Stories Collection

  1. Stocks? You gotta be high up in the corporate structure to make that shit work for y...
  2. Scholars say that 90% of the ideas that have shaped our democracy have come from thi...
  3. Many Americans have used or have browsed the Internet. (1) Undoubtedly, many of thes...
  4. INTRODUCTION Could an American ever conceive of being detained in a prison cell...
  5. I. INTRODUCTION This Note addresses what United States Supreme Court Justice Sa...
  6. INTRODUCTION Recently in the Albany Law Review, Professor Paul Lombardo descri...
  7. In this they proceeded on the sound principle that the magnitude of a lie always con...
  8. It has been over a decade since the adoption of New York's Rule relating to the seal...
  9. I. INTRODUCTION Judge Richard C. Wesley's record in criminal cases is strongly ...
  10. INTRODUCTION "How little we know what any amendment would produce!" ...
  11. I. INTRODUCTION In January 2003, the Government Law Center (GLC or Center) of ...
  12. The notion that one man in ten is gay may be a Kinsey-inspired myth, but it is not a...
  13. I am honored to participate in the dedication of this issue of State Constitutional ...
  14. "[A] State is free as a matter of its own law to impose greater restrictions on...
  15. I. INTRODUCTION The year is 2015. The Governor of California has recently annou...
  16. In December of 2002, the Arizona Supreme Court lost an exceptional justice when Stan...
  17. I. AN INTRODUCTORY CRITIQUE Notions of equality that have marked the American e...
  18. In the 1983 decision of Michigan v. Long, (2) the United States Supreme Court held t...
  19. As of December 31, 2002, the Arizona Supreme Court lost a most remarkable jurist. Ju...
  20. On June 24, 2002, the Supreme Court held that the jury trial provision of the Sixth ...
  21. I. INTRODUCTION This high court study examines the Nevada Supreme Court's crim...
  22. I. INTRODUCTION Respect for judicial federalism requires the Supreme Court to a...
  23. By expanding the doctrine of state sovereign immunity, the United States Supreme Cou...
  24. On May 31, 2002, a three-judge panel of the U.S. District Court for the Eastern Dist...
  25. The Rehnquist Court has been credited with, or accused of--depending upon one's pers...
  26. For those of us who have been writing and teaching about state constitutional law fo...
  27. The Supreme Court's commitment to federalism is nowhere stronger than in the jurispr...
  28. Stanley Feldman makes it sound like he stumbled into law school by accident, having ...
  29. INTRODUCTION Oftentimes a party will argue before a state supreme court (1) tha...
  30. I. INTRODUCTION How does one begin to uncover the individual judicial ideologie...
  31. Steven G. Calabresi succinctly identified the three elements of the Rehnquist Court'...
  32. I. INTRODUCTION The 2000 election for the Michigan Supreme Court went down in ...
  33. On December 31, 2002, Stanley G. Feldman retired as a Justice of the Arizona Supreme...
  34. When Paul Simon asked, "Where have you gone, Joe DiMaggio?," Mrs. Robinson...
  35. INTRODUCTION Racial profiling usually conjures up images of police officers ac...
  36. I. INTRODUCTION Over the past decade, our nation witnessed the emergence of the...
  37. George Orwell is reputed to have said that the first duty of intelligent people is t...
  38. INTRODUCTION The dawn of the new millennium marked New York's entry into the r...
  39. I. INTRODUCTION Although it now seems like something from the distant past, rac...
  40. I want to thank the Albany Law Review for a very lively symposium, devoted to what I...
  41. I. INTRODUCTION Thank you to Albany Law Review for inviting me. I'm here becau...
  42. In the mid-1980s, the state of Virginia established the Thomas Jefferson High School...
  43. At this point, I wish to express my thanks to all of you for persevering this aftern...
  44. Immigration and citizenship issues are part of a larger discussion about how America...
  45. Fiat justitia et pereat mundus? (1) Diversity as a legal doctrine in immigration law...
  46. Abstract The usual debates surrounding multiculturalism pit individual rights ...
  47. I. INTRODUCTION During the 1960s, the combination of two struggles gave African...
  48. This issue of the Albany Law Review is dedicated to the memory of the Honorable Thom...
  49. I. INTRODUCTION: THE LANDSCAPE IN WHICH GERBER V. HICKMAN WAS CONCEIVED Emergi...
