Albany Law Review
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Keeping it simple: health plan benefit standardization and regulatory choice under the Affordable Care Act.
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The tribunal and the ICC: do precedents matter?
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Welcome and Opening Remarks; Keynote Address; Panel Discussion.
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The pregnant child's right to self-determination.
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Intellectual property valuation: a finance perspective.
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ENFORCING RIGHTS FOR IMMIGRANTS FACING THE ULTIMATE CRIMINAL PENALTY: DEPORTATION.
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Portrait of a judge: Judith S. Kaye, dichotomies, and state constitutional law.
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Our teacher and friend: David D. Siegel.
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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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Religious liberty as a positive and negative right.
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THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS.(New York Court of Appeals)
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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 designated nonpublic forum: remedying the Forbes mistake.
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A safe harbor for drugs made offshore: the Federal Circuit renders the Bolar Amendment available in § 337 actions in Amgen v. U.S. International Trade Commission.
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Federalism and the death penalty.
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The challenges of integrating drug treatment into the criminal justice process.
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A perspective on state courts today.
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"But I'm Denny Crane!": age discrimination in the legal profession after Sidley.
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Judge Matthew J. Jasen.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)
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A peripatetic view of judicial free speech.
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Judge Ciparick: kind-hearted and generous.
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The economics of shootouts: does the passage of capital punishment laws protect or endanger police officers?
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Toture: paradigms, practices, and policies.
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New Mexico independent adjudication.
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Tribute to Judge Stewart F. Hancock, Jr.
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Convicts in court: felonious lawyers make a case for including convicted felons in the jury pool.
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What does it mean if your appeal as of right lacks a "substantial" constitutional question in the New York Court of Appeals?
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MEGA-TRADE AGREEMENTS: COULD THEY BECOME THE FOREMOST VEHICLE TO UNIFY GLOBAL AND REGIONAL ENVIRONMENTAL LAW?
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Appellate division on appeal: the justices' rates of agreement, rejection, and vindication by the Court of Appeals.
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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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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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Aristotle, Cicero and Cardozo: a perspective on external law.
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The right of publicity: a comparative perspective.
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Equality practice: liberal reflections on the jurisprudence of civil unions.
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The new wild west: measuring and proving fame and dilution under the Federal Trademark Dilution Act.
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The historical development of SEQRA: March 15, 2001.
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'IMPOST BEGAT CONVENTION': ALBANY AND NEW YORK CONFRONT THE RATIFICATION OF THE CONSTITUTION.
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Hate speech, fighting words, and beyond - why American law is unique.
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Comparing injustices: truth, justice, and the system.
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The Albany nine: recognizing Albany Law School's Alumni Justices of the Third Department.
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Getting even: empowering victims of revenge porn with a civil cause of action.
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DON'T BE DISTRACTED BY THE PEACOCK TRYING TO BOARD AN AIRPLANE: WHY EMOTIONAL SUPPORT ANIMALS ARE SERVICE ANIMALS AND SHOULD BE REGULATED IN THE SAME MANNER.
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Ruiz-Diaz v. United States: RFRA, substantial burden, and the Ninth Circuit's causation-nexus requirement - a wrinkle or a roadblock for future immigration-related religious freedom challenges?
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Realigning the constitutional pendulum.
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Children adrift: addressing the educational needs of New York's foster children.
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Unsettled times make well-settled law: recent developments in New York state's residential mortgage foreclosure statutes and case law.(Abstract through III. HEPTA'S 90-Day Mortgage Foreclosure Notice Under Section 1304 HEPTA's 90-Day Mortgage Foreclosure Notice Under Section 1304 of New York's Real Property Actions and Proceedings Law, p. 1085-1113)
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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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A modest proposal for advancing animal rights.
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WHAT HAPPENS IN VEGAS STAYS IN VEGAS: ASSERTING A TORT CLAIM IN NEW YORK COURTS AGAINST A FOREIGN CORPORATION ARISING FROM A NEW YORKER'S OUT-OF-STATE ACCIDENT POST-DAIMLER.
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A strategy for judicial performance evaluation in New York.
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The judges v. the state: obtaining adequate judicial compensation and New York's current constitutional crisis.
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The necessity for constitutional change.
