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2013 Archive

 
 
 
 
  • Timothy Lytton, author of “Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse,” said that when plaintiff’s attorneys began filing suits against the church in the mid-1980s, they were motivated primarily by settlements and limited by judges who were disinclined to grant large discovery requests.

    But gradually, over time, he said, three things began happening: The crisis was framed in terms of institutional failure, versus a few “bad apple” priests; lawsuits forced the Catholic Church to divulge information that prosecutors had been politically afraid of demanding; and the scandal gained the focus of major institutions — the church, law enforcement, legislatures and the press.

    Starting in the mid 1990s, the country began seeing waves of mass litigation that exposed the full extent of the scandal.

    “Judges, just like the rest of America, started to realize this was not just an isolated problem. This was widespread,” Lytton, a professor at Albany Law School in New York, said. “They became much more likely to grant broad discovery requests.”

    From "St. Louis suit follows push toward transparency in church sexual abuse claims" in the St. Louis Post-Dispatch on Dec. 30, 2013.
  • “The process of taking this case through the criminal system likely stirred as much change as any conviction,” said Timothy D. Lytton, a professor of law at the Albany Law School and the author of “Holding Bishops Accountable.”

    Two grand jury reports and the Lynn trial showed “in excruciating detail,” Mr. Lytton said, that Philadelphia church officials “placed concern about scandal to the church above child welfare.”

    From "Monsignor’s Conviction in Abuse Case Is Overturned" in The New York Times on Dec. 26, 2013.
  • "If chimpanzees have rights, then how about dogs?" asked Laurie Shanks, professor at Albany Law. "Would that mean you couldn't legally euthanize? Would it mean we can't eat animals? Where are you going to draw the line?"

    Shanks credited the creativity behind the Nonhuman Rights Project effort and called its petition a serious attempt at expanding how the law protects animals. But she believes the petition won't succeed, because the intent behind habeas corpus is to protect humans (and only humans) from unreasonable imprisonment.

    From the Advocate column "Rights or not, caged chimp deserves better" in the Times Union on Dec. 8, 2013.

  • Dean Penelope (Penny) Andrews participated in a PBS NewHour roundtable to discuss "How Mandela forever changed South Africa" on Dec. 6, 2013.

  • Albany Law School’s Christine Chung said she has been hearing more debates about dissolution and government consolidation, but it’s not clear how many communities are taking steps to eliminate levels of government.

    “The conversation has become more common and may have accelerated,” she said. “Villages get to this place for a variety of reasons.”

    From the article "Bridgewater on brink of dissolution" in the Utica Observer-Dispatch on Dec. 1, 2013.
  • Professor Paul Finkelman wrote the op-ed "State does religion no favors" for the Times Union on Nov. 29, 2013.
  • Professor Laurie Shanks was interviewed for "Concerns linger after botched rape case" by CBS6 on Nov. 25, 2013.
  • Professor James Redwood discussed his book Love Beneath the Napalm on Colonie TV's Meet the Author program.
  • Professor Vincent Bonventre appeared on YNN's Capital Tonight to discuss the Supreme Court case on religion in government on Nov. 6, 2013.
  • Professor Mary Lynch appeared on The Capitol Pressroom to talk about a new partnership between Albany Law and the Legal Project to create a clinical practice fellowship for young attorneys, enabling them to help victims of domestic violence and gain real life experience.
  • “Property tax is generally the largest source of revenue,” said Christine Sgarlata Chung, an associate professor of law at Albany Law School. “I think budgets across the country and certainly in upstate are feeling the pressure of decreased revenue and often increased expenses.”

    From the article "Frankfort tightens finances less than halfway through year" in the Utica Observer-Dispatch on Oct. 29, 2013.
  • Professor Vincent Bonventre was interviewed by North Country Public Radio for "No consensus on raising judicial retirement age to 80."

  • "You need somebody with wisdom," said Vincent Bonventre, an Albany Law School professor who favors extending the retirement age. "We just lose too many of the very best judges when they're hitting their stride."

    From the article "Just warming up at 70?" in the Times Union on Oct. 19, 2013.

