May 2012 | Vol. 80, No. 6


by Bruce A. Green

States Side Story: Career Paths of International LL.M. Students, or “I Like to Be in America”

by Carole Silver

Homeward Bound: What Does a Global Legal Education Offer the Indian Returnees?

by Swethaa Ballakrishnen

Minorities, Merit, and Misrecognition in the Globalized Profession

by Hilary Sommerlad

Becoming a Cosmopolitan Lawyer

by John Flood & Peter D. Lederer

Adopting Regulatory Objectives for the Legal Profession

by Laurel S. Terry, Steve Mark, & Tahlia Gordon

Comparative Perspectives on Lawyer Regulation: An Agenda for Reform in the United States and Canada

by Deborah L. Rhode & Alice Woolley

State Ownership and Corporate Governance

by Mariana Pargendler

Whither Fairness? In Search of a Jurisdictional Test After J. McIntyre Machinery v. Nicastro

by Peter R. Bryce

Getting to “Exempt!”: Putting the Rubber Stamp on Section 501(c)(3)’s Political Activity Prohibition

by Michael Fresco

A Textbook Dilemma: Should the First Sale Doctrine Provide a Valid Defense for Foreign-Made Goods?

by Melissa Goldberg

E Pluribus Unum? The Full Faith and Credit Clause and Meaningful Recognition of Out-of-State Adoptions

by Pamela K. Terry

Actual Innocence in New York: The Curious Case of People v. Hamilton

by Benjamin E. Rosenberg

It is rare for a case from the New York Appellate Division to be as significant as People v. Hamilton.   The case, however, was the first New York appellate court decision to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was charged.   Although the precedential force of the decision is limited to the Second Department, trial courts throughout the state are required to follow Hamilton unless or until the appellate court in their own Department rules on the issue.   Courts throughout the state are thus entertaining numerous “actual innocence” motions inspired by Hamilton.

While courts in some other states, including state appellate courts, have recognized actual innocence claims, whether such claims should be recognized, and if so under what circumstances, is a very live issue in the federal courts and numerous state courts throughout the country.   Examination of Hamilton, therefore, provides a useful way to consider issues that are of surpassing importance in criminal law and that will likely reoccur in cases throughout the country.  As Hamilton goes further than many other courts have in considering the implications of actual innocence claims, consideration of Hamilton may be of considerable value to courts that consider actual innocence claims.  Hamilton is a trailblazer, and its trail will repay careful study.


FISA Surveillance and Aliens

by Amit K. Chhabra