Albany Law Review articles from September 2008

Albany Law Review archives from September 2008

Chief Judge Lawrence H. Cooke.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... Thank you all, and thank you especially, Judge Rosenblatt, for that wonderful introduction to the program and to each of the members of the Court. You can tell just from listening to those brief remarks what fun it was to serve alongside Judge...

Judge Vito J. Titone.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... Well, good afternoon. It's always difficult to follow Judge Kaye. But I want to thank her for her wonderful remarks. And thank you, Judge Rosenblatt, for the introduction. And thanks to the Albany Law Review and Professor Vincent Bonventre for...

Judge Francis Bergan.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... Good afternoon. Thank you, very much, for having all of us here. There was a part of my career that was missed in Judge Rosenblatt's introduction, because he couldn't cover all the jobs that I've had, but I have to tell you that I...

Chief Judge John T. Loughran.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... I have chosen to talk about Judge John Thomas Loughran, who served as an Associate Judge on the Court of Appeals from 1934 to 1945, and as Chief Judge from 1945 until 1953. Many of you may be unfamiliar with Judge Loughran's life or...

Chief Judge Cuthbert Pound.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... Hello, thank you for having us here. Thank you, Professor Bonventre, for organizing this wonderful event. I'm going to talk to you about a Judge named Cuthbert Pound, going back even further in time than Judge Read did, because Judge...

Judge Matthew J. Jasen.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... I intend to aim my remarks at the students here, saying to my colleagues as I was listening to each one of these really great stories, that some of you may be talking about some of us one of these days, because we couldn't talk about any living...

Judge Harold A. Stevens.(Symposium: Judges on Judges: The New York State Court of Appeals Judges' Own Favorites in Court History)(Testimonial)
September 22, 2008... Good afternoon. I think you can take note of the fact that I'm the last speaker. And so since there is no one to follow me, I am permitted, indeed expected, to follow the rule of the three B's. That is to be direct, be brief, and be...

Educational issues and judicial oversight.
September 22, 2008... I. INTRODUCTION Few services have been more closely associated with the states, both historically and functionally, than public education and all of the auxiliary activities to which it has fallen heir. Support for the operation of public...

A modest proposal for advancing animal rights.
September 22, 2008... I. INTRODUCTION Animal rights activists are often called nut jobs, wackos, and extremists--and that is by our friends and family members. Too often our cause is splintered by polarizing views. Instead of focusing on the positions that...

The development of independent New York constitutional jurisprudence in Chief Judge Kaye's judicial opinions: an empirical study.
September 22, 2008... I. INTRODUCTION On February 22, 1993, Judith S. Kaye was appointed Chief Judge of the New York State (NY) Court of Appeals, the state's highest court. (1) Prior to her appointment to Chief Judge, she served as an Associate Judge on the...

We're from Vermont and we do what we want: a "re"-examination of the criminal jurisprudence of the Vermont Supreme Court.
September 22, 2008... The State of Vermont has long been an enigma to some outsiders. Many view the state--known mostly for its maple syrup, Ben & Jerry's ice cream, and a screaming former governor--as a bastion of liberal thinking and progressive politics. (1)...

State constitutional adjudication in a footnote? A critique of the Supreme Court of Louisiana's decision in State v. Kennedy.
September 22, 2008... I. INTRODUCTION The Supreme Court of Louisiana recently upheld a death sentence for a conviction of aggravated rape of a minor in State v. Kennedy. (1) While the potential implications of this decision on the proportionality jurisprudence...

The "silver platter" in the context of state constitutional adjudication.
September 22, 2008... I. INTRODUCTION A. Background--the "Silver Platter Doctrine" Almost fifty years ago, a divided United States Supreme Court issued the landmark ruling in Elkins v. United States. (1) In Elkins, the majority held that evidence obtained...

Battling the threat: the successful prosecution of domestic violence after Davis v. Washington.
September 22, 2008... I. INTRODUCTION The unique nature of violence between intimates presents unique challenges to prosecutors of domestic violence. In many instances, victims of domestic violence are unable or unwilling to testify. (1) As a result, much of...

Throwing stones from within a glass house: why the procedural approach to confrontation fails to remedy the ills of the indicia of reliability test, and an argument for a balanced rule.
September 22, 2008... I. INTRODUCTION In June of 2004, the Supreme Court, in an opinion authored by Justice Scalia, decided Crawford v. Washington (1) and effected what purported to be a drastic change in Confrontation Clause jurisprudence. (2) Writing from a...