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Albany Law Review articles from December 1998
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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Albany Law Review archives from December 1998
Coming out: decision-making in state and federal sodomy cases.
December 22, 1998... The law is meant to be a way in which people can live together in spite of their differences.
--James Boyd White(1)
[J]ustice is the relation to the other.
--Jacques Derrida(2)
INTRODUCTION
In 1791, American states were...
The government contractor defense: breaking the Boyle barrier.
December 22, 1998... INTRODUCTION
On the afternoon of April 27, 1983, off the Virginia coast, Marine First Lieutenant David A. Boyle and three crew members flew a CH-53D assault helicopter on a practice approach to the USS Shreveport. Lieutenant Boyle, the...
The impact of "fair use" in the higher education community: a necessary exception.
December 22, 1998... I. INTRODUCTION
Despite legislative efforts to define it, the concept of Fair Use(1) has been the subject of aggressive debate among publishers, authors, librarians, and users of copyrighted information ("academics") at academic...
Consumer abuse of bankruptcy: an evolving philosophy of debtor qualification for bankruptcy discharge.
December 22, 1998... INTRODUCTION
In 1984, Congress amended section 707 of title 11, United States Code ("Bankruptcy Code" or "Code") to provide for dismissal of a consumer debtor's Chapter 7 (liquidation) petition in bankruptcy if the court found that...
Changes in the role and the form of the trust at the new millennium, or, we don't have to think of England anymore.
December 22, 1998... I. INTRODUCTION
This Article is about changes in the role and the form of the trust at the turn of the century and, even more grandly, at the turn of the millennium, with a few thoughts about various reforms in the draft Restatement of...
What's the score? Does the right of publicity protect professional sports leagues?
December 22, 1998... INTRODUCTION
For nearly forty-five years, courts have protected the marketable identity of professional athletes and other celebrities in a number of factual settings, under the rubric of "the right of publicity."(1) During that time,...
Untwisting the common law: public trust and the Massachusetts colonial ordinance.
December 22, 1998... I. INTRODUCTION
In the beginning, Nature was the law. And, the law had vision, and decreed that some lands were imbued with unique attributes making them different from all other lands. And such lands were bathed in water twice a day and...
Law & economics and tort law: a survey of scholarly opinion.
December 22, 1998... INTRODUCTION
Recent litigation brought against cigarette manufacturers,(1) software companies over potential year 2000 computer problems,(2) and a fast food restaurant for serving coffee that was allegedly too hot(3) reminds us of the...
Just cheap butts, or an equal protection violation? New York's failure to tax reservation sales to non-Indians.
December 22, 1998... The failure to enforce the Tax Laws against some to whom they apply, to the detriment of others, is unconstitutional. The unconstitutionality lies not on the face of the statute but in its unequal enforcement. Such is the meaning of the...
An examination of the New York State Board of Law Examiners' policy towards individuals with learning disabilities.
December 22, 1998... INTRODUCTION
The Americans with Disabilities Act of 1990 (ADA) prohibits all licensing, certification, and testing authorities from discriminating against applicants with mental or physical disabilities.(1) Titles II and III of the ADA...
Regulating the Internet.(Case Note)
December 22, 1998... I. INTRODUCTION
"Restricting [indecent] criminal material on the Internet should be a matter of common sense in any country that values its children more than it values the rights of consumers addicted to what degrades and dehumanizes."(1)...