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. 77, No. 2, Winter

A Champion for African Freedom: Paul Robeson and the Struggle against Apartheid
I. INTRODUCTION On February 28, 2013, I was honored to deliver the Paul Robeson lecture at Columbia Law School, an annual event to commemorate the life and legacy of Paul Robeson, a graduate of Columbia Law School (Class of 1923). This article is...
A Legal Review of Autism, a Syndrome Rapidly Gaining Wide Attention within Our Society
I. INTRODUCTION The word autism is derived from the Greek word "autos" which means "self" and describes conditions in which a person is removed from social interaction, that is, an isolated self. (1) Unlike many other brain disorders, Autism Spectrum...
"And Bad Mistakes? I've Made a Few": Sharing Mistakes to Mentor New Lawyers
"Good judgment comes from experience. Experience comes from bad judgment." (2) Dear Young Star: There is no sense in trying to hide it. I heard about it. Because you are a human being, it hurts. Because you are from a generation that (thanks...
At the Intersection of Wall Street and Main: Impacts of Hydraulic Fracturing on Residential Property Interests, Risk Allocation, and Implications for the Secondary Mortgage Market
I. AT THE INTERSECTION OF WALL STREET AND MAIN Unconventional gas drilling--that combination of high volume hydraulic fracturing and horizontal drilling for shale (methane) gas (a.k.a. "fracking") affects Americans in ways which are not immediately...
Avoiding Contractual Liability to Baseball Players Who Have Used Performance Enhancing Drugs: Can We Knock It out of the Park?
INTRODUCTION In 2007, Alex Rodriguez signed a $275 million, ten-year contract with the New York Yankees, setting the record at the time for largest sports contract in history. (1) Since then, he has faced many allegations of performance enhancing...
Don't Text, Talk, and Walk: The Emerging Smartphone Defense in Personal Injury Litigation
Like it or not, many of us are both happily and hopelessly addicted to texting, tweeting, emailing, and speaking on handheld devices. On the professional side, this permits lawyers, waiting in court to quietly but effectively communicate with colleagues,...
Fractured Communities: Hydraulic Fracturing and the Law in New York State
The regulation of hydraulic fracturing has been debated on many fronts and that debate will now be heard before New York's highest court in the Dryden (1) and Middlefield (2) cases. The New York Court of Appeals will have to decide whether or not municipalities...
From Kate Stoneman to Stoneman Chair, Katheryn D. Katz: Feminist Waves and the First Domestic Violence Course at a United States Law School
Abstract First-wave feminist, suffragette, and 1898 Albany Law School graduate, Katherine "Kate" Stoneman, pioneered the admission of women to the Bar of the State of New York. She led the charge against the statutory preclusion of women, overturning...
Gas Transmission Facilities: The Limits on Home Rule
I. INTRODUCTION High volume hydraulic fracturing (HVHF) is currently at the forefront of many New Yorkers' minds. The battle over the practice is proceeding on multiple fronts. In 1992, in accordance with the New York State Environmental Quality...
"Groundbreaking" or Broken? an Analysis of SEC Cybersecurity Disclosure Guidance, Its Effectiveness, and Implications
Abstract In October 2011, the Securities and Exchange Commission (SEC) responded to mounting concern about the threat of cyber-attacks on corporate America by issuing staff guidance on when publicly traded companies should disclose information about...
Hydrofracking and Home Rule: Defending and Defining an Anti-Preemption Canon of Statutory Construction in New York
Extracting natural gas through hydraulic fracturing of shale provokes bitterly divisive reactions from New Yorkers. Some communities celebrate hydraulic fracturing as a source of clean and cheap energy, jobs, and tax revenue. Others fear its environmental...
The Assault Weapons Ban - Politics, the Second Amendment, and the Country's Continued Willingness to Sacrifice Innocent Lives for "Freedom'
So, as we set out this year to defeat the divisive forces that would take freedom away, I want to say those fighting words for everyone within the sound of my voice, to hear and to heed, and especially for you, Mr. Gore: "From my cold dead hands!"...
The FDA and the Pharmaceutical Industry: Is Regulation Contributing to Drug Shortages?
I. Introduction Rebecca Robinson was a thirty six-year-old historical interpreter when she was diagnosed with Angiosarcoma, a rare blood-based soft tissue cancer, in February of 2010. (1) Over the next year and a half, after receiving five Doxil...
The Supreme Court Goes to the Dogs: Reconciling Florida V. Harris and Florida V. Jardines
In the most recent Term, the United States Supreme Court has issued rulings affecting criminal investigations and Fourth Amendment rights in two cases involving the use of drug-detection dogs: Florida u. Harris (1) and Florida v. Jardines. (2) These...
The Thirst of Fracking: Regulating to Protect the Linchpin of the Natural Gas Boom
The natural gas boom sweeping the United States has many enthusiastic about the production of domestic energy and the accompanying economic opportunities, but often taken for granted is another valuable resource that is essential to the extraction...

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