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Albany Law Review articles
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
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Recent articles from Albany Law Review
White collar crime's gray area: the anomaly of criminalizing conduct not civilly actionable.
January 1, 2009... ABSTRACT
Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally--subjecting individual defendants to imprisonment--but...
From the Civil War to the war on terror: the evolution and application of the state secrets privilege.
January 1, 2009... I. INTRODUCTION
On a warm July day in 1861, a Union spy named William Lloyd received secret orders from President Lincoln to infiltrate the southern states on a mission to ascertain Confederate troop positions, the plans of major fortifications, and other information which would be of...
Rulemaking without rules: an empirical study of direct final rulemaking.
January 1, 2009... ABSTRACT
In an effort to improve efficiency, several administrative agencies have adopted a procedure known as "direct final rulemaking" (DFR). Some academics have debated whether DFR violates the Administrative Procedure Act (APA), but none have studied how DFR has functioned in...
The adaptive American judiciary: from classical adjudication to class action litigation.
January 1, 2009... ABSTRACT
Beginning primarily in the late-twentieth century, the American legal system underwent several rather dramatic changes in procedure and practice. In particular, class action litigation has become one of the distinguishing features of our legal system and it remains one of the...
Victims without legal remedies: why kids need schools to develop comprehensive anti-bullying policies.
January 1, 2009... I. INTRODUCTION
The consensus among physicians and social scientists, (1) educators and youth development organizations, (2) civil rights advocates, (3) and law enforcement (4) is that bullying is neither inevitable nor normal, and that it seriously impairs the health and achievement of...