Albany Law Review articles from January 2008

Albany Law Review archives from January 2008

Cogitations concerning the special prosecutor paradigm: is the cure worse than the disease? (tribute to former New York Court of Appeals judge Hugh R. Jones)
January 1, 2008... My tribute to the Honorable Hugh R. Jones starts with a borrowed first word. The title of my exertion begins with "Cogitations." It is the same word Judge Jones so carefully chose as the first word in the title of his masterful Cardozo Lecture...

Concurrence, Posner-style: ten ways to look at the concurring opinions of Judge Richard A. Posner.
January 1, 2008... I. Introduction II. The Nature of Concurring Opinions A. Background B. Some Traditional Views on Concurring Opinions C. Recent Takes on Concurring Opinions III. Ten Ways to Look at the Concurring Opinions of Judge ...

Regionalism revisited: the effort to streamline governance in Buffalo and Erie County, New York.
January 1, 2008... I. INTRODUCTION During the first half of the twentieth century, burgeoning grain transshipment trade and heavy manufacturing spurred the bustling economy of Buffalo, the eastern-most port on the shores of Lake Erie and the second-largest...

Passion is no ordinary word.
January 1, 2008... (Revitalizing the Lawyer-Poet: What Lawyers Can Learn From Rock and Roll. A Film Essay by Russell G. Pearce, Brian Danitz, and Romelia S. Leach (Louis Stein Center for Law and Ethics 2006)). We've got new idols for the screen today....

Teaching law office management: why law students need to know the business of being a lawyer.
January 1, 2008... I. INTRODUCTION In 1996, I started teaching a class in the principles of Law Office Management to students at the Shepard Broad Law Center, Nova Southeastern University (NSU), in Fort Lauderdale, Florida. The demand for this information...

Should antitrust principles be used to assess insurance residual market mechanisms, such as New York's medical malpractice insurance plan?
January 1, 2008... State-created insurance residual market mechanisms are typically designed to address flaws in markets in which a significant number of purchasers have difficulty obtaining affordable insurance; such programs, however, have often led to crises...

(Pre)determining the crime of aggression: has the time come to allow the International Criminal Court its freedom?
January 1, 2008... ABSTRACT The Assembly of States Party of the International Criminal Court is currently discussing the crime of aggression. It was postponed during the negotiations for the Treaty of Rome because of the contentious nature of the crime,...

Nuremberg's legacy continues: the Nuremberg trials' influence on human rights litigation in U.S. courts under the Alien Tort Statute.
January 1, 2008... I. INTRODUCTION In March of 2005, four Palestinian families and the parents of Rachel Corrie, (1) an American, filed a lawsuit against Caterpillar, Inc. (2) under the Alien Tort Statute ("ATS") (3) and general federal jurisdiction, (4) for...

Judicial activism in the service of privilege: New York's First Department makes special rules for special defendants.
January 1, 2008... Cooperatives and condominiums comprise a prominent feature of New York City's housing marketplace; there are more than 350,000 housing units in co-op and condo buildings, slightly more than half of which are located outside of Manhattan. (1)...

Indian country in cyber space: Bella Hess and commerce clause constraints on interstate, mail-order transactions.
January 1, 2008... I. INTRODUCTION When political processes fail, the rule of law prevails or people rise to power. When the political process fails between tribes and the United States, defined as it is by federal statutes and case law, there is no rule of...

A nationalist critique of local laws purporting to regulate the hiring of undocumented workers.
January 1, 2008... I. Introduction II. Federal Restrictions on the Employment of Aliens A. Congressional Intent Underlying IRCA's Enactment B. IRCA's Primary Features III. State and Local Enactments: Local Responses to a National Problem...