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Sex, culture, and rights: a re/conceptualization of violence for the twenty-first century.
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Justice denied? The exceptional clearance of rape cases in Los Angeles.
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CLIMATE CHANGE AND THE WATER TRAP: CONSIDERING WESTERN WATER POLICY THROUGH SOCIO-ECOLOGICAL TRAP THEORY.
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You can't get there from here: the impact of California's Proposition 209 on same-sex marriage.
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What you can't see can hurt you: Do latent violations of a restrictive land use ordinance, existing upon conveyance, constitute a breach of the covenant against encumbrances?
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Written constitutions, democracy and judicial interpretation: the hobgoblin of judicial activism.
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My religion, my rules: examining the impact of RFRA Laws on Individual Rights.
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The use of (section) 1983 as a remedy for violations of the Individuals with Disabilities Education Act: why it is necessary and what it really means.
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DERIVING MEANING THROUGH TREATY INTERPRETATION OR IS IT TIME FOR NEW INNOVATIVE SPACE GOVERNANCE INSTRUMENTS FOR SPACE RESOURCES?
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The multimember district: a study of the multimember district and the Voting Rights Act of 1965.
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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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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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Aspiring parents, genotypes and phenotypes: the unexamined myth of the perfect baby .
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Reflections on the life and work of the Honorable Hugh R. Jones.
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The Moebius Strip: private right and public use in copyright law.
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The Pioneer Fund and the scientific study of human differences.
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Changing roles: the Supreme Court and the state high courts in safeguarding rights.
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Indiana's constitution as a document of special aspirations.
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State Constitutional Law and the state high courts in the 21st century: February 16, 2007.
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The competitiveness of female candidates in judicial elections: an analysis of the North Carolina trial court races.
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The law review article selection process: results from a national study.
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The butt stops here: the Tobacco Control Act's anti-smoking regulations run afoul of the First Amendment.
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Human cloning and the right to reproduce.
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Tribute to Judith S. Kaye.
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APPELLATE DIVISION GRAPPLES WITH THE LAFONTAINE RULE: EXAMINING THE LIMITATIONS OF THE GARRETT EXCEPTION.
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WHEN THE CHIEF WRITES: AN EXAMINATION OF CHIEF JUDGE JANET DIFIORE'S OPINIONS.
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Editor's foreword.
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Embracing disruption: how technological change in the delivery of legal services can improve access to justice.(Introduction through III. The Past and Present of Disruption of the Provision of Legal Services D. Ethical Considerations Regarding Innovations in the Legal Services Sector, p. 553-586)
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A COMPARATIVE ANALYSIS OF BOOK BANNING AND VIDEO GAMES: SHOULD THERE BE A DIFFERENCE UNDER THE FIRST AMENDMENT?
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Robert H. Jackson, public servant.
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Editor's foreword.
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An elastic amendment: Justice Stephen G. Breyer's fluid conceptions of freedom of speech.
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Interdisciplinary conference on the impact of technological change on the creation, dissemination, and protection of intellectual property.
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Restraining notices.(I. Restraining Notices J. Contingent Debts through II. Banks and the Exempt Income Protection Act B. A New Exemption, p. 1561-1606)(New York)(Chief judge Lawrence H. Cooke Eighth Annual State Constitutional Commentary Symposium)
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An empirical study of the vindicated dissents of the New York Appellate Division, Fourth Department, from 2000 to 2010.
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To sniff or not to sniff: making sense of past and recent state and federal decisions in connection with drug-detection dogs - where do we go from here?
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The impact of Croson on equal protection law and policy.
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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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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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Robert H. Jackson: his years as a public servant "learned in the law".
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Editor's foreword.
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Should we be talking? - Beginning a dialogue on guardianship for the developmentally disabled in New York.
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The expungement myth.
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PROPHYLACTIC FREE EXERCISE: THE FIRST AMENDMENT AND RELIGION IN A POST-KENNEDY WORLD.
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Hugh Jones and modern courts: the pursuit of justice then and now.
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Finding the appropriate standard for employer liability in Title VII retaliation cases: an examination of the applicability of sexual harassment paradigms.
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What is the state of empirical research on indigent defense nationwide? A brief overview and suggestions for future research.
