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. 75, No. 1, Fall

Adopting Ohio Senate Bill 5: The Role of the Public University Presidents
The legislature is expected to address pension reform early. Language is being developed and not yet available; major changes ... are being discussed [by Ohio's political leadership--changes that will require employees pay a portion of the employers'...
A Local Approach to a National Problem: Local Ordinances as a Means of Curbing Puppy Mill Production and Pet Overpopulation
I. INTRODUCTION "Puppy mill" has become a catchphrase synonymous with abuse and deplorable living conditions, conjuring to mind images of dogs crammed in wire mesh cages, matted with feces, and suffering from numerous untreated health problems....
A New Look at Duty in Tort Law: Rehabilitating Foreseeability and Related Themes
This article addresses the subtle yet turbulent "duty wars" currently raging with respect to the conceptual nature of duty in tort law. The scholars have thus far divided principally into three camps, and the courts have increasingly been taking their...
Blue-Collar Crime: Conspiracy, Organized Labor, and the Anti-Union Civil RICO Claim
TABLE OF CONTENTS I. INTRODUCTION II. WHY TELL THIS KIND OF HISTORY AND WHY TELL THIS PARTICULAR HISTORY? A. Critical Legal (Cultural) History B. Why RICO: Why Now? III. COMMON LAW CONSPIRACY AND THE NINETEENTH CENTURY UNION ...
Corporate Social Responsibility, Globalization, the Multinational Corporation, and Labor: An Unlikely Alliance
I. INTRODUCTION Corporate social responsibility is often viewed as an industry or corporation-based concept with some base in law, but it is largely concerned with preserving the public face of the corporation. (1) However, in recent years, the...
Criticizing the Economic Analysis of Franchise Encroachment Law
ABSTRACT One of the most vital legal debates in the field of franchise law has focused on one central question: whether encroachment--that is, the phenomenon in which the franchisor establishes a new franchise unit in unreasonable proximity to its...
Deconstructing Pension Committee: The Evolving Rules of Evidence Spoliation and Sanctions in the Electronic Discovery Era
I. INTRODUCTION U.S. District Court Judge Shira Scheindlin is arguably the nation's most influential judicial authority on the topic of electronic discovery ("e-discovery"). This article will review Judge Scheindlin's seminal e-discovery opinion...
Domestic Worker Organizing: Building a Contemporary Movement for Dignity and Power
We have read in history books and other books about slavery of long ago, but the way the housemaids must work now from morning till night is too much for any human being. I think we girls should get some consideration as every other labor class has,...
Ensuring Public Trust at the Municipal Level: Inspectors General Enter the Mix
I. INTRODUCTION Inspectors General represent one more strategy in a significant national effort to gain greater oversight and accountability over governmental agencies and operations. Although federal, state, and local government officials are subject...
ERISA Failures and the Erosion of Workers' Rights: The Urgent Need to Protect Private & Public Workers' Pensions and Benefits
ABSTRACT On March 11, 2011, Governor Scott Walker of Wisconsin signed into law a bill that eliminated most collective bargaining rights for the state's public-sector workers. Many other cash-strapped states followed Wisconsin's lead and introduced...
In Defense of Deterrence
The civil justice system deters misconduct. It generates far-reaching and positive market effects beyond victim compensation and recovery. Civil judgments, settlements, the potential for litigation--the tort system itself--has a beneficial effect on...
Indian Tribal Sovereignty - Current Issues
INTRODUCTION The relation of the Indian tribes living within the borders of the United States, both before and since the Revolution, to the people of the United States has always been an anomalous one, and of a complex character. (1) There is...
In Memoriam: Hon. Anthony V. Cardona
[ILLUSTRATION OMITTED] [ILLUSTRATION OMITTED] Anthony V. Cardona Class of 1970 Justice Anthony Cardona passed away on December 4, 2011 and his passing is a great loss to Albany Law School. Justice Cardona graduated from Manhattan College in...
Patent Reform and Best Mode: A Signal to the Patent Office or a Step toward Elimination?
ABSTRACT On September 16, 2011, President Obama signed the America Invents Act ("AIA") the first major overhaul of the patent system in nearly sixty years. This article analyzes the recent change to patent law's best mode requirement under the AIA....
Reconceptualizing the Law of Nuisance through a Theory of Economic Captivity
I. INTRODUCTION: COMING TO THE NUISANCE OR BECOMING AN ECONOMIC CAPTIVE? Ann and Conrad Riedi lived in the same rent-controlled apartment in Manhattan for forty years. (1) Despite this long-term entrenchment, the Riedis and many of their neighbors...
Regulating the Use and Sharing of Energy Consumption Data: Assessing California's SB 1476 Smart Meter Privacy Statute
I. INTRODUCTION The rise of digital technologies has permanently altered how human beings interact, communicate, and function in the modern world. The marriage of enhanced data processing and internet-based communication enables average citizens...
Revoking the Irrevocable Buyout: Aligning Equity with Due Diligence in Corporate Dissolution
ABSTRACT Judicial dissolution of a closely held corporation, the "corporate divorce," is one of the most acrimonious, expensive, and, by almost all accounts, unpopular of legal remedies available in business litigation. Modern corporate statutes...
The New York Court of Appeals, Albany Law School, and the Albany Law Review: Institutions Dedicated to the Evolution of the Law in New York State
It is a privilege to pay tribute in writing to the Albany Law Review on the occasion of its seventy-fifth anniversary issue. Dating back to our respective formations in 1846 and 1851, the Court of Appeals and Albany Law School have enjoyed a close...