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. 73, No. 4, Summer

A Conviction Integrity Initiative
Thank you, Chief Judge Lippman. It's always a great pleasure to be with you and I want to tell you how pleased I am to be able to look forward to working with you on the Task Force. There are a number of people I would like to thank and recognize....
Adversaries as Allies: Joining Together to Prevent Criminal Injustice
Thank you, Chief Judge Lippman. I'd also like to thank the Albany Law Review for organizing this symposium, because the topic is critically important and I appreciate the opportunity to participate. Today, I will try to address what's necessary...
Chief Judge Lawrence H. Cooke Fourth Annual State Constitutional Commentary Symposium: Wrongful Convictions: Understanding and Addressing Criminal Injustice
MODERATOR'S INTRODUCTION Thank you, Professor Bonventre, for that lovely introduction. It has been a delight to work with you on this symposium. I want to recognize and applaud all the great work you have done over the years to shine a scholarly...
Convicts in Court: Felonious Lawyers Make a Case for Including Convicted Felons in the Jury Pool
I. INTRODUCTION Currently, in twenty-nine states and the federal court system, a convicted felon can practice law, but cannot serve on a jury. (1) In these jurisdictions, bar examiners conduct individualized evaluations of all aspiring attorneys,...
Editor's Foreword
This is the fifteenth annual issue of State Constitutional Commentary. The first one included a project providing judicial profiles of each member of New York State's highest court. Students on the Albany Law Review, which publishes this journal as...
Extraordinary Wrongful Convictions, Ordinary Errors - Why Measurement Matters
We are here today to talk about an extraordinary event in our criminal justice system: a wrongful conviction that can be proved with per se evidence. I am here, however, to tell you that the occurrence is not so extraordinary. There are places in America...
False Confessions
This is an important symposium on an important topic, and nobody has made mention yet of the fact that when a wrongful conviction occurs the innocent defendant is not the only victim. There are several others--including the defendant's family and friends...
Good Enough for Government Work: The Interpretation of Positive Constitutional Rights in State Constitutions
INTRODUCTION The United States Supreme Court ruled in DeShaney (1) and reaffirmed in Castle Rock (2) that absent conditions of confinement, the Due Process Clause imposes no affirmative obligations upon government to protect an individual's life,...
New York's C(O.Sub.2) Cap-and-Trade Program: Regulating Climate Change without Climate Change Legislation
I. INTRODUCTION In 2005, New York joined six other states in announcing their plan to implement the Regional Greenhouse Gas Initiative ("RGGI"), the first ever mandatory cap-and-trade program for carbon dioxide. (1) Cap and trade refers generally...
Protecting the Innocent in New York: Moving beyond Changing Only Their Names
I. INTRODUCTION New York courts generated more than forty thousand felony convictions in 2007 (1) and an additional 155,746 misdemeanor convictions. (2) Roughly sixty-two thousand individuals are presently incarcerated in New York prisons (3) and...
Resentencing after the "Fall" of Rockefeller: The Failure of the Drug Law Reform Acts of 2004 and 2005 to Remedy the Injustices of New York's Rockefeller Drug Laws and the Compromise of 2009
Insanity is doing the same thing, over and over again, but expecting different results. --Rita Mae Brown (2) I. INTRODUCTION "Vice" is defined as "an evil, degrading, or immoral practice or habit." (3) With the proper treatment, however, habits...
State Supreme Courts, State Constitutions and Civil Litigation
I. INTRODUCTION State constitutions have been the motive force in American political and economic development. This is not to dismiss the role played by the national Constitution, but that document has undergone very few changes in our history while...
The "Tough Little Bunch": The Rhode Island Supreme Court's Strong Judicial Integration and Commitment to Judicial Restraint
In the words of Chief Justice John Roberts, "judges must be constantly aware that their role, while important, is limited. They do not have a commission to solve society's problems, as they see them, but simply to decide cases before them according...
View from the Trenches: The Struggle to Free William Richards
I. INTRODUCTION The mounting number of convictions reversed as a result of DNA testing and television shows like "CSI" have probably given the general public some misperceptions about forensic evidence and the criminal justice system. First, DNA...
Wrongful Convictions Then and Now: Lessons to Be Learned
Thank you very much, Chief Judge Lippman. I'm going to stand because my back would be to most of the room if I were to do otherwise. Thank you, Professor Bonventre, wherever you are, and to Jill Kasow and Matt Laroche and everybody associated with...

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