Albany Law Review articles from August 1998

Albany Law Review archives from August 1998

A tribute to law and humanity: Judge Vito J. Titone. (New York Court of Appeals)(State Constitutional Commentary)
August 6, 1998... As a Court of Appeals Judge, I have had many "hard" writings-writings that do not easily flow from the pen. But the most difficult by far are formal farewells to a colleague. And while I would happily write endless tributes to Judge Vito J....

Whose federalism? Or, why "conservative" states should develop their state constitutional law.(State Constitutional Commentary)
August 6, 1998... As the 1996-1997 Term of the United States Supreme Court drew to a close, it became clear that the big winner was, once again, federalism. The Court held that there is no national constitutional right to die.(1) Consequently, the issue of...

State courts and the separation of powers: a venerable doctrine in varied contexts.(State Constitutional Commentary)
August 6, 1998... While the text of the national Constitution of 1787 did not provide specific authorization for a separation of powers, categorical references to separate departments of government conveyed implicit recognition of the doctrine.(1) The Articles...

The transformation of the California Supreme Court: 1977-1997.(State Constitutional Commentary)
August 6, 1998... Most of our understanding of judicial behavior stems from research on the federal courts,(1) although there is a growing body of literature on this topic in the state courts.(2) The argument for paying more attention to the state judiciary,...

Perspectives: foreword.(State Constitutional Commentary)
August 6, 1998... Over two decades have passed since Justice William J. Brennan, Jr. called for state courts to interpret their state constitutions independent of federal constitutional jurisprudence.(1) For some, Justice Brennan's message signaled the rebirth...

New Mexico independent adjudication.(State Constitutional Commentary)
August 6, 1998... I. INTRODUCTION The New Mexico Supreme Court has been called upon a number of times in the last four or five years to interpret its state constitution. The New Mexico Constitution varies in a number of respects from the United States...

Presumed innocent: the legitimacy of independent state constitutional interpretation.(State Constitutional Commentary)
August 6, 1998... I. INTRODUCTION Our republic consists of a national government and fifty state governments. Each has its own constitution as well as separate legislative, executive, and judicial branches. The powers and limitations of each government...

The right to a "minimally adequate education" as guaranteed by the Mississippi Constitution.(State Constitutional Commentary)
August 6, 1998... INTRODUCTION Numerous state supreme courts have been asked to examine the extent to which their state constitutions guarantee a "fundamental right" to minimal standards of free public education in wake of the United States Supreme...

The renaissance in state constitutional law: there are a few dangers, but what's the alternative?(State Constitutional Commentary)
August 6, 1998... The renaissance in state constitutional law is nearly in full bloom. Lawyers are becoming increasingly effective in asserting state constitutional claims, having been prodded by judges and commentators to consider state constitutional...

A supreme injustice. (Nevada Supreme Court case involving disqualified judges)(State Constitutional Commentary)
August 6, 1998... "Nothing that lacks justice can be morally right."(1) INTRODUCTION Nevada is privileged to have as the dean of its judiciary a man who has been a judge for close to forty years and an acting or senior justice of the Nevada Supreme...

Contrasts. (state supreme court justice's missionary childhood in Thailand contrasts with life in U.S.)(State Constitutional Commentary)
August 6, 1998... Born in Bangkok, Thailand to American missionaries, I grew up without television or movies; I never saw Perry Mason win a case. As a child, I went to mission-run boarding schools in South Viet Nam and Malaysia; the flower children and...

Supremacy clause: or leash law?(State Constitutional Commentary)
August 6, 1998... In Federalist No. 45, James Madison stated that "[t]he powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite."(1) He further...

Influence of the Massachusetts Supreme Judicial Court on state high court decisionmaking 1982-1997: a study in horizontal federalism.(State Constitutional Commentary)
August 6, 1998... INTRODUCTION Horizontal federalism, a theory of constitutional interpretation, is one of the methods available to aid state high courts in analyzing questions arising under their state constitution. Horizontal federalism has been...

Independent state constitutional adjudication in Massachusetts: 1988-1998.(State Constitutional Commentary)
August 6, 1998... I. INTRODUCTION The independence of a state high court can be gauged by the frequency with which that court interprets its state constitution.(1) Such adjudication has become increasingly important in protecting individual liberties...

Toward a historical understanding of Montana's privacy provision.(State Constitutional Commentary)
August 6, 1998... I. INTRODUCTION Justice William Brennan urged state courts to employ independent reasoning when interpreting their respective state constitutions.(1) United States Supreme Court interpretations of the Federal Constitution, he argued,...

Constitutional Politics in the States: Contemporary Controversies and Historical Patterns.
August 6, 1998... CONSTITUTIONAL POLITICS IN THE STATES: CONTEMPORARY CONTROVERSIES AND HISTORICAL PATTERNS. By G. Alan Tarr ed. Westport, Ct: Greenwood Press, 1996,. Pp. xxi, 223. The conscious effort of some politicians, including Presidents Nixon, Reagan,...