Monday, September 15, 2025

A Court in Crisis: The New York Court of Appeals in American Conflict

By Alec G.H. Levesque
Alec Levesque graduated cum laude from Albany Law School in 2025. Before attending Albany Law School, he earned a B.A. in Classics from the College of the Holy Cross.
During law school, he interned twice at the Albany County District Attorney’s Office, as well as for the Third Judicial District Administrative Office. In addition, he interned in the Health Law Clinic at the Edward P. Dwyer Justice Center.
Alec wrote this paper for Professor Bonventre’s Court of Appeals Intensive Seminar.


When conflict arises that threatens a society’s very existence, every parameter of that society is put to the test–especially, perhaps, its legal institutions. Although perilous, it is this test that often provides the amplest opportunity for the law to evolve. In the case of the United States, while many may believe that this evolution stems exclusively from the Supreme Court, that court is far from alone.

This paper examines how New York's highest court, the Court of Appeals, has contributed to the nation’s law during periods of major conflict in the United States. This was true for the Civil War, World War I, the Great Depression, World War II, and modern civil rights movements.

The purpose of the paper is to show that (1) the Court has historically played a leading role in shaping the law during such periods, and (2) that the conflict has conversely had a substantial effect on the Court’s own evolution.
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To read the paper, open HERE.

Saturday, September 6, 2025

Center Editorial Board, 2025-2026

Director

Editor-in-Chief
Brooke Riscica is a third-year law student at Albany Law School. Prior to attending law school, Brooke graduated Summa Cum Laude from Utica University, where she received her Bachelor's Degree in Criminal Intelligence Analysis, with minors in Philosophy of Law and Cybersecurity. She also interned in Senator Charles E. Schumer's Syracuse regional office, and the Oneida County District Attorney's Office. During her 1L summer, Brooke clerked at The DeAngelus Group, splitting her time between the Trusts and Estates and Cybersecurity practice groups. Brooke also worked in the Albany Law School Community Economic Development Clinic, and spent her 2L summer clerking at Bond, Schoeneck & King, in Albany. Brooke is currently Executive Editor for Submissions of the Albany Law Review, Volume 89, and a Senior Admissions Ambassador in the Albany Law Office of Admissions.   

Executive Editor
Andrew Fay is a third-year student at Albany Law School on a President’s Scholarship. He earned his Bachelor’s Degree in both Physics and History at Davidson College, where his undergraduate dissertation examined developments in the Eisenhower Administration’s outer space policy following the launch of Sputnik I. In 2020, he graduated from the University of Edinburgh with a Master of Science in Contemporary History, where he examined the Nixon Administration’s communications policy in Nixon’s first term. During and after the pandemic, Andrew worked in several administrative, policy, and appropriations roles in Washington, D.C., which inspired him to apply to law school.
After interning with the Chambers of Hon. Lawrence E. Kahn at the Northern District of New York two summers ago and working with the Office of General Counsel for New York State United Teachers this past summer, Andrew looks forward to continuing his legal education with an eye toward Constitutional Law and Civil Litigation. He currently serves as the Executive Editor for State Constitutional Commentary on the Albany Law Review and as a fellow with the Government Law Center. 

Executive Editor
Victor Gelfuso
is a third-year student at Albany Law School. He received his Bachelor of Arts degree Summa Cum Laude from Siena College, with a major in Philosophy and double minors in Political Science and History, and a Pre-Law Certificate.
At law school, Victor was the 2025 Domenick Gabrielli Appellate Advocacy Competition Champion and was a teaching assistant for Dr. Vincent Bonventre's 2025 Spring Criminal Law class. He is also an adjunct instructor for Siena College's LSAT prep class.
Victor's main legal interests are in constitutional law, property law, and the philosophy of law.

Executive Editor
Madison Marshall
will graduate in December 2025 from Albany Law School. Prior to attending law school, she graduated from St. Lawrence University, magna cum laude, with a Bachelor’s Degree in Performance and Communication Arts. Currently, Madison is a Co-Chair of the Women’s Leadership Initiative Fellowship. She has previously served on the Anthony V. Cardona Moot Court Board as a Family Law Competition Associate and a Constitutional Law Teaching Assistant for Professor Bonventre. After interning with the Chambers of Hon. Craig P. Carriero, Franklin County Court, Family Court, and Surrogate’s Court Judge for the Fourth Judicial District, and Flink Maswick PLLC, Madison hopes to return to the North Country to continue to give back to her community in an impactful way. 