  • Professor Nancy Maurer was quoted in the State Bar News story on the MacCrate Report, saying, "In my view, the current debate regarding legal education is a continuation of the debate over the gap between legal education and paractice that began with MacCrate . . . .  More recently after the Carnegie report and best practices in 1997, there was renewed emphasis on graduating practice-ready new lawyers and teaching professional values along with doctrine and practice skills."
  • Professor Vincent Bonventre was interviewed for the Associated Press article "Should NY Court of Appeals judges be allowed to serve until age 80? Voters will decide" on Sept. 26, 2013.
  • Professor Patrick Connors was quoted in the article "Legislators Hire Counsel to Guide Response to Potential Ethics Probe" in the New York Law Journal on Sept. 20, 2013.
  • Professor Laurie Shanks was interviewed for the article "Raped behind bars" in the Times Union on Sept. 9, 2013.
  • Professor Timothy Lytton discussed kosher food on Radio New Zealand on Sept. 7, 2013.
  • Professor Timothy Lytton wrote the article "The Guru of Kashrut: Rabbi Alexander S. Rosenberg and the Transformation of Kosher Certification in America" for Jewish Action magazine's fall 2013 issue.
  • Professor Mary Lynch discussed changes in legal education on WNYT’s Forum 13 program on Sept. 1, 2013.
  • Professor Paul Finkelman was interviewed by WAMC for "Owners Of Local Food Truck File Lawsuit Against NYRA, New York State Officials" on Aug. 29, 2013.
  • Professor Timothy Lytton's book Kosher: Private Regulation in the Age of Industrial Food was reviewed for Jewish Book World magazine.

  • Professor Christine Chung appeared as a guest on The Capitol Pressroom with Susan Arbetter to discuss the relationship between ailing cities and the municipal bond market on Aug. 26, 2013.
  • Professor Paul Finkelman examined "The Civil War: The Dakota War of 1862" for C-SPAN on Aug. 24, 2013.

  • Professor Ray Brescia authored the commentary "For the love of the law" for the Times Union on Aug. 18, 2013.
  • Professor Mary Lynch was a guest on WNYT to talk about changes in legal education, including the shift to more experiential learning, on Aug. 8, 2013.
  • Professor Ray Brescia authored the piece "Amid The Debate, J.D.'s True Value Gets Lost" for The National Law Journal on Aug. 5, 2013.

  • Professor Christine Chung discussed the ins-and-outs of municipal bankruptcy on YNN's Capital Tonight on Aug. 1, 2013.
  • Professor Paul Finkelman was a guest on TV Ontario program "The Agenda with Steve Paikin" to discuss the Barry Bonds home run ball case and his role as an expert witness on Aug. 1, 2013.
  • In "To Be or to Exist," a 2009 article in the Indiana Law Review, Evelyn Tenenbaum, a professor at Albany Law School in Albany, New York, wrote that, although desire for intimacy persists in people with dementia, "nursing homes cannot freely allow sexual relationships" between them. Homes "must intervene to ensure that unsafe and abusive relationships do not occur," she wrote.

    From the article "Permitting sex by geriatrics sets Hebrew Home apart" by Bloomberg News on July 29, 2013.
  • President & Dean Penelope (Penny) Andrews' book From Cape Town to Kabul was reviewed by CUNY Law Professor Ruthann Robson on JOTWELL, an online journal for legal academics to identify, celebrate and discuss the best new legal scholarship.

  • Professor Christine Chung was interviewed about Detroit's bankruptcy and related issues for Upstate New York on WCNY's The Capitol Pressroom with Susan Arbetter on July 25, 2013.

  • Professor Ray Brescia published his letter "Incentives for Homeowners (and Protection for Renters)" in The New York Times on July 20, 2013.
  • Professor Timothy Lytton was interviewed by KCBS radio in San Francisco about the controversy over ownership of the dot-kosher domain name on July 19, 2013.
  • Professor Timothy Lytton's book Kosher: Private Regulation in the Age of Industrial Food was reviewed in The New York Times on July 14, 2013.
  • Keith Hirokawa, an associate professor at Albany Law School specializing in land use and environmental law, said there is no property right for something built without a permit.

