Albany Law Review articles from March 2003

Albany Law Review archives from March 2003

A remarkable jurist.(Justice Stanley G. Feldman, Arizona Supreme Court)(Testimonial)
March 22, 2003... As of December 31, 2002, the Arizona Supreme Court lost a most remarkable jurist. Justice Stanley G. Feldman's twenty-year tenure as one of five members of the Arizona Supreme Court contributed not only a brilliant mind but an enormous capacity...

A supreme justice.(Justice Stanley G. Feldman, Arizona Supreme Court)(Testimonial)
March 22, 2003... In December of 2002, the Arizona Supreme Court lost an exceptional justice when Stanley G. Feldman retired from the bench. He served as a justice for twenty-one years, including a five year term as Chief Justice. During his long tenure, the...

Stanley G. Feldman: what one lawyer can do.(Arizona Supreme Court Justice)
March 22, 2003... Stanley Feldman makes it sound like he stumbled into law school by accident, having failed in achieving his earlier goal of becoming a professional basketball player and also having lost interest in becoming a history professor. What attracted...

Stanley G. Feldman: federalism and the state courts.(Arizona Supreme Court)(Testimonial)
March 22, 2003... I am honored to participate in the dedication of this issue of State Constitutional Commentary to Justice Stanley G. Feldman of Arizona. He has long been an insistent voice urging lawyers with difficult problems to consult the state...

Justice Stanley Feldman: an extraordinary judicial career. .(Arizona Supreme Court)(Testimonial)
March 22, 2003... On December 31, 2002, Stanley G. Feldman retired as a Justice of the Arizona Supreme Court after twenty-one years of service on that court. For five of those years, he served as Chief Justice. Justice Feldman's retirement was not entirely...

State equal protection: its diverse guises and effects.
March 22, 2003... I. AN INTRODUCTORY CRITIQUE Notions of equality that have marked the American experience built upon a heritage dating from the Declaration of Independence and tracts of the Revolutionary era. (1) Yet the promise of this legacy, modest...

Disregarding intent: using statistical evidence to provide greater protection of the laws.(public contracting discrimination cases, California)
March 22, 2003... I. INTRODUCTION The year is 2015. The Governor of California has recently announced the startling statistic that fifty percent of the state government construction contracts awarded this year went to minority-owned businesses. This...

Federalism and the Florida Constitution: the self-inflicted wounds of thrown-away independence from the control of the U.S. Supreme Court.
March 22, 2003... "[A] State is free as a matter of its own law to impose greater restrictions on police activity than those this Court holds to be necessary upon federal constitutional standards." (1) For rather obvious reasons, fears for the health of our...

Progressive federalism? A gay liberationist perspective.
March 22, 2003... The notion that one man in ten is gay may be a Kinsey-inspired myth, but it is not an urban myth. (1) Researchers have documented a striking concentration of gay men in the country's largest urban centers. (2) There, nearly one man in ten...

"Joltin' Joe has left and gone away": the vanishing presumption against preemption. .(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... When Paul Simon asked, "Where have you gone, Joe DiMaggio?," Mrs. Robinson replied, "Joltin' Joe has left and gone away." (1) But if Simon was a law professor (what a loss to music!), the lyric might have been "[w]here have you gone, the...

De Tocqueville or Disney? The Rehnquist Court's idea of federalism. .(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... Steven G. Calabresi succinctly identified the three elements of the Rehnquist Court's revision of constitutional federalism. The contemporary Supreme Court is willing for the first time since 1937 to police the boundary lines of...

Horizontal federalism in the new judicial federalism: a preliminary look at citations.(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... INTRODUCTION Oftentimes a party will argue before a state supreme court (1) that the court should undertake an independent analysis of its state constitution and recognize broader civil liberties protections than provided under the...

The silver anniversary of new judicial federalism. .(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... For those of us who have been writing and teaching about state constitutional law for several decades, it hardly seems possible that we have been at this endeavor so long. Nor does it seem possible that Justice Brennan's seminal article, State...

Federalism and the death penalty.(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... The Supreme Court's commitment to federalism is nowhere stronger than in the jurisprudence of the death penalty, but the traditional justifications for state rights ring hollow in this context. It is axiomatic in the jurisprudence of the...

Perspective on American Library Association v. United States.(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... On May 31, 2002, a three-judge panel of the U.S. District Court for the Eastern District of Pennsylvania decided American Library Ass'n, Inc. v. United States. (1) The decision declared a 2001 measure of the United States Congress known as the...

Leveraging federalism: the real meaning of the Rehnquist Court's federalism jurisprudence for states.(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... The Rehnquist Court has been credited with, or accused of--depending upon one's perspectivc--creating a "federalism revolution." Undoubtedly, the Rehnquist Court has dusted off seemingly long-forgotten federalism provisions in the Constitution...

Michigan v. Long: a twenty year retrospective.(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... I. INTRODUCTION Respect for judicial federalism requires the Supreme Court to avoid deciding questions of state law when reviewing state court decisions. (1) The Supreme Court's power lies only in interpreting federal legal questions...

State supreme courts and judicial review of regulation. .(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... By expanding the doctrine of state sovereign immunity, the United States Supreme Court has made it increasingly difficult for litigants to bring suit against state institutions as a matter of federal law in federal court. (1) Nevertheless, the...

New death penalty statue in Idaho. .(Perspectives: Federal Jurisprudence, State Autonomy)
March 22, 2003... On June 24, 2002, the Supreme Court held that the jury trial provision of the Sixth Amendment requires that enumerated aggravating circumstances in a capital trial must be found by a jury and not by a judge sitting alone, and thus, the Court...

Stare decisis v. the "new authority": the Michigan Supreme Court's practice of overruling precedent, 1998-2002.
March 22, 2003... I. INTRODUCTION The 2000 election for the Michigan Supreme Court went down in history as Michigan's most expensive judicial race ever. (1) In addition to having spent in excess of fifteen million dollars, the campaign was tarnished by...

The new southpaws: the turning of the Nevada Supreme Court's criminal decisions.(High Court Studies)
March 22, 2003... I. INTRODUCTION This high court study examines the Nevada Supreme Court's criminal rulings from 1997 to 2002. The Court's criminal rulings during this period provide over forty majority opinions that were concurrently published with...

Liberal behind the label?: a comparative high court case study of the New Mexico Supreme Court from 1997-2002.(High Court Studies)
March 22, 2003... I. INTRODUCTION How does one begin to uncover the individual judicial ideologies often masked in the opinions and decisions of a court? Identifying the underlying political and philosophical positions of the members of a state high court...

Revisiting Michigan v. Long after twenty years.(Case Note)
March 22, 2003... In the 1983 decision of Michigan v. Long, (2) the United States Supreme Court held that when a state court bases its decision primarily on federal law, or state grounds that are interwoven with federal law, the Court will assume that it has...