Executive Editor
Kelly Maney is a second-year student at Albany Law School on a Founders’ Scholarship. Kelly earned her bachelor’s degree of Science in Biology at the University at Buffalo.
Kelly is an Associate Member of the Anthony Cardona Moot Court Board. This past summer, she was a Summer Associate at Harris Beach Murtha where she gained valuable legal experience. She will be returning next summer.

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For previous years' boards, click HERE.  

Tuesday, June 10, 2025

New York’s “Forever Wild” and the Chiefs

Three Chief Judges Opining on the State Constitutional Mandate
By E. Conor Graham

E. Conor Graham is a 2024 graduate of Albany Law School. He earned his bachelor's degree from Siena College, studying philosophy and international relations and affairs.
In law school, Conor was the Executive Editor for Lead Articles of Volume 87 of the Albany Law Review. He also interned at the United States Court for the Northern District of New York and at K&L Gates LLP.
Conor began his legal career as a law clerk to the Honorable Richard K. Eaton at the United States Court of International Trade. 


Article XIV, Section 1 of the New York State Constitution, “the Forever Wild clause,” sets out that “[t]he lands of the state . . . constituting the forest preserve . . . shall be forever kept as wild lands.  They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed.” It is a unique provision, unlike any other found in the federal or another state constitution, and it protects nearly three million acres of state-owned Forest Preserve land in New York State.

The aim of this paper is to consider both the history and the trajectory of the Forever Wild clause as it comes before New York's highest court, the Court of Appeals, through examining three important decisions related to the Forever Wild clause authored by three different Chief Judges of the court. Further, this analysis has the added benefit of focusing on the court’s leaders—the Chief Judges—presiding at the time of each case. Each section includes a brief discussion of the respective Chief Judge whose opinion will be discussed, followed by that judge’s opinion dealing with the Forever Wild clause.
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To read the paper, open HERE.

Wednesday, May 28, 2025

Justice Jackson’s Square Deal

His Judicial Opinions Through the Lens of His 1940 Speech
By Michael J. Caggianelli 
Michael J. Caggianelli is a 2025 graduate of Albany Law School. Before attending law school, he earned a bachelor’s degree in Criminal Justice from the University at Albany, SUNY. He also worked as a student research assistant at the Office of the New York State Attorney General, aiding staff members at the Robert Abrams Law Library in downtown Albany.
During law school, Michael was accepted into the Government Law Review as a subeditor. The following year, he was selected to serve on the journal’s editorial board as an Article Editor. He also interned twice at the Saratoga County District Attorney’s Office, the second time as a student in the Domestic Violence Prosecution Hybrid (DVPH) Clinic. Following these experiences, Michael interned at the New York State Education Department’s Office of Professional Discipline (OPD) and collaborated with attorneys from the New York State Office for the Prevention of Domestic Violence (OPDV).
Following the bar examination, Michael will begin his legal career as an Assistant District Attorney at the Saratoga County District Attorney’s Office.



In 1940, U.S. Attorney General Robert H. Jackson gave an address titled “A Square Deal for the Court.” At the time, critics of the Supreme Court were concerned that the justices were frequently overturning precedent and increasingly lenient towards the policies of President Franklin D. Roosevelt. Jackson was critical of the idea that the Court was becoming “Roosevelt’s Court,” or that overturning precedent was a problem to be fixed. Instead, he argued that overturning previous decisions could be a positive development if new rulings brought US jurisprudence closer to the words of the Constitution.

Jackson would soon receive an opportunity to influence federal jurisprudence and address his concerns with judicial decision-making. Upon his appointment as an Associate Justice, Jackson quickly established himself as a strong adherent to constitutional principles. He authored numerous opinions, many of which remain relevant in the modern era.

This paper seeks to examine a few of his most influential judicial writings through the statements uttered in “A Square Deal for the Court” to accomplish two goals: 1) to determine whether Jackson’s jurisprudence remained consistent with his previously expressed views, and 2) further explore his attitude towards the role of the judiciary.
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To read the paper, open HERE.

Monday, January 27, 2025

Singing Like a Cannataro in a Coal Mine

The Meaning of Judge Anthony Cannataro’s Uptick in Dissents 

By Gianluca A. Alonzi
Gianluca A. Alonzi graduated Cum Laude from Albany Law School in 2024. Prior to attending Albany Law School, he earned a B.A. in Criminology from Penn State University.
Gianluca currently works for the Albany County District Attorney’s Office in the City Court Unit.
He wrote this paper for Professor Bonventre's Court of Appeals Intensive Seminar.


An interesting pattern that has begun to emerge in the New York Court of Appeals under the leadership of Chief Judge Rowan Wilson is the sudden increase in dissenting opinions written by Judge Anthony Cannataro. Cannataro was appointed in 2021 and never wrote a dissent until October of 2023. Since then, he has dissented in more than ten cases. 

