Albany law review最新文献

{"title":"Should antitrust principles be used to assess insurance residual market mechanisms, such as New York's Medical Malpractice Insurance Plan?","authors":"Michael A Haskel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"71 1","pages":"229-98"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"27333450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Law Review Article Selection Process: Results from a National Study","authors":"Jason P. Nance, Dylan J. Steinberg","doi":"10.2139/SSRN.988847","DOIUrl":"https://doi.org/10.2139/SSRN.988847","url":null,"abstract":"The student-edited law review has been a much criticized institution. Many commentators have expressed their belief that students are unqualified to determine which articles should be published in which journals, but these discussions have been largely based on anecdotal evidence of how journals make publication decisions. It was against that backdrop that we undertook a national survey of law reviews in an attempt to determine how student editors responsible for making publication decisions went about their task. This article compiles the results of that survey, which received 191 responses from 163 different journals. We analyzed 56 factors that influence the selection process and then grouped similar items together to form 17 constructs using factor analysis. Finally, we disaggregated the results to determine whether the results were significantly different based on the prestige of the journals involved. While many of our results confirm what has been widely assumed to be true, there are also some surprising findings. We found, for example, that Articles Editors seek to publish articles from well-known and widely-respected authors. It appears, however, that editors do not assume that prestigious authors produce the best scholarship, but instead they pursue the work of well-known authors because it can increase their journals' prestige within the legal academic community. The survey reveals that editors are not nearly as likely to seek out articles dealing with hot or trendy topics as some commentators have assumed, and that author diversity plays almost no role in the article selection process. We hope that our study will provide some structure to the ongoing debate about how best to use students in the law review publication process and will allow a more informed consideration of whether students are sufficiently well-trained to evaluate articles and whether they are using the proper criteria.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"71 1","pages":"565"},"PeriodicalIF":0.0,"publicationDate":"2007-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67929082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Religious Liberty as a Positive and Negative Right","authors":"Steven K. Green","doi":"10.2139/ssrn.3742946","DOIUrl":"https://doi.org/10.2139/ssrn.3742946","url":null,"abstract":"I. INTRODUCTION In several articles Professor Fred Gedicks has argued that the rules governing the religious liberty interests vary depending on the application and functionality of that interest. For example, Gedicks writes in his \"Two-Track Theory\" that when the government is distributing benefits to a large class of individuals, neutrality should be the controlling paradigm, such that religious entities can participate in the receipt of benefits, and even use those benefits for religious purposes, without violating the Establishment Clause. (1) Conversely, when the government is speaking itself or advancing its own policy goals in a government administered program, that separationism should be the dominant paradigm. (2) Gedicks schema, offered as an interpretative model for the Establishment Clause, is a refinement of a common approach to religion clause analysis generally: divide and conquer. (3) Conquer the religion clause analytical conundrum by dividing the clauses according to the values represented. A brief glance at the religion clauses quickly reveals that there are two clauses--free exercise and nonestablishment--suggesting (at least) two values. The fact that the religion clauses contain two or more principles lends itself to a comparative model. The modern Supreme Court has struggled with whether the clauses represent primarily a unitary value, complementary values, or distinct values that may be at tension. On one hand, Justice Wiley Rutledge wrote in his dissent in Everson v. Board of Education that \"'[r]eligion' appears only once in the [First] Amendment. But the word governs two prohibitions and governs them alike. It does not have two meanings, one narrow to forbid 'an establishment' and another, much broader, for securing 'the free exercise thereof.'\" (4) Relatedly, Justice William Brennan, a leading student of the religion clauses on the Court, viewed the clauses as promoting complementary values, declaring that the Establishment Clause was \"a coguarantor, with the Free Exercise Clause, of religious liberty.\" (5) More frequently, the Court has seen the clauses as promoting distinct values, though interrelated, that sometimes are in conflict. (6) The Court has said that the nub of a free exercise violation rests on coercion. (7) With respect to the Establishment Clause, however, the Court has generally been unwilling to restrict the purposes so narrowly. As Justice Hugo Black said for the Court in Engel v. Vitale: Although these two clauses may in certain instances overlap, they forbid two quite different kinds of government encroachment upon religious freedom. The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion and is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce nonobserving individuals or not. (8) The resistance of a majority of the Court to cabin the Establishment Clause value(s) ","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"70 