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Albany Law Review articles from September 2006
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 2006
Posthumous paternity testing: a proposal to amend EPTL 4-1.2(a)(2)(D).(New York Estates, Powers and Trusts Law)
September 22, 2006... The rights of children born out of wedlock have been of critical importance to the New York State legislature and judiciary since the early 1900's. (1) Taking guidance from their federal counterparts, each of these branches of government have...
The interaction of law and psychiatry: a voyage over the ages.
September 22, 2006... The most obvious quality shared by law and psychiatry is that both disciplines try to help people get along--psychiatry from the inside, law from the outside. Both attempt to keep the world sane, or at least well enough adjusted that people can...
Minnesota Republican Party v. White and the future of state judicial selection.
September 22, 2006... Judicial selection is a historically sleepy affair for many states. Once characterized as "about as exciting as a game of checkers... [p]layed by mail," (1) non-partisan judicial elections involving unopposed incumbents seeking reelection...
From proxy to principle: fraudulent joinder reconsidered.
September 22, 2006... I. INTRODUCTION
A. Background
To most seasoned trial lawyers, the identity of the court hearing their case is at least as important as the facts of their case. (1) As one legal scholar has commented, "'[e]very trial lawyer... would...
Justice Jackson's draft opinions in The Steel Seizure Cases.
September 22, 2006... Mere moments into his introductory remarks at Judge Samuel Alito's Supreme Court confirmation hearings, after treading briefly across the familiar, weathered terrain of the abortion canon, Senate
Judiciary Committee Chairman Arlen Specter...
Taking private property to build an urban sports arena: a valid exercise of eminent domain powers?
September 22, 2006... I. INTRODUCTION
On January 21, 2004, real estate developer Bruce C. Ratner, together with several partners, purchased the New Jersey Nets basketball franchise for $300 million dollars. (1) Mr. Ratner, through his real estate development...
Trustee-beneficiaries, creditors, and New York's EPTL: the surprises that result and how the UTC solves them.(Powers and Trusts Law, Uniform Trust Code)
September 22, 2006... I. INTRODUCTION
A trust is established. Tracy Brown is both the trustee and the beneficiary. (1) The settlor has empowered the trustee to make discretionary distributions from the trust to the beneficiary herself without any limitation,...
Controlling conduct: the emerging protection of sodomy in the military.
September 22, 2006... I. INTRODUCTION
Is same-sex sodomy protected conduct in the military today? Following Lawrence v. Texas, the Supreme Court's landmark decision that held that intimate sexual conduct is protected from unwarranted government intrusion by a...