Recently added articles from Albany Law Review:
White collar crime's gray area: the anomaly of criminalizing conduct not civilly actionable.
Jan 01, 2009; ... ABSTRACT Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally--subjecting individual defendants to ...
From the Civil War to the war on terror: the evolution and application of the state secrets privilege.
Jan 01, 2009; ... I. INTRODUCTION On a warm July day in 1861, a Union spy named William Lloyd received secret orders from President Lincoln to infiltrate the southern states on a mission to ascertain Confederate troop positions, the plans of major fortifications, and other information which would ...
Rulemaking without rules: an empirical study of direct final rulemaking.
Jan 01, 2009; ... ABSTRACT In an effort to improve efficiency, several administrative agencies have adopted a procedure known as "direct final rulemaking" (DFR). Some academics have debated whether DFR violates the Administrative Procedure Act (APA), but none have studied how DFR has functioned ...
The adaptive American judiciary: from classical adjudication to class action litigation.
Jan 01, 2009; ... ABSTRACT Beginning primarily in the late-twentieth century, the American legal system underwent several rather dramatic changes in procedure and practice. In particular, class action litigation has become one of the distinguishing features of our legal system and it remains one ...
Victims without legal remedies: why kids need schools to develop comprehensive anti-bullying policies.
Jan 01, 2009; ... I. INTRODUCTION The consensus among physicians and social scientists, (1) educators and youth development organizations, (2) civil rights advocates, (3) and law enforcement (4) is that bullying is neither inevitable nor normal, and that it seriously impairs the health and ...
The judges v. the state: obtaining adequate judicial compensation and New York's current constitutional crisis.
Jan 01, 2009; ... I. INTRODUCTION Though the problem of obtaining secure and adequate compensation for judges, rightly deemed indispensable to maintaining an independent and qualified judiciary, has plagued our constitutional system since its inception, (1) the issue in New York has now reached ...
A tale of two debtors: bankruptcy disparities by race.
Jan 01, 2009; ... I. INTRODUCTION Legal policy has long struggled with the issue of official neutrality in the face of racially disparate results. While the days of laws explicitly discriminating against people of color may be gone, the legal system as a whole has not attained perfect race ...
Making peace and making money: economic analysis of the market for mediators in private practice.
Jan 01, 2009; ... I. INTRODUCTION In 1999, Frank Sander, a pre-eminent ADR scholar, was asked to evaluate the state of ADR. (1) His answer was that while "we've made amazing progress," we still "have a way to go." (2) One of his greatest concerns was about the long-term professional issues of ...
Improving public access to the Adirondack forest preserve.(New York)
Jan 01, 2009; ... I. INTRODUCTION The public's right to use and enjoy New York's state-owned lands in the Adirondack Park has little meaning when the public has no practical means of accessing the resource. (1) This situation occurs in areas of the Park where the State Land Manager restricts ...
The forum non conveniens motion and the death of the moth: a defense perspective in the post-Sinochem era.
Jan 01, 2009; ... I. INTRODUCTION "As a moth is drawn to the light, so is a litigant drawn to the United States. If he can only get his case into their courts, he stands to win a fortune." (1) On March 5, 2007, the United States Supreme Court resolved the split among the circuit ...
"But I'm Denny Crane!": age discrimination in the legal profession after Sidley.
Jan 01, 2009; ... I. "TRUST ME. I CAN FIX THIS. I'M DENNY CRANE." Art doesn't always imitate life when it comes to the law. Boston Legal's aging TV lawyer Denny Crane may manage week after week to weasel out of predicaments that would cost younger men their jobs. (1) But real-world law firms have ...
Chief Judge Lawrence H. Cooke.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... Thank you all, and thank you especially, Judge Rosenblatt, for that wonderful introduction to the program and to each of the members of the Court. You can tell just from listening to those brief remarks what fun it was to serve alongside Judge Rosenblatt, can't you? I want to assure ...
Judge Vito J. Titone.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... Well, good afternoon. It's always difficult to follow Judge Kaye. But I want to thank her for her wonderful remarks. And thank you, Judge Rosenblatt, for the introduction. And thanks to the Albany Law Review and Professor Vincent Bonventre for hosting this wonderful event. And thank you ...
Judge Francis Bergan.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... Good afternoon. Thank you, very much, for having all of us here. There was a part of my career that was missed in Judge Rosenblatt's introduction, because he couldn't cover all the jobs that I've had, but I have to tell you that I began my legal career at Tate, Tate, ...
Chief Judge John T. Loughran.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... I have chosen to talk about Judge John Thomas Loughran, who served as an Associate Judge on the Court of Appeals from 1934 to 1945, and as Chief Judge from 1945 until 1953. Many of you may be unfamiliar with Judge Loughran's life or jurisprudence. I will confess that I was not even certain ...
Chief Judge Cuthbert Pound.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... Hello, thank you for having us here. Thank you, Professor Bonventre, for organizing this wonderful event. I'm going to talk to you about a Judge named Cuthbert Pound, going back even further in time than Judge Read did, because Judge Pound was leaving the Court, more ...
Judge Matthew J. Jasen.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... I intend to aim my remarks at the students here, saying to my colleagues as I was listening to each one of these really great stories, that some of you may be talking about some of us one of these days, because we couldn't talk about any living Judge, obviously not our own colleagues. ...
Judge Harold A. Stevens.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
Sep 22, 2008; ... Good afternoon. I think you can take note of the fact that I'm the last speaker. And so since there is no one to follow me, I am permitted, indeed expected, to follow the rule of the three B's. That is to be direct, be brief, and be seated. I have chosen today to ...
Educational issues and judicial oversight.
Sep 22, 2008; ... I. INTRODUCTION Few services have been more closely associated with the states, both historically and functionally, than public education and all of the auxiliary activities to which it has fallen heir. Support for the operation of public school systems remained among the most ...
A modest proposal for advancing animal rights.
Sep 22, 2008; ... I. INTRODUCTION Animal rights activists are often called nut jobs, wackos, and extremists--and that is by our friends and family members. Too often our cause is splintered by polarizing views. Instead of focusing on the positions that divide us, we must pursue matters on which ...