Wednesday, November 16, 2022

Judge Eugene M. Fahey and Consequentialism

By Claire Stratton
Claire Stratton is 3L at Albany Law School. She is a graduate of the University of Texas at Austin.
This year, Claire is serving as the Executive President of the Student Bar Association and Editor-in-Chief of the Journal of Science and Technology. For the past two years, Claire has been a Student Ambassador for the school. Claire has served on SBA each year she has been at Albany Law, first as a 1L representative and then as 2L Class President.
Additionally, Claire has served on many Executive Boards around campus, including, Phi Alpha Delta, the Business Law Society, the Gaelic Law Society, and the Albany Law Literary Circle.
Claire has been a law clerk for the Towne Law Firm for about a year now and will be graduating this May!

Eugene M. Fahey, who recently retired from New York's highest court, the Court of Appeals, can be described as a true New Yorker with a strong sense of devotion to the public. Fahey authored many notable opinions, addressing a wide range of topics, including same-sex marriage and gun violence.

Judge Fahey embraced consequentialism, a method of judicial interpretation, throughout his career on the bench. This is apparent in some of his most well-known opinions.

Consequentialism is a method that factors in the effects and ramifications of a decision when determining the best resolution of an issue. This paper analyzes some of Judge Fahey’s most significant opinions and his use of consequentialism in them.
To read the paper, open HERE.