    “In practice, what happens is, everybody’s a little more willing to work together, especially when the owner says they want to comply,” said Hirokawa.

    He added, “The dilemma is that sometimes zoning is very political, which means that local governments often have a political incentive to say, ‘I realize you broke the law, but let’s figure this out…because it will cost you a lot of money to tear that down.’”

    From the article "Landowner fed up after years of zoning gripes" in The Altamont Enterprise on July 11, 2013.
  • Dean Penelope (Penny) Andrews discussed Nelson Mandela's legacy for a segment that aired on WAMC on July 7, 2013.
  • “This is an especially significant case,” said Timothy Lytton, a legal scholar at the Albany School of Law and author of “Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse.”

    “One reason is that it’s rare for any of these cases to go to a jury; most of them are settled. The other reason is that it’s possibly the first high-profile case on the watch of the new pope.”

    From the article "Lawsuit set to begin alleging abuse by KC priest drove boy to suicide" in The Kansas City Star on July 7, 2013.
  • Professor Sarah Rogerson authored the article “Lessons in Real World Service” in the July 2013 issue of Loudonville & Latham Life.
  • Professor Stephen Gottlieb discussed the Supreme Court with Alan Chartock on WAMC Northeast Public Radio on June 27, 2013.
  • Professor Timothy Lytton, author of the recently published book Kosher: Private Regulation in the Age of Industrial Food (Harvard University Press), is guest blogging for the Jewish Book Council's The Prosen People blog.
  • Professor Vincent Bonventre was interviewed about the Supreme Court's ruling on affirmative action at colleges and universities for YNN on June 24, 2013.
  • Professor Vincent Bonventre was a guest on Talk1300's Girvin & Ferlazzo Law Show on June 22, 2013.
  • Professor Ray Brescia authored "Bank of America Whistleblowers Allege Rot at the Core of the Mortgage Industrial Complex" for The Huffington Post on June 20, 2013.
  • Professor Timothy Lytton's book Kosher was reviewed by The Jewish Press on May 22, 2013.

  • Timothy Lytton, author of the new book “Kosher: Private Regulation in the Age of Industrial Food,” said consumers shouldn’t expect an overnight boom of Magen Tzedek certifications. Lytton said it took from the 1950s to the ’90s to build a reliable system of kosher certification of industrial food in the United States.

    But Lytton said that for Magen Tzedek to get jumpstarted, there also needs to be an increase in consumer demand and also brand competition among similar-minded certifiers.

    From the article "Magen Tzedek, Ethical Kosher Seal, Stalled Amid Orthodox Opposition" in The Jewish Daily Forward on May 20, 2013.
  • Professor Patrick Connors authored the article "Timing of Expert Disclosure in Context of Summary Judgment Motions" for the New York Law Journal on May 20, 2013.
  • Professor Timothy Lytton was interviewed about his book "Kosher: Private Regulation in the Age of Industrial Food" for WNYT's Forum 13 program on May 12, 2013.
  • Dean Penelope (Penny) Andrews was interviewed for WNYT's "Today's Women" series on May 2, 2013.
  • Guest speakers during a luncheon at the Radisson Hotel-Utica Centre are: Attorney Frances E. Cafarell, Utica native and clerk of the Appellate Division, Fourth Department; and Penelope Andrews, president and dean of Albany Law School.

    From the article "Law Day celebration features women and the law" in the Utica, N.Y., Observer-Dispatch April 30, 2013.
  • Professor Timothy Lytton's book Kosher: Private Regulation in the Age of Industrial Food was reviewed by The Jewish Daily Forward on April 29, 2013.
  • Professor Timothy Lytton was interviewed by the Times Union for "Albany Law prof considers kosher food rules" on April 25, 2013.
  • Professor Stephen Gottlieb appeared on WAMC's The Roundtable to discuss the death penalty, Miranda rights, and surveillance and privacy on April 24, 2013. 
  • Professor Robert Batson discussed native-state relations on the WWKB-AM radio program "Let's Talk Native" on April 14, 2013.

  • “The purpose of bail is to ensure that the person shows up for trial,” said Laurie Shanks, a clinical professor of law at Albany Law School. “This is basically, ‘would you run? Do you have anything to lose?’”