There are a multitude of reasons why a judge may dissent and many times a close reading “between the lines” is necessary to fully understand why. 

This paper examines the background of the Court under the leadership of both former-Chief Judge Janet DiFiore and current-Chief Judge Rowan Wilson, along with the substance of Cannataro’s dissents. The purpose is to seek some underlying reasons why Judge Cannataro has become a dissenter, and what this may suggest about the state of New York’s highest court.
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To read the paper, open HERE.

Tuesday, December 31, 2024

State Const'l Comm/Chief Judge Cooke Symposium

 State Constitutional Commentary is an annual issue of the Albany Law Review dedicated to the examination of state constitutional law in its broadest sense, from the widest possible range of perspectives. "State constitutional law" itself is meant to encompass all varieties of law—common law, statutes, constitutional provisions, court decisions, etc.—that fall within the expanse often referred to simply as "public law."

Organization and History
Professor Vincent Martin Bonventre, Faculty Advisor of the Albany Law Review, is the founder and Editor of State Constitutional Commentary. In its early years, this special annual issue was assisted by the advice of a Professional Board of jurists and scholars from law and law-related fields, including New York Chief Judge Lawerence H. Cooke, Arizona Chief Justice Stanley G. Feldman, California Justice Stanley Mosk, Utah Chief Justice Christine Durham, Wisconsin Chief Justice Shirley Abrahamson, Canisus College Professor  Peter Galie, and John Jay Professor Barry Latzer, and Rutgers Professor Stanley H. Friedelbaum who previously published State Constitutional Commentaries & Notes, the predecessor of State Constitutional Commentary.

The Annual Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium
In the Spring of 2007, the Albany Law Review inaugurated an annual tradition of honoring the late New York Chief Judge Lawrence H. Cooke by holding a Symposium in his name.

For the 2024 Cooke Symposium, the recently appointed New York Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman shared notes on presiding over the state's highest court and of the state's judiciary. Transcript available at THE EMINENCE AND EXPERIENCE—AND EXHAUSTION—OF BEING NEW YORK’S CHIEF JUDGE


New York's Chief Judge Jonathan Lippman moderated a panel of state Chief Justices from around the country for High Courts, Center Seat: Chief Justices at Albany Law, the 2015 Cooke Symposium.
Link to a video of the event HERE.
Link to initial flyer HERE.


The 2014 Chief Judge Cooke Symposium: state supreme courts from around the country and the New York Solicitor General on Exceeding Federal Standards
More information, HERE.


In 2013, the Judges of the NY Court of Appeals: The Untold Secrets of Eagle Street.

For more information, click HERE.
Complete transcript available HERE.


In 2012, The State of State Courts, brought Chief Justices Shirley Abrahamson of Wisconsin, Christine Durham of Utah, and Chase Rogers of Connecticut to speak on a wide array of issues facing state court, in a free wheeling discussion moderated by New York Chief Judge Jonathan Lippman.



In 2011,  the Cooke symposium was Great Women, Great Chiefs featuring three of the nation's most eminent jurists. Chief Justice Margaret Marshall of the Massachusetts Supreme Judicial Court, Chief Justice Marsha Ternus from the Iowa Supreme Court, and Chief Justice Jean Toal of the South Carolina Supreme Court shared their insights as the presiding members of the highest court and the judicial branch of their respective states.




In 2010, Wrongful Convictions: Understanding and Addressing Criminal Injustice, the moderator, New York Chief Judge Jonathan Lippman, led a discussion on the origins of and modern solutions to wrongful convictions. To view a video of the event, please click HERE.
A break from the Wrongful Convictions symposium, 2010



In 2009, Tough Call: State High Court Judges on Making Their Hardest Decisions, the panel included Acting Chief Justice Maureen McKenna Goldberg of  Rhode Island, Associate Justice (retired) John M. Greaney of Massachusetts, Senior Associate Justice Flemming L. Norcott, Jr. of Connecticut, and Associate Judge Robert S. Smith of New York.  A podcast of the event is available HERE.


In 2008, Judges on Judgesfeatured the entire New York Court of Appeals speaking about their favorite judges in the court's history.

In 2007, the inaugural year, the symposium featured a Discussion with the Chief Justices, a  panel that included Chief Justices James Hannah of Arkansas, Christine Durham of Utah, and Shirley Abrahamson of Wisconsin, as well as then-Chief Judge Judith S. Kaye of New York to whom the symposium was dedicated.