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23ANDME...AND YOU: EXAMINING THE EXISTENCE OF A PATIENT'S DUTY TO INFORM FAMILY MEMBERS OF GENETIC TEST RESULTS AND ESTABLISHING A NEW CAUSE OF ACTION.
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Voluntary self-regulation of complementary and alternative medicine practitioners.
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HOW BAD DOES IT HAVE TO BE?: DEFINING A CHANGE IN TERMS AND CONDITIONS UNDER TITLE VII.
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'Now I see it for what it really is': the impact of participation in an innocence project practicum on criminology students.
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Congressional authority over intellectual property policy after Eldred v. Ashcroft: deference, empty limitations, and risks to the public domain.
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The tri-chemical cocktail: serene brutality.
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The king of New York practice.
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Big bad pharma: an ethical analysis of physician-directed and consumer-directed marketing tactics.
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Dedication to Dean Alicia Ouellette.
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THE TEXAS TWO-STEP HARMS CONSUMERS AGAIN.
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A tribute to Judge Carmen Beauchamp Ciparick.(retired New York Court of Appeals associate judge)
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A passion for justice.
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The "names debate": the case for national HIV reporting in the United States.
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A Plymouth, a parolee, and the police: the case for the exclusionary rule in civil forfeiture after Pennsylvania Board of Probation and Parole v. Scott.
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The extrapolation of defendants' liabilities under CPLR Article 16 where the plaintiff is contributorily negligent: an update toward resolving a perceived ambiguity of CPLR 1601.(New York Civil Practice Law and Rules)
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State courts and the separation of powers: a venerable doctrine in varied contexts.
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Laying down the law: post-racialism and the deracination project.
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A tribute to the Honorable Thomas M. Whalen III.
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THE IMMIGRANT PARADOX: PROTECTING IMMIGRANTS THROUGH BETTER MENTAL HEALTH CARE.
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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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Redefining the right to reproduce: asserting infertility as a disability under the Americans with Disabilities Act.
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Regulating the use and sharing of energy consumption data: assessing California's SB 1476 smart meter privacy statute.
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Juvenile execution, terrorist extradition, and supreme court discretion to consider international death penalty jurisprudence.
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Forewarned: sports, torts, and New York's dangerous assumption.
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DARK ORGS.(Faculty, Alumni, and Students Opposed to Racial Preferences v. Northwestern University)
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Four mistakes in the debate on "outsourcing authority".
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The future of honest services fraud.
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Same-sex marriage referenda and the Constitution: on Hunter, Romer, and electoral process guarantees.
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Robert H. Jackson and the enforcement of the federal tax laws.
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Hugh R. Jones lecture at Albany Law School.
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The quandary of pro-life free speech: a lesson from the abolitionists.
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"Don't talk to me about deception": the necessary erosion of the trans-panic defense.
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Robert H. Jackson at the Nuremberg trials, 1945-1946 as remembereded by his personal bodyguard.
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CONVICTIONS OF INNOCENT PEOPLE WITH INTELLECTUAL DISABILITY.
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NOW v. Scheidler: protecting women's access to reproductive health services.
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Washington state's initiative 937 and the environment: the emerging impact of grassroots movements on national policy.
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Norex v. Blavatnik - how the Court of Appeals "borrowed" first and "saved" later.
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A comparative look at the U.S and British approaches to stem cell research.
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Correction.
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"Joltin' Joe has left and gone away": the vanishing presumption against preemption.
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CRIMINAL LEAVE IN THE COURT OF APPEALS A CASE OF IMPLICIT BIAS?
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Anything goes: a history of New York's gift and loan clauses.
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Opting out in the name of God: will lawyers be compelled to handle same-sex divorces?
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New York State and the New York SAFE Act: a case study in strict gun laws.
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Shattered: afterword for defining race, a joint symposium of the Albany Law Review and the Albany Journal of Science and Technology.
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THE RAGE AGAINST THE FELONY MURDER RULE TRAP WHEN JUVENILES ARE PROSECUTED FOR MURDER IN CO-FELON KILLINGS.
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SUPREME MIRAGE: CLARENCE THOMAS'S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM.
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The limits of deception: an end to the use of lies and trickery in custodial interrogations to elicit the "truth"?
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UNDER THE HOOD: BRENDAN DASSEY, LANGUAGE IMPAIRMENTS, AND JUDICIAL IGNORANCE.
