Albany Law Review articles from June 2005

Albany Law Review archives from June 2005

Albany in the life trajectory of Robert H. Jackson.(Testimonial)
June 22, 2005... We recall Supreme Court Justice and Nuremberg prosecutor Robert Houghwout Jackson (1892-1954) for many reasons, but certainly a leading one is the striking contrast between his humble origins and his exalted destinations. Jackson's life began...

Robert H. Jackson: his years as a public servant "learned in the law".(Testimonial)
June 22, 2005... Even before he became a United States Supreme Court Justice in 1941, Robert Houghwout Jackson had attained national prominence as a government lawyer and political confidant of President Franklin Delano Roosevelt. His ascension to the Supreme...

Justice Jackson: a law clerk's recollections.(Testimonial)
June 22, 2005... I appreciate the opportunity to take part in this event celebrating the life and work of Justice Jackson. Among other things, it gives me a chance to acknowledge publicly my own debt for one of the great experiences of my life. I especially...

Judicial activism, judges' speech, and merit selection: conventional wisdom and nonsense.(Issues Facing the Judiciary)
June 22, 2005... OPENING REMARKS Thank you very much Ms. Noelle Lagueux-Alvarez, this year's Symposium Editor for the Albany Law Review. It is an honor to be the Faculty Advisor to the Law Review. As many of you already know, this Law Review is ranked...

Reconciling normative and empirical approaches to judicial selection reform: lessons from a bellwether state.(Texas)(Issues Facing the Judiciary)
June 22, 2005... Let me first thank the law school and the symposium organizers for the opportunity to participate in today's event. I would like to focus on two particular points. First is the Texas experience with judicial elections and the lessons that may...

Written constitutions, democracy and judicial interpretation: the hobgoblin of judicial activism.(Issues Facing the Judiciary)
June 22, 2005... The world has become more democratic. With the collapse of the Soviet Union and the end of the Cold War, ostensibly democratic states have emerged throughout the areas formerly designated as the Second and Third Worlds. The establishment of...

Perspectives on judicial selection reform: the need to develop a model appointive selection plan for judges in light of experience.(Issues Facing the Judiciary)
June 22, 2005... I wish to thank Albany Law School, its law review, and Professor Vincent Bonventre for inviting me to this symposium. The school's sponsorship of this program reminds me of a discussion that I had with a law professor. The professor said that a...

Activist or automaton: the institutional need to reach a middle ground in American jurisprudence.(Issues Facing the Judiciary)
June 22, 2005... I. INTRODUCTION The recent political season saw the idea of judicial activism regularly trotted out as an electioneering boogeyman at all levels of government--from local judicial races to the Presidency of the United States. (1) A common...

A peripatetic view of judicial free speech.(Issues Facing the Judiciary)
June 22, 2005... From 1974 to 1990, I was Counsel to the New York Republican State Committee. Then, from 1990 on, I represented, among others, people like Steve Forbes, Ross Perot and Tom Golisano, primarily involving election law issues. So I am fairly...

Judicial campaign speech restrictions: some litigation nuts and bolts.(Issues Facing the Judiciary)
June 22, 2005... Litigators confronting a new area of law must come quickly up to speed on the pertinent substantive and procedural issues. The purpose of this article is to give practitioners a jump-start in the context of constitutional challenges to...

Regulating judges' political activity after White.(Issues Facing the Judiciary)
June 22, 2005... INTRODUCTION In Republican Party of Minnesota v. White, (1) the Supreme Court struck down, on First Amendment grounds, a canon of Minnesota's Code of Judicial Conduct prohibiting candidates for judicial office from announcing their views...

If legislators fail, who is there to follow?(Issues Facing the Judiciary)
June 22, 2005... I have enjoyed a long-standing love affair with the Capitol District. As reflected in my curricula vitae, I attended the University at Albany, worked and served in the state legislature and had the great honor and pleasure to serve for six and...

Judicial politics: making the case for merit selection.(Issues Facing the Judiciary)
June 22, 2005... I am delighted to be here. If you will bear with me, indulge me just a little bit of a personal reflection. Prior to coming to CUNY Law School, I was the Executive Director of The Fund for Modern Courts, a court reform, non-partisan, statewide...

The use of legislative history in interpreting New York State and federal statutes: symposium sponsored by the New York State-Federal Judicial Council.(Panel Discussion)
June 22, 2005... Albany Law School--March 24, 2003 HON. ROSEMARY S. POOLER: (1) Good morning to everyone. My name is Rosemary Pooler. I sit on the Second Circuit and I am here representing the State-Federal Judicial Council, the group that is sponsoring...

Do judges need protection? Legislative and judicial responses to the PROTECT Act's Feeney Amendment.
June 22, 2005... I. INTRODUCTION In light of the United States Supreme Court's decision in Blakely v. Washington, (1) few were surprised (2) by the Court's announcement in United States v. Booker. (3) In Booker, the Court revealed that the Federal...