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Albany Law Review articles from March 2008

589 total articles

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 2008

Courting court reform: looking back, moving forward.(New York)(Honorable Hugh R. Jones Sixth Memorial Lecture)
March 22, 2008... I am honored to have been asked to give the Sixth Annual Honorable Hugh R. Jones Lecture this afternoon. My thanks to Modern Courts and Albany Law School for giving me this opportunity to express my admiration and respect for Judge Jones, for...

Lopez Torres and judicial selection in New York: an argument for merit-based appointment to the state Supreme Court.
March 22, 2008... I. INTRODUCTION The New York State Supreme Court is New York's statewide trial court of general jurisdiction. Justices of the state supreme court have been chosen by popular election since that change was effected by the New York...

How far is too far? The spending clause, the Tenth Amendment, and the education state's battle against unfunded mandates.
March 22, 2008... On January 8, 2002, President Bush's sweeping education reform act, No Child Left Behind (NCLB), was adopted by Congress with the stated purpose of "[c]losing the achievement gap" between economically and racially advantaged and disadvantaged...

Judicial activism and progressive legislation: a step towards decreasing hate attacks.
March 22, 2008... I. INTRODUCTION Over the last several years, the issue of gay and lesbian rights has been a political hot topic. The area that has drawn the most attention lately is in the realm of civil unions and marriage. Vermont and Connecticut have...

The law review article selection process: results from a national study.
March 22, 2008... I. INTRODUCTION In the mid-1990s, the topic of the student-edited law review was very much on the minds of legal scholars and law review editors. In 1994, the University of Chicago Law Review published a series of essays addressing the...

Inside judicial chambers: how federal district court judges select and use their law clerks.
March 22, 2008... I. INTRODUCTION In recent decades, United States Supreme Court law clerks have not suffered from a lack of attention. From allegations that the Justices' law clerk hiring practices are riddled with gender and racial bias (1) to debates...

Slavery in the 21st century and in New York: what has the state's legislature done?
March 22, 2008... I. INTRODUCTION ** At this very moment, a young Mexican girl, who was promised a job or marriage, could be coming to New York, only to be forced into dehumanizing prostitution. At this very moment, a migrant farm worker could be toiling...

Public use & public benefit: the battle for upstate New York.
March 22, 2008... I. INTRODUCTION On May 31, 2006, New York Regional Interconnect Inc. (NYRI) sought regulatory approval from New York State by submitting an Article VII application (1) to the New York State Public Service Commission to construct a...

Shining the light on greyfields: a Wal-Mart case study on preventing abandonment of big box stores through land use regulations.
March 22, 2008... I. INTRODUCTION Shopping trends in the United States have changed dramatically over the last few decades with the introduction of the large-scale discount retailer. Wal-Mart is the forerunner in the retail market and dominates competition...

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