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Albany Law Review articles from December 2005
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 2005
Children adrift: addressing the educational needs of New York's foster children.
December 22, 2005... I. INTRODUCTION
For every child, quality education can clear the path to opportunity and success in life. Yet every day children in foster care face profound disruption to their education and significant obstacles to school success. As a...
What is a tragedy of the commons? Overfishing and the campaign spending problem.
December 22, 2005...
I. INTRODUCTION
II. THE TRAGEDY OF THE COMMONS
A. Hardin's True Tragedy
B. Do Nothing?
C. Distinguished From Other Large-Group Externality
Problems
D. Other Examples of Tragedies of the Commons
...
"Because of ... sex": rethinking the protections afforded under Title VII in the post-Oncale world.
December 22, 2005... When the Supreme Court decided Oncale v. Sundowner Offshore Services, Inc., (1) it opened the door to much more than suits involving same-sex sexual harassment. In holding that Title VII's prohibition of discrimination "because of... sex" (2)...
The quintessential force multiplier: the inherent authority of local police to make immigration arrests.
December 22, 2005... I. INTRODUCTION
The terrorist attacks of September 11, 2001 underscored for all Americans the link between immigration law enforcement and terrorism. Nineteen alien terrorists had been able to enter the country legally and undetected,...
Redefining due process analysis: Justice Anthony M. Kennedy and the concept of emergent rights.
December 22, 2005... I. INTRODUCTION
Justice Anthony M. Kennedy's decision for the Supreme Court in Lawrence v. Texas (1) was a significant ruling in numerous respects. Lawrence overruled Bowers v. Hardwick, (2) a landmark case vindicating the power of the...
Intersectionality as "catch 22": why identity performance demands are neither harmless nor reasonable.
December 22, 2005...
I. INTRODUCTION
II. ASSIMILATION, ESSENTIALISM, AND THE "SLIPPERY SLOPE"
III. THE UNREALIZED PROMISE OF INTERSECTIONAL ANALYSIS
IV. PRICE WATERHOUSE AND THE "DOUBLE BIND"
V. CONTRADICTIONS EXPOSED BY INTERSECTIONALS
VI....
At last, some clarity: the potential long-term impact of Lingle v. Chevron and the separation of takings and substantive due process.
December 22, 2005... I. INTRODUCTION
Regulatory takings often is considered one of the most doctrinally confused areas of constitutional law. Bucking its general habit of adding to this confusion with every takings case that it hears, the Supreme Court...
Stealing from the poor to give to the rich: why New York should abandon attempts to collect fuel taxes on reservations.
December 22, 2005... I. INTRODUCTION
Midsummer 1992 was a volatile period in New York State history. The State had attempted to impose and collect sales and excise taxes on fuel sold by Indian (1) reservation businesses to non-Indian buyers. (2) The tension...