Self Portrait with Beret and Turned-Up Collar, Rembrandt, 1659

Don't Copy Rembrandt

By David Lenefsky |

Rembrandt was of course one of the greatest of the great painters in the western world. Genius, however, does not generate goodness. Rembrandt was, in fact, dishonest and viciously vindictive. As a consequence, he was often involved in highly contentious legal proceedings.

My First Wedding Ceremony

By David B. Saxe |

David B. Saxe writes: Some judges are "marrying" judges, that is, they enjoy performing weddings and being part of those often joyous celebratory events. I didn't, for the most part, fall into this group, although when I first became a Civil Court judge, I received calls from time to time from the administrative judge asking whether I would be able to perform a wedding. After saying no a few times, I thought it prudent to answer in the affirmative lest my future part assignments take an unpleasant turn.

Note to Divorcing Parents: Resolve Your Issues About Children

By Ellen Gesmer |

At the beginning of each divorce case, I speak with the attorneys to find out what is truly in dispute. If they tell me that their clients are preparing to battle over their children, I speak directly to the parties to persuade them that, for the sake of their children, they must resolve their differences.

Rolando T. Acosta

Where Judges and Lawyers Can Share Concerns and Ideas

By Rolando Acosta |

Rolando Acosta writes: On June 1, I and several colleagues participated in a program entitled "Meet the Justices of the Appellate Division, First Department." It was a rare opportunity for lawyers to explore the preferences and thoughts of appellate judges in a relatively informal setting. It may have been even more beneficial for the justices.

The Case for Pro Bono Support of Social Enterprises

By Rene Kathawala and Tal Hacohen |

While traditional nonprofits will always play a critical role in serving the needs of vulnerable communities and still need pro bono support, social enterprises—a new class of for-profit corporate forms designed to accommodate a variety of missions beyond simply maximizing shareholder value—present unique pro bono opportunities that transactional attorneys are well-suited to provide.

Why 'Newman' Should Be Affirmed

By Bruce Barket and Alexander Klein |

To be sure, the government's position on insider trading as argued in 'United States v. Newman' aims to level the playing field for investors. However, it is exactly because the law aims for healthy markets that corporate insiders may reveal inside information when they do not personally benefit from doing so.

City's New Credit Check Law Is Unnecessary

By Katharine Parker, Daniel Saperstein and Kelly Anne Targett |

Katharine Parker, Daniel Saperstein and Kelly Anne Targett write: The New York City Council has glossed over existing laws regulating credit checks, overlooked court decisions, and plainly disregarded the serious concerns raised by business groups in opposition to a measure prohibiting most private employers from inquiring into or otherwise considering credit history in hiring and other employment decisions.

President Lyndon B. Johnson meets with Martin Luther King, Jr. at the signing of the Voting Rights Act of 1965

The Voting Rights Act 50 Years Later

By Jerry Vattamala |

Many people died in the struggle to secure voting rights for all people in this country. 'Shelby County' has eviscerated the heart of the historic Voting Rights Act of 1965. On today's anniversary, Congress must act to enact a coverage formula and restore Section 5 of the Voting Rights Act.

Bernie Madoff

Madoff Math

By Douglas Burns |

On June 29, 2009, Bernard Madoff, who will go down as one of the most notorious Wall Street villains in history, was sentenced. He was 71 years old. U.S. Judge Denny Chin imposed a 150 year sentence. This article will address two points: 1) was that the maximum sentence? and 2) why would a federal court impose a sentence of 150 years upon a 71 year-old defendant?

It Is Time to Revisit Cameras in the Court

By Barry Salman |

The time is ripe to revisit the issue of cameras in the court in New York. The inner working of our justice system is a subject the public should have more access to and the advancement of technology and increased access to media mediums has given the public the means to be better informed.

Jury Selection in Federal Court–Time for a Change

By Henry G. Miller |

The jury looks at the speaker, quizzically. Who is he? His voice is strange. How is he dressed? What's he talking about?

 jail cells

Who Will Make Bail for Taxpayers?

By Rory Lancman and Molly Cohen |

Our city deserves a bail system that not only ensures that defendants return for court appearances, but that does not punish people for their poverty, is not racially discriminatory, does not distort case outcomes and runs efficiently.

