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Albany Law Review articles from September 2003
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 September 2003
Hugh R. Jones lecture at Albany Law School.
September 22, 2003... March 31, 2003
When I went on the Court of Appeals, I, like so many other new members of the Court, turned for guidance to Judge Jones's 1979 Cardozo Lecture at the Bar Association of the City of New York, Cogitations on Appellate...
The duality of federalist nation-building: two strains of Chinese immigration cases revisited.
September 22, 2003... I. INTRODUCTION
The terrorist attacks on September 11, 2001 rekindled the national debate on the status of non-citizen immigrants in the United States. (1) While the ostensible cause of this debate--a massive atrocity committed by non-U.S....
The designated nonpublic forum: remedying the Forbes mistake.
September 22, 2003... Scholars say that 90% of the ideas that have shaped our democracy have come from third parties. These include a women's [sic] right to vote, abolition of slavery, and the minimum wage, all issues that had been ignored--vehemently opposed,...
Procedural justice and information in conflict-resolving institutions.
September 22, 2003... A logical analysis of the idea of justice would seem to be a very hazardous business. Indeed, among all evocative ideas, that of justice appears to be one of the most eminent and the most hopelessly confused.
--Charm Perelman (1)
I....
Enron - the bankruptcy heard around the world and the international ricochet of Sarbanes-Oxley.
September 22, 2003... Stocks? You gotta be high up in the corporate structure to make that shit work for you. We don't have those Enron-type connections.
--Tony Soprano (1)
With the economy the way it is, you're lucky you get soup.
--Homer Simpson (2)...
Entertainment law: an analysis of judicial decision-making in cases where a celebrity's publicity right is in conflict with a user's First Amendment right.
September 22, 2003... I. INTRODUCTION
In Zacchini v. Scripps-Howard Broad. Co., decided in 1977, the United States Supreme Court considered the First and Fourteenth Amendments' relationship to a state tort action based on a professional entertainer's "'right to...
Metamorphosis: from statistics into cockroaches, a response to Professor Cohen's a study of invidious racial discrimination in admissions at Thomas Jefferson High School for Science and Technology: Monty Python and Frank Kafka meet a probit regression.(response to Lloyd Cohen, Albany Law Review, vol. 66, p. 447, 2003)
September 22, 2003... In a recent Albany Law Review symposium issue regarding diversity, (1) Dr. Lloyd Cohen argued that the process used by the Fairfax County Public Schools to select students for admission to the Thomas Jefferson High School for Science and...
Straw men, fibs, and other academic sins.(response to article by Daniel A. Domenech in this issue, p. 279)
September 22, 2003... Superintendent Domenech's (1) rhetorical technique can be summarized as: (1) ignore my arguments and evidence; (2) create a straw man; (3) throw a dollop of irrelevant and deceptive statistics at the straw man; (4) add a bit of personal insult;...
Accessing mental health care for children: relinquishing custody to save the child.
September 22, 2003... I. INTRODUCTION
On February 18, 2000, the Washington Post printed an article documenting the struggles of several parents who have children with severe mental or emotional disabilities; one such story was particularly heartbreaking. (1)...