Recently added articles from Albany Law Review:
Courting court reform: looking back, moving forward.(New York)(Honorable Hugh R. Jones Sixth Memorial Lecture)
Mar 22, 2008; ... I am honored to have been asked to give the Sixth Annual Honorable Hugh R. Jones Lecture this afternoon. My thanks to Modern Courts and Albany Law School for giving me this opportunity to express my admiration and respect for Judge Jones, for whom this annual Lecture is named, and to talk ...
Lopez Torres and judicial selection in New York: an argument for merit-based appointment to the state Supreme Court.
Mar 22, 2008; ... I. INTRODUCTION The New York State Supreme Court is New York's statewide trial court of general jurisdiction. Justices of the state supreme court have been chosen by popular election since that change was effected by the New York Constitution of 1846. (1) With the exception of a ...
How far is too far? The spending clause, the Tenth Amendment, and the education state's battle against unfunded mandates.
Mar 22, 2008; ... On January 8, 2002, President Bush's sweeping education reform act, No Child Left Behind (NCLB), was adopted by Congress with the stated purpose of "[c]losing the achievement gap" between economically and racially advantaged and disadvantaged school children. (1) The law requires states to ...
Judicial activism and progressive legislation: a step towards decreasing hate attacks.
Mar 22, 2008; ... I. INTRODUCTION Over the last several years, the issue of gay and lesbian rights has been a political hot topic. The area that has drawn the most attention lately is in the realm of civil unions and marriage. Vermont and Connecticut have passed civil union legislation increasing ...
The law review article selection process: results from a national study.
Mar 22, 2008; ... I. INTRODUCTION In the mid-1990s, the topic of the student-edited law review was very much on the minds of legal scholars and law review editors. In 1994, the University of Chicago Law Review published a series of essays addressing the role of students in the law review ...
Inside judicial chambers: how federal district court judges select and use their law clerks.
Mar 22, 2008; ... I. INTRODUCTION In recent decades, United States Supreme Court law clerks have not suffered from a lack of attention. From allegations that the Justices' law clerk hiring practices are riddled with gender and racial bias (1) to debates over the level of influence wielded by ...
Slavery in the 21st century and in New York: what has the state's legislature done?
Mar 22, 2008; ... I. INTRODUCTION ** At this very moment, a young Mexican girl, who was promised a job or marriage, could be coming to New York, only to be forced into dehumanizing prostitution. At this very moment, a migrant farm worker could be toiling away in a labor camp in some rural ...
Public use & public benefit: the battle for upstate New York.
Mar 22, 2008; ... I. INTRODUCTION On May 31, 2006, New York Regional Interconnect Inc. (NYRI) sought regulatory approval from New York State by submitting an Article VII application (1) to the New York State Public Service Commission to construct a high-voltage transmission line. (2) The proposed ...
Shining the light on greyfields: a Wal-Mart case study on preventing abandonment of big box stores through land use regulations.
Mar 22, 2008; ... I. INTRODUCTION Shopping trends in the United States have changed dramatically over the last few decades with the introduction of the large-scale discount retailer. Wal-Mart is the forerunner in the retail market and dominates competition through the use of its big box stores ....
Cogitations concerning the special prosecutor paradigm: is the cure worse than the disease? (tribute to former New York Court of Appeals judge Hugh R. Jones)
Jan 01, 2008; ... My tribute to the Honorable Hugh R. Jones starts with a borrowed first word. The title of my exertion begins with "Cogitations." It is the same word Judge Jones so carefully chose as the first word in the title of his masterful Cardozo Lecture in 1979, Cogitations on Appellate ...
Concurrence, Posner-style: ten ways to look at the concurring opinions of Judge Richard A. Posner.
Jan 01, 2008; ... <Pre> I. Introduction II. The Nature of Concurring Opinions A. Background B. Some Traditional Views on Concurring Opinions C. Recent Takes on Concurring Opinions III. Ten Ways to Look at the Concurring Opinions of Judge Richard A. Posner A. Statistics ...
Regionalism revisited: the effort to streamline governance in Buffalo and Erie County, New York.
Jan 01, 2008; ... I. INTRODUCTION During the first half of the twentieth century, burgeoning grain transshipment trade and heavy manufacturing spurred the bustling economy of Buffalo, the eastern-most port on the shores of Lake Erie and the second-largest city in the State of New York. (1) With ...
Passion is no ordinary word.
Jan 01, 2008; ... (Revitalizing the Lawyer-Poet: What Lawyers Can Learn From Rock and Roll. A Film Essay by Russell G. Pearce, Brian Danitz, and Romelia S. Leach (Louis Stein Center for Law and Ethics 2006)). We've got new idols for the screen today. Although they make a lot of noises they've got ...
Teaching law office management: why law students need to know the business of being a lawyer.
Jan 01, 2008; ... I. INTRODUCTION In 1996, I started teaching a class in the principles of Law Office Management to students at the Shepard Broad Law Center, Nova Southeastern University (NSU), in Fort Lauderdale, Florida. The demand for this information was great, and it has remained ...
Should antitrust principles be used to assess insurance residual market mechanisms, such as New York's medical malpractice insurance plan?
Jan 01, 2008; ... State-created insurance residual market mechanisms are typically designed to address flaws in markets in which a significant number of purchasers have difficulty obtaining affordable insurance; such programs, however, have often led to crises in such markets, and occasionally to economic ...
(Pre)determining the crime of aggression: has the time come to allow the International Criminal Court its freedom?
Jan 01, 2008; ... ABSTRACT The Assembly of States Party of the International Criminal Court is currently discussing the crime of aggression. It was postponed during the negotiations for the Treaty of Rome because of the contentious nature of the crime, jurisdiction and trigger mechanisms. One of ...
Nuremberg's legacy continues: the Nuremberg trials' influence on human rights litigation in U.S. courts under the Alien Tort Statute.
Jan 01, 2008; ... I. INTRODUCTION In March of 2005, four Palestinian families and the parents of Rachel Corrie, (1) an American, filed a lawsuit against Caterpillar, Inc. (2) under the Alien Tort Statute ("ATS") (3) and general federal jurisdiction, (4) for aiding and abetting the Israel Defense ...
Judicial activism in the service of privilege: New York's First Department makes special rules for special defendants.
Jan 01, 2008; ... Cooperatives and condominiums comprise a prominent feature of New York City's housing marketplace; there are more than 350,000 housing units in co-op and condo buildings, slightly more than half of which are located outside of Manhattan. (1) Federal and local law prohibit these housing ...
Indian country in cyber space: Bella Hess and commerce clause constraints on interstate, mail-order transactions.
Jan 01, 2008; ... I. INTRODUCTION When political processes fail, the rule of law prevails or people rise to power. When the political process fails between tribes and the United States, defined as it is by federal statutes and case law, there is no rule of law and, therefore, leaders emerge. So ...
A nationalist critique of local laws purporting to regulate the hiring of undocumented workers.
Jan 01, 2008; ... <Pre> I. Introduction II. Federal Restrictions on the Employment of Aliens A. Congressional Intent Underlying IRCA's Enactment B. IRCA's Primary Features III. State and Local Enactments: Local Responses to a National Problem IV. Supremacy and its Impact on Local ...