Albany Law Review articles from September 2005

Albany Law Review archives from September 2005

Robert H. Jackson, public servant.
September 22, 2005... In the case of Robert H. Jackson, the words "public servant" describes a man devoted to the best interests of his profession, his community, and his Nation. Throughout his career, Jackson demonstrated the highest standards of the legal...

Robert H. Jackson and the enforcement of the federal tax laws.
September 22, 2005... "He is blind to coming events, who fails to see ahead a heavy and growing tax burden." (1) So said Robert H. Jackson in 1934, while serving as Assistant General Counsel for the Treasury Department's Bureau of Internal Revenue. Jackson...

Robert H. Jackson at the antitrust division.
September 22, 2005... Robert H. Jackson served as the Assistant Attorney General in charge of the Antitrust Division of the U.S. Department of Justice from January 1937 until March 1938. Although Jackson was head of the Division for only fourteen months, he held...

Balancing civil liberties and homeland security: does the USA patriot act avoid justice Robert H. Jackson's "suicide pact"?
September 22, 2005... I. INTRODUCTION As we commemorate the fiftieth anniversary of the passing of Robert H. Jackson, we honor a man who capitalized on the infinite possibilities a legal education provides. Following his studies at Albany Law School, Justice...

Deliberative autonomy and legitimate state purpose under the First Amendment.
September 22, 2005... The right to free speech is usually thought of as rooted in the autonomy of the speaker: An autonomous individual may speak freely and the state may not stop her. Some commentators have found such an autonomy-based view of our free speech...

The governor - from figurehead to Prime Minister: a historical study of the New York state constitution and the shift of basic power to the Chief Executive.
September 22, 2005... I. INTRODUCTION This article traces the evolution of the New York State government from a legislatively dominated constitutional structure to a more executive dominated one, a movement that has been vindicated by the courts. The focus of...

Juvenile execution, terrorist extradition, and supreme court discretion to consider international death penalty jurisprudence.
September 22, 2005... I. INTRODUCTION Multilateral treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances...

A more modest proposal than a common law for the age of statutes: greater reliance in statutory interpretation on the concept of interpretative intention.
September 22, 2005... "The limits of honest interpretation are too constricting...." Guido Calabresi (1) As Judge Calabresi has observed, American law has entered a new Age of Statutes. (2) Indeed, American law has undergone "statutorification." (3) At one...

The Bald and Golden Eagle Protection Act.
September 22, 2005... I. INTRODUCTION In 1782, the Continental Congress adopted the bald eagle as the symbol of our emerging nation. (1) In 1940, to protect this national symbol from extinction, Congress enacted legislation popularly known as the Bald Eagle...

Are inseverability clauses constitutional?
September 22, 2005... In 1987 the state legislature of Pennsylvania passed a seemingly ordinary bill with one extraordinary feature. At first glance, the bill seemed like one of those general-purpose measures to increase government pay that legislators find...

People v. Cahill: domestic violence and the death penalty debate in New York.
September 22, 2005... INTRODUCTION For much of its history, New York has been a death penalty state. In 1995, after much controversy, and with great fanfare, Governor Pataki signed a new capital punishment statute, New York Penal Law section 125.27. (1) This...

Economic formalism in antitrust decisionmaking.
September 22, 2005... I. INTRODUCTION The Supreme Court's watershed decision in Continental T.V., Inc. v. GTE Sylvania Inc. (1) had a dramatic effect on the legality of vertical territorial and customer restraints. Prior to the decision, the legality of such...

Aspiring parents, genotypes and phenotypes: the unexamined myth of the perfect baby .
September 22, 2005... ABSTRACT Summary Although many have argued that assisted reproductive technologies ("ARTs") attract those with a desire to genetically engineer their offspring, this claim has yet to be verified. To address this question, we surveyed...

Detainees.(Wartime Security and Constitutional Liberty)
September 22, 2005... It is an honor and a pleasure to be a part of this symposium and distinguished panel. I had the occasion to argue the very first case on behalf of the Guantanamo detainees, which was decided in February 2002, in the federal district court and...

Hamdi meets Youngstown: Justice Jackson's wartime security jurisprudence and the detention of "enemy combatants".(Wartime Security and Constitutional Liberty)
September 22, 2005... More than any Justice who has sat on the United States Supreme Court, Associate Justice Robert H. Jackson explained how our Eighteenth Century Constitution--that "Eighteenth-Century sketch of a government hoped for" (1)--struggles both to...

Justice Jackson, Nuremberg and human rights litigation. (Wartime Security and Constitutional Liberty)
September 22, 2005... I would like to thank Albany Law School for organizing this event. It is an honor for me to speak today alongside such distinguished panelists. Justice Robert H. Jackson thought that his role as the United States chief prosecutor at...

United States policy and practice for the detention of enemy combatants in the war on terror.(Pierre-Richard Prosper, Ambassador-at-Large, Office of War Crimes Issues, United States Department of State)(Wartime Security and Constitutional Liberty)(Transcript)
September 22, 2005... Thank you, Dean Guernsey, for inviting me to be a part of this important conference. I am glad that Albany Law School is hosting it. It is a timely discussion that we are having--the question of wartime security and constitutional liberty. It...