The Dynamics of the Plea Bargain

By Paul Shechtman |

In a speech delivered to the Research Coordination Network on Understanding Guilty Pleas, Paul Shechtman said: We have armed prosecutors with tools that ensure that only the brave or fool-hardy go to trial. The "trial penalty" in this country has grown. No criminal law practitioner would tell you differently. All of this matters because trials (a good number of trials) are essential to the health of our criminal justice system.

The Fallibility of Judging

By Clarence Thomas |

In his speech accepting the Learned Hand Award from the Federal Bar Council, U.S. Supreme Court Justice Clarence Thomas said: Knowing that I could be wrong certainly promotes an earned sense of modesty. It insists that, with each passing year, I learn more and think more deeply about the unquestioned assumptions, the litany of citations, methodologies and theories.

New York City high school students were recognized Monday for their achievements in the annual legal essay writing contest sponsored by the New York City Bar Association and the New York Law Journal. An essay about the Magna Carta from Benjamin Pulatove, third from left, a sophomore from Townsend Harris High School in Queens, is published here. From left, Brooklyn Supreme Court Justice Robert Miller, Chief Judge Jonathan Lippman, and Law Journal Managing Editor Rebecca Baker.

The Impact of the Magna Carta

By Benjamin Pulatov |

Benjamin Pulatove, a sophomore from Townsend Harris High School in Queens, was honored Monday in the annual legal essay writing contest sponsored by the New York City Bar Association and the New York Law Journal.

Effects of 'Williams-Yulee' on Judicial Campaigns

By Robert Tembeckjian |

Robert Tembeckjian writes that in declaring that narrowly tailored restrictions on judicial campaign activity further the state's "compelling interest" in protecting the integrity of the judiciary last week, the U.S. Supreme Court did what the New York State Court of Appeals had done 12 years ago, in much the same language.

Robert M. Morgenthau

Remembering the Work of Alberto Nisman

By Robert M. Morgenthau |

In an excerpt from remarks upon his receipt of the inaugural Alberto Nisman for Courage Award from the Foundation for Defense of Democracies, Robert M. Morgenthau says: Nisman recognized Iran for the threat it is. And I certainly saw it the same way. I learned long ago to recognize the face of the enemy and its skill, and never to turn your back on it.

Justice David Saxe

Tips for New Judges

By David B. Saxe |

David B. Saxe offers advice for those in the infancy of their judicial careers.

Protection for Immigrant Youth

By Judy Harris Kluger and Amelia T.R. Starr |

Judy Harris Kluger and Amelia T.R. Starr write: Special Immigrant Juvenile Status is a valid and long-standing immigration remedy created to protect the most vulnerable members of society—undocumented, abused, abandoned and neglected immigrant children—and is uniquely dependent on state courts' expertise in child welfare matters.

Economic Analysis of Financial Regulation

By Lawrence Hsieh |

Lawrence Hsieh writes: Politicians like to focus on numbers, as well as on the administrative cost of compliance, when they talk about overregulation. But of equal importance is the hidden cost of regulation, which manifests itself in the form of unintended consequences arising from misdirected incentives, and wholesale "de-risking" by regulated institutions to avoid the cost of compliance, which drives business to unregulated entities.

Hillary Clinton

Public Is Entitled to Openness From Government Officials

By Jim Walden |

Whether secrecy was her intent, and whether her conduct was illegal, Hillary Clinton's actions contradict the principles of open government and transparency espoused by President Barack Obama, the Department of Justice under Attorney General Eric Holder and Clinton herself.

Albany Alone Now Decides Where Sex Offenders Live

By Kevin Kearon |

Kevin Kearon writes: The Court of Appeals stunning decision last month in 'People v. Diack' has significantly changed the landscape of the quintessentially incendiary Not In My Backyard issue.

Searching for Character in the Practice of Law

By Frank Taddeo Jr. |

Frank Taddeo Jr writes that the law—amoral, pragmatic, utilitarian law—is now the only shared means of discourse in ethical matters. The problem, so far as guidance is concerned, is that law and morals are distinctly different domains.

Special Immigrant Juvenile Status

By Richard M. Berman |

Southern District Judge Richard M. Berman writes: One relatively simple step attorneys can take to assist Family Court judges who are faced with significant growth in the number of Special Immigrant Juvenile Status applications is to submit to the court their own affidavit in support of the SIJS petition.