    Bail is not, she said, intended to serve as punishment or a means of preventing anticipated future crimes.

    . . .

    Such a change concerns Ms. Shanks, who fears changing the law as a knee-jerk reaction to “an egregious case, like this one.” She argues that defendants are entitled to the presumption of innocence.

    From the article "Massena crime suspect Patrick Lloyd jailed without bail" in the Watertown, N.Y., Daily Times on April 13, 2013.
  • Michael Hutter, an Albany-based attorney with Powers & Santola, a Law Journal columnist and an Albany Law School professor who frequently argues in the appellate courts, said he includes Abdus-Salaam among the very best jurists in the state, with the potential to become the court's intellectual leader.

    "Her decisions have been absolutely superb pieces of judicial writing, showing clarity, thoughtfulness and putting the decision in proper perspective with regard to possible implications and past precedent," Hutter said.

    From the article "First Department Justice Tapped for Top Bench" in the New York Law Journal on April 8, 2013.
  • Vincent Bonventre, an Albany Law School professor, notes that Gov. Mario Cuomo replaced the lone black judge in 1992 with another African-American. Bonventre says Abdus-Salaam has been a "strong" midlevel court jurist who is "moderately liberal."

    From the article "Cuomo watch: Court picks maintain diversity" in Newsday on April 7, 2013.
  • Professor Michael Hutter authored the piece "'Pealer' and Forensic-Related Records: Confronting 'Crawford' and Its Progeny" for the New York Law Journal on April 4, 2013.
  • Professor Timothy Lytton's book Kosher was featured in the "Business Book Haiku" section of BusinessWeek on April 4, 2013.
  • Professor Vincent Bonventre appeared on YNN's Capital Tonight to discuss the Supreme Court hearings on same-sex marriage on March 29, 2013.
  • Professor Robert Heverly appeared on the web-based technology law program "This Week in Law" on March 29, 2013.
  • Professor Stephen Gottlieb appeared on WAMC's The Roundtable to discuss same-sex marriage and other legal issues on March 27, 2013.  

  • Professor Paul Finkelman authored the piece "Massachusetts Keeps a Slavery Myth Alive" for TheRoot.com on March 27, 2013.
  • Professor Timothy Lytton's post "Kosher Certification: A Model of Reliable Food Label Regulation" was featured by Fooducate on March 25, 2013.
  • Melissa Breger, a professor of law at Albany Law School, said that overall, no-fault divorce has been a “welcome alternative” for litigants who do not wish to reveal traumatic facts in public, air dirty laundry in court or, in some cases, perjure themselves by accusing their spouse of behavior that never occurred in order to end their marriage.

    Prior to the law’s passage, Breger had “some serious concerns” about no-fault divorce, as did advocates for domestic violence and other groups, such as the New York chapter of the National Organization for Women and the New York State Catholic Conference.

    The big concern, Breger said, was how the law would impact survivors of domestic violence. Would it make it easier for women to get out of abusive relationships? Or would victims lose their bargaining power when it came to issues such as custody?

    “There was a concern there would be no accountability for offenders, and that litigants wouldn’t have their day in court,” Breger said. She said that it’s probably too early to ascertain what the impact of the law has been on domestic violence survivors.

    From the article "Divorces up since New York adopted no-fault law" in The Daily Gazette on March 24, 2013.
  • Professor Timothy Lytton's book Kosher: Private Regulation in the Age of Industrial Food was featured on Marion Nestle's Food Politics blog on March 22, 2013.
  • According to New York Court Watcher, a blog maintained by Professor Vincent Bonventre of Albany Law School, the list of seven potential nominees includes three blacks; three women; four appellate judges; three private litigators; one openly gay attorney; six candidates from New York City and one from Buffalo; and no academics, Hispanics, Asians or Republicans.

    From the article "Most Bar Groups Ever Size Up Seven Candidates to Fill Vacancy" in the New York Law Journal on March 22, 2013.
  • Professor Sarah Rogerson's letter to the editor "Ongoing domestic violence fight" was published by the Times Union on March 14, 2013.
  • "They reframed the question," said Timothy Lytton, an Albany Law School professor and author of the book "Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sex Abuse."

