Albany Law Review

A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro

Articles from Vol. 60, No. 4, Summer

Adequate Provocation, Individual Responsibility, and the Deconstruction of Free Will
I. Introduction During the second semester of my first year of law school, my criminal law professor briefly discussed a Supreme Court case in which the Court had determined that it was unconstitutional for a state (death penalty) statute to...
Can the Feds Put Deadbeat Parents in Jail? A Look at the Constitutionality of the Child Support Recovery Act
I. Introduction Imagine receiving a letter from the U.S. Attorney's office saying the following: "Dear Sir/Madam, you are delinquent in your child support payments and you must pay up or we will hunt you down, prosecute you and throw you in...
New York's Freedom from Information Law: Disclosure of Public Costs of a New York Senator's "Public Interest" Mailings
I. Introduction [A] free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the...
Perpetuities Perpetuated: Symphony Space, Inc. V. Pergola Properties, Inc
"No one can read the perpetuities cases ... without some sense of nausea."(1) I. Introduction In 1986, the New York Court of Appeals in Metropolitan Transportation Authority v. Bruken Realty Corp.(2) unanimously concluded that a preemptive...
Prewarrant Thermal Imaging as a Fourth Amendment Violation: A Supreme Court Question in the Making
I. INTRODUCTION Over the last few years, a new issue in criminal procedure has begun taking shape. The issue involves the legality of using a "thermal imaging device" that can measure the heat emanating from a private residence. The device is...
Protecting New York's Children: An Argument for the Creation of a Rebuttable Presumption against Awarding a Spouse Abuser Custody of a Child
Introduction(1) Domestic violence is the leading cause of injury to women between the ages of nineteen and forty-four.(2) In the United States, a woman is beaten every fifteen seconds.(3) When a mother is battered, it affects more than the intended...
Some Overall Observations about the 1996 New York State Environmental Bond Act and a Closer Look at Title 5 and Its Approach to the "Brownfields" Dilemma
I. INTRODUCTION Touted by proponents as a "bold and fiscally responsible initiative designed to attack the pressing problems that threaten to foul New York State's water and dirty its air,"(1) the $1.75 billion environmental bond act (1996 Act)...
The Evolving Conflict between Employment Discrimination Laws and Immunity under Title VII of the Civil Rights Act and Article VII of the FCN Treaty between the United States and Japan - the Papaila Case
An escalating problem exists in the area of cross-border investment between the United States and Japan. Such investment brings with it cultural and managerial preferences for persons of Japanese descent, males, and non-blacks when hiring personnel....
The Nondischargeability of Divorce-Based Debts in Bankruptcy: A Legislative Response to the Hardened Heart
I. Introduction [M]arriage should be regarded as indissoluble in itself, for the end of marriage is the ethical end, which is so exalted that everything else appears powerless against it and subject to its authority... But it is indissoluble only...
The Real "Contract with America": The Original Intent of the Tenth Amendment and the Commerce Clause
I. Introduction In November 1994, the Republican Party took control of the United States House of Representatives for the first time in forty years.(1) This astonishing political event was due in part to the "Contract with America," a political...
The Same Uniform, a Different Team: Copycat's Suit Up for Competition
I. Introduction In the competitive arena of the national market for consumer products, industry leaders have yet another force to contend with: private label companies which recognize the potential for market success and profitability through...
The "Scarlet Letter Laws" of the 1990s: A Response to Critics
I. The Ex Post Facto Prohibition as the Central Issue Under federal legislation enacted in May 1996, states must enact legislation to let their local communities know the whereabouts of convicted sex offenders or suffer reduced eligibility for...
They Paved Paradise and Put Up a Parking Lot
I. Introduction The United States has recognized the importance of biological diversity(1) because of the unlimited benefits that potentially could be conferred from unidentified species.(2) Faced with increasing numbers of species extinctions,...