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Albany Law Review articles from December 2006
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 2006
What is a "search" within the meaning of the Fourth Amendment?
December 22, 2006... I. INTRODUCTION
The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." (1) In analyzing any Fourth Amendment issue, two separate...
Rx for drugstore discrimination: challenging pharmacy refusals to dispense prescription contraceptives under state public accommodations laws.
December 22, 2006... I. INTRODUCTION
In January 2005, a Wisconsin mother of six children who experienced condom failure after intercourse obtained a prescription for emergency contraception (1) and traveled to a Milwaukee Walgreens to fill the prescription....
Is leisure-time smoking a valid employment consideration?
December 22, 2006... I. INTRODUCTION
It has been over forty years since the Surgeon General first released a report stating that cigarette smoking is a health hazard and a primary contributor to lung disease. (1) Since that report, substantial research has...
Corporate reorganizations, job layoffs, and age discrimination: has Smith v. City of Jackson substantially expanded the rights of older workers under the ADEA?(Age Discrimination in Employment Act of 1967)
December 22, 2006... I. INTRODUCTION
The American workforce is aging. The Department of Labor's Bureau of Labor Statistics (BLS) forecasts a 10 percent overall increase in the civilian labor force between 2004 and 2014. (1) During the same period, however, the...
Invasion of privacy v. commercial speech: regulation of spam with a comparative constitutional point of view.
December 22, 2006... I. INTRODUCTION
We live in a flood of unsolicited commercial e-mail, or "spam." (1) The development of the Internet, "an international network of interconnected computers," (2) brings us "electronic mail," (3) which is one of the most...
Voluntary self-regulation of complementary and alternative medicine practitioners.
December 22, 2006... "The urge to regulate is stronger than the sex drive." (1)
I. INTRODUCTION
Complementary and alternative medicine (CAM) has been practiced and used in this country continuously since the nineteenth century. (2) All of the forms of...
Postscript.(practice monopolies and migration of health workers)
December 22, 2006... The causal link between scope of practice monopolies and migration of health workers should be investigated further.
Generally, the problems of migration are significant, (1) especially with regard to health workers. (2) There are many...
Venture capital funds, organizational law, and passive investors.
December 22, 2006... I. INTRODUCTION
The current orthodox view is that investors in U.S. venture capital funds are passive. (1) They delegate decision-making authority and other management responsibilities to the fund manager. (2) Legal scholarship on the U.S....
Necessary protection: an examination of the State Farm V. Campbell standards test and why economically efficient rules do not work at the intersection between due process and punitive damages.
December 22, 2006... I. INTRODUCTION
In 1994, a District Court of New Mexico awarded a woman $160,000 in compensatory damages and $2.7 million in punitive damages because of the burns caused after the woman spilled a cup of McDonald's coffee on herself. (1) In...