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. 76, No. 2, Winter

Albany's Decade of Corruption: Public Integrity Enforcement after Skilling V. United States, New York's Dormant Honest Services Fraud Statute, and Remedial Criminal Law Reform
IV. NEW YORK HONEST SERVICES APPLIED TO STATE PUBLIC SERVANTS A. N.Y. Penal Law Section 200.25 and the Public Officer's Law Code of Ethics Harmonized Prosecutions of an officer or employees of a state agency, a member of the legislature, or legislative...
A Neu Neumeier: The Need for a More Flexible Framework for Choice of Law in the State of New York
"The only way to create a foundational document that could stand the test of time was to build in enough flexibility that later generations would be able to adapt it to their own needs and uses." (1) INTRODUCTION During the second half of the...
A Tribute to Judge Carmen Beauchamp Ciparick
The Albany Law Review is thrilled to dedicate this year's New York Appeals Issue to Judge Carmen Beauchamp Ciparick, in recognition of her profound influence on New York law. Instead of taking her spot on the New York State Court of Appeals quietly,...
A Tribute to the Honorable Carmen Beauchamp Ciparick
The end of a remarkable legal career, especially one marked by major changes and challenges, calls both for reflection and celebration. In the case of the Honorable Carmen Beauchamp Ciparick, this special recognition is deserved, and timely. Appointed...
Forewarned: Sports, Torts, and New York's Dangerous Assumption
On the morning of October 19, 2002, three friends set out to play a round of golf at a nine-hole course on Long Island. (1) At least two of the men--Dr. Azad Anand and Dr. Anoop Kapoor--were experienced golfers. (2) In fact, they often played together....
Judge Carmen Beauchamp Ciparick: A Kind and Talented Jurist
Is it possible for a jurist to be too nice or too kind? If so, Carmen Beauchamp Ciparick approaches the line, and you can count me among her many, many admirers for that quality. When I started with the Court of Appeals' Central Legal Research Staff...
Judge Carmen Beauchamp Ciparick: An Extraordinary Judge and Public Servant
On December 1, 1993, I was serving the second of a two-year clerkship as a Central Staff Attorney at the New York Court of Appeals when Governor Mario Cuomo nominated Justice Carmen Beauchamp Ciparick to serve as the newest member of the court. The...
Judge Ciparick: Kind-Hearted and Generous
I had the distinct pleasure of serving as one of Judge Carmen Beauchamp Ciparick's law clerks during her final three years on the bench at the New York State Court of Appeals. In reflecting on my experience working in Her Honor's chambers, I could...
Mining Treasures: A Decade of Hugh R. Jones Memorial Lectures at Albany Law School
HONORABLE HUGH R. JONES MEMORIAL LECTURE ALBANY LAW SCHOOL Dean Alexander Moot Courtroom Wednesday, October 17, 2012 I begin with thanks to the Albany Law School (as well as its fabulous new Dean, Penny Andrews), to the Fund for Modern...
My Friend, Carmen Beauchamp Ciparick
December 2012 saw the retirement of Senior Associate Judge of the Court of Appeals Carmen Beauchamp Ciparick following a long and brilliant career as a lawyer and a jurist. I have had the enormous good fortune to call her my friend for close to four...
New York's Appellate Courts Wrestle with Significant Issues in Internet Defamation Cases
I. INTRODUCTION II. THE BEGINNING OF THE INTERNET DEFAMATION AGE IN NEV YORK--LUNNEY AND FIRTH A. Lunney v. Prodigy Services Co B. Firth v. State of New York III. INTERNET DEFAMATION AND LONG-ARM JURISDICTION A. SPCA of...
New York State Bar Association: Report of the Task Force on Nonlawyer Ownership
NEW YORK STATE BAR ASSOCIATION RESOLUTION ADOPTED BY HOUSE OF DELEGATES NOVEMBER 17, 2012 WHEREAS, in 2000 the New York State Bar Association approved a resolution from the Special Committee on the Law Governing Firm Structure and Operation that...
New York State Bar Association Task Force on Nonlawyer Ownership
Table of Contents I. INTRODUCTION II. HISTORY OF THE DEBATE ON NONLAWYER OWNERSHIP IN NEW YORK A. The MacCrate Report Addresses Nonlawyer Investment in Law Firms B. NYSBA's House of Delegates Votes Against Nonlawyer ...
New York State Bar Association Task Force on Nonlawyer Ownership
VII. POSITIONS OF OTHER STATES AND COMMITTEES In addition to our NLO Task Force, several committees and bar associations from other jurisdictions or from NYSBA sections have issued formal opinions or reports in response to the ABA's nonlawyer ownership...
Punitive Damages: Public Wrong or Egregious Conduct? A Survey of New York Law
I. INTRODUCTION New York's punitive damages jurisprudence has oftentimes been confusing. Courts have at times required plaintiffs to establish a public wrong in order to award punitive damages. (1) At other times, courts have required plaintiffs...
Re-Examining New York's Law of Personal Jurisdiction after Goodyear Dunlop Tires Operations, S.A. V. Brown and J. McIntyre Machinery, Ltd. V. Nicastro
INTRODUCTION I. BACKGROUND II. GENERAL JURISDICTION A. The Supreme Court Cases: Goodyear, Helicopteros, and Perkins B. General Jurisdiction in New York III. SPECIFIC JURISDICTION A. The Supreme Court: Specific Jurisdiction...
Reversing Course: A Critique of the Court of Appeals New Rules for Unjust Enrichment and Criminal Legal Malpractice Actions
I. INTRODUCTION This article will discuss recent developments by the Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine...
The Contextual Rezoning of Sunset Park, Brooklyn, and the Decision in Chinese Staff & Workers' Association V. Burden: The Basic Principles Governing Limited Judicial Review of Environmental Challenges in New York Endure
I. INTRODUCTION Just over twenty-five years after its decision in Chinese Staff & Workers Association v. City of New York ("Chinese Staff I"), (1) the New York State Court of Appeals had occasion to consider another environmental challenge by...
Unsettled Times Make Well-Settled Law: Recent Developments in New York State's Residential Mortgage Foreclosure Statutes and Case Law
ABSTRACT The New York State and national housing markets crashed in 2008. Difficulties in the New York State housing market have continued since then, as housing values are depressed and, in many instances, mortgages on homes exceed the value of...
Where Corporations Are: Why Casual Visits to New York Are Bad for Business
Some time prior to 1881, the president of the Terre Haute Car & Manufacturing Co. was traveling through New York on his way to a seaside resort when he was served with process in a civil suit against his company. (1) The president was "not in his...
Whither the Criminal Court: Confronting Stops-and-Frisks
Two recent cases from one of New York's intermediate appellate courts suppressed evidence based on illegal searches, (1) and, given the present stop-and-frisk controversy, immediately became headline news. The New York Times ran a front-page story...