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. 61, No. 1, Fall

A Narrow View of Creative Cooperation: The Current State of Jount Work Doctrine
I. Introduction Let's start with a classic example transposed to a new setting. A contributor posts to a listserv(1) what looks like a poem, or maybe lyrics. A second subscriber adds a melody and posts the result. The first or second contributor...
Appropriate Use of Scientific Literature at Trial in New York and Other Jurisdictions: Is 'Authoritative' a Magic Word?
I. Introduction Traditionally, the substantive use of learned treatises at trial has been barred as hearsay because the declarant is not available for cross-examination.(1) For more than a century, however, New York courts have recognized the...
Recent Developments concerning the Taxation of Damages under Section 104(a)(2) of the Internal Revenue Code
Introduction From its infancy, the Internal Revenue Code has contained an exclusion from taxable income for damages received on account of personal injuries. For decades, courts have worked at deciphering its meaning, dealing with issues such...
The Case for the Alternative Third-Year Program
Today, a law student seeking admission to the bar in the vast majority of American jurisdictions must not only train in the law for three years (duration requirement), but must train for all three of those years under the guidance and supervision...
The Impact of Croson on Equal Protection Law and Policy
I. Introduction In many respects the Supreme Court's 1989 decision, City of Richmond v. J.A Croson Co.,(1) was the most significant civil rights case of the nineteen eighties. It set new standards of review in equal protection cases and quickly...
The Resurgence of the Marital Rape Exemption: The Victimization of Teens by Their Statutory Rapists
Virtuous women, like young girls, are unconsenting, virginal, rapable. Unvirtuous women, like wives and prostitutes, are consenting, whores, unrapable.(1) I. Introduction The old adage "sixteen will get you twenty" is exactly that, an old...
Zeran V. AOL and the Effect of Section 230 of the Communications Decency Act upon Liability for Defamation on the Internet
I. Introduction Many interactive computer services,(1) such as America Online (AOL), CompuServe, and Prodigy operate bulletin boards, or forums, which allow subscribers to post messages that may be read and replied to by other subscribers. On...