  50. I. INTRODUCTION The decision whether or not to remove life-sustaining treatment...
  51. INTRODUCTION A. For the Record B. A Roster of Distinguished Americans ...
  52. I. INTRODUCTION The Personal Responsibility and Work Opportunity Reconciliation...
  53. I. INTRODUCTION Many judges react against judicial activism. The politics are ...
  54. I met Tom Whalen's father six years before I ever met Tom. I worked for the New York...
  55. I. THE ADIRONDACK PARK The Adirondack Park contains six-million acres--more tha...
  56. Tom Whalen was a special friend to me and many. The litany of characteristics by whi...
  57. On March 4, 2002, Albany Law School and the entire Albany community lost an outstand...
  58. THE MANDATORY CONSTITUTIONAL CONVENTION QUESTION REFERENDUM: "NO" IN NEW Y...
  59. I. INTRODUCTION Capital punishment has been an important issue in contemporary ...
  60. AN INTRODUCTORY REVIEW If a right to privacy can hardly be considered a newfoun...
  61. I. INTRODUCTION Last year in this space my colleague Barry Latzer argued that ...
  62. On March 11, 1989, California Governor George Deukmejian nominated Joyce L. Kennard ...
  63. The Supreme Court of California convened in the courtroom of the Earl Warren Buildin...
  64. I. INTRODUCTION Women today are being appointed and elected to state high court...
  65. The image of justice flowing like a mighty river has been celebrated in songs and po...
  66. I. INTRODUCTION The manner in which judicial decisions are made can be analyzed...
  67. STANLEY MOSK 1912-2001 Many years ago, he was already a legend. A law cle...
  68. HUGH R. JONES MEMORIAL LECTURE Albany Law School--March 11, 2002 I begin ...
  69. I. INTRODUCTION The necessity of expressing a view contrary to that of the majo...
  70. I. INTRODUCTION Over the past few years, the names of Amadou Diallo and Patrick...
  71. I. INTRODUCTION Less than twenty-five years ago, bioethics was considered a so...
  72. Cells are the smallest living units of living systems. They can respire, respond, an...
  73. INTRODUCTION On August 9, 2001, President George W. Bush announced that federal...
  74. INTRODUCTION A. The Bell Curve, The Pioneer Fund, and American Eugenics W...
  75. INTRODUCTION Human stem cell research and its possible connection to human clo...
  76. This essay discusses a value-based connection between the emerging technologies of h...
  77. Part I of this article deals with some theoretical issues concerning the way our cul...
  78. The irony inherent in the debate on "whole human" reproductive cloning is ...
  79. INTRODUCTION Since the birth of "Dolly the sheep" in July 1996, (1) ...
  80. Environmental justice is a very hot topic. Yesterday's New York Times on the front p...
  81. Director Patricia Salkin I would like to introduce to you our moderator, Profes...
  82. INTRODUCTION After a quarter of a century, the State Environmental Quality Rev...
  83. I. INTRODUCTION Although most often associated with the urban expanses of Manha...
  84. "[E]xamination of the language, history, and structure of the legislation ... i...
  85. I. INTRODUCTION "Local land-use control," while something of a politi...
  86. INTRODUCTION New York's landmark 1975 "look before you leap" statute...
  87. I. INTRODUCTION With twenty-five years of experience with the State Environment...
  88. I. INTRODUCTION New York's State Environmental Quality Review Act ("SEQRA...
  89. INTRODUCTION Nearly 2000 judicial opinions were issued under the State Environ...
  90. As one of a small group who had the privilege of serving as a law clerk to the Honor...
  91. When Judge Hugh R. Jones died March 3, 2001, at the age of eighty-six, New York lost...
  92. In January 1973 Hugh R. Jones began his tenure as an Associate Judge on the New York...
  93. I. INTRODUCTION This note will discuss how, in Santa Fe Independent School Dist...
  94. Hugh Jones died peacefully at home on March 3, 2001, only days short of his 87th bir...
  95. INTRODUCTION In the face of skyrocketing prescription drug costs, ensuring the ...
  96. I. INTRODUCTION Today, grandparents are increasingly involved in all areas of t...
  97. I. INTRODUCTION In 1995, when New York reinstituted the death penalty with much...
  98. I. INTRODUCTION The exclusionary rule has been under near-constant attack (1) s...
  99. "The cultural heritage of the western world, the colonial appetite of the Spani...
