Albany Law Review articles from September 2000

Albany Law Review archives from September 2000

Tribute to Chief Judge Lawrence H. Cooke 1914-2000.
September 22, 2000... He was a giant. In every good and important way, Lawrence Cooke was a towering figure. In his profession, in his community, in his family, with his friends and colleagues, and for all who came to know him. He made such a difference, for so...

Coming to terms with strict and liberal construction.
September 22, 2000... I. INTRODUCTION Strict construction and liberal construction are among the most difficult, muddled, and commonly encountered terms in cases involving statutory construction. However, as independent subjects of study, strict and liberal...

Navigating expert reliability: are criminal standards of certainty being left on the dock?
September 22, 2000... This article shows that, as to proffers of asserted expert testimony, civil defendants win their Daubert reliability challenges to plaintiffs' proffers most of the time, and that criminal defendants virtually always lose their reliability...

The lawyer's license to discriminate revoked: how a dentist put teeth in New York's anti-discrimination disciplinary rule.
September 22, 2000... I. INTRODUCTION Many of the legal profession's rules of ethics are premised on legal obligations. Thus, for example, a lawyer in New York State may be disciplined for engaging in illegal conduct adversely reflecting on the "lawyer's...

Religious clubs in the public schools: what happened after Mergens?
September 22, 2000... I. INTRODUCTION The Equal Access Act,(1) upheld by the Supreme Court in Board of Education v. Mergens,(2) requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs.(3)...

Unamerican tail: of segregation and multicultural education.
September 22, 2000... INTRODUCTION: THE TAIL She was buxom and bare to the waist. He was completely naked and he could not take his eyes off her, but his fascination would prove fatal. He was in a metal frame with a high pulley wheel and a low one. Around his...

Retroactive legislative history: scienter under the Uniform Security Litigation Standards Act of 1998.
September 22, 2000... I. INTRODUCTION The Private Securities Litigation Reform Act of 1995 (PSLRA)(1) established a new heightened pleading standard for securities fraud violations, based primarily upon the Second Circuit pleading standard. As illustrated,...

Promises and pitfalls: an analysis of the shifting constitutional interests involved in the context of demanding a right to treatment in health care.
September 22, 2000... I. INTRODUCTION Over the course of the last thirty years, medical capacity to sustain and prolong life has grown by leaps and bounds.(1) However, significant questions have surrounded this increasing capacity.(2) Still, at some point, when...

Reining in interim relief's cottage industry: a call to resolve Jiggetts.
September 22, 2000... I. INTRODUCTION The history of New York City's homeless is a well-documented problem.(1) There are, and always will be, homeless people in New York City; however, the policy of how to deal with the homeless is constantly changing....