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. 62, No. 4, Summer

American Bar Assoication Report on Perceptions of the U.S. Justice System
I. BACKGROUND The American Bar Association sponsored a comprehensive nationwide survey among the general population on the United States justice system. The following textual and graphical materials are a condensed version of the results of that...
Breaking Stride: The Texas Court of Criminal Appeals' Rejection of the Lockstep Approach 1988-1998
I. INTRODUCTION As state constitutional adjudication has reemerged in the last three decades,(1) it has become increasingly important for lawyers to understand and properly argue state constitutional principles. This is especially true in criminal...
Civic Education: Recent History, Current Status, and the Future
INTRODUCTION In addressing this topic the idea of a rather barren desert with oases comes to mind. A desert is appropriate because I think that civic education, as a formal part of the curriculum that is translated into effective instruction, does...
Florida's State Constitutional Adjudication: A Significant Shift as Three New Members Take Seats on the State's Highest Court?
I. INTRODUCTION One of the powers of Florida's governor is to make appointments to the state's Supreme Court.(1) As governor, Lawton Chiles made five appointments to the Supreme Court and made a sixth appointment in conjunction with then-incoming...
Judicial Choice and the Politics of Abortion: Institutions, Context, and the Autonomy of Courts
The power of courts to thwart the will of the popularly elected branches of government and to stand in direct contradistinction to the dominant political alliance has fascinated scholars of American politics since the nation's inception. Although courts...
Judicial Outreach Initiatives
These remarks address judicial outreach initiatives, specifically what courts have done and are doing in this area, what research has been conducted, what action programs have been initiated and what we in the court system have learned from these endeavors....
Judicial Rebuttal
I am flattered at the dedication to me of the State Constitutional Commentary issue of the Albany Law Review, a publication for which I have tremendous respect. It is comforting to be told in this manner that my opinions--whether one agrees or not...
Justice Stanley Mosk
The dedication of Albany Law Review's annual State Constitutional Commentary issue to Justice Stanley Mosk of the California Supreme Court comes at a unique moment in his career. In November of 1998, at the age of eighty-six, Justice Mosk was confirmed...
Panel Discussion: American Bar Association Report
DR. JO-ELLAN DIMITRIUS(**): I'd like to first introduce my esteemed colleagues on the panel today. To my right is Marilyn Goldman, who is the regional manager and vice president of M/A/R/C[R] Research, who conducted the survey that [about which] we...
Panel Discussion: Changes in American Life
PROFESSOR THOMAS E. PATTERSON(**): Our panel will explore changes in American life and their impact on the public's perceptions and understanding of the justice system. It is a large topic. Two years [ago] at the Kennedy School, we asked the same question...
Panel Discussion: Civic Education
ASSOCIATE ATTORNEY GENERAL RAYMOND C. FISHER(**): As the American Bar Association survey indicates, the level of education in this country about our governmental and our justice system is appallingly bad. Those of us who have been educated over the...
Panel Discussion: Judicial Outreach Initiatives
MR. ROBERT STEIN(**): Our first panel will discuss judicial outreach initiatives. I have the great pleasure of introducing the presider for this first panel, Roberta Cooper Ramo of New Mexico. Roberta was elected president of the American Bar Association...
Private Property, Public Property: Shopping Centers and Expressive Freedom in the States
I. SHIFTING LIFE STYLES AND AN UNCERTAIN LEGAL ORDER The growth of suburban shopping centers in the decades following the end of World War II has had far more pervasive ramifications than merely effecting a change in the ways that goods and services...
Rethinking Traditional Approaches
I am pleased to be here with my many colleagues from the state judiciary, most especially David Brock, President of the Conference of Chief Justices, and Roger Warren, President of the National Center for State Courts. And I am delighted to be here...
The More Things Change, the More They Stay the Same: Interpreting the Pennsylvania Uniformity Clause
I. INTRODUCTION Since Justice Brennan touched off a purported rebirth of the state courts as the protectors of the people,(1) academics have been debating whether collected flickers of state court activity constitute a genuine trend.(2) While the...
The New Jersey Supreme Court in the 1990s: Independence Is Only Skin Deep
I. INTRODUCTION The prevalent view of American constitutional law and the American judicial system largely overlooks the existence of fifty state high courts and fifty state constitutions. This commonly-held notion, believed by lawyers and lay people...
The Supreme Court of Texas from 1989-1998: Independence Determined by Six-Year Terms
Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired...
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