Albany Law Review articles from December 1999

Albany Law Review archives from December 1999

Justice for all? The Supreme Court's denial of pro se petitions for certiorari.
December 22, 1999... "I'm going to take this case all the way to the Supreme Court!" Each Term,(1) approximately two thousand civil(2) litigants, disappointed by an adverse decision in a lower court, make good on this refrain by paying the required fee,(3) and...

Justice David Josiah Brewer and the "Christian nation" maxim.
December 22, 1999... One of the more controversial yet least understood pronouncements by the United States Supreme Court is its 1892 declaration that the United States "is a Christian nation."(1) The statement, appearing in an otherwise obscure decision...

The misperception and ensuing error concerning the presumption of arbitrability in New York public employment.
December 22, 1999... I. INTRODUCTION The presumption of arbitrability is a judicial construct integral to the grievance-arbitration procedures set forth in the collective bargaining agreement/contract.(1) Its origin is traceable to the historically recognized...

Structuring corporate board action to meet the ever-decreasing scope of Revlon duties.
December 22, 1999... INTRODUCTION The landmark decision by the Delaware Supreme Court in Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc.(1) and its subsequent progeny have caused a general atmosphere of confusion and uncertainty for courts, academics and,...

Are traditional agency principles effective for Internet transactions, given the lack of personal interaction?
December 22, 1999... I. INTRODUCTION While no one can question the fact that the law is constantly changing,(1) there are some general principles of law that have remained relatively stable over time. These principles may be applied to different types of fact...

The other family tree: leaving your legacy in a private foundation.
December 22, 1999... I. INTRODUCTION Recent drivers may not know that there was once a time when roads did not have those painted white lines along their shoulders. Originally, the lines were only in the middle. In the early 1950s, engineer Dr. John V. N. Dorr...

Redefining the right to reproduce: asserting infertility as a disability under the Americans with Disabilities Act.
December 22, 1999... INTRODUCTION Ms. Kraft and her husband live in a tight, one-bedroom apartment on the Upper East Side of Manhattan.(1) They are deep in debt, both to their families and to credit card companies, and have been forced to withdraw money from...

Arbitration bodies should be considered tribunals under s. 1782. (28 U.S. Code section 1782) (Case Note)
December 22, 1999... I. INTRODUCTION The purpose of this Note is to analyze the Second Circuit's decision in NBC v. Bear Stearns & Co.(1) and its interpretation of Title 28, [sections] 1782 of United States Code. The statute governs the obtaining of evidence...

The parameters of the substantial justification test as established by the Supreme Court in Lunding v. New York Tax Appeals Tribunal.
December 22, 1999... I. INTRODUCTION The Privileges and Immunities Clause of the United States Constitution prohibits a state from enacting laws designed to discriminate in favor of citizens of that state over citizens of other states.(1) The United States...