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. 64, No. 4, Summer

Albany Law School on the High Court
On January 3, 2001, Judge Victoria A. Graffeo took her oath as a Judge of the New York Court of Appeals. Graffeo, ALS class of 1977, spent nearly twenty years in state government, having served in all three branches. Among other positions, she served...
A Modest Relativism
"[N]o ends can be better than the means of their achievement."(1) This phrase, quoted from Professor Linde's 1975 Oliver Wendell Holmes Devise Lecture, is distinctive and restrained. It is distinctive in contrast to the usual "the end does not justify...
A Power of Judicial Ideas: A Tribute to Justice Hans Linde
Several years ago, we embarked on a study of judges as idea entrepreneurs--as individuals who assume the risks of aggressively pursuing concepts of particular interest in the legal marketplace.(1) In order to explore this premise in depth, we limited...
Death Isn't Welcome Here: Evaluating the Federal Death Penalty in the Context of a State Constitutional Objection to Capital Punishment
I. INTRODUCTION Since 1988, twenty-five individuals have been tried and convicted under the federal death penalty statutes.(1) These prosecutions were undertaken in thirteen states,(2) all of which have a death penalty provision under state law.(3)...
Public Law at the New York Court of Appeals: An Update on Developments, 2000
I. INTRODUCTION Many, perhaps most, New Yorkers are fairly unaware of the Court of Appeals and what it really does. Yet, the court's decisions have a profound impact on our lives.(1) The amount of power and influence that the Court of Appeals has...
State Constitutional Reform: Is It Necessary?
During the 1994 New York State Commission on Constitutional Revision, a member of the New York chapter of the League of Women Voters argued that the state constitution was too long and too policy-oriented. "The New York State Constitution is one of...
The Calculus of Dissent: A Study of Appellate Division
The New York court system is divided into three discreet functional layers.(1) The Appellate Division(2) of the New York Supreme Court, although technically only an intermediate court, is for most litigants the court of "last resort."(3) In recognition...
The Constitutional Commission in New York: A Worthy Tradition
In 1997, when New Yorkers decisively defeated a constitutionally mandated ballot proposition to convene what would have been the state's fourth constitutional convention in the twentieth century, they placed the fate of constitutional reform with the...
The Failure of Comparative Proportionality Review of Capital Cases (with Lessons from New Jersey)
I. INTRODUCTION Comparative proportionality review is an appellate proceeding peculiar to capital cases.(1) It is provided for, primarily by statute, in twenty (out of thirty-eight) death penalty states.(2) Comparative proportionality review could...
Traditional State Interests and Constitutional Norms: Impressive Cases in Conventional Settings
I. AN INTRODUCTORY NOTE Contemporary judicial federalism has passed through several phases, revealing its remarkable pliancy and adaptability. In a few states, developments during the 1970s and the early 1980s centered almost exclusively around...
Tribute to Justice Hans A. Linde
State Constitutional Commentary is proud to dedicate this issue to one of our founding members, Justice Hans A. Linde. This tribute is long overdue, as Justice Linde has oft been acknowledged as one of the pioneering figures in state constitutional...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.