Albany Law Review articles from June 2002

Albany Law Review archives from June 2002

In memoriam.(California Supreme Court Justice Stanley Mosk)
June 22, 2002... STANLEY MOSK 1912-2001 Many years ago, he was already a legend. A law clerk from New York, I was making remarks at a conference in Washington, D.C., and he was in the audience. At the end of my presentation he approached me, and he...

Tribute to justice Stanley Mosk.(California Supreme Court Justice)
June 22, 2002... The image of justice flowing like a mighty river has been celebrated in songs and poems and prayers. Today, we celebrate that image in remembering the career of Justice Stanley Mosk. Like the mighty river of justice, the legacy of Justice Mosk...

Honoring the record service of justice Stanley Mosk, California Supreme Court (1964-present).
June 22, 2002... The Supreme Court of California convened in the courtroom of the Earl Warren Building, 350 McAllister Street, Fourth Floor, San Francisco, California, on January 7, 2000, at 9:00 a.m. Present: Chief Justice Ronald M. George presiding, and...

In defense of specific proportionality review.(death penalty cases)(response to Barry Latzer, Albany Law Review, vol 64, p. 1161, 2001)
June 22, 2002... I. INTRODUCTION Last year in this space my colleague Barry Latzer argued that comparative proportionality review in death penalty cases has proven a failure. (1) By "[c]omparative proportionality review," Professor Latzer means "whether a...

The quest for privacy: state courts and an elusive right.
June 22, 2002... AN INTRODUCTORY REVIEW If a right to privacy can hardly be considered a newfound concept, the meanings ascribed to it have long taken on an ever-changing, chameleonic cast. The American version of privacy, founded in English constitutional...

Political cycles of life and death: capital punishment as public policy in California.
June 22, 2002... I. INTRODUCTION Capital punishment has been an important issue in contemporary American politics since the mid-1960s. But, because there have been only three executions for federal crimes in almost forty years, (1) it has been left to the...

The mandatory constitutional convention question referendum: the New York experience in national context.
June 22, 2002... THE MANDATORY CONSTITUTIONAL CONVENTION QUESTION REFERENDUM: "NO" IN NEW YORK IN 1997 Voters expressed little confidence in government; turnout at the polls was consistently abysmal. Legislative elections rarely offered real choices;...

The economics of shootouts: does the passage of capital punishment laws protect or endanger police officers?
June 22, 2002... I. INTRODUCTION Over the past few years, the names of Amadou Diallo and Patrick Dorismond have been seared into the public consciousness of New York, in large part because they both were killed during a time when the public perception was...

Court of Appeals update, 2000 & 2001: conservative voting, narrow rulings.(New York)
June 22, 2002... I. INTRODUCTION The necessity of expressing a view contrary to that of the majority of one's colleagues must be kept in check and reserved for limited applications. [But,] differences of opinion are common in the conference room. They are...

Hugh Jones and modern courts: the pursuit of justice then and now.(New York Court of Appeals judge)
June 22, 2002... HUGH R. JONES MEMORIAL LECTURE Albany Law School--March 11, 2002 I begin my talk this afternoon with an expression of gratitude. I am deeply honored that the Fund for Modern Courts and Albany Law School would look to me to deliver the...

Children's justice: the legislative and judicial career of Minnesota chief justice.(Kathleen A. Blatz)(Minnesota Supreme Court)
June 22, 2002... I. INTRODUCTION The manner in which judicial decisions are made can be analyzed in various ways. More specifically, a judge's personal background and life experiences, as well as educational and professional accomplishments, all represent...

Choosing a "primacy" approach: Chief Justice Christine M. Durham advocating states rights in our federalist system.(Utah Supreme Court)
June 22, 2002... I. INTRODUCTION Women today are being appointed and elected to state high courts more frequently than ever before. (1) This is viewed, quite rightly, as an achievement for women, but it is not complete--there is still much more that must...

Joyce L. Kennard: an independent streak on California's highest court.(California Supreme Court)
June 22, 2002... On March 11, 1989, California Governor George Deukmejian nominated Joyce L. Kennard to the state's highest court--the California Supreme Court. In the Governor's announcement, he stated that "`Justice Kennard is superbly qualified and she has...