By Caroline Murray, Albany Government Law Review
“It’s our dirty little secret,” said Franklin County District Attorney Derek P. Champagne. He was speaking of the U.S.- Canadian border drug trafficking issue. At the time of his statement, Mr. Champagne was prosecuting the drug bust of smuggler, Lee Marlowe, who was apprehended after an alert went out, “for a vehicle from the border with a load of marijuana.” Congressman Bill Owens claimed this bust was the result of winning House approval of the Northern Border Counternarcotics Strategy Act one-month prior. Senator Charles Schumer, pushed the bill through the Senate and President Obama signed it into law on January 4, 2011. Continue reading “Battle at the Border: National Northern Border Counternarcotics Drug Strategy”
By Rebekah Addy, Albany Government Law Review
On July 24, 2011, the New York Legislature enacted the Marriage Equality Act, which permits marriage between persons of the same-sex and provides that valid same-sex marriages entered into outside of New York will be recognized and treated the same as in-state marriages. The New York State Bar Association (“NYSBA”) “has long supported the new law” stating that it is a “triumph for equality” granting “important protections and legal rights” to same-sex couples. However, NYSBA president Vincent E. Doyle III also noted that “many areas of the law are unclear” and “there are many open issues about how the law will be applied.” In light of that recognition, NYSBA produced a Marriage Equality FAQ brochure developed by a panel of legal experts, dated July 18, 2011, seeking to help “couples, attorneys and others navigate the new legal landscape.” Continue reading “Dissolution of Out-of-State Civil Unions in New York: Dickerson v. Thompson”
By Joseph H. Cucco, Albany Government Law Review
Since the internet first became a reality, there have been questions raised about how to ensure that online retailers—also called “e-tailers”—collect and pay their fair share of sales taxes. Defining what their fair share is however, has not been a simple matter, due to constitutional issues regarding limits on states’ ability to tax interstate commerce. Recently, states have begun enacting statutes designed to capture sales or use taxes from e-tailers. New York is one state which has imposed sales tax on internet purchases by passage of a statute dubbed the “Amazon Law.” Continue reading “New York’s Amazon Law: The Next Step for Nexus”
Robert Magee, Former Managing Editor of the Fireplace Blog
Panel Two was entitled The Lawyer Presidents: Lincoln, Obama, and the Rule of Law. It featured three speakers, each of whom strove to connect the lessons of Lincoln’s Presidency to the problems faced by the Obama Administration. The first was Dr. Timothy Huebner, Associate Professor of History at Rhodes College, the second was Dr. Thomas C. Mackey, Adjunct Professor of Law at the University of Louisville Brandeis School of Law, and the third was Anthony Paul Farley, the James Campbell Matthews Distinguished Professor of Jurisprudence at Albany Law School.
Dr. Huebner’s talk was entitled The Supreme Court and the Presidency: Lincoln/Taney and Obama/Roberts. In it he outlined the revolution in America’s understanding of the Constitution that Lincoln represented. Symbolically, it was a revolution against the constitutional view Chief Justice Taney represented when he swore in President Lincoln in March of 1864. Dr. Huebner began by noting that the swearing in of President Obama was the first in which a Chief Justice swore in someone who had voted against his appointment to the Supreme Court. As we all remember, this was an awkward moment.
This awkwardness was nothing compared, Dr. Huber noted, to Chief Justice Taney’s swearing in of Lincoln. Taney had spent his career as both a politician and a judge promoting a Jacksonian constitutional understanding, an understanding typified in his opinion in Dred Scott v. Sanford. It was a view that considered individual liberty and political power to be inherently opposed to one another. It was a view which generally opposed centralization of power and which viewed the right to own property as the cornerstone of individual freedom. Thus, Chief Justice Taney held in Dred Scott that a slaveholder’s individual right to own and use his property trumped federal prohibitions against the spread of slavery in the territories. Dr. Huebner stressed that Taney’s holding that the Constitution had been written by the Founders on the understanding that slaves were to be property and not citizens was not the crucial concern of Taney’s, no matter how essential it was to its logic. It was this idea of individual liberty which informed Taney’s jurisprudence and which led him to conclude that government’s role under the Constitution was a limited one. In Dred Scott Taney had memorialized his most fundamental political inclinations and, in doing so, brought constitutional jurisprudence to the head of a movement that began under Jackson in the 1830s. Continue reading “Panel 2 The Lawyer Presidents: Lincoln, Obama & the Rule of Law”