Faculty in the News - August and September, 2009

Faculty in the News - August and September, 2009

10/2/2009 | Facebook|Twitter|Email

Times Union
Professor Ray Brescia published his op-ed "Bank laws need bolstering" on Sept. 25.

New York Times
"I think what we really have here is a constitutional question as to whether or not the governor had the authority to fill a vacancy, and it's not picking one winner over another," said Patricia E. Salkin, director of the Government Law Center at Albany Law School. "The outcome is going to be Ravitch is or is not the lieutenant governor."
"State's Top Court Ready to Hear Challenge to Appointment of Lieutenant Governor" - Sept. 10

The Economist
"Public interest in horse-racing in New York state has simply shriveled up," says Bennett Liebman, who heads a racing think-tank at Albany Law School.
"Off-track Betting in Crisis: Flogging a Dead Horse" - Sept. 10

New York Times
Timothy D. Lytton, a professor at Albany Law School and the author of "Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse" (Harvard University Press, 2008), said most memories of clergy sexual abuse "do not involve recovered memories - this is a small percentage of cases we're talking about," he said.

The vast majority of clergy sexual abuse suits, Professor Lytton said, were backed up with substantial evidence.
"Ex-Priest Challenges Abuse Conviction on Repressed Memories" - Sept. 10

ABA Section of State and Local Government Law Newsletter
Professor Keith Hirokawa was interviewed by the Hon. Ellen F. Rosenblum, a judge on the Oregon Court of Appeals in Salem, Oregon, for the American Bar Association Section of State and Local Government Law's newsletter.

Times Union
Previously, the powers of the health agent, also called a health care proxy, ceased when the patient died. Under the new law, the health agent has the highest authority in the organ donation decision. Next in line is the "agent for disposition of remains," a relatively new legal designation, said Joseph Connors, clinical professor at Albany Law School. This agent decides what to do with the body of the deceased person, Connors said. 
"Law clarifies organ donation rules" - Sept. 1

Associated Press
"It certainly doesn't give any indication they believe the Appellate Division got it wrong and needs to be reversed," said Albany Law School Professor Vincent Bonventre, a former clerk at the top court who writes about it. "It means the Court of Appeals recognizes this is an important case and they believe this is an issue that really ought to be decided right away so the government can get on with what it's doing without distraction."
"State's top court to hear lieutenant governor case" - Aug. 25

"To say this would be a long shot is an understatement," said Bennett Liebman, executive director of the Government Law Center at Albany Law School. "It's almost impossible to site a casino off a tribe's reservation."
"Detroit casino group takes gamble with Shinnecocks" - Aug. 22

"A person who succeeds by divine right is appointed by the deity, not by his or her predecessor," said scholar Michael Hutter of the Albany Law School. "While such a course/conduct may be acceptable in totalitarian regimes, it is a truism that it is not acceptable in New York."
"Court argument widens in lieutenant governor appointment" - Aug. 17

Professor Patricia Salkin was interviewed for the segment "Controversy continues after Espada son quits Senate job" on Aug. 13.

Associated Press
"Technically, by the wording of the state constitution, it's not clear," said Patricia Salkin, associate dean of Albany Law School's Government Law Center.

Salkin said the issue simply hasn't been tested in the courts yet. She noted that the governor didn't risk leaving the state during a month-long Senate coup when he didn't have a lieutenant governor. That's because the issue of succession remains unclear and some feared that a coalition that seized power could put someone else in charge of the state the moment Paterson left town.

"When there is no lieutenant governor, and when it's somebody from the legislature who is next in line - who may not have the same collaborative agenda with the governor - the governor chose not to lead the state because nobody knows," Salkin said.
"Gov. Paterson in charge, at all times" - Aug. 12