Prosecution by Email

By Thomas M. O'Brien |

Thomas M. O'Brien writes: A bedrock requirement of a criminal case in New York has always been that the accuser must swear that his or her accusations are true. Section 100.30 of the Criminal Procedure Law lays out the exclusive methods of verification; all include signing and swearing. Nevertheless, a recent decision by a Queens Criminal Court judge would substitute a new procedure: verification by email.

RMS Lusitania

The Lusitania and the Law

By Timothy G. Nelson |

Timothy G. Nelson writes: While the role of "moral damages," particularly in business cases, is still debated, the influence of 'Lusitania' is undeniable. As in so many other facets of legal life, a case that initially prompted controversy in one area (laws of naval warfare) has spawned jurisprudence in an entirely different sphere.

A still from the video for the Uncle Murda and Maino song

Bronx Defenders Has No 'Bad Apples'

By Jonathan Oberman |

Jonathan Oberman writes: The two lawyers from the Bronx Defenders who appear in the unspeaking cameos in "Hands Up" may have made an ill-considered decision to involve their office in a video that, in the current environment, placed its good works at risk. But they are decent, caring, thoughtful people—hardworking lawyers motivated by concerns for social and racial justice and committed to achieving a world where access to due process does not depend on the color of one's skin or the color of one's uniform.

New York Needs More Robust Anti-SLAPP Legislation

By Eric Turkewitz |

Eric Turkewitz writes: I've now been sued twice for defamation over postings I've made on my law blog. Despite both cases being utterly without merit, and both cases aggressively acting to discourage free and robust newsgathering and discussion, both plaintiffs were able to walk away while I was forced to spend enormous time on my defense including preparing documents, hiring counsel and wrestling with my insurer.

Justice David Saxe

Fast-Tracking Family Law Appeals in First Department

By David B. Saxe |

First Department Justice David B. Saxe writes: The standard procedure for perfecting and submitting appeals entails many long months of delay between the potentially life-altering decision of the trial court, and our review of that decision. By the time we issue our decision, often things have changed dramatically for the child.

Abraham Lincoln

Wise Words for the Present

By Joseph W. Bellacosa |

Young Abraham Lincoln provides guidance about the modern tendency to override the orderly processes of law. His perspective is highlighted in an excellent book by Lincoln scholar Harold Holzer: "Lincoln and the Power of the Press: The War for Public Opinion."

Choosing the Right Firm Size

By Harvey Kleinman |

Harvey Kleinman writes: For some people the big will always be good, and for others the small will be the good. I often feel that the mid-size firm provides, or can provide, the best of both worlds. The key is to find the firm that is compatible with the practice, the partners' lifestyles and allows, encourages and supports the partners to maintain their own identity and style of practice.

Roger Bennet Adler, left, and Staten Island D.A. Daniel Donovan Jr.

Let Campaign Finance Board Do Its Job

By Frederick A.O. Schwarz Jr. |

Frederick A.O. Schwarz Jr. writes: I have long felt that special prosecutors, while justified in exceptional cases, often lead to public policy error. All prosecutors are invested with enormous power, and in theory, all prosecutors face some kind of check on their power, either through election or appointment. But special prosecutors face no such check.

Fixing the Law and Practice of Parole

By David Lenefsky |

David Lenefsky writes: In essence, when a board denies parole to inmates with good records, it acts as an appellate sentencing court, a role neither intended nor appropriate.

Confidentiality Agreements: Immoral?

By Henry Miller |

Henry G. Miller writes: I do believe that we, as members of the bar, have a special responsibility to address and, as far as we can, change the attitudes that put the protection of wrongdoers before the safety of the public. If we the members of the bar unite to propose that concealment of a public danger in a confidentiality agreement is an unethical act, we might very well stop tragedies such as those caused by General Motors' faulty ignition switches.

Law Firm Thefts

By Harvey Kleinman |

Harvey Kleinman writes: Theft of funds is perhaps more easily accomplished at law firms, and there are a variety of techniques for so doing; and steps for avoiding or minimizing them.

The Appellate Division, First Department, at 27 Madison Ave.

New Tool for First Department Disciplinary Committee

By Jorge Dopico |

As of Jan. 18, 2013, thanks to the addition of a rule by the Appellate Division, First Department, the Departmental Disciplinary Committee wields an additional tool for ensuring ethical practice in the First Department: Dismissal with Guidance.

The Appellate Division, First Department, at 27 Madison Ave.