    "Before 1984, nobody talked about it. Police wouldn't investigate it. Now, books are being written on the responsibility of the pope. All over Europe there are questions about the Vatican's role in all this and that is largely the results of lawsuits," he said.

    From the article "Victims raise legal questions about retired pope" by the Associated Press on March 5, 2013.
  • Separate and apart from the sanctions they mete out, laws shape values. “When you’re talking about public health issues … one of the roles that law plays is an expressive function,” says Timothy Lytton, a law professor at Albany Law School who studies the effectiveness of laws aimed at improving public health. “It normalizes certain types of behavior and abnormalizes others. So if you pass a ban on certain types of weapons, those become not normal weapons; they get carved out.” Gun-rights organizers also recognize law’s powerful effect in setting parameters of acceptability—it’s why for years they’ve pushed for expanded state concealed-carry permits. “They want the law to help them change what’s normal, and that seems to me to be a valid use of law,” says Lytton.

    From the article "Gun Control’s Long Game" by The American Prospect on March 4, 2013.
  • Professor Paul Finkelman authored the piece "Francis Lieber and the Law of War" for The New York Times' Disunion series, which follows the Civil War as it unfolded, on March 2, 2013.
  • "You even have less of a likelihood (of parole) now. Now every crime is on the front page of every paper and it's on social media," Laurie Shanks, a professor at Albany Law School, said a recent interview.

    "The police union can go on Facebook or Twitter or send a petition electronically by clicking a button on a computer," she said. "The chances of parole are slimmer now than they were 30 years ago . . . In fact, the chances of parole are almost nil."

    From the article "Lamont Pride to be sentenced in Officer Peter Figoski's slaying" in Newsday on Feb. 28, 2013.
  • Professor Paul Finkelman participated in the online debate "The Constitution’s Immoral Compromise" for The New York Times on Feb. 26, 2013.
  • Professor Paul Finkelman authored "Three-Fifths Clause: Why Its Taint Persists" for The Root on Feb. 26, 2013. The piece was also featured on Slate.com.
  • Professor Vincent Bonventre appeared on YNN's Capital Tonight program to talk about same-sex marriage cases before the Supreme Court on Feb. 25, 2013.
  • The only notable exception to this is Hebrew National, says Timothy Lytton of Albany Law School, who has written a book about kosher regulation (Hebrew National says it has “always stood by its kosher distinction and status” and a Triangle K rabbi says it made “kosher meat available to the greater American public, and not just the glatt consumer”.) The certifying bodies do a much better job than the government did, says Mr Lytton. They pounce on mistakes and are swift to admit their own. America’s kosher food industry generates $12 billion in sales a year so no one wants to lose customers because of sloppiness.

    In Israel, by contrast, the state is closely involved, promoting the Chief Rabbinate’s kosher label as the only acceptable one. But those standards are the lowest common denominator, says Mr Lytton, and many religious Jews find them too lax. They insist on stricter checks from private companies which costs extra.

    From the article "A meaty question" in The Economist on Feb. 7, 2013.
  • Professor Robert Heverly recorded a segment on "Who Controls the Internet" for WAMC's Academic Minute on Feb. 5, 2013.
  • The newly partisan tone was evident in the confirmation hearings for Mr. Cuomo's first nominee for the Court of Appeals, Jenny Rivera, who was questioned for hours over two days before being approved on a party-line Judiciary Committee vote. Ms. Rivera is expected to be confirmed in a floor vote, but the intense hearing was unusual, said Albany Law School professor Vincent Bonventre.

    "Senate judiciary hearings in New York state have been a waste of time in the past. Usually they're nothing more than rubber-stamping whoever the governor sends before them," Mr. Bonventre said.

    From the article "GOP Rebels as Cuomo Shifts Left" in The Wall Street Journal on Feb. 5, 2013.
  • And the justices come in prepared, Albany Law School professor Laurie Shanks said Tuesday. Shanks, who is not involved in the Raucci case, said the justices also have expectations of their own.

