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. 70, No. 1, Winter

Annex A
A BILL TO BE ENTITLED THE TEXAS HEALTH FREEDOM ACT relating to the regulation of complementary and alternative medicine providers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle M, Title 3, Occupations Code, is...
Corporate Reorganizations, Job Layoffs, and Age Discrimination: Has Smith V. City of Jackson Substantially Expanded the Rights of Older Workers under the ADEA?
I. INTRODUCTION The American workforce is aging. The Department of Labor's Bureau of Labor Statistics (BLS) forecasts a 10 percent overall increase in the civilian labor force between 2004 and 2014. (1) During the same period, however, the BLS predicts...
Invasion of Privacy V. Commercial Speech: Regulation of Spam with a Comparative Constitutional Point of View
I. INTRODUCTION We live in a flood of unsolicited commercial e-mail, or "spam." (1) The development of the Internet, "an international network of interconnected computers," (2) brings us "electronic mail," (3) which is one of the most powerful and...
Is Leisure-Time Smoking a Valid Employment Consideration?
I. INTRODUCTION It has been over forty years since the Surgeon General first released a report stating that cigarette smoking is a health hazard and a primary contributor to lung disease. (1) Since that report, substantial research has established...
Necessary Protection: An Examination of the State Farm V. Campbell Standards Test and Why Economically Efficient Rules Do Not Work at the Intersection between Due Process and Punitive Damages
I. INTRODUCTION In 1994, a District Court of New Mexico awarded a woman $160,000 in compensatory damages and $2.7 million in punitive damages because of the burns caused after the woman spilled a cup of McDonald's coffee on herself. (1) In 1996,...
Postscript
The causal link between scope of practice monopolies and migration of health workers should be investigated further. Generally, the problems of migration are significant, (1) especially with regard to health workers. (2) There are many treaties...
Rx for Drugstore Discrimination: Challenging Pharmacy Refusals to Dispense Prescription Contraceptives under State Public Accommodations Laws
I. INTRODUCTION In January 2005, a Wisconsin mother of six children who experienced condom failure after intercourse obtained a prescription for emergency contraception (1) and traveled to a Milwaukee Walgreens to fill the prescription. (2) Instead...
Venture Capital Funds, Organizational Law, and Passive Investors
I. INTRODUCTION The current orthodox view is that investors in U.S. venture capital funds are passive. (1) They delegate decision-making authority and other management responsibilities to the fund manager. (2) Legal scholarship on the U.S. venture...
Voluntary Self-Regulation of Complementary and Alternative Medicine Practitioners
"The urge to regulate is stronger than the sex drive." (1) I. INTRODUCTION Complementary and alternative medicine (CAM) has been practiced and used in this country continuously since the nineteenth century. (2) All of the forms of care present...
What Is a "Search" within the Meaning of the Fourth Amendment?
I. INTRODUCTION The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." (1) In analyzing any Fourth Amendment issue, two separate questions...