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. 4, Fall

A More Modest Proposal Than a Common Law for the Age of Statutes: Greater Reliance in Statutory Interpretation on the Concept of Interpretative Intention
"The limits of honest interpretation are too constricting...." Guido Calabresi (1) As Judge Calabresi has observed, American law has entered a new Age of Statutes. (2) Indeed, American law has undergone "statutorification." (3) At one time, our...
Are Inseverability Clauses Constitutional?
In 1987 the state legislature of Pennsylvania passed a seemingly ordinary bill with one extraordinary feature. At first glance, the bill seemed like one of those general-purpose measures to increase government pay that legislators find politically...
Aspiring Parents, Genotypes and Phenotypes: The Unexamined Myth of the Perfect Baby
ABSTRACT Summary Although many have argued that assisted reproductive technologies ("ARTs") attract those with a desire to genetically engineer their offspring, this claim has yet to be verified. To address this question, we surveyed three groups:...
Balancing Civil Liberties and Homeland Security: Does the USA Patriot Act Avoid Justice Robert H. Jackson's "Suicide Pact"?
I. INTRODUCTION As we commemorate the fiftieth anniversary of the passing of Robert H. Jackson, we honor a man who capitalized on the infinite possibilities a legal education provides. Following his studies at Albany Law School, Justice Jackson's...
Deliberative Autonomy and Legitimate State Purpose under the First Amendment
The right to free speech is usually thought of as rooted in the autonomy of the speaker: An autonomous individual may speak freely and the state may not stop her. Some commentators have found such an autonomy-based view of our free speech rights abstract...
Detainees
It is an honor and a pleasure to be a part of this symposium and distinguished panel. I had the occasion to argue the very first case on behalf of the Guantanamo detainees, which was decided in February 2002, in the federal district court and then...
Economic Formalism in Antitrust Decisionmaking
I. INTRODUCTION The Supreme Court's watershed decision in Continental T.V., Inc. v. GTE Sylvania Inc. (1) had a dramatic effect on the legality of vertical territorial and customer restraints. Prior to the decision, the legality of such restraints...
Foreword
It is my great pleasure to write this foreword. This symposium on Wartime Security and Constitutional Liberty was organized to honor Justice Robert H. Jackson, who graduated from Albany Law School in 1912. The very successful live symposium, at which...
Hamdi Meets Youngstown: Justice Jackson's Wartime Security Jurisprudence and the Detention of "Enemy Combatants"
More than any Justice who has sat on the United States Supreme Court, Associate Justice Robert H. Jackson explained how our Eighteenth Century Constitution--that "Eighteenth-Century sketch of a government hoped for" (1)--struggles both to preserve...
Justice Jackson, Nuremberg and Human Rights Litigation
I would like to thank Albany Law School for organizing this event. It is an honor for me to speak today alongside such distinguished panelists. Justice Robert H. Jackson thought that his role as the United States chief prosecutor at Nuremberg was...
Juvenile Execution, Terrorist Extradition, and Supreme Court Discretion to Consider International Death Penalty Jurisprudence
I. INTRODUCTION Multilateral treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the...
People V. Cahill: Domestic Violence and the Death Penalty Debate in New York
INTRODUCTION For much of its history, New York has been a death penalty state. In 1995, after much controversy, and with great fanfare, Governor Pataki signed a new capital punishment statute, New York Penal Law section 125.27. (1) This law and...
Robert H. Jackson and the Enforcement of the Federal Tax Laws
"He is blind to coming events, who fails to see ahead a heavy and growing tax burden." (1) So said Robert H. Jackson in 1934, while serving as Assistant General Counsel for the Treasury Department's Bureau of Internal Revenue. Jackson recognized the...
Robert H. Jackson at the Antitrust Division
Robert H. Jackson served as the Assistant Attorney General in charge of the Antitrust Division of the U.S. Department of Justice from January 1937 until March 1938. Although Jackson was head of the Division for only fourteen months, he held that position...
Robert H. Jackson, Public Servant
In the case of Robert H. Jackson, the words "public servant" describes a man devoted to the best interests of his profession, his community, and his Nation. Throughout his career, Jackson demonstrated the highest standards of the legal profession....
The Bald and Golden Eagle Protection Act
I. INTRODUCTION In 1782, the Continental Congress adopted the bald eagle as the symbol of our emerging nation. (1) In 1940, to protect this national symbol from extinction, Congress enacted legislation popularly known as the Bald Eagle Protection...
The Governor - from Figurehead to Prime Minister: A Historical Study of the New York State Constitution and the Shift of Basic Power to the Chief Executive
I. INTRODUCTION This article traces the evolution of the New York State government from a legislatively dominated constitutional structure to a more executive dominated one, a movement that has been vindicated by the courts. The focus of this study...
United States Policy and Practice for the Detention of Enemy Combatants in the War on Terror
Thank you, Dean Guernsey, for inviting me to be a part of this important conference. I am glad that Albany Law School is hosting it. It is a timely discussion that we are having--the question of wartime security and constitutional liberty. It is an...
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