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. 70, No. 3, Summer

A Brief History of the Mechanisms of Constitutional Change in New York and the Future Prospects for the Adoption of the Initiative Power
I. INTRODUCTION On June 5th, 2007, the New York State Senate passed for the second time in three years a bill that would amend the New York State Constitution to allow constitutional amendments to be proposed by popular initiative.1 While the likelihood...
A Decision Tree Takes Root in the Land of 10,000 Lakes: Minnesota's Approach to Protecting Individual Rights under Both the United States and Minnesota Constitutions
Elmer and Ethel are a retired farm couple living in west central Minnesota. They have recently turned the operation of their farm over to their children. It is Saturday afternoon, they are driving their pickup into town where they will get some groceries...
Appellate Division on Appeal: The Justices' Rates of Agreement, Rejection, and Vindication by the Court of Appeals
I. INTRODUCTION New York State's intermediate appeals justices vary widely in their rates of success on review by the Court of Appeals, the State's highest court. At one end, there are those justices whose votes and opinions, whether majority or...
Changing Roles: The Supreme Court and the State High Courts in Safeguarding Rights
You know what they say in show business: never follow an act with little kids, puppies, or chief justices. But here I go anyway. Before I proceed, however, for the benefit of our students I would like to acknowledge what appears to be an Albany Law...
Dedication to Judith S. Kaye
What can you say about the longest serving chief judge in the history of the Court of Appeals that has not already been said? What superlative can you use to describe a woman who has transformed the position of chief executive officer of the New York...
Editor's Foreword
Judith S. Kaye has a place in history as the first woman to serve as a Judge on the New York Court of Appeals. She also has the distinction of being the first woman to serve as the state's Chief Judge. Additionally, her tenure in the court's center...
Forgotten Law and Judicial Duty
I. INTRODUCTION It was an honor to be invited to attend the Symposium and sit on the panel for The Reemergence of State Constitutional Law and the State High Courts in the 21st Century. I enjoyed the panel discussion very much and believe that our...
Honoring Chief Judge Judith S. Kaye
Two people, above all others, have espoused the New York State Constitution in ways that carry historical importance. The two share a number of attributes. Both are widely esteemed and have had considerable influence on the nation's judiciary. One...
Initiative and Referendum: The Trials of Direct Democracy
I. INTRODUCTION Contrary to the Framers' distrust of democratic rule unless confined by rigorous restraints, political experiments during the early years of the twentieth century, and the Progressive movement that followed, sought to expand popular...
Now and Always Our Chief: The Honorable Judith S. Kaye
Upon hearing the news that Governor Eliot Spitzer had decided to reappoint Judge Judith S. Kaye for a second term as Chief Judge of the State of New York, all the practicing attorneys, law professors, and judges with whom I spoke gave the same response:...
Out of the Bottle: The Genie of Direct Democracy
There is a radical difference between a democracy and a representative government. In a democracy, the citizens themselves make the law and superintend its administration; in a representative government, the citizens empower legislators and ...
Pennsylvania Supreme Court: The More Things Change, the More They Stay the Same
I. INTRODUCTION The Pennsylvania Supreme Court turned Republican in 2002. When former Chief Justice John P. Flaherty (D) retired at the end of 2001 and Justice J. Michael Eakin (R) was elected to replace him, the court saw its first Republican majority...
State Constitutional Law and the State High Courts in the 21st Century: February 16, 2007
Thank you so much, Judge Rosenblatt and Professor Siegel--both treasured colleagues and friends--for those extraordinary tributes. Thank you so much, Paul Trumble and Jerald Sharum, the Albany Law Review, and the Albany Law School for this extraordinary...
The Indiana Supreme Court's Voting Patterns in Criminal Decisions
I. INTRODUCTION The Indiana Supreme Court's record in criminal cases has been overwhelmingly pro-prosecution. The court favored the prosecution 76% of the time in its non-unanimous decisions. (1) With five justices on the court, criminal defendants...
The Meaning of State Constitutional Education Clauses: Evidence from the Constitutional Convention Debates
"No court--believe me, and any judge will confirm this and any legislator, too--is ever going to review a legislative determination of what is adequate...." (1) I. INTRODUCTION The meaning of state constitutional education clauses has attracted...
The Original Intent and Current Operation of Direct Democratic Institutions
I. INTRODUCTION It is common these days for analysts to stress the ways that the current operation of direct democratic institutions have departed from the expectations of turn-of-the-twentieth century proponents of these institutions. As is frequently...
The Role of Ideology in the Selection of Appellate Judges
I am honored to be with you today and to present the 2005 Hugh R. Jones Memorial Lecture. My friendship with Judge Jones goes back to a time long before I was a judge; I was only a young practitioner, and he one of the leaders of the bar. Subsequently,...
Tribute to Judith S. Kaye
It would be malpractice for me to begin this tribute to Chief Judge Judith S. Kaye without a few words about what she has meant to me in my own career. I clerked for Judge Kaye more than a decade ago and during that time came to know her as a result...
Washington State's Initiative 937 and the Environment: The Emerging Impact of Grassroots Movements on National Policy
Our lives begin to end the day we become silent about things that matter. (1) --Dr. Martin Luther King, Jr. (1929-1968) Constitutional law, seemingly dormant in the recent past, has reemerged as ballot initiatives and referendums begin to drive...
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