Friday, December 13, 2024

Dissenting v. New York's Special Duty Rule

Bellacosa in Kircher Illuminated the Inflexibility; Wilson in Howell Sparks Hope for Reform

By Priscilla C. Capuano
Priscilla Capuano is a 2024 graduate of Albany Law School. Prior to attending law school, Priscilla earned her bachelor’s degree from Siena College, where she majored in Philosophy and minored in Creative Arts.
Priscilla interned at the Albany County District Attorney’s Office in the summer of 2022. She continued her work there by completing a field placement over the fall of 2022, and volunteering in the spring of 2023. During the summer of 2023, Priscilla worked as a Summer Associate for Goldman Sachs. In the fall of 2023, she completed a field placement in the chambers of the Honorable Mae D’Agostino.
Priscilla was on Albany Law School’s Criminal Appellate Travel Team where she competed in the 2023 Herbert Wechsler National Criminal Law Moot Court Competition. She also competed in the 2023 Domenick L. Gabrielli Appellate Advocacy Moot Court Competition, where she competed as a finalist, and won the third best oral advocate award. She and her partner won the 2023 McGovern Senior Prize Trials. As the Managing Editor for Production, Research, and Writing, on the Journal of Science and Technology, Priscilla was involved in organizing and running the Journal Write-on Competition in the summer of 2023. She also served as Executive Editor for the Center of Judicial Process from the fall of 2023 to the spring of 2024. She is
starting her legal career as a law clerk in Westchester County.


For decades, the “special duty rule” has been a source of longstanding confusion and controversy in the New York State Courts. Generally, a municipality will not be held civilly liable for injuries resulting from the police’s failure to provide general protection to its citizens, unless the plaintiff can establish the existence of a “special duty.”

The New York State Court of Appeals’ decisions reveal that the special duty exception is narrowly applied to municipal liability cases. The court’s consistently narrow application is apparent even in cases involving gruesome violence against victims and instances of horrific police work. 

Judge Joseph Bellacosa’s 1989 dissent in Kircher v. Jamestown and Judge Rowan Wilson’s 2022 dissent in Howell v. City of New York both showcase the Judges’ disbelief, disapproval, and disappointment in the majority’s decisions narrowly applying the special duty rule in cases with particularly egregious circumstances. 

Moreover, they assert that these cases are more than mere “sympathetic circumstances” decided under a “catechetical” interpretation of the special duty rule, but an opportunity to “adjust the common-law doctrines of negligence and special duty as fairness and justice require.” The question remains whether Judge Wilson’s Court will seize the opportunity to make appropriate adjustments or adhere to the narrow application of the special duty rule as “settled law.”
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To read the paper, open HERE.

Monday, September 16, 2024

Center Editorial Board, 2024-2025

Director

Editor-in-Chief
Matt Montag is a third-year student at Albany Law School. Prior to attending Albany Law, Matt worked for four years as a legislative aide in the Colorado State Senate.
Matt is a member of the Albany Law Review and the Albany Law School Tenant’s Rights Pro Bono Project. Last year, he completed a field placement with the Honorable Mae A. D'Agostino, District Court Judge for the Northern District of New York. He has also interned with the Legal Aid Society of Rochester, New York, where he represented tenants facing eviction, and with Read and Laniado, LLP, a law firm specializing in renewable energy and utility law. This fall, Matt is participating in the Immigration Law Clinic at the Justice Center.
Matt holds a bachelor’s degree in Journalism and Mass Communication with a minor in Political Science from the George Washington University. His other experiences include interning for Congresswoman Louise Slaughter; working on various political campaigns, including as the campaign manager for a victorious state house candidate in Colorado; and serving as a COVID-19 contact tracer.  

Executive Editor
Hannah Hoyt is a member of the class of 2025 at Albany Law School. Prior to law school, she graduated Summa Cum Laude from Union College. She earned a bachelor’s degree in Political Science with departmental honors and minors in Sociology and Science, Medicine, and Technology in Culture.
Throughout college, Hannah worked part-time for the Wadsworth Center of the New York State Department of Health. She is a contributing author to an article published in the Journal of Clinical Microbiology, titled “Determination of Genomic Epidemiology of Historical Clostridium perfringens Outbreaks in New York State by Use of Two Web-Based Platforms: National Center for Biotechnology Information Pathogen Detection and FDA GalaxyTrakr.”
At Albany Law, Hannah is an Executive Board Member of the Tenants’ Rights Pro Bono Project and has participated in the Donna Jo Morse Client Counseling and Negotiations Competitions. In the Spring of 2024, she joined the Community Economic Development Clinic in Albany Law’s Justice Center.
During the last two summers, Hannah was an intern for the City of Albany Corporation Counsel.