    “They expect you to be prepared,” Shanks said. “Very often you get out ‘Good morning, your honor,’ and they start asking you questions.”

    The justices’ questions then focus on the issues that they saw when reading through the submissions. The direction of those questions can often go in a different direction, Shanks said.

    “Often what you believe is the most important argument, they may or may not agree,” Shanks said.

    From the article "Raucci appeal set for hearing today" in the Schenectady, N.Y., Daily Gazette on Feb. 5, 2013.
  • Dean Penelope (Penny) Andrews appeared on WNYT's Forum 13 to talk about her new book From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights on Feb. 3, 2013.
  • Professor Vincent Bonventre was interviewed for the article "Rivera Would Face Steep Learning Curve On NY's Top Court" on the Law360 website on Jan. 23, 2013.

  • Professor Paul Finkelman authored the piece "2nd Amendment Passed to Protect Slavery? No!" for The Root on Jan. 21, 2013.
  • Dean Penelope (Penny) Andrews appeared on The Capitol Pressroom to talk about her new book From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights on Jan. 18, 2013.
  • Albany Law School Professor Vincent Bonventre, who has written and commented on the court, said Rivera brings with her a "paper trail of scholarship devoted to domestic violence, feminist jurisprudence, equality and the upward mobility" of Hispanics.

    "This is someone who might fall into the category of critical legal theorist or critical legal feminist, somebody who looks at these issues…from a very, very different angle," Bonventre said. "There just isn't any question in my mind that if the members of the Senate Judiciary Committee read her stuff, some of them will be a little uncomfortable with it, not because there is anything 'bad' in there, but it may be a kind of scholarship they are not used to. It is the kind of legal scholarship that says in society, in the legal profession, this is what is happening to women, this is what is happening to Latinas at home, and the law is not addressing it."

    From the article "CUNY Law's Rivera Named to Fill Ciparick Seat" in the New York Law Journal on Jan. 16, 2013.
  • Professor Vincent Bonventre appeared on YNN's Capital Tonight to discuss Professor Jenny Rivera's nomination to the state Court of Appeals on Jan. 16, 2013.

  • Professor Vincent Bonventre was interviewed by YNN for "President lays out gun control plan, reaction still fresh to NY’s law" on Jan. 16, 2013.
  • Professor Paul Finkelman is on History's "The Ultimate Guide to the Presidents" series, which premiered on Jan. 15, 2013. He was interviewed about Presidents Lincoln, Jefferson and Fillmore, among others.
  • Dean Penelope (Penny) Andrews appeared on WAMC's The Roundtable to talk about her new book From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights on Jan. 9, 2013.

  • Timothy Lytton, law professor at Albany Law School and author of “Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse,” says the Catholic Church is losing its credibility as a moral voice in America.

    “Whereas the Catholic bishops have traditionally been highly respected advocates for a range of moral issues related to economic justice, human rights and peace, in the wake of the scandal, many Americans no longer take much notice when they speak out. I can only imagine that, as the crisis spreads to other countries, the church will suffer a similar diminishment of prestige.”

    Lytton continues to say, “The church has been engaged in an internal struggle for three decades about how to address this issue adequately. The first step is that bishops and other high church officials must take responsibility for their failings. Without this, the culture is unlikely to change, and new policies to protect children are likely to be less effective. If the Church fails to repair the damage to its moral standing through real accountability and institutional change, one can only imagine that it will erode support for the church and its mission.”

    From the article "Child Abuse And The Catholic Church: A Gospel Of Tragedy" by Mint Press News on Jan. 9, 2013.

  • But Albany Law School professor Vincent Bonventre said Cuomo hasn’t shown much of an ideological hand in his nominations.

    “If he’s like his dad, he won’t stick to just liberal Democratic appointments,” said Bonventre. “His dad appointed as many Republicans as Democrats and as many conservatives as liberals.

    “Certainly, he’s been interested in diversity, like his dad was,” Bonventre added, noting that the younger Cuomo made Randall Eng the state’s first Asian-American presiding judge for the Appellate Division, one step below the Court of Appeals.

    From the article "Andy can court all new judges" in the New York Post on Jan. 1, 2013.