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- Creator is exactly "Vincent M. Bonventre"
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Race: A Legal, Historical, Scientific, and Personal Issue
This is the Introduction to the Albany Law Review's 2009 symposium, "Defining Race." Professor Bonventre opens the symposium with a few remarks on the genesis and objectives of the day-long conference, and he shares some of his own perspectives on…
Aristotle, Cicero and Cardozo: A Perspective on External Law
In this essay, based on opening remarks at a symposium on the use of foreign law in American court decisions, Professor Bonventre notes that the practice of considering extra-national law is as old as antiquity. He recalls, for example, that in…
Yes: Litigants Deserve a Justice with an Open Mind (A Right to Talk: Has Justice Antonin Scalia Compromised His Objectivity with a Public Remark?)
Late last year Scalia told an audience at Catholic University that it is “absolutely plain there is no constitutional right to die.” It’s not that judge should keep their opinions to themselves; they should keep their minds open. A judge should truly…
Tribute to Chief Judge Lawrence H. Cooke, 1914-2000
Chief Judge Lawrence H. Cooke was a giant in his profession, in his community, in his family, with his friends and colleagues, and for all who came to know him. His passing is a great loss, an occasion of great sadness for all those he helped,…
Toward the Lippman Court: Flux and Transition at New York’s Court of Appeals
At the time of this writing, barely a year had passed since Jonathan Lippman assumed the center seat at New York’s highest tribunal as the Chief Judge of the state. Still there was been no shortage of notable developments almost immediately for the…
Tilting the Scales of Justice
In 1992, Judge Fritz Alexander retired. Governor Mario Cuomo’s decision on a replacement for Fritz Alexander could well decide the fate of a long and proud New York tradition of protecting fundamental rights and liberties regardless of the ebb and…
The New York Court of Appeals: An Old Tradition Struggles with Current Issues
Independent state constitutionalism is a venerable tradition in New York. Safeguarding fundamental rights and liberties based on New York law–regardless of the federal law–is at least as old as the state’s highest tribunal. Currently, with William H.…
The Fall of Free Exercise: From 'No Law' to Compelling Interests to Any Law Otherwise Valid
This article is based on remarks made by Prof. Vincent M. Bonventre at an Albany Law School symposium on the current state of religious freedom under Supreme Court jurisprudence. Bonventre surveys the evolution of free exercise protection under the…
The Duty of Fair Representation Under the Taylor Law: Supreme Court Development, New York State Adoption and a Call for Independence
The Supreme Court first recognized the duty of fair representation (DFR) in federal labor law in its 1944 decision in Steele v. Louisville & N.R.R. The case arose out of racial discrimination in employment and union representation. It resulted in…
The Diallo Case People v. Boss: Panel Discussion
The following is a transcript of the question-and-answer session that concluded the Albany Law School’s panel discussion of the Amadou Diallo verdict, held on March 7, 2000. Panel participants included Professor John Baker, Professor Vincent…
Stewart F. Hancock, Jr., 1923-2014; In This Issue: Truth v. Justice
Judge Hancock was characterized by his colleagues as “a perfect gentleman.” If there is an essence that can be distilled from his body of judicial work, it is that commitment to decency in the law, to promoting fundamental fairness. That doctrine,…
State Constitutionalism in New York: A Non-Reactive Tradition
This article traces the independent state-law based protection of individual rights and liberties by the New York Court of Appeals, the state's highest court, since its earliest years in the mid-nineteenth century. The practice of developing a body…
State Constitutional Recession: The New York Court of Appeals Retrenches
This article discusses the retrenchment of the New York Court of Appeals from liberal state constitutionalism used to protect its citizens civil liberties towards a more conservative and divided court. The New York Court of Appeals has been a paragon…
State Constitutional Jurisprudence: Decision Making at the New York Court of Appeals
This is a transcript of the presentation given by Professor Vincent M. Bonventre in 1996 at a conference discussing, among other things, State Constitutional Jurisprudence. Professor Bonventre and Professor Luke Bierman both presented on State…
State Constitutional Adjudication at the Court of Appeals, 1990 and 1991: Retrenchment is the Rule
A historically liberal and progressive court, this article analyzes the retrenchment of the New York Court of Appeals in pro-government decisions curing the 1990-1991 term. During this time, the court cut back on the right to counsel, repeatedly…
Richard C. Wesley: Voting and Opinion Patterns on the New York Court
Professor Vincent M. Bonventre analyzes the voting practice of New York Court of Appeals Judge Richard C. Wesley in both criminal and civil cases. A contradiction presents itself when this record is looked over: while Judge Wesley is stanchly…
Religious Liberty as American History
This essay demonstrates how the the development of the law of religious freedom in the United States helps to define the nation's history. Professor Bonventre uses religious liberty as a perspective from which to view America's history generally.…
Public Law at the New York Court of Appeals: An Update on Developments, 2000
Professor Vincent M. Bonventre analyzes the history of the New York Court of Appeals from the tenure of Chief Judge Benjamin Cardozo through to the modern day, noting it’s years of affinity for both the government and the individual, in turn. Next,…
Professional Responsibility: 1994-1995 Survey of New York Law
Professor Vincent M. Bonventre analyzes New York Court of Appeals and Supreme Court decisions from 1994-1995 as the pertain to professional responsibility. First are two conflicting decision by the Supreme Court cases regarding the level of…
Professional Responsibility: 1992 Survey of New York Law
Professor Vincent M. Bonventre analyzes the 1992 Professional Responsibilities in New York State courts in three distinct categories. First are the duties of ethics and care owed by attorneys to their clients. Second is the question of whether a…
Professional Responsibility: 1991 Survey of New York Law
Professor Vincent M. Bonventre analyzes the 1991 Professional Responsibilities in New York State courts in four distinct categories. First is a discussion of attorney work disclosure, attorney fitness, and appropriateness of fees. Second is a…
Professional Responsibility: 1990 Survey of New York Law
Professor Vincent M. Bonventre analyzes the 1990 Professional Responsibilities in New York State courts in five distinct categories. First is the New Code, as 1990 saw the Code of Professional Responsibilities updated. Second are cases regarding…
Professional Responsibility: 1989 Survey of New York Law
Professor Vincent M. Bonventre analyzes the 1989 Professional Responsibility decisions in New York State courts in four distinct categories. First the profession and the practice are reviewed, both for bar admission rejection and improper…
Professional Responsibility: 1988 Survey of New York Law
First, Prof. Bonventre compares Supreme Court decision with New York State decision regarding targeted direct mail solicitation and disclosure requirements. Second, the strong public policy and ethics of contingency fees in criminal cases are…
New York's Chief Judge Kaye: Her Separate Opinions Bode Well for Renewed State Constitutionalism at the New York Court of Appeals
When Judith Kaye was elevated by New York's then-Governor Mario Cuomo to the center seat of the state's highest court, she was already a national leader in promoting judicial federalism. In her judicial opinions as an Associate Judge of the Court of…