Albany Law Review articles from March 2006

Albany Law Review archives from March 2006

Matthew J. Jasen, 1915-2006: in this issue.(New York Court of Appeals judge)(Testimonial)
March 22, 2006... He was a great man. Yes, he was a great judge who made great contributions to the law. There are literally hundreds upon hundreds of opinions, and thousands upon thousands of votes in cases in which he participated in the course of 18 years on...

Eulogy for Matthew J. Jasen.(New York Court of Appeals judge)(Testimonial)
March 22, 2006... [This eulogy was delivered at the funeral services for Judge Jasen on February 11, 2006, at Christ the King Chapel on the campus of Canisius College, the Judge's beloved alma mater, in Buffalo, N.Y., the Judge's beloved birthplace.] Three...

A tribute to Judge Matthew Jasen.(New York Court of Appeals judge)(Testimonial)
March 22, 2006... At the turn of the 20th century, Matthew Jasen's parents arrived on these shores as immigrants who fled Russian-occupied Poland. They could hardly have imagined that their son would leave a significant mark on New York law. Matthew was...

The Honorable Matthew J. Jasen.(New York Court of Appeals judge)(Testimonial)
March 22, 2006... [This tribute was written for this dedication to Judge Jasen on the occasion of his ninetieth birthday, shortly before he passed away.] Judge Matthew J. Jasen reaches the age of ninety on December 13, 2005. As his last law clerk, it is my...

"Honor the craft": personal reflections on the judicial legacy of the Honorable Matthew J. Jasen.(New York Court of Appeals judge)(Testimonial)
March 22, 2006... In a letter to John Adams, written in 1813, Thomas Jefferson commented: "[T]here is a natural aristocracy among men. The grounds of this are virtue and talents." (1) "The natural aristocracy," he continued, "I consider as the most precious...

A tribute to Honorable Matthew Joseph Jasen, (1915-2006) court of appeals (1968-1985).(New York Court of Appeals judge)(Testimonial)
March 22, 2006... The son of Polish immigrants, Judge Matthew J. Jasen was born in Buffalo, New York, on December 13, 1915. As an adult, he rose quickly to prominence in Buffalo legal circles. His many honors include recognition by Canisius College as one of its...

Ordinary and enhanced rational basis review in the Massachusetts Supreme Judicial Court: a preliminary investigation.
March 22, 2006... I. INTRODUCTION In its 2003 decision in Goodridge v. Department of Public Health, the Massachusetts Supreme Judicial Court held that the denial of marriage licenses to same-sex couples violates the state constitutional commitment to...

Free exercise of speech in shopping malls: bases that support an independent interpretation of article 40 of the Maryland declaration of rights.
March 22, 2006... I. INTRODUCTION Protected by both the First Amendment to the U.S. Constitution and Article 40 of the Maryland Declaration of Rights, (1) the right to free expression is one of the most sacred freedoms in our society. (2) Similarly, the...

Advances and departures in the criminal law of the states: a selective critique.
March 22, 2006... I. A BACKWARD GLANCE: THE WARREN COURT AND ITS LEGACY The administration of the criminal law ranked high among the disputed areas of jurisprudence attributed to the activism of the Warren Court. Perhaps best known to the public were the...

Indiana's Constitution as a document of special aspirations.
March 22, 2006... Difficult as it is to identify the unique characteristics of a state made up of diverse populations, those outside the State of Indiana sometimes seek to sum up our character in a single word: "hoosier." It is not always thought a compliment....

Jurisdiction creep and the Florida Supreme Court.
March 22, 2006... The Court of Appeals of Wisconsin has divided appellate courts into two categories, "error correcting" and "law declaring." (1) This difference appears to concern the jurisdiction of the two types of appellate courts. The "law declaring" court...

The New Jersey Constitution: positive rights, common law entitlements, and state action.
March 22, 2006... During the last half of the twentieth century, the New Jersey Supreme Court built an impressive reputation for its "intellectually rigorous and forcefully progressive" interpretations of state constitutional law. (1) The court's status as a...

No guessing allowed: Washington rejects proportionate deduction in election contests.
March 22, 2006... Eight months after the votes had been cast, and after two recounts (1) and no fewer than nine lawsuits, (2) the 2004 Washington State gubernatorial election came down to this: Would Chelan County Superior Court Judge John Bridges assume that...

Wringing rights out of the mountains: Colorado's centennial constitution and the ambivalent promise of human rights and social equality.
March 22, 2006... On February 28, 1861, the United States Congress created the Territory of Colorado. (1) As one of the last states to be organized into a territory prior to the Civil War, (2) Colorado's petition for statehood would play an instrumental role in...

Vermont's tradition of education and the Vermont constitution.
March 22, 2006... "Advanced education is a New England tradition." (1) George D. Aiken, Governor of Vermont (1937-1941), U.S. Senator (1941-1975) "[Education] is the one thing which we cannot afford to curtail." (2) Calvin Coolidge, Thirtieth President of...

"Live free or die," but in the meantime.... (school finance cases in the New Hampshire Supreme Court)
March 22, 2006... I. INTRODUCTION This High Court Study attempts to create a view of the current New Hampshire Supreme Court that is informative to the practitioner in a tangible way, and indicative of the direction in which the court appears to be headed...