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. 4, Summer

A Champion of State Constitutions
It is a distinct honor for me to be able to contribute to the dedication of this issue of the Albany Law Review to Chief Justice Christine Durham, just as it was my great privilege to have served as her law clerk twenty years ago. While I want to focus...
A Judge in Full: Wallace Jefferson of Texas
During his eight years as Chief Justice of the Texas Supreme Court, Wallace Jefferson has written a number of deeply engaging opinions that illustrate his command of the work required of an appellate judge. (1) These opinions are both thorough and...
A Modest Proposal for Selection of Oregon Judges
Politicians and scholars worldwide have long been impressed with the fragility of judicial power. When it comes to securing compliance with their decisions, courts are said to have neither the power of the "purse"--the ability to raise and expropriate...
Anything Goes: A History of New York's Gift and Loan Clauses
6. Bordeleau The case of Bordeleau v. State (331) is the latest pronouncement by the Court of Appeals on the applicability of the gift and loan clauses to public authorities. In Bordeleau, the plaintiffs challenged appropriations in the 2008-2009...
A Perspective on State Courts Today
I am delighted to be part of Perspectives, part of your State of State Courts issue, part of the Albany Law Review, and in any way part of this Law School. During my twenty-five years, three months, nineteen days, and twelve hours (but who's counting?)...
Check One and the Accountability Is Done: The Harmful Impact of Straight-Ticket Voting on Judicial Elections
INTRODUCTION States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even...
Chief Judge Lawrence H. Cooke Sixth Annual State Constitutional Commentary Symposium: The State of State Courts: Albany Law School: Dean Alexander Moot Courtroom: Thursday, March 8, 2012, 1 P.M.: Welcome & Opening Remarks
Good afternoon, everyone. I'm Patrick Woods, the Editor-in-Chief of the Albany Law Review. I'd like to welcome you to the Sixth Annual Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium. This is our spring symposium in our seventy-fifth...
Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar
In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. (1) Lost in the appropriate fanfare connected to her groundbreaking...
Civic Engagement and Education - a Chief Passion for the Chief, Christine Durham
It was September 2008, a beautiful fall day in Utah. Utah Supreme Court Chief Justice Christine Durham had just received the 2008 Excellence in Ethics award from the Center for the Study of Ethics ("CSE") at Utah Valley University. As part of the Ethics...
Constitutionally Speaking, Does Retention Matter?
I. INTRODUCTION The short answer has to be "no." But then that's only my opinion, which like vestigial organs and orifices unmentioned in polite company, everyone's got. Scholar or simpleton, '"As many men, so many minds;' every one his own way."...
Contested Elections as Secret Weapon: Legislative Control over Judicial Decision-Making
I. INTRODUCTION What does a battle over contested election of judges look like? In Tennessee, it has taken the form of a battle over summary judgment. Since 1971, Tennessee has chosen its appellate judges through merit selection. (1) Pursuant to...
Discussion on the State of State Courts
CHIEF JUDGE LIPPMAN: Professor Bonventre does have a way of raising expectations. But we are going to try to meet his expectations, because he makes us all proud to be here. I also just want to mention, before we dig right in, I'm so pleased that Judge...
Donation after Cardiac Death: Respecting Patient Autonomy and Guaranteeing Donation with Guidance from Oregon's Death with Dignity Act
As medical technologies advance, the legal community is forced to address difficult medical issues, balance competing ethical concerns, and find solutions to seemingly impossible questions. One such question is whether a patient "living" in a medically...
Editor's Foreword
'The State of State Courts," this year's edition of the State Constitutional Commentary Symposium, was another remarkable event. The annual symposium, named in honor of Chief Judge Lawrence H. Cooke--an advocate of independent state constitutional...
In Dedication to Chief Justice Christine M. Durham
In 1982, Christine Meaders Durham was named the first female Justice to the Utah Supreme Court by then-Governor Scott M. Matheson. Only thirty-seven years old, she had served as a trial judge for four years before being appointed to Utah's highest...
Introduction of the Panelists
PROFESSOR MICHAEL J. HUTTER: Good afternoon. I have the distinct pleasure of introducing the Honorable Jonathan Lippman, known initially as the Chief Judge of the Court of Appeals, but he actually wears a second hat. He is also the Chief Judge of the...
Judicial Selection Principles: A Perspective
We commend the Albany Law Review for focusing attention on the critical issues involved in judicial selection. Our country prides itself, justifiably, on being a nation of laws. But history tells us that the rule of law cannot survive without an independent...
On the Many Reasons for Our Gratitude to Chief Justice Christine M. Durham
[ILLUSTRATION OMITTED] [ILLUSTRATION OMITTED] State supreme courts, like any other institution, benefit as much from change as from continuity, and retiring judges try hard to remind ourselves of that as we step back from our calling and allow...
Portrait of a Judge: Judith S. Kaye, Dichotomies, and State Constitutional Law
I. INTRODUCTION: A CAREER OF THEORY AND PRACTICE First, let me say how honored and delighted I am to be here to start us out on this afternoon's project, which I would describe as all of us working together to compose a verbal portrait of Chief...
Safeguarding the Right to a Sound Basic Education in Times of Fiscal Constraint
ABSTRACT Since the economic downturn that began in 2008, shortfalls in revenues of state government have precipitated wide-spread reductions in educational expenditures that are likely to continue for the foreseeable future. Schools throughout the...
The Increasingly Fractious Politics of Nonpartisan Judicial Selection: Accountability Challenges to Merit-Based Reform
I. INTRODUCTION In 1940 the state of Missouri reformed its method of selecting judges in its supreme court and other designated courts in an effort to insulate the judiciary from partisan politics and to assure judicial independence. (1) Missouri's...
The Injustice of Infertility Insurance Coverage: An Examination of Marital Status Restrictions under State Law
I. INTRODUCTION II. THE CONDITION OF INFERTILITY III. HISTORY OF INFERTILITY INSURANCE COVERAGE A. Federal Law B. State Law 1. Hawaii 2. Rhode Island IV. REASONS TO INCREASE COVERAGE V. CONCLUSION I. INTRODUCTION ...
The Successful Creation of a Platform for Debate: Utah Chief Justice Christine M. Durham's Legacy Embodied in American Bush V. City of South Salt Lake
The jurisprudence for which we should remember Chief Justice Christine M. Durham is her insistence on the consideration and interpretation of the Utah Constitution as separate and distinct from the Federal Constitution. Chief Justice Durham pioneered...
The Three-Ring Circus: New Jersey's 2010 Judicial Retention Crisis
When Gov. Chris Christie of New Jersey chose not to renominate Justice John Wallace Jr. to the State Supreme Court in May, it was a case of political overreach. The situation is now a national disgrace, thanks to the governor, the State Senate president,...
Tribute to Chief Justice Durham: The "Special Responsibility" of Lawyers and Judges
Just a few weeks after the September 11, 2001 terrorist attacks, I started my job as a law clerk for Justice Christine M. Durham of the Utah Supreme Court. (1) It was a time of great sadness and anxiety. Everywhere I went people were talking about...