Albany Law Review articles from September 2001

Albany Law Review archives from September 2001

A tribute to the honorable Hugh R. Jones.(former New York Court of Appeals judge)
September 22, 2001... Hugh Jones died peacefully at home on March 3, 2001, only days short of his 87th birthday. Having begun my own judicial career at his side, and continued our close friendship for nearly eighteen years thereafter, for me the loss was especially...

Remembering Judge Hugh R. Jones: a professional and personal inspiration.(former New York Court of Appeals judge)
September 22, 2001... In January 1973 Hugh R. Jones began his tenure as an Associate Judge on the New York Court of Appeals and accorded me the honor and privilege of serving as his first law clerk. Professor Robert J. Rabin of the Syracuse University College of Law...

Remembering Judge Hugh R. Jones.(former New York Court of Appeals judge)
September 22, 2001... When Judge Hugh R. Jones died March 3, 2001, at the age of eighty-six, New York lost an "intellectual giant" devoted to lifelong public service. (1) His eight law clerks lost a mentor, role model, and friend. We clerks were proud to have our...

Reflections on the life and work of the Honorable Hugh R. Jones.(former New York Court of Appeals judge)
September 22, 2001... As one of a small group who had the privilege of serving as a law clerk to the Honorable Hugh R. Jones, I had the unique opportunity of spending two and a half years working under Judge Jones's tutelage at the New York Court of Appeals. I can...

The circuitous journey to the patients' bill of rights: winners and losers.
September 22, 2001... INTRODUCTION American health care spending underwent uncontrollable growth in the past several decades (1) and by the early 1990s health care costs were increasing exponentially. (2) The government and employers who purchased health care...

The archaeological duty of care: the legal, professional, and cultural struggle over salvaging historic shipwrecks.
September 22, 2001... "The cultural heritage of the western world, the colonial appetite of the Spanish Empire, nearly three centuries of man's timeless quest for wealth and adventure, and the distribution of authority in the American Federalist legal system are all...

A Plymouth, a parolee, and the police: the case for the exclusionary rule in civil forfeiture after Pennsylvania Board of Probation and Parole v. Scott.
September 22, 2001... I. INTRODUCTION The exclusionary rule has been under near-constant attack (1) since its inception as a federal constitutional device more than forty years ago. (2) The Supreme Court has consistently limited the rule's operation in criminal...

Judicial suicide or constitutional autonomy? A capital defendant's right to plead guilty.(state prohibitions on guilty pleas)
September 22, 2001... I. INTRODUCTION In 1995, when New York reinstituted the death penalty with much fanfare, it joined only two other states, Arkansas and Louisiana, in forbidding a criminal defendant from pleading guilty when facing the death penalty. (1)...

Grandparents' visitation rights: the constitutionality of New York's Domestic Relations Law section 72 after Troxel v. Granville.
September 22, 2001... I. INTRODUCTION Today, grandparents are increasingly involved in all areas of their grandchildren's lives. (1) However, unlike parents, grandparents have no common law right to visit their grandchildren. In response to this problem, over...

Maine's prescription drug plan: a look into the controversy.
September 22, 2001... INTRODUCTION In the face of skyrocketing prescription drug costs, ensuring the availability of affordable medications, or at least finding a way to contain these costs, has become a national concern. (1) In response to this increasingly...

Santa Fe Independent School District v. Doe: mapping the future of student-led, student-initiated prayer in public schools.
September 22, 2001... I. INTRODUCTION This note will discuss how, in Santa Fe Independent School District v. Doe, (1) the Supreme Court, in deciding that a school district's policy of permitting state-endorsed student prayer violated the Establishment Clause of...