All Articles tagged justice

• Justice Commentaries
  December 24, 2024 EDT
  DISPLACING CLIMATE PRECARITY
  Camila BustosJulia Neusner

  This Essay explores how the law identifies climate-displaced people and states’ obligations to protect them, aruging that guaranteeing substantial support for the Loss and Damage Fund is the first step.

• General
  October 11, 2024 EDT
  A CODE TOO EASILY BROKEN: CONTINUING CONCERNS REGARDING THE UNITED STATES SUPREME COURT’S NEW CODE OF CONDUCT
  Benjamin Pomerance

  This Article praises the Code of Conduct adopted by SCOTUS and highlights areas to amend to restore trust in the Court and ensure uniform ethical standards apply to all judges.

• General
  April 22, 2024 EDT
  SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
  Zamir Ben-Dan

  Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.

• Justice Commentaries
  February 26, 2024 EDT
  JUDGING FEDERAL DEFENSE SYSTEMS: DOES THE TYPE OF COUNSEL REPRESENTING DEFENDANTS INFLUENCE OUTCOMES IN FEDERAL DISTRICT COURT?
  Richard D. HartleyKelly Roberts FreemanBryce Peterson

  By linking court and sentencing data from the Federal Justice Statistics Program, this Article examines the influence of the type of counsel in federal criminal cases.

• General
  April 25, 2023 EDT
  AWAKENING THE LAW: KATE STONEMAN—AN AWAKENED WOMAN: BASED UPON ALBANY LAW SCHOOL’S KATE STONEMAN CELEBRATION SPEECH
  Berta Esperanza Hernández-Truyol

  We must ask ourselves daily: Am I going to take the easy road, and affirm the status quo? Or am I going to take a bold leap and fight injustice?

• New York Appeals
  March 23, 2023 EDT
  THE RISE AND FALL OF WORKERS’ COMPENSATION IN NEW YORK
  Robert E. Grey

  This Article traces the history of the New York Workers’ Compensation Law from its origin to the present day.

• General
  November 02, 2022 EDT
  LEGAL FICTION: READING LOLITA AS A SENTENCING MEMORANDUM
  Christina M. Frohock

  Using the example of Lolita, the Article explains how we can read Nabokov’s novel as a prolonged sentencing memorandum.

• General
  October 18, 2022 EDT
  UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE’S STRUGGLE FOR HIS COURT
  Benjamin Pomerance

  Following the passing of Justice Ginsburg, and the ascendancy of Justice Barrett, Chief Justice Roberts's role on the Court has changed -- and changed in some dramatic ways.

• General
  August 18, 2022 EDT
  Criminal Leave in the Court of Appeals: A Case of Implicit Bias?
  Eugene F. Pigott Jr.

  The process for seeking review by the NY Court of Appeals should be the same for civil and criminal cases.

• Justice Commentaries
  September 27, 2020 EDT
  ADRIFT IN THE INTERSTICES OF LAW AND JUSTICE: DIVINING RIGHT AND WRONG IN THE SAD, STRANGE CASE OF PEOPLE V. SCHMIDT
  James R. Acker

  If the question is whether Hans Schmidt’s conviction and execution were defensible in law and also consistent with justice, the answers, at a minimum, are debatable.

• Justice Commentaries
  September 27, 2020 EDT
  POSTCONVICTION INNOCENCE REVIEW IN THE AGE OF PROGRESSIVE PROSECUTION
  Elizabeth Webster

  This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.

• General
  July 22, 2020 EDT
  SOURCES AND LIMITS FOR PRESIDENTIAL POWER: PERSPECTIVES OF ROBERT H. JACKSON
  Louis Fisher

  This article analyzes Jackson’s concurrence in Youngstown Co. v. Sawyer in the context of his other writings to better understand his position on presidential power.

• State Constitutional Commentary
  March 18, 2020 EDT
  CHIEF STATE SUPREME COURTS JUSTICES, FROM JUDICIAL ELECTIONS TO DECISION MAKING: WOMEN’S ISSUES IN THE TRUMP ERA
  Cynthia Boyer

  This article aims to tackle the issue of women as chief justices in State Supreme Court in the Trump era.

• General
  January 17, 2020 EDT
  THE KING IN HIS COURT: CHIEF JUSTICE JOHN ROBERTS AT THE CENTER
  Benjamin Pomerance

  This article focuses on the actions of the Chief Justice, the man believed to be the only potential successor to Justice Kennedy as the “swing voter” on this lofty bench.

• State Constitutional Commentary
  September 13, 2019 EDT
  HOW STATE COURTS CAN HELP AMERICA RECOVER THE RULE OF LAW: THE PENNSYLVANIA EXPERIENCE
  Bruce Ledewitz

  This article contrasts the U.S. Supreme Court value skepticism with reasoned values engagement by the Pennsylvania Supreme Court.

• State Constitutional Commentary
  September 13, 2019 EDT
  EVALUATING JUDICIAL STANDARDS OF CONDUCT IN THE CURRENT POLITICAL AND SOCIAL CLIMATE: THE NEED TO STRENGTHEN IMPROPRIETY STANDARDS AND REMOVAL REMEDIES TO INCLUDE PROCEDURAL JUSTICE AND COMMUNITY HARM
  Joshua E. Kastenberg

  This article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences.

