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. 68, No. 3, Summer

Activist or Automaton: The Institutional Need to Reach a Middle Ground in American Jurisprudence
I. INTRODUCTION The recent political season saw the idea of judicial activism regularly trotted out as an electioneering boogeyman at all levels of government--from local judicial races to the Presidency of the United States. (1) A common theme...
Albany in the Life Trajectory of Robert H. Jackson
We recall Supreme Court Justice and Nuremberg prosecutor Robert Houghwout Jackson (1892-1954) for many reasons, but certainly a leading one is the striking contrast between his humble origins and his exalted destinations. Jackson's life began literally...
A Peripatetic View of Judicial Free Speech
From 1974 to 1990, I was Counsel to the New York Republican State Committee. Then, from 1990 on, I represented, among others, people like Steve Forbes, Ross Perot and Tom Golisano, primarily involving election law issues. So I am fairly familiar with...
A Tribute to Justice Robert H. Jackson & Issues Facing the Judiciary
As the 2004-2005 academic year comes to a close and I reflect on my years at Albany Law School, certain days remain vivid in my memory. Most often they are the days when special lectures or symposia were held. Days on which symposia are held give the...
Do Judges Need Protection? Legislative and Judicial Responses to the PROTECT Act's Feeney Amendment
I. INTRODUCTION In light of the United States Supreme Court's decision in Blakely v. Washington, (1) few were surprised (2) by the Court's announcement in United States v. Booker. (3) In Booker, the Court revealed that the Federal Sentencing Guidelines...
If Legislators Fail, Who Is There to Follow?
I have enjoyed a long-standing love affair with the Capitol District. As reflected in my curricula vitae, I attended the University at Albany, worked and served in the state legislature and had the great honor and pleasure to serve for six and a half...
Judicial Activism, Judges' Speech, and Merit Selection: Conventional Wisdom and Nonsense
OPENING REMARKS Thank you very much Ms. Noelle Lagueux-Alvarez, this year's Symposium Editor for the Albany Law Review. It is an honor to be the Faculty Advisor to the Law Review. As many of you already know, this Law Review is ranked within the...
Judicial Campaign Speech Restrictions: Some Litigation Nuts and Bolts
Litigators confronting a new area of law must come quickly up to speed on the pertinent substantive and procedural issues. The purpose of this article is to give practitioners a jump-start in the context of constitutional challenges to restrictions...
Judicial Politics: Making the Case for Merit Selection
I am delighted to be here. If you will bear with me, indulge me just a little bit of a personal reflection. Prior to coming to CUNY Law School, I was the Executive Director of The Fund for Modern Courts, a court reform, non-partisan, statewide organization....
Justice Jackson: A Law Clerk's Recollections
I appreciate the opportunity to take part in this event celebrating the life and work of Justice Jackson. Among other things, it gives me a chance to acknowledge publicly my own debt for one of the great experiences of my life. I especially want to...
Perspectives on Judicial Selection Reform: The Need to Develop a Model Appointive Selection Plan for Judges in Light of Experience
I wish to thank Albany Law School, its law review, and Professor Vincent Bonventre for inviting me to this symposium. The school's sponsorship of this program reminds me of a discussion that I had with a law professor. The professor said that a number...
Reconciling Normative and Empirical Approaches to Judicial Selection Reform: Lessons from a Bellwether State
Let me first thank the law school and the symposium organizers for the opportunity to participate in today's event. I would like to focus on two particular points. First is the Texas experience with judicial elections and the lessons that may be drawn...
Regulating Judges' Political Activity after White
INTRODUCTION In Republican Party of Minnesota v. White, (1) the Supreme Court struck down, on First Amendment grounds, a canon of Minnesota's Code of Judicial Conduct prohibiting candidates for judicial office from announcing their views on disputed...
Robert H. Jackson: His Years as a Public Servant "Learned in the Law"
Even before he became a United States Supreme Court Justice in 1941, Robert Houghwout Jackson had attained national prominence as a government lawyer and political confidant of President Franklin Delano Roosevelt. His ascension to the Supreme Court...
The Use of Legislative History in Interpreting New York State and Federal Statutes: Symposium Sponsored by the New York State-Federal Judicial Council
Albany Law School--March 24, 2003 HON. ROSEMARY S. POOLER: (1) Good morning to everyone. My name is Rosemary Pooler. I sit on the Second Circuit and I am here representing the State-Federal Judicial Council, the group that is sponsoring this program....
Written Constitutions, Democracy and Judicial Interpretation: The Hobgoblin of Judicial Activism
The world has become more democratic. With the collapse of the Soviet Union and the end of the Cold War, ostensibly democratic states have emerged throughout the areas formerly designated as the Second and Third Worlds. The establishment of these new...
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