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Now you see it, now you don't, privacy and search and seizure in the Florida constitution: trying to make sense out of a tangled mess.
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Elephants in the station house: serial crimes, wrongful convictions, and expanding wrongful conviction analysis to include police investigation.
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The fate of New York public education is a matter of interpretation: a story of competing methods of constitutional interpretation, the nature of law, and a functional approach to the New York education article.
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The independent jurist: an analysis of judge Robert S. Smith's dissenting opinions.
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PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE.
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Breaking down barriers: the Goodridge decision and modern civil rights.(Symposium: State High Court Judges on Making Their Hardest Decisions)
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Same-sex marriages have existed legally in the United States for a long time now.
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Garrett Epps.
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THE MYTH OF LIBERTY AND JUSTICE FOR ALL: GUARDIANSHIP IN NEW YORK STATE.
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Regulating judges' political activity after White.
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That's (not) what she said: the case for expanding admission of prior inconsistent statements in New York criminal trials.
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Aiding and abetting, a Madoff family affair: why secondary actors should be held accountable for securities fraud through the restoration of the private right of action for aiding and abetting liability under the federal securities laws.
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Caveat settlor: insurance coverage settlements and the triumph of policy language over precedent.
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New York's CO(sub.2) cap-and-trade program: regulating climate change without climate change legislation.
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PATENTING BLOCKCHAIN: MITIGATING THE PATENT INFRINGEMENT WAR.
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Uneven reparations for wrongful convictions: examining the state politics of statutory compensation legislation.
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Challenges for cause in New York criminal cases.
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A supreme injustice.
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UNJUST TIMING LIMITATIONS IN GENETIC MALPRACTICE CASES.
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STATE-SPONSORED SANCTIONS? NEW JERSEY'S UNCONSTITUTIONAL ATTEMPT TO SANCTION RUSSIA AND THE DISTRICT COURT'S FAILURE TO ACT.
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So you think you want to buy a bank?
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Alan Dershowitz: the advocate and scholar as Jew; the Jew as advocate and scholar.
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REFUSING UNWANTED MEDICAL TREATMENT: AN UNPROTECTED RIGHT.
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Transparency and bank supervision.
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Judge Fuchsberg's Levittown dissent: the evolving right to an adequate education.
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Constitutional "stuff": house cleaning the New York Constitution.
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Where corporations are: why casual visits to New York are bad for business.
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To (b) or not to (b): is that the question? Twenty-first century Schizoid plans under section 403(b) of the Internal Revenue Code.
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Understanding race: the evolution of the meaning of race in American Law and the impact of DNA technology on its meaning in the future.
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Judge Harold A. Stevens.
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Matching the trajectory of the Supreme Court on the intellectual disability defense: a recommendation for the States.
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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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The circuitous journey to the patients' bill of rights: winners and losers.
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Changes in the role and the form of the trust at the new millennium, or, we don't have to think of England anymore.
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Showdown over Snake Mountain: how a new local government was formed to resolve a land-use dispute.
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Requiem for a heavyweight: Costa as countermonument to McDonnell Douglas - a countermemory reply to instrumentalism.
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The substantive reach of SEQRA: aesthetics, findings, and non-enforcement of SEQRA'S substantive mandate.
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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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When one's right to marry makes others "unmerry".
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NEW YORK'S STARK APPELLATE DIVISION DIVIDE IN DETERMINING LABOR LAW SECTION 240(1) CLAIMS.
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The New Jersey constitution: positive rights, common law entitlements, and state action.
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Referenda, initiatives, and state constitutional no-aid clauses.
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JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19.
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'Groundbreaking' or broken? An analysis of SEC cybersecurity disclosure guidance, its effectiveness, and implications.
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A nullity or not? The status of a default judgment entered absent compliance with CPLR 3215(f).
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Beware or be blindsided: avoiding estate planning pitfalls.
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Prewarrant thermal imaging as a Fourth Amendment violation: a Supreme Court question in the making.
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What do grapes and federal lawsuits have in common? Both must be ripe.
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A remarkable jurist.
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Torture as a crime under international law.
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Categories, tiers of review, and the roiling sea of free speech doctrine and principle: a methodological critique of United States v. Alvarez.