1","pages":"1453"},"PeriodicalIF":0.0,"publicationDate":"2007-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68633953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"\"Knickel\" and dime issues: an unexplored loophole in New York's genetic discrimination statute and the viability of genetic testing in the sports employment context.","authors":"Paul D Trumble","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"70 2","pages":"771-93"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26709564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Voluntary self-regulation of complementary and alternative medicine practitioners.","authors":"John Lunstroth","doi":"10.2139/SSRN.2239963","DOIUrl":"https://doi.org/10.2139/SSRN.2239963","url":null,"abstract":"The taxonomy of health providers is contested. Allopaths (practitioners of scientific medicine) construct a universe in which there are physicians and non-physicians. That dichotomy is grossly simplistic, since the world of non-physicians covers all types of medicine since time began except for the scientific medicine in the west of the last 130 or so years, and it covers all non-MD practitioners. Scientific physicians began to dominate the regulatory space in each of the states in the late 19th century, and by about 1930 they had succeeded in eradicating in the public mind almost all authority in other forms of medicine and in non-MD health workers. Scientific non-physician health providers (aka allied health workers) have carved out a regulated space, but many other non-physician providers practice in a gray regulatory world, neither regulated or unregulated, or, in other states, their practices could be constructed as illegal because of the breadth of the exclusive physician scope of practice. Some non-scientific practitioners are trained in non-scientific schools of medicine. The main comprehensive non-scientific schools of medicine are Traditional Chinese Medicine, Ayurveda and Homeopathy. These schools have their own languages and theories, theoretical and practical literatures, medicines, schools, professions, and histories that date into pre-scientific times. From a philosophical point of view they are on par with allopathy (scientific medicine), but with different identities. I explore homeopathy, and discuss its regulatory status and the sociological problems that contribute to its institutional weakness, even though it is and was primarily practiced by physicians. I suggest the homeopathic community should seek state sanction of their profession using a model of voluntary self-regulation. My analysis will be useful to anyone seeking to understand problems in regulating non-physician health providers; and for anyone who wants to understand how the physician monopoly works (through scope of practice laws).","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"70 1 1","pages":"209-86"},"PeriodicalIF":0.0,"publicationDate":"2006-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68022036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law","authors":"I. Gallacher","doi":"10.2139/SSRN.922714","DOIUrl":"https://doi.org/10.2139/SSRN.922714","url":null,"abstract":"This article looks at the phenomenon of legal citation and its unintended consequences. After considering the reasons for the American legal system's devotion to precisely accurate and detailed citations and the history of American legal citation, the article looks at the effect the bibliographical orthodoxy promoted by the two leading citation manuals - The Bluebook and the ALWD Manual - has on open access to the law. In particular, the article looks at how the required common law citation format prescribed by both of these manuals helps to consolidate the market position of West and LexisNexis, the duopoly of legal publishing in this country. After considering the inadequacy of some present-day open access legal information sites, and exploring why it is that market pressures make it unlikely that a viable commercial competitor to the West/Lexis duopoly will emerge, the article concludes that the best approach to ensuring that the law remain free and open to all is through the use of a neutral citation format to describe case law and the formation of a consortium of American law schools to publish the law on the internet.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"70 1","pages":"491"},"PeriodicalIF":0.0,"publicationDate":"2006-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67884448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rx for drugstore discrimination: challenging pharmacy refusals to dispense prescription contraceptives under state public accommodations laws.","authors":"Charu A Chandrasekhar","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"70 1","pages":"55-115"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26555112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Voluntary self-regulation of complementary and alternative medicine practitioners.","authors":"John Lunstroth","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"70 1","pages":"209-86"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26555113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unwise and unnecessary: statutory caps on non-economic damages in medical malpractice cases and the appellate review alternative.","authors":"Ryan T Emery","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"69 3","pages":"913-46"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26285263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"New York's immediate need for a psychotherapist-patient privilege encompassing psychiatrists, psychologists, and social workers.","authors":"Rebecca S Auerbach","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"69 3","pages":"889-912"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26285262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}