Executive Editor
Alexandra Manoussos is a third-year student at Albany Law School on a Founders’ Scholarship. She is a liaison for the New York State Academy of Trial Lawyers and is currently working for a New York City personal injury firm as a law clerk. She previously clerked at the boutique firm of Powers & Santola, LLP.
Prior to law school, Alexandra earned Bachelor’s Degrees in English and Politics and International Affairs at Wake Forest University.  Between undergraduate school and law school, Alexandra worked as a Co-Director for field operations in a county political campaign. 

Executive Editor
Rachel Proctor
 
will graduate in December 2024 from Albany Law School. Prior to attending law school, Rachel earned a Bachelor’s Degree in economics and a Master of Business Administration at St. John’s University. 
Following the bar examination, Rachel will be working as an Attorney at a boutique Matrimonial and Family Law Firm that she has called home since 2018, The Law Firm of Poppe & Associates, PLLC, based in New York, NY.
In Rachel’s free time, she enjoys spending summers in the Hudson Valley with her family and friends, winemaking with her fiancĂ©, Michael, and beagling at the local hunt club with her beagle, Nebbiolo.

Executive Editor
Andrew Fay is a second-year student at Albany Law School on a President’s Scholarship. He earned his Bachelor’s Degree in both Physics and History at Davidson College, where his undergraduate dissertation examined developments in the Eisenhower Administration’s outer space policy following the launch of Sputnik I. In 2020, he graduated from the University of Edinburgh with a Master of Science in Contemporary History, where he examined the Nixon Administration’s communications policy in Nixon’s first term. During and after the pandemic, Andrew worked in several administrative, policy, and appropriations roles in Washington, D.C., which inspired him to apply to law school.
After interning with the Chambers of Hon. Lawrence E. Kahn at the Northern District of New York this past summer, Andrew looks forward to continuing his legal education with an eye toward Constitutional Law and Civil Litigation. He currently serves as subeditor on the Albany Law Review, a fellow with the Government Law Center, and as a Sponsler Fellow for Civil Procedure.
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For previous years' boards, click HERE.  

Tuesday, August 13, 2024

The Supreme Court’s Code of Conduct

An Analysis and the Likelihood of Success

By Kayla A. Curtin
Kayla Curtin is a 2024 graduate of Albany Law School. She was raised on her family’s potato farm in rural Steuben County, New York.
Prior to attending law school, Kayla earned dual bachelor’s degrees from Le Moyne College in history and political science. During law school, Kayla served as a law clerk at the Barbaruolo Law Firm and served as a bankruptcy fellow at Legal Aid of Western New York (LAWNY).
Kayla is beginning her legal career as an Assistant Public Defender for the Monroe County Public Defender’s Office in Rochester, New York.


Scandal is not a new concept to the United States Supreme Court. In the last several years, members of the current Roberts Court have faced scrutiny from the American public regarding their activities outside the courtroom. On November 13, 2023, the United States Supreme Court issued its first-ever Judicial Code of Conduct, based on the Judicial Code of Conduct set forth by the American Bar Association and the United States Code of Judicial Conduct.

The Supreme Court’s Code of Conduct is a direct response and an attempt at bandaging the oozing wound of controversy that has surrounded the Roberts Court. But the Supreme Court has been hearing cases where the Justices should have recused themselves due to acts of impropriety and other causes for decades. Despite all of this, the Code lacks methods of enforcement and other important procedural details for the Justices to follow regarding disqualification and recusal.

The first part of this paper will introduce the three codes of conduct and a brief background on their effectiveness, focusing on disqualification and recusal. The second part of this paper is a comparison of the three codes of conduct. Here, the paper makes an inference as to whether the Supreme Court’s Code goes far enough in terms of disqualification and recusal. Further, the paper examines whether the Justices are capable of being the ones to decide when they are disqualified or should recuse themselves. The third part of this paper is an analysis of past cases in which judges have refused to recuse themselves.  It also infers, based on the Supreme Court’s Code, whether the result would be different if the same or similar situation were to occur again. The fourth and final part of this paper is a conclusion and a proposal that if the Supreme Court does not propose additional canons or an effective enforcement mechanism, the Code may come to be known as a flimsy Band-Aid to cover a long history of controversy.

Author's Note: While this paper is critical of the judicial system, its purpose is not to lead readers to believe all judges fail to abide by the codes of conduct mentioned in this paper. Rather, this paper focuses on some of the more infamous failures to recuse, encourages all judges to continue holding themselves accountable, and acknowledges the importance of a partisan judge.
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To read the paper, open HERE.