AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.
Albany Law Review articles from January 1 2009
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
Set up an RSS feed
Create a link to this page
Copy and paste this link tag into your Web page or blog:
Albany Law Review archives from January 1 2009
White collar crime's gray area: the anomaly of criminalizing conduct not civilly actionable.
January 1, 2009... ABSTRACT
Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable...
From the Civil War to the war on terror: the evolution and application of the state secrets privilege.
January 1, 2009... I. INTRODUCTION
On a warm July day in 1861, a Union spy named William Lloyd received secret orders from President Lincoln to infiltrate the southern states on a mission to ascertain Confederate troop positions, the plans of major...
Rulemaking without rules: an empirical study of direct final rulemaking.
January 1, 2009... ABSTRACT
In an effort to improve efficiency, several administrative agencies have adopted a procedure known as "direct final rulemaking" (DFR). Some academics have debated whether DFR violates the Administrative Procedure Act (APA), but...
The adaptive American judiciary: from classical adjudication to class action litigation.
January 1, 2009... ABSTRACT
Beginning primarily in the late-twentieth century, the American legal system underwent several rather dramatic changes in procedure and practice. In particular, class action litigation has become one of the distinguishing features...
Victims without legal remedies: why kids need schools to develop comprehensive anti-bullying policies.
January 1, 2009... I. INTRODUCTION
The consensus among physicians and social scientists, (1) educators and youth development organizations, (2) civil rights advocates, (3) and law enforcement (4) is that bullying is neither inevitable nor normal, and that it...
The judges v. the state: obtaining adequate judicial compensation and New York's current constitutional crisis.
January 1, 2009... I. INTRODUCTION
Though the problem of obtaining secure and adequate compensation for judges, rightly deemed indispensable to maintaining an independent and qualified judiciary, has plagued our constitutional system since its inception, (1)...
A tale of two debtors: bankruptcy disparities by race.
January 1, 2009... I. INTRODUCTION
Legal policy has long struggled with the issue of official neutrality in the face of racially disparate results. While the days of laws explicitly discriminating against people of color may be gone, the legal system as a...
Making peace and making money: economic analysis of the market for mediators in private practice.
January 1, 2009... I. INTRODUCTION
In 1999, Frank Sander, a pre-eminent ADR scholar, was asked to evaluate the state of ADR. (1) His answer was that while "we've made amazing progress," we still "have a way to go." (2) One of his greatest concerns was about...
Improving public access to the Adirondack forest preserve.(New York)
January 1, 2009... I. INTRODUCTION
The public's right to use and enjoy New York's state-owned lands in the Adirondack Park has little meaning when the public has no practical means of accessing the resource. (1) This situation occurs in areas of the Park...
The forum non conveniens motion and the death of the moth: a defense perspective in the post-Sinochem era.
January 1, 2009... I. INTRODUCTION
"As a moth is drawn to the light, so is a litigant drawn to the United States. If he can only get his case into their courts, he stands to win a fortune." (1)
On March 5, 2007, the United States Supreme Court resolved...
"But I'm Denny Crane!": age discrimination in the legal profession after Sidley.
January 1, 2009... I. "TRUST ME. I CAN FIX THIS. I'M DENNY CRANE."
Art doesn't always imitate life when it comes to the law. Boston Legal's aging TV lawyer Denny Crane may manage week after week to weasel out of predicaments that would cost younger men their...