alternatives.
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Regionalism revisited: the effort to streamline governance in Buffalo and Erie County, New York.
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Selective reaction to atrocity: war crimes and the development of international criminal law.
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AMERICAN SQUATTER.
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The development of independent New York constitutional jurisprudence in Chief Judge Kaye's judicial opinions: an empirical study.
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Slavery in the 21st century and in New York: what has the state's legislature done?
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The governmental attorney-client privilege: whether the right to evidence in a state grand jury investigation pierces the privilege in New York State.
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DISGORGEMENT ACCOUNTING AFTER LIU V. SEC IN SECURITIES ENFORCEMENT CASES.
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Civil forfeiture as a remedy for corruption in public and private contracting in New York.
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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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The Indiana Supreme Court's voting patterns in criminal decisions.
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Stanley G. Feldman: federalism and the state courts.
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Michigan v. Long: a twenty year retrospective.
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Exceptional freedom - the Roberts Court, the First Amendment, and the new absolutism.
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The myth of misogyny: a reanalysis of women's inheritance in Islamic law.
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Why Daimler accommodates personal jurisdiction in mass tort litigations.
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Tribute to Chief Judge Lawrence H. Cooke 1914-2000.
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A dissenting opinion.
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Dedication.
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The Supreme Court goes to the dogs: reconciling Florida v. Harris and Florida v. Jardines.
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Our teacher and friend: David D. Siegel.
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Crashing into the unknown: an examination of crash-optimization algorithms through the two lanes of ethics and law.
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The adaptive American judiciary: from classical adjudication to class action litigation.
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The "Scarlet Letter laws" of the 1990s: a response to critics.
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The once and future constitutional law: on the law of American state constitutions.
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A study of invidious racial discrimination in admissions at Thomas Jefferson High School For Science and Technology: Monty Python and Franz Kafka meet a probit regression.
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Introduction to the honorable Hugh R. Jones sixth memorial lecture.
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Death, but is it murder? The role of stereotypes and cultural perceptions in the wrongful convictions of women.(Wrongful Convictions: Understanding and Addressing Criminal Injustice)
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Where science conflicts with common sense: Eyewitness identification reform in massachusetts.
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Judicial activism, judges' speech, and merit selection: conventional wisdom and nonsense.
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TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE "DEVIATES MATERIALLY" STANDARD OF REVIEW.
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Leniency as a miscarriage of race and gender justice.
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"Knickel" and dime issues: an unexplored loophole in New York's genetic discrimination statute and the viability of genetic testing in the sports employment context.
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A safe harbor for drugs made offshore: the Federal Circuit renders the Bolar Amendment available in [section] 337 actions in Amgen v. U.S. International Trade Commission.
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Briefly resuscitating the great writ: the International Court of Justice and the U.S. death penalty.
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Torture, extraterritoriality, terrorism, and international law.
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Quality in numbers? The dynamics of decision-making in the Second Department.
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CRIMINAL LEAVE IN THE COURT OF APPEALS A CASE OF IMPLICIT BIAS?
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The unpredictable journey.
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A BETTER LEGAL DEFINITION OF GAMBLING: WITH APPLICATIONS TO SYNTHETIC FINANCIAL INSTRUMENTS AND CRYPTOCURRENCY.
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A tribute to Judge Matthew Jasen.
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Exceeding federal standards.
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PROFESSOR MICHAEL J. HUTTER.
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Now and always our chief: the honorable Judith S. Kaye.
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Gender, race, and partisanship on the Michigan Supreme Court.
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Hamdi meets Youngstown: Justice Jackson's wartime security jurisprudence and the detention of "enemy combatants".
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Caveat settlor: insurance coverage settlements and the triumph of policy language over precedent.
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Introduction.
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Challenging the legality of section 106 of the USA PATRIOT Act.
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Editor's foreword.
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RECONSIDERING NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS FOR LOSS OR INJURY TO A PET.
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CONTEXT, COMMON SENSE, AND THE MAJOR QUESTIONS DOCTRINE: A RESPONSE TO JUSTICE BARRETT.
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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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School finance reform litigation: Why are some state supreme courts activist and others restrained?
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Independent state constitutional adjudication in Massachusetts: 1988-1998.
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Constitutional Politics in the States: Contemporary Controversies and Historical Patterns.
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CONVICTIONS OF INNOCENT PEOPLE WITH INTELLECTUAL DISABILITY.
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FROM FURRIES TO MAYHEM: THOSE MOST SUSCEPTIBLE TO POLITICAL MISINFORMATION.
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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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Procedural justice and information in conflict-resolving institutions.
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United States policy and practice for the detention of enemy combatants in the war on terror.
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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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The impact of "fair use" in the higher education community: a necessary exception.
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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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RELIABLE JUSTICE: ADVANCING THE TWOFOLD AIM OF ESTABLISHING GUILT AND PROTECTING THE INNOCENT.
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Habeas leaps from the pan and into the fire: Jacobs v. Scott and the Antiterrorism and Effective Penalty Act of 1996.-
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SUPREME STATE COURTS: PROTECTING RIGHTS & LIBERTIES DESPITE THE SUPREME COURT.
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Affirmations and ambiguities: some thoughts on women and agency.
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Editor's foreword.
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A constitutional theory of imperative participation: delegated rulemaking, citizens' participation and the separation of powers doctrine.
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The evolution of state constitutional law in Connecticut.
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JANUS V. AFSCME: THE CANARY IN THE COALMINE OF JUDICIAL EVOLUTION.