Ten Ways to Improve the First Department

By David B. Saxe |

Justice David B. Saxe writes: While the Appellate Division, First Department, has generally operated well over the years, certain adjustments may not only save time, money and effort, but also improve the quality and efficiency of our work.

'Robinson Crusoe' the Second Time Around

By Daniel J. Kornstein |

Daniel J. Kornstein writes: As we age, we see things differently. Living adds nuance and texture to our perception and our understanding. This truth applies to books we read in our youth. Have you ever reread a book, especially a book that you liked a lot or made a great impact on you when you were in school? Rereading is an enlightening experience.

ABA Goals: Making a Difference in People's Lives

By James R. Silkenat |

James R. Silkenat writes: When I became ABA president in San Francisco, I highlighted several areas where I thought the ABA could make a difference. One was access to justice. Too many people struggle to resolve urgent legal issues without a lawyer to provide qualified advice. At the same time, too many excellent young lawyers are finding it difficult to gain practical experience and employment.

Judge Smith

Judge Robert Smith's Fresh Look at Hearsay

By Nathaniel Marmur |

Nathaniel Marmur writes: When Associate Judge Robert S. Smith of the New York Court of Appeals retires at the end of 2014, the court will lose a truly independent voice. This article explores how Smith sought to re-imagine New York's sometimes arcane approach to hearsay.

Another house falling to the foreclosure market

Panel Shifts Toward Remedy in 'Sarmiento'

By Daniel Wise |

Daniel Wise writes: Five years after New York enacted legislation requiring "good faith" negotiations to help homeowners facing foreclosure, there is mounting evidence that lenders have hobbled the effort through intransigence and incompetence. A recent case presented an appellate court with an opportunity to rule on a remedy toward which many trial judges have been gravitating.

Government Surveillance Undermines Attorney-Client Privilege

By Faiza Patel and Anthony Ford |

Faiza Patel and Anthony Ford write: The integrity of our adversarial legal system requires that defendants be able to consult with their lawyers in private, and experience shows that it is possible to devise ways of protecting these communications without jeopardizing legitimate government interests.

The entrance to the Rikers Island Correctional Department facility

A System in Crisis

By Steven Zeidman |

For the past 20 years, New Yorkers have heard only one note about criminal justice, the city is safer than ever. Nothing was said and no questions were raised about who was arrested, for what, or what happened to them after arrest. Recent revelations, however, sound cause for alarm.

Judicial Internships and Pro Bono Rule 520.16

By Richard Lee Price and David J. Kirschner |

Richard Lee Price and David J. Kirschner write: In addition to alleviating an overextended court system, judicial interns acquire an outstanding skill set and gain insight into the judiciary. And now, their service also satisfies New York's 50-hour pro bono service requirement for candidates seeking bar admission.

Regulation and the Sharing Economy

By Roberta A. Kaplan |

Roberta A. Kaplan writes: Because the threat of enforcement actions can have a chilling effect on start-ups and their users, state and local government officials in New York and elsewhere should encourage the growth of the sharing economy, as other governments already have.

A Female Lawyer Superhero

By Daniel J. Kornstein |

Women lawyers might have a new role model. A revived Marvel comic book series heralds the re-appearance of this legal superstar.

Justice David Saxe

Inside Baseball: First Department's Rule §600.1 (c)

By David B. Saxe |

David B. Saxe writes that a somewhat murky and obtuse rule of practice in the First Department provides that: "When a cause is argued or submitted to the court with four justices present, it shall, whenever necessary, be deemed submitted also to any other duly qualified justice of the court, unless objection is noted at the time of argument or submission." What is required of the court when an attorney notes an objection as contemplated by this rule?

International Arbitration: A Page of History

By Judith Kaye |

Judith Kaye, after a recent visit to Mohonk Mountain House, writes: What a pleasure it was to discover that so many of our current significant dispute resolution initiatives trace their origins to Mohonk—the American Society of International Law and the Hague Conference movement, to name just two.

No-Fault Objectives Are Far From Being Met

By Robyn Brilliant |

To practice in the New York "no-fault world," you must have the following attributes: patience, determination, perseverance, a sense of humor and thick skin. In this area of the law, common sense is neither necessary nor even recommended. There is a plethora of pressing and practical issues that need to be addressed in order to prevent the no-fault world from imploding.