  100. INTRODUCTION American health care spending underwent uncontrollable growth in ...
  101. I. INTRODUCTION Since 1988, twenty-five individuals have been tried and convict...
  102. State Constitutional Commentary is proud to dedicate this issue to one of our foundi...
  103. The New York court system is divided into three discreet functional layers.(1) The A...
  104. I. INTRODUCTION Many, perhaps most, New Yorkers are fairly unaware of the Court...
  105. During the 1994 New York State Commission on Constitutional Revision, a member of th...
  106. In 1997, when New Yorkers decisively defeated a constitutionally mandated ballot pro...
  107. I. AN INTRODUCTORY NOTE Contemporary judicial federalism has passed through sev...
  108. I. INTRODUCTION Comparative proportionality review is an appellate proceeding ...
  109. On January 3, 2001, Judge Victoria A. Graffeo took her oath as a Judge of the New Yo...
  110. Several years ago, we embarked on a study of judges as idea entrepreneurs--as indivi...
  111. "[N]o ends can be better than the means of their achievement."(1) Th...
  112. I. INTRODUCTION Recently, Alaska, Nebraska, Nevada, and California passed refer...
  113. I. INTRODUCTION Much of the conservative right's rhetoric in the realm of mino...
  114. Among this remarkable gathering of scholars, I'd like to talk to you as a legal stra...
  115. THE 2000 EDWARD C. SOBOTA MEMORIAL LECTURE(*) On April 26, 2000, Vermont's gove...
  116. INTRODUCTION "Federalism rules," as the eight-year old daughter of on...
  117. 2001 EDWARD C. SOBOTA MEMORIAL LECTURE(*) Introduction by Martha Davis(***) ...
