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Albany Law Review articles from March 2005
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
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Albany Law Review archives from March 2005
George Bundy Smith--a good lawyer.(New York Court of Appeals judge)(Testimonial)
March 22, 2005... As I have noted elsewhere, if I were asked to pick one moment in the legal history of the country where what ought to be came together with what is, it would be the unanimous decision of nine white men in Brown v. Board of Education dismantling...
A passion for justice.(New York Court of Appeals judge George Bundy-Smith)(Testimonial)
March 22, 2005... Never have I written an opinion for the Court of Appeals with greater zeal than I do today, to express boundless admiration for our colleague and friend, the Honorable George Bundy Smith.
Apart from the explicit invitation to submit a...
From birth to the bench: a quiet but persuasive leader.(New York Court of Appeals judge George Bundy-Smith)(Testimonial)
March 22, 2005... Throughout life, even in his early days, Judge George Bundy Smith has been a quiet but persuasive leader. I make this sweeping statement because I can say, without fear of contradiction, that I have known him longer than anyone else. We shared...
Tribute to Hon. George Bundy Smith.(New York Court of Appeals judge)(Testimonial)
March 22, 2005... When I was just starting to try cases in New York in the 1960s, I had a meeting with a judge in his chambers. There, I met his new law secretary--like me, a young lawyer, with whom I would thereafter visit whenever I came to see the judge. His...
Reassessing family relations law: issues and inquiries in the state courts.
March 22, 2005... The development of American family law, particularly the enumeration of rights, has often paralleled that of personal rights generally. All the same, neither the federal Bill of Rights nor counterpart state provisions offer explicit familial...
Recovering the lost worlds of America's written Constitutions.
March 22, 2005... I. INTRODUCTION
The story of American constitutionalism invariably focuses on the formation of the federal Constitution. Supposedly, 1787 marked a culmination in thought following the confusion Americans experienced with written...
The forgotten Supreme Court Justices.
March 22, 2005... When lawyers, law students, and academic commentators discuss Justices of the United States Supreme Court, they typically display a detailed understanding of the person, personality and jurisprudence of the Justice in question. Entire books are...
The licensing of concealed handguns for lawful protection: support from five state Supreme Courts.
March 22, 2005... All but half a dozen states have a state constitutional guarantee of the right to keep and bear arms. (1) All but a dozen states have a "shall issue" law for concealed handguns. (2) Under such laws, an adult with a clean record who passes a...
What can dissents teach us?(Perspectives: Notable Dissents in State Constitutional Cases)
March 22, 2005... We most commonly think of judicial dissents as moments of poetic protest, a moment when the losing side on appeal rises up in dudgeon to take pokes at the majority. As much fun as this sometimes is, the more interesting matter is what such...
Justice Michael A. Musmanno and constitutional dissents, 1967-68.(Perspectives: Notable Dissents in State Constitutional Cases)
March 22, 2005... The practice of dissenting opinions in both federal and state courts has long been a part of the adjudication process of courts. Commentary in the secondary literature of periodicals has been ongoing for over a century. One can review early...
The virtues of uncertainty.(Perspectives: Notable Dissents in State Constitutional Cases)
March 22, 2005... Part I, Article 14 of the Massachusetts Constitution, like the Fourth Amendment to the United States Constitution, protects individuals from unreasonable searches and seizures. (1) In Guiney v. Police Commissioner of Boston, (2) the plaintiff...
Judge Fuchsberg's Levittown dissent: the evolving right to an adequate education.(Perspectives: Notable Dissents in State Constitutional Cases)
March 22, 2005... The hope that all children in New York will one day enjoy the benefits of an adequate education rests in no small part on Judge Jacob D. Fuchsberg's lone dissent in Board of Education, Levittown Union Free School District v. Nyquist. (1)...
A dissenting opinion.(use of commerce power to strike at a social problem)
March 22, 2005... Marks, J., dissenting:
The results reached by the majority are, beyond question, of enormous benefit to the salutary, long and ongoing effort to fully integrate our Black citizens into American society. It is painful to dissent from such...
The Pennsylvania Constitution: A Treatise on Rights and Liberties.(Book Review)
March 22, 2005... By Ken Gormley, Esq., Principal Editor; Jeffrey Bauman, Esq., Joel Fishman, Ph.D., Leslie Kozler, Esq., Associate Editors. Philadelphia, PA: George T. Bisel Company, Inc., 2004. Pp. xxvii, 1000.
Chief Justice Ralph J. Cappy of the...
The shifting of the Supreme Court of Georgia's death penalty decisions from 1998-2003.
March 22, 2005... I. INTRODUCTION
This high court study examines the Supreme Court of Georgia's death penalty rulings from 1998 to 2003. The Court's death penalty jurisprudence during this period includes over thirty-one majority opinions and the...
Romer party plus one: managing public law in Colorado, 2000-2004.
March 22, 2005... I. INTRODUCTION
Roy Romer served a twelve-year stay as Colorado's Governor from 1987 to 1999 (1) during which he hand crafted the course of judicial affairs by personally selecting justices for the State's highest court. For better or...