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. 4, Summer

A Judicial Traditionalist Confronts Unique Questions of State Constitutional Law Adjudication
In Federalist No. 46, James Madison acknowledged that there are "different modes" by which federal and state governments are constituted: while both have their common root in the people, the federal and state governments are "but different agents and...
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Automatic Lieutenant Gubernatorial Succession: Preventing Legislative Gridlock without Sacrificing the Elective Principle
I. INTRODUCTION In June of 2009 the government of the State of New York came to a shuddering halt. (1) Two candidates for Temporary President of the Senate, the office that represents party control, commanded equal votes for the position. (2) The...
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Battle Born: Challenges Facing the Nevada Judiciary
Adversity has fueled the Nevada Supreme Court's constant change and growth. With high unemployment rates, one of the highest foreclosure rates in the country, and in an economic climate marked by shrinking judicial resources, (1) Nevada's courts at...
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Courthouse Construction in the Commonwealth
Fifty years ago, Harry M. Caudill, a lawyer from Whitesburg, Kentucky, wrote the book Night Comes to the Cumberlands: A Biography of a Depressed Area. (1) The book brought national attention to Appalachia--a part of the country few Americans had ever...
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Defining Rights in the States: Judicial Activism and Popular Response
ABSTRACT This article examines state-level contests over the definition of rights. While the U.S. Supreme Court has established a floor of rights that all states must observe, states can expand rights beyond federal minimums. During the past four...
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Discussion on the Untold Secrets of Eagle Street
CHIEF JUDGE LIPPMAN: We're going to reveal a lot of secrets but not the handshake, whether there is a handshake or not one. Welcome. And it really is a delight here to be at the Lawrence H. Cooke State Constitutional Commentary Symposium at Albany...
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Editor's Foreword
Freedom of religion, freedom of expression, and freedom of the press. Police encounters, automobile stops, search of private land, and electronic surveillance. Self-incrimination, custodial interrogation, pre-interrogation warnings, and the right...
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Idiots and Insane Persons: Electoral Exclusion and Democratic Values within the Ohio Constitution
I. INTRODUCTION Article V, section 6 of the Ohio Constitution declares that "[n]o idiot, or insane person, shall be entitled to the privileges of an elector." (1) It is the only official caveat to the otherwise general guarantee of voting rights...
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In the Balance: Thoughts on Balancing and Alternative Approaches in State Constitutional Interpretation
"Thou art weighed in the balances, and art found wanting." (1) The scales Lady Justice holds conjure notions of balance and fairness because the scales "may be the mechanism by which ... a person 'receives that which is due, ... no more and no less."...
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Introduction of the Panelists
DEAN ANDREWS: Let me start by thanking the members of the Albany Law Review for putting together this program. You do a splendid job, and it's a great delight to work with you. Thank you. I also want to welcome all the esteemed guests, the members...
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"It Ain't Necessarily So": The Governor's "Message of Necessity" and the Legislative Process in New York
I think the people of the state said they want something done and they want it done now ... Let's act. (1) --Governor Andrew Cuomo The bill was muscled through with disturbing speed after days of secret negotiations and a late-night vote Monday...
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"It Ain't Necessarily So": The Governor's "Message of Necessity" and the Legislative Process in New York
V. THE NY SAFE ACT AND THE MESSAGE OF NECESSITY: A CASE STUDY The passage of the New York Secure Ammunition and Firearms Enforcement Act provides exemplary evidence of the extent to which the message of necessity has been transformed from a procedure...
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Juvenile Detention Reform in Missouri: Improving Lives, Improving Public Safety, and Saving Money
Throughout the last decade, justice systems nationwide have begun to implement evidence-based treatment practices designed to determine the safest, most cost-effective ways to prevent a variety of offenders from reoffending. (1) When possible, courts...
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North Dakota Distinctives
The North Dakota court system is the only state court in the nation that has not made cuts due to budget woes, according to the November/December 2012 issue of the Council of State Governments' Capitol Ideas. (1) While part of this can be attributed...
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Referenda, Initiatives, and State Constitutional No-Aid Clauses
In the 2012 general election, voters in Florida were asked to approve eleven amendments to the state's constitution. One of the proposals--Amendment 8--had been placed on the ballot by the state legislature to delete constitutional language prohibiting...
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State Constitutional Amendments and Individual Rights in the Twenty-First Century
Protecting rights is generally viewed as the responsibility of the U.S. Supreme Court and seen as taking place primarily through decisions interpreting the U.S. Constitution. Scholars have occasionally taken note of the role of Congress in deliberating...
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The Ohio Modern Courts Amendment: 45 Years of Progress
One of Ohio's greatest sons, Ulysses S. Grant, was not known for his dapper appearance. (1) Upon entering an inn one stormy night, he is said to have encountered a group of lawyers. (2) They were there for court--as was the custom in that day--and...
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The Vanguard of Equality: The Iowa Supreme Court's Journey to Stay Ahead of the Curve on an Arc Bending towards Justice
Dr. Martin Luther King insightfully and eloquently declared that "the arc of the moral universe is long, but it bends towards justice." (1) Our forty-fourth President has added an important understanding to this enduring declaration that the arc "doesn't...
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Welcome & Opening Remarks
CHIEF JUDGE LAWRENCE H. COOKE SEVENTH ANNUAL STATE CONSTITUTIONAL COMMENTARY SYMPOSIUM THE NEW YORK COURT OF APPEALS: THE UNTOLD SECRETS OF EAGLE STREET ALBANY LAW SCHOOL Dean Alexander Moot Courtroom Thursday, March 21, 2013, 5:00pm ...
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