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. 71, No. 4, Fall

A Modest Proposal for Advancing Animal Rights
I. INTRODUCTION Animal rights activists are often called nut jobs, wackos, and extremists--and that is by our friends and family members. Too often our cause is splintered by polarizing views. Instead of focusing on the positions that divide us,...
Battling the Threat: The Successful Prosecution of Domestic Violence after Davis V. Washington
I. INTRODUCTION The unique nature of violence between intimates presents unique challenges to prosecutors of domestic violence. In many instances, victims of domestic violence are unable or unwilling to testify. (1) As a result, much of the important...
Chief Judge Cuthbert Pound
Hello, thank you for having us here. Thank you, Professor Bonventre, for organizing this wonderful event. I'm going to talk to you about a Judge named Cuthbert Pound, going back even further in time than Judge Read did, because Judge Pound was...
Chief Judge John T. Loughran
I have chosen to talk about Judge John Thomas Loughran, who served as an Associate Judge on the Court of Appeals from 1934 to 1945, and as Chief Judge from 1945 until 1953. Many of you may be unfamiliar with Judge Loughran's life or jurisprudence....
Chief Judge Lawrence H. Cooke
Thank you all, and thank you especially, Judge Rosenblatt, for that wonderful introduction to the program and to each of the members of the Court. You can tell just from listening to those brief remarks what fun it was to serve alongside Judge Rosenblatt,...
Editor's Foreword
Who is your favorite judge of all time? If your answer is William Rehnquist, that says something about you. If, on the other hand, your answer is William Brennan, that says something very different. And if your answer is Sandra Day O'Connor or Lewis...
Educational Issues and Judicial Oversight
I. INTRODUCTION Few services have been more closely associated with the states, both historically and functionally, than public education and all of the auxiliary activities to which it has fallen heir. Support for the operation of public school...
Introduction
Chief Judge Lawrence H. Cooke was a giant of a man with a common touch. He was a giant who was always humble and warm, gentle and kind. He was a giant who helped ensure that, while the United States Supreme Court changed directions and its role, the...
Introduction
Thank you for putting this together, Professor Bonventre. The plan for this program grew, I think, out of our book on the history of the New York Court of Appeals. In its magnificent court room we have seen oil paintings of the Court's Judges. We recognize...
Judge Francis Bergan
Good afternoon. Thank you, very much, for having all of us here. There was a part of my career that was missed in Judge Rosenblatt's introduction, because he couldn't cover all the jobs that I've had, but I have to tell you that I began my legal...
Judge Harold A. Stevens
Good afternoon. I think you can take note of the fact that I'm the last speaker. And so since there is no one to follow me, I am permitted, indeed expected, to follow the rule of the three B's. That is to be direct, be brief, and be seated. I...
Judge Matthew J. Jasen
I intend to aim my remarks at the students here, saying to my colleagues as I was listening to each one of these really great stories, that some of you may be talking about some of us one of these days, because we couldn't talk about any living Judge,...
Judge Vito J. Titone
Well, good afternoon. It's always difficult to follow Judge Kaye. But I want to thank her for her wonderful remarks. And thank you, Judge Rosenblatt, for the introduction. And thanks to the Albany Law Review and Professor Vincent Bonventre for hosting...
State Constitutional Adjudication in a Footnote? A Critique of the Supreme Court of Louisiana's Decision in State V. Kennedy
I. INTRODUCTION The Supreme Court of Louisiana recently upheld a death sentence for a conviction of aggravated rape of a minor in State v. Kennedy. (1) While the potential implications of this decision on the proportionality jurisprudence of the...
The Development of Independent New York Constitutional Jurisprudence in Chief Judge Kaye's Judicial Opinions: An Empirical Study
I. INTRODUCTION On February 22, 1993, Judith S. Kaye was appointed Chief Judge of the New York State (NY) Court of Appeals, the state's highest court. (1) Prior to her appointment to Chief Judge, she served as an Associate Judge on the Court beginning...
The "Silver Platter" in the Context of State Constitutional Adjudication
I. INTRODUCTION A. Background--the "Silver Platter Doctrine" Almost fifty years ago, a divided United States Supreme Court issued the landmark ruling in Elkins v. United States. (1) In Elkins, the majority held that evidence obtained by state...
Throwing Stones from within a Glass House: Why the Procedural Approach to Confrontation Fails to Remedy the Ills of the Indicia of Reliability Test, and an Argument for a Balanced Rule
I. INTRODUCTION In June of 2004, the Supreme Court, in an opinion authored by Justice Scalia, decided Crawford v. Washington (1) and effected what purported to be a drastic change in Confrontation Clause jurisprudence. (2) Writing from a strict...
We're from Vermont and We Do What We Want: A "Re"-Examination of the Criminal Jurisprudence of the Vermont Supreme Court
The State of Vermont has long been an enigma to some outsiders. Many view the state--known mostly for its maple syrup, Ben & Jerry's ice cream, and a screaming former governor--as a bastion of liberal thinking and progressive politics. (1) However,...