But even with a written policy, it's not that easy for nursing homes to figure out when consent to sex is really valid, says Evelyn Tenenbaum, a professor of law at Albany Law School and bioethics professor at Albany Medical College.
"For example, suppose you have a couple and the woman believes that the man she's seeing is her husband," says Tenenbaum. "Then she consents to a sexual relationship. Is that really consent if she doesn't understand who he is and that she's not married to him?"
Sometimes in such cases, nursing homes will defer to the wishes of the resident's family, says Tenenbaum.
"On the other hand, nursing homes are required to take care of the psychosocial needs of their residents," says Tenenbaum. "Whether psychosocial needs would include sexual relationships is a question."
From a piece on "Can A Person With Dementia Consent To Sex?" for NPR's All Things Considered on April 22, 2015.
"The goal for students in clinic is to give them transferrable skills that they’ll be able to take into a profession," says Sarah Rogerson, director of the Albany Law School Clinic & Justice Center.
From the article "Albany Law expanding clinics to give students hands-on experience" in the Albany Business Review on April 22, 2015.
Professor Sarah Rogerson was interviewed for the segment "Director Discusses New Immigration Law Clinic" that aired on WAMC Northeast Public Radio on April 21, 2015.
Professor Sarah Rogerson was a guest on The Capitol Pressroom with Susan Arbetter to dicuss New York state's role in immigration assistance on Feb. 24, 2015.
"The current fight over where the case should be heard reflects the parties' beliefs of where they would do better," Albany Law School Professor Timothy Lytton said Tuesday. Lytton has studied legal actions against gun companies across the country and he said any presumptions on which jurisdiction would be better for either party is unclear.
"The gun manufacturer believes they will do better in federal court while (the families) believe they would do better before a state judge but that is by no means a foregone conclusion," Lytton said. "There have been federal judges who have looked favorably on these gun lawsuits just as there have been state judges all over the country who have dismissed these cases."
From the article "Sandy Hook Families Want Gun Lawsuit Moved Back To State Court" in the Hartford Courant on Feb. 17, 2015.
"There are just a million variables," said Ray Brescia, an Albany Law School professor and director of its Government Law Center. "It hinges on the assessment of the strength of each case, and potential litigation costs. You could also have a government entity that just has a lesser appetite to litigate a matter, and they'd much rather pay a settlement than have the case drag out in court."From the article "Nassau's lawsuit payouts total $101.5M over 8-year period - nearly three times Suffolk's $37.4M" in Newsday on Feb. 14, 2015.
Professor Vincent Bonventre was interviewed for the NPR segment "Court of Appeals Back on Track, After Lengthy Vacancies" on Feb. 12, 2015.
Professor Vincent Bonventre was a guest on Talk 1300 radio, discussing Court of Appeals appointments with host Fred Dicker on Feb. 9, 2015.
Among the speakers Tuesday were Mary Lynch, an Albany Law School professor who is co-president of the national Clinical Legal Education Association. She said her group is worried that adopting the UBE would force New York law schools to divert resources from clinics where students receive practical, hands-on lawyering skills to courses that would better prepare students for the test.
Lynch said she feared that law schools would weigh admissions more heavily toward students who do well on the LSAT exam because they have shown proficiency at answering multiple-choice questions, which are found more frequently on the UBE.
"There are too many unanswered questions," she said.
From the article "State Bar Worries UBE Could Devalue 'Gold Standard'" in the New York Law Journal on Feb. 4, 2015.
Vincent Bonventre, a professor at Albany Law School who closely follows the Court of Appeals, said Justice Fahey was a safe choice for the governor because of his experience. “He certainly has a reputation for being collegial and I imagine he will have no problem getting through,” he said.From the article "Cuomo Selects Another Democrat for New York’s Highest Court" in The New York Times on Jan. 15, 2015.
Professor Evelyn Tenenbaum's approach to her courses was highlighted in the ABA's January Student Lawyer magazine. For several paragraphs, the piece talked about her requirement for students to arrange for five field trips in the Applied Health Law Policy course.