  118. I. INTRODUCTION Although Texas law prevents same-sex couples from obtaining ma...
  119. This article argues that lesbian, gay, bisexual, and transgendered (LGBT) rights are...
  120. I. INTRODUCTION Since the late nineteenth century the grip of Sunday laws on A...
  121. I. INTRODUCTION AND BACKGROUND The courts have not dealt consistently with the ...
  122. I. INTRODUCTION The right to an impartial jury has long been recognized by both...
  123. I. INTRODUCTION In modern American society,, the government distributes benefit...
  124. INTRODUCTION Antony: Let Rome in Tiber melt, and the wide arch Of the ranged e...
  125. THE KATE STONEMAN PROFESSORSHIP LECTURE For a number of years, international la...
  126. INTRODUCTION We will make mistakes if we go forward, but doing nothing can be ...
  127. I. INTRODUCTION: "IMAGINE FOR A MOMENT...." If you are a homeowner, y...
  128. In Jackson v. Mann,(1) an inmate in a New York State correctional facility claimed D...
  129. I. INTRODUCTION The Equal Access Act,(1) upheld by the Supreme Court in Board o...
  130. This article shows that, as to proffers of asserted expert testimony, civil defendan...
  131. I. INTRODUCTION Many of the legal profession's rules of ethics are premised on ...
  132. I. INTRODUCTION Strict construction and liberal construction are among the most...
  133. He was a giant. In every good and important way, Lawrence Cooke was a towering figur...
  134. I. INTRODUCTION The history of New York City's homeless is a well-documented p...
  135. I. INTRODUCTION Over the course of the last thirty years, medical capacity to ...
  136. I. INTRODUCTION The Private Securities Litigation Reform Act of 1995 (PSLRA)(1)...
  137. INTRODUCTION: THE TAIL She was buxom and bare to the waist. He was completely n...
  138. The New York Court of Appeals is oblivious as to the existence of its own state cons...
  139. INTRODUCTION On January 31, 1990, Justice Hans Linde retired from the Oregon S...
  140. INTRODUCTION Judicial research has increasingly focused on the importance of s...
  141. Much of the scholarship addressing state supreme court(1) interpretation of state-ba...
  142. I. INTRODUCTION Former Justice William Brennan provided an important impetus fo...
  143. I. INTRODUCTION School funding became an issue of state law after the Supreme C...
  144. State religion clauses, although currently among the least explored sections of stat...
  145. ALBANY LAW SCHOOL--MARCH 7, 2000 The following is a transcript of the question-...
  146. Thank you for the invitation to join you here today. I am quite impressed by the pro...
  147. Whenever any new type of cause arises, the primitive device is to set up a new court...
  148. I. BACKGROUND Current American social policy and laws prescribe specific jail a...
  149. I. INTRODUCTION The enforcement of anti-drug laws and the consequences of drug ...
  150. In recent years, concerns about the increasing use of drugs has led many employers, ...
  151. The so-called Rockefeller drug laws,(1) enacted in 1973, have been New York's princi...
  152. Between 1994-1996, I was one of twenty-eight members of a Drugs [right arrow] Violen...
  153. I. INTRODUCTION In the last two years of the twentieth century, the practice of...
  154. THE 1999 EDWARD C. SOBOTA LECTURE In 1942, over 120,000 Americans were stripped...
  155. First of all, I want to thank Dean Moore for the invitation to speak at today's even...
  156. I. INTRODUCTION The Privileges and Immunities Clause of the United States Cons...
  157. I. INTRODUCTION The purpose of this Note is to analyze the Second Circuit's de...
  158. INTRODUCTION Ms. Kraft and her husband live in a tight, one-bedroom apartment o...
  159. I. INTRODUCTION Recent drivers may not know that there was once a time when roa...
  160. I. INTRODUCTION While no one can question the fact that the law is constantly ...
  161. INTRODUCTION The landmark decision by the Delaware Supreme Court in Revlon, Inc...
  162. I. INTRODUCTION The presumption of arbitrability is a judicial construct integr...
  163. One of the more controversial yet least understood pronouncements by the United Stat...
  164. "I'm going to take this case all the way to the Supreme Court!" Each Term,...
  165. I. INTRODUCTION As society's recognition and understanding of sexual harassmen...
  166. I. INTRODUCTION Termination of parental rights is an extreme measure that is on...
  167. I. INTRODUCTION As we age, our concerns, desires, and outlooks change in a prof...
  168. It has long been considered axiomatic in arbitration that parties who agree to submi...
  169. INTRODUCTION The passage of the Federal Trademark Dilution Act of 1995 (the Di...
  170. I. AN INSTANCE OF AIR RAGE IN FLIGHT OVER INTERNATIONAL WATERS: THE HENCH CASE(1) ...
  171. PROFESSOR THOMAS E. PATTERSON(**): Our panel will explore changes in American life a...
  172. The dedication of Albany Law Review's annual State Constitutional Commentary issue t...
  173. ASSOCIATE ATTORNEY GENERAL RAYMOND C. FISHER(**): As the American Bar Association su...
  174. The State Constitutional Commentary does itself proud by the dedication of this issu...
  175. INTRODUCTION In addressing this topic the idea of a rather barren desert with ...
  176. MR. ROBERT STEIN(**): Our first panel will discuss judicial outreach initiatives. I ...
  177. I. INTRODUCTION Since Justice Brennan touched off a purported rebirth of the st...
  178. These remarks address judicial outreach initiatives, specifically what courts have d...
  179. Texas is a free and independent State, subject only to the Constitution of the Unite...
  180. DR. JO-ELLAN DIMITRIUS(**): I'd like to first introduce my esteemed colleagues on th...
  181. I. INTRODUCTION As state constitutional adjudication has reemerged in the last ...
  182. I. BACKGROUND The American Bar Association sponsored a comprehensive nationwide...
  183. I. INTRODUCTION One of the powers of Florida's governor is to make appointment...
  184. The power of courts to thwart the will of the popularly elected branches of governme...
  185. I. INTRODUCTION The prevalent view of American constitutional law and the Ameri...
  186. I. SHIFTING LIFE STYLES AND AN UNCERTAIN LEGAL ORDER The growth of suburban sho...
  187. I am pleased to be here with my many colleagues from the state judiciary, most espec...
  188. I am flattered at the dedication to me of the State Constitutional Commentary issue ...
  189. INTRODUCTION In Roe v. Wade,(1) the United States Supreme Court held that women...
  190. I. REEXAMINING ROE v. WADE AFTER TWENTY-FIVE YEARS: AN OVERVIEW OF THE ROE QUANDARY ...
  191. I. Having spoken at a number of events similar to this one with Sarah Weddingt...
  192. Thank you. I am delighted to be part of this opportunity for discussion and reflecti...
  193. The following is a transcript of the question-and-answer session that concluded the ...
  194. If anyone thought that the abortion controversy was settled in 1973 by Roe v. Wade,(...
  195. The prevalence of infertility in the United States has been widely reported.(1) Whil...
  196. INTRODUCTION She lay there shivering, black, but pale nonetheless. Her skin co...
  197. I. INTRODUCTION This Article examines the constitutional parameters of reproduc...
  198. INTRODUCTION When the Supreme Court established the constitutional right to ch...
  199. INTRODUCTION On the twenty-fifth anniversary of Roe v. Wade,(1) it is safe to ...