• State Constitutional Commentary
  September 13, 2019 EDT
  DISSENTS OF THE BERCH COURT: EMPIRICAL ANALYSIS OF UNANIMITY IN A STATE SUPREME COURT
  Kevin M. Morrow

  This article examines the possible role of ideology in the split decisions and the relative importance of the divided opinions.

• Justice Commentaries
  May 28, 2019 EDT
  CONVICTIONS OF INNOCENT PEOPLE WITH INTELLECTUAL DISABILITY
  John H. Blume

  This article attempts to illuminate the causes of wrongful conviction of persons with intellectual disability.

• Justice Commentaries
  May 28, 2019 EDT
  RELIABLE JUSTICE: ADVANCING THE TWOFOLD AIM OF ESTABLISHING GUILT AND PROTECTING THE INNOCENT
  James R. Acker

  This article attempts to cast a somewhat different light on the traditional domain of wrongful conviction scholarship and policy.

• General
  February 28, 2019 EDT
  CENTER OF ORDER: CHIEF JUSTICE JOHN ROBERTS AND THE COMING STRUGGLE FOR A RESPECTED SUPREME COURT
  Benjamin Pomerance

  How politically conservative will Justice Kavanaugh will prove to be and how will the rest of the Court react to the newcomer in their midst?

• New York Appeals
  October 12, 2018 EDT
  JUDGE ROWAN D. WILSON: AN ADVOCATE ON THE COURT OF APPEALS
  Sarah A. Besson

  Although Judge Wilson brings commercial litigation experience to the bench, we can expect that his most significant contributions will likely be advocating for reform in the criminal justice system.

• New York Appeals
  October 12, 2018 EDT
  THE MAYHEM OF WRONGFUL LIBERTY: DOCUMENTING THE CRIMES OF TRUE PERPETRATORS IN CASES OF WRONGFUL INCARCERATION
  Frank R. BaumgartnerAmanda GriggRachelle RamírezJ. Sawyer Lucy

  This paper presents an account of wrongful liberty and a first-of-its-kind documentation of all known crimes of wrongful liberty in a single state, North Carolina.

• Justice Commentaries
  July 17, 2018 EDT
  JUSTICE SOTOMAYOR AND THE SENSE OF RESPECT
  Andrew B. Ayers

  This article is a reflection on Justice Sotomayor's appearance before students at Albany Law School in 2017 when she received the Kate Stoneman Award.

• Justice Commentaries
  July 17, 2018 EDT
  A CONVERSATION WITH JUSTICE SONIA SOTOMAYOR
  Albany Law Review

  This article is a transcript of the conversation between Justice Sotomayor and Albany Law School Students.

• General
  April 15, 2018 EDT
  INSIDE A HOUSE DIVIDED: RECENT ALLIANCES ON THE UNITED STATES SUPREME COURT
  Benjamin Pomerance

  This article reveals the alliances and divisions that formed on the Court during this most recent term.

• General
  April 15, 2018 EDT
  EDITOR’S FOREWORD
  Olivia Pederson

  Foreword.

• General
  April 15, 2018 EDT
  ALBANY LAW REVIEW FALL 2017 SYMPOSIUM: SANCTUARY CITIES
  Kathy M. SheehanPhilip L. TorreyDina Francesca HaynesJeremy McLean

  Symposium transcript.

• General
  January 01, 2018 EDT
  TRANSITIONAL JUSTICE AND THE LEGACY OF CHILD SEXUAL ABUSE IN THE CATHOLIC CHURCH
  Elizabeth B. Ludwin King

  Viewing the Catholic Church's response to widespread sexual abuse of minors through the lens of transitional justice shows that the Church failed. Instead, efforts at accountability should be survivor focused.

• State Constitutional Commentary
  December 13, 2017 EDT
  LINDE’S LEGACY: THE TRIUMPH OF OREGON STATE CONSTITUTIONAL LAW, 1970-2000
  Richard S. Price

  Instead of building a new, independent state constitutional law, state supreme courts still rely primarily on federal doctrine with only occasional state decisions offered on an ad hoc basis.

• Justice Commentaries
  November 08, 2017 EDT
  JUSTICE OR INJUSTICE: A HISTORY AND CRITIQUE OF THE NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
  Rose Mary BaillyDena M. DeFazio

  This article explores the history of state oversight in NY and the departure represented by the "New York State Justice Center for the Protection of People with Special Needs.”

• Justice Commentaries
  November 08, 2017 EDT
  JUSTICE OR INJUSTICE: A HISTORY AND CRITIQUE OF THE NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
  Katie L. Birchenough

  Foreword to the seventh edition of Miscarriages of Justice which highlights the extreme disparate implications that choice of forum decisions can have on some of society’s most vulnerable populations.

• General
  May 01, 2017 EDT
  LAW AND SOCIAL INNOVATION: LAWYERING IN THE CONCEPTUAL AGE
  Raymond H. Brescia

  This article focuses on one problem-solving course through which students engage in real-world problem solving in ways that invoke Pink’s aptitudes of the Conceptual Age.