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Albany Law Review articles from December 2000
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 2000
International human rights and United States law: predictions of a courtwatcher.
December 22, 2000... THE KATE STONEMAN PROFESSORSHIP LECTURE
For a number of years, international law scholars like Harold Koh and activists like Dorothy Thomas have admonished domestic civil rights lawyers to "bring international law home."(1) Domestic...
Union strategies in privatizations: Shakespeare-inspired alternatives.(public-sector unions facing privatization)
December 22, 2000... INTRODUCTION
Antony: Let Rome in Tiber melt, and the wide arch Of the ranged empire fall!(1)
This article focuses on the strategic choices available to public sector unions facing privatization, and explores several alternative...
Public forums, selective subsidies, and shifting standards of viewpoint discrimination.(government censorship of subsidized speech)
December 22, 2000... I. INTRODUCTION
In modern American society,, the government distributes benefits to its citizens in a multitude of ways. Need a doctor or a lawyer but can't afford one? You may qualify for government-subsidized medical or legal aid.(1)...
Challenges for cause in New York criminal cases.
December 22, 2000... I. INTRODUCTION
The right to an impartial jury has long been recognized by both the United States Supreme Court and the New York Court of Appeals as one of the most fundamental rights guaranteed to the accused.(1) Without an impartial...
The application of labor relations and discrimination statutes to lay teachers at religious schools: the Establishment Clause and the pretext inquiry.(Catholic school teachers)
December 22, 2000... I. INTRODUCTION AND BACKGROUND
The courts have not dealt consistently with the First Amendment excessive entanglement concerns that arise when lay teachers at religious elementary and secondary schools are covered by a state labor...
Sunday law in the nineteenth century.
December 22, 2000... I. INTRODUCTION
Since the late nineteenth century the grip of Sunday laws on American behavior has slowly relaxed. Even in states that retain these regulations, the "blue laws" are now a pale reminder of a time when legislation banned...
Inmates' religious rights: deference to religious leaders and accommodation of individualized religious beliefs.(New York State)
December 22, 2000... In Jackson v. Mann,(1) an inmate in a New York State correctional facility claimed Department of Correctional Services [DOCS] officials were violating his First Amendment right to exercise his religion.(2) The inmate, Nathaniel Jackson,...
What you can't see can hurt you: Do latent violations of a restrictive land use ordinance, existing upon conveyance, constitute a breach of the covenant against encumbrances?
December 22, 2000... I. INTRODUCTION: "IMAGINE FOR A MOMENT...."
If you are a homeowner, you know the difficulties and stress associated with purchasing a home. However, you probably also know the satisfaction involved, when the purchase is complete. You know...
Mark G. v. Sabol: substantive due process rights, a possibility for foster care children in New York.
December 22, 2000... INTRODUCTION
We will make mistakes if we go forward, but doing nothing can be the worst mistake. What is required of us is moral ambition. Until our composite sketch becomes a true portrait of humanity we must live with our uncertainty; we...