Vol. 74, Issue 2, 2011

Albany Law Review

table of contents

STATE & LOCAL ECONOMIC SANCTIONS: THE CONSTITUTIONALITY OF NEW YORK’S DIVESTMENT ACTIONS AND THE SUDAN ACCOUNTABILITY & DIVESTMENT ACT OF 2007

Elizabeth Trachy

This article argues that state action, like New York's divestment policy in Sudan, is constitutional so long as the divestment measures remain within the boundaries that the SADA carefully establishes.

New York Appeals
NEW YORK APPEALS: AN EVOLVING TRADITION
Jessica R. Vigars
This paper analyzes the dissents and dissenting justices of New York State's First Department.
New York Appeals
LOST PROFITS FOR BREACH OF CONTRACT: WOULD THE COURT OF APPEALS APPLY THE SECOND CURCUITS ANALYSIS?
Glen Banks
This article considers lost profits in breach of contract cases and the standard the New York Court of Appeals would apply.
New York Appeals
A PREVAILING PARTY CAN STILL BE A “SORE” WINNER ON APPEAL UNDER CPLR 5501(A)(1); RAISING ALTERNATIVE ARGUMENTS THAT NECESSARILY AFFECT THE FINAL JUDGEMENT TO ENSURE WINNING ON APPEAL
Joseph F. Castiglione
This article discusses the necessary "aggrievement" to be entitled to raise issues on appeal and the circumstances in which a prevailing party can assert errors that "necessarily affect" the judgment.
New York Appeals
PLEADING FRAUD IN NEW YORK: CPLR 3016(B)'S HEIGHTENED PLEADING STANDARD AND WHY IT’S IMPORTANT
James G. CavoliMatthew J. Laroche
This article reviews the current state of the law regarding CPLR 3016(b).

New York Appeals

NEW YORK STATE CLASS ACTIONS: MAKE IT WORK-FULFILL THE PROMISE

Thomas A. Dickerson

The purpose of this article is to demonstrate that New York's class action statute, Article 9 of the CPLR, is underutilized and has been during its entire thirty-five-year history.

New York Appeals

A PRACTIONER’S CONTINUED UNCERTAINTY: DISCLOSURE FROM NONPARTIES

David L. Ferstendig

This article discusses the various standards used by the Departments of the Appellate Division regarding disclosure from a non-party.

New York Appeals

RECENT INTERPRETATIONS OF THE CPLR BY NEW YORK APPELLATE COURTS

Barbara D. GoldbergRichard J. Montes

This article is a review of many of the cases from 2009 and 2010 that invovled interpreting the CPLR.

New York Appeals
THE ARBITRATION FAIRNESS ACT: PERFORMING SURGERY WITH A HATCHET INSTEAD OF A SCALPEL?
Jyotin HamidEmily J. Mathieu
This article suggests a more nuanced approach to pre-dispute employment arbitration agreements.
New York Appeals
THE CONTROVERSIAL CONTRADICTION BETWEEN TRADITION PRECEDENT AND RECENT FAILURE TO WARN JURISPRUDENCE IN NEW YORK
Dwight A. KernDavid S. Kostus
This article discusses liability for "failure to warn" under New York products liability law.
New York Appeals
WHAT DO GRAPES AND FEDERAL LAWSUITS HAVEIN COMMON? BOTH MUST BE RIPE
William Maker Jr.
This article conisders the issues with federal courts considering land use disputes on constitutional grounds rather than state law.
New York Appeals
PRESS FREEDOM AND PRIVATE PEOPLE: THE LIFE AND TIMES (AND FUTURE) OF CHAPADEAU V. UTICA OBSERVER-DISPATCH
David E. McCraw
This article concludes that the Court of Appeals was correct in providing reporters with the freedom to make excusable mistakes without fear of liability.
New York Appeals
DISSENTING: WHY DO IT?
Robert S. Smith
This essay outlines the reasons to dissent in a case.
New York Appeals
DISSENT & VINDICATION IN THE DEPARTMENTS: AN EMPIRICAL STUDY
Caitlain Devereaux Lewis
Introduction to court studies.
New York Appeals
QUALITY IN NUMBERS? THE DYNAMICS OF DECISION-MAKING IN THE SECOND DEPARTMENT
Kristopher Ostrander
This study examines the the divided decision of the New York State Appellate Division, Second Department, over the ten-year period beginning January 1, 2000 and ending October 1, 2010.
New York Appeals
AN EMPIRICAL STUDY OF DISSENT AT THE SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT
Christopher J. Stevens
This study takes an empirical look at the divided opinions of the New York State Supreme Court, Appellate Division, Third Department, over the last ten years.

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