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. 72, No. 3, Summer

Advancing the Rule of Law through Judicial Selection Reform: Is the New York Court of Appeals Judicial Selection Process the Least of Our Concerns in New York?
I. INTRODUCTION It is disconcerting to a reformer to be told that other things besides her reform are more pressing. Sometimes, when we have to select priorities, however, one needs to remember the adage of "first things first." This may...
A Strategy for Judicial Performance Evaluation in New York
New York has experienced a loud and tumultuous decade with respect to the selection of its state and local judges. In 2006, the system of partisan nomination of candidates for election to the trial court bench was declared unconstitutional on First...
Breaking Down Barriers: The Goodridge Decision and Modern Civil Rights
Thank you for having me. I did not realize that the instructions were to talk about our hardest case, because I was led to believe that you wanted me to talk about our decision in Goodridge, (1) the same-sex marriage case, and then if I did not talk...
Editor's Foreword
One salient characteristic of State Constitutional Commentary has been the wide variety of topics dealing with state high courts, state adjudication, and state public law in each issue. This one is true to that tradition. Advisory opinions, same-sex...
Is the New York State Court of Appeals Still "Friendless?" an Empirical Study of Amicus Curiae Participation
INTRODUCTION Amici--because they have a wider perspective, or simply a different perspective--can be of inestimable value to courts in discharging their responsibility that extends beyond the litigants. An amicus can alert the court, as the parties...
My Perspective on the Recent New York Death Penalty Cases
Thank you. I am perhaps going to disappoint you, too, by not talking about same-sex marriage. Just so you will not think that I am courting popularity, I will mention the fact that I am the author of a same-sex marriage decision which is not on the...
Rhode Island's Unique Constitutional History
Thank you very much for the generous introduction, and I am delighted to be here in Albany. I have to tell you that I accepted this invitation by e-mail from Mr. Skinner, and I do think it is the first invitation I have ever accepted via e-mail, so...
Shipping Up to Boston: The Voting of the Massachusetts Supreme Judicial Court in Nonunanimous Criminal Cases from 2001-2008
I. INTRODUCTION Republican appointed justices became a super majority on the Massachusetts Supreme Judicial Court in 2001. (1) During his four years in office, Governor Paul Cellucci (R) was presented with the extraordinary opportunity to completely...
The Convenience of the Employer Test: Why We Should Reconsider the Critique of New York's Tax Apportionment Scheme
I. INTRODUCTION In recent years, telecommuting has become increasingly popular in the United States. (1) An employee telecommutes (or "teleworks") when that employee is paid by his or her employer for work done at a location other than the employer's...
The Evolution of State Constitutional Law in Connecticut
Good afternoon and thank you for inviting me to participate in this symposium. Your topic is one that will, no doubt, elicit interesting observations from those of us on the panel, and challenging questions from the audience. A panel discussing...
The New York State Comptroller as Sole Trustee of the Common Retirement Fund: A Constitutional Guarantee?
I. INTRODUCTION In New York State, members of state and municipal pension funds enjoy a constitutionally protected right to their pensions. (1) As a result, if the pension fund were to see a devastating diminution of any kind, taxes statewide could...
To Harm, to Victimize, and to Destroy: The Ugly Reason Why the Chambers Majority Opinion Was So Right
"[A]ny serious effort on the part of judges to discover the thought or reference behind the language of a legislative enactment must be based upon a painstaking effort to reproduce the setting or context in which the statutory words were employed."...
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