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Albany Law Review articles from March 2007
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 2007
Who needs a constitution? In defense of the non-decision constitution-making tactic in Israel.
March 22, 2007... What ought to be the heads, the hearts, the dispositions, that are qualified, or that dare, not only to make laws under a fixed constitution, but at one heat to strike out a totally new constitution for a great kingdom, and in every part of it,...
Cite unseen: how neutral citation and America's law schools can cure our strange devotion to bibliographical orthodoxy and the constriction of open and equal access to the law.
March 22, 2007... I. INTRODUCTION
There can be fewer subjects less inviting on their face than a discussion of legal bibliographical practice. Citation itself is neither scholarship nor analysis but is the mere act of recording a supporting source's...
Regulating litigation under the Protection of Lawful Commerce in Arms Act: economic activity or regulatory nullity?
March 22, 2007... I. INTRODUCTION
The Protection of Lawful Commerce in Arms Act (PLCAA) limits the types of civil actions that can be brought against firearm manufacturers. (1) In particular, the PLCAA bars plaintiffs from suing firearm manufacturers for...
Dubai ports world under Exon-Florio: a threat to national security or a tempest in a seaport?
March 22, 2007... I. INTRODUCTION
In January and February of 2006, Congress and the public played a variation of the game "Which of these things does not belong?" This variation instead asked "Which of these transactions does not belong?" The list included...
The fate of New York public education is a matter of interpretation: a story of competing methods of constitutional interpretation, the nature of law, and a functional approach to the New York education article.
March 22, 2007... The virtues of one generation are not sufficient for the next, any more than the accumulations of knowledge possessed by one age are adequate to the needs of another. (1)
I believe that education is the fundamental method of social...
I can't to I Kant: the sexual harassment of working adolescents, competing theories, and ethical dilemmas.
March 22, 2007...
I. Introduction
II. Socio-Legal Theory and the Regulation of Sex
A. The Traditional View
B. The Liberal View
C. The Egalitarian and Mutuality Perspectives
D. A Pansexual Perspective
E. Socio-Legal Theory...
The governmental attorney-client privilege: whether the right to evidence in a state grand jury investigation pierces the privilege in New York State.
March 22, 2007... I. INTRODUCTION
Whether a New York State government official represented by a government attorney can invoke the evidentiary attorney-client privilege when faced with a state grand jury subpoena has not been explicitly addressed by either...
"Knickel" and dime issues: an unexplored loophole in New York's genetic discrimination statute and the viability of genetic testing in the sports employment context.
March 22, 2007... It is better to know some of the questions than all of the answers.--James Thurber (1894-1961) (1)
I. INTRODUCTION
It is often stated that "[s]port is a microcosm of society." (2) In some respects, this statement rings true. Athletes...