Albany Law Review articles from June 2000

Albany Law Review archives from June 2000

EDITOR'S FOREWORD.
June 22, 2000... Hans Linde, affectionately and deservedly dubbed the "godfather" of state constitutional law, has exerted enormous influence through both his academic scholarship and his judicial opinions. In each forum, his contributions have been...

PERSPECTIVES.
June 22, 2000... FOREWORD As part of its annual issue, State Constitutional Commentary endeavors in its Perspectives section to provide unique insight into the status of state constitutional jurisprudence in this nation. Past issues have seen addressed...

The Diallo case People v. Boss.(Panel Discussion)
June 22, 2000... ALBANY LAW SCHOOL--MARCH 7, 2000 The following is a transcript of the question-and-answer session that concluded the Albany Law School's panel discussion of the Amadou Diallo verdict, held on March 7, 2000. Panel participants included...

MEMORANDUM OF LAW OF REGIONAL NEWS NETWORK IN SUPPORT OF ITS MOTION FOR LIMITED INTERVENTION AND APPLICATION TO PROVIDE AUDIO-VISUAL COVERAGE OF TRIAL PROCEEDINGS.
June 22, 2000... PROLOGUE People v. Boss(1) arose from a March 25, 1999 Bronx County Grand Jury Indictment charging the defendants, New York Police Department (NYPD) officers Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy, with two counts...

The PEOPLE of the State of New York, Plaintiff, v. Kenneth BOSS, Sean Carroll, Edward McMellon and Richard Murphy, Defendants. In the Matter of Courtroom Television Network, Proposed Intervenor(*).
June 22, 2000... This Court is in receipt of a notice of motion, fried by proposed intervenor, Courtroom Television Network, seeking an order (a) permitting Courtroom Television Network to televise the trial in this action and (b) determining that Courtroom...

Free exercise in the states: belief, conduct, and judicial benchmarks.
June 22, 2000... State religion clauses, although currently among the least explored sections of state constitutions, have come to exhibit a limited catalog of judicially assigned meanings that set them apart, albeit minimally, from their First Amendment...

State courts and school funding: a fifty-state analysis.
June 22, 2000... I. INTRODUCTION School funding became an issue of state law after the Supreme Court in San Antonio Independent School District v. Rodriguez(1) refused to declare education a fundamental right, and declined to find that school children in...

School finance reform litigation: Why are some state supreme courts activist and others restrained?
June 22, 2000... I. INTRODUCTION Former Justice William Brennan provided an important impetus for state supreme court judicial activism when he urged state courts to "`step into the breach'" left by the Supreme Court's turn away from the liberal activism...

Expanding rights under state constitutions: a quantitative appraisal.
June 22, 2000... Much of the scholarship addressing state supreme court(1) interpretation of state-based liberties is what social scientists refer to as qualitative analysis.(2) Decision-making is investigated in general terms,(3) with regard to particular...

Gender, race, and partisanship on the Michigan Supreme Court.
June 22, 2000... INTRODUCTION Judicial research has increasingly focused on the importance of state supreme courts as players in policy-making. If only because of the large volume of cases that they hear each year, state courts of last resort exert a...

Arrested development: an analysis of the Oregon Supreme Court's free speech jurisprudence in the post-Linde years.
June 22, 2000... INTRODUCTION On January 31, 1990, Justice Hans Linde retired from the Oregon Supreme Court.(1) Already a nationally recognized leader in state constitutional adjudication when first appointed to the court,(2) Linde achieved a level of...

A decade after Smith: an examination of the New York Court of Appeals' stance on the free exercise of religion in relation to Minnesota, Washington, and California.
June 22, 2000... The New York Court of Appeals is oblivious as to the existence of its own state constitution regarding free exercise of religion. Ten years have lapsed since Employment Division, Department of Human Resources v. Smith,(1) a controversial United...