Rubaya Yeahia, center, winner of the annual high school essay contest sponsored by the Association of Supreme Court Justices, displays her award at a ceremony honoring 10 finalists at the New York City Bar Association on Monday. Joining the event were, left to right, Administrative Judge Sherry Klein Heitler; Chief Judge Jonathan Lippman, who announced the awards; Yeahia, a senior at Stuyvesant High School; Appellate Division, Second Department, Justice Robert Miller,  who runs the awards program, and Kris Fischer, editor-in-chief of the New York Law Journal.

Exercising the Right to Vote

By Rubaya Yeahia |

Rubaya Yeahia, a Stuyvesant High School senior who won an annual essay contest sponsored by the Association of Supreme Court Justices, writes: As nations around the world struggle for democratic rights against oppressive governments, citizens of the United States seem to grow increasingly skeptical of their roles in a democratic society.

The Spirit of Liberty: A Perpetual Anniversary

By Judith S. Kaye |

Judith S. Kaye, counsel to Skadden Arps and the former Chief Judge of New York, writes: There are so many 2014 anniversaries—for starters, the 60th anniversary of Brown v. Board of Education and the 50th of the Civil Rights Act, reaffirming that it remains for us, each in our own way, to persist in reinvigorating the message that the spirit of liberty, genuine equal opportunity for all, lies in our hearts and in our hands.

A 225th Anniversary

By Otto G. Obermaier |

Otto G. Obermaier, former U.S. Attorney for the Southern District of New York, writes: On Sept. 26 there will have been a U.S. Attorney for the district currently designated as the Southern District of New York for 225 years. For it was on Sept. 25, 1789 that President George Washington sent to the Senate the nominations of a judge, a marshal and an attorney for what was then referred to as the districts of New York and New Jersey.

Moral Code for Legal Ethics

By Frank Taddeo Jr. |

Social commentators of all stripes generally agree: there is no God in the public square, nor is there every likely to be any time soon. The only limit is law itself—statutes, cases and court decisions, now the predominant arbiter of "right" and "wrong" and only shared system of general ethics in the square, which consigns conventional moral values to an ever-swelling bin of relative choice.

Rescuing the Fifth Amendment

By Lorca Morello |

The New York Court of Appeals has issued a landmark decision on coercive interrogation tactics in People v. Adrian Thomas. It overturns what is most likely a wrongful conviction based entirely on the coerced confession of a young father accused of murdering his 4-month-old son.

'Domino's' Challenges Joint Employer Liability for Franchisors

By Richard Blum and Hollis Pfitsch |

Richard Blum and Hollis Pfitsch of The Legal Aid Society write: After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The case involves a rare situation: while the original lawsuit was against a franchise and individual franchise owners, the international corporation was successfully added to the lawsuit in a motion to amend seeking liability of Domino's as a joint employer.

Lawyers Fight War on Poverty

By Raun J. Rasmussen |

Raun J. Rasmussen, executive director of Legal Services NYC, writes: Fifty years after Attorney General Robert Kennedy challenged the legal community in the War on Poverty, one thing is unassailable: civil legal services have become an essential part of the fight for equal justice and against poverty.

Justice David Saxe

Would You Really Like It Here?

By David B. Saxe |

Justice David B. Saxe of the Appellate Division, First Department, writes: It is natural for trial court judges to aspire to the appellate court, which is a promotion, with greater pay, prestige, freedom and autonomy. But satisfying your ambitions can bring you to a position where the work fails to give you the same satisfaction as your former position did.

Big Data and Privacy: Finding the Balance

By Shira Scheindlin |

Southern District Judge Shira Scheindlin, accepting the Fuld Award from the NYSBA's Commercial and Federal Litigation section on Jan. 29, spoke on how much the world has changed since Judge Stanley Fuld sat on the New York Court of Appeals, and the biggest intervening change, the advent of the era of digital technology.

Improve Judicial System and Save Money? Slam Dunk Two-Fer

By Richard B. Meyer |

Acting Supreme Court Justice Richard B. Meyer writes: Consolidating the nine trial level courts that comprise the most confusing and, in some respects, outdated, judicial system in our nation into a two-tier trial court structure has been analyzed, studied and on the table for years. It is ready to go. So why has it not been implemented and why is no one talking about it now, at a time when our state government faces daunting long-term fiscal problems?

A Lawyer Superhero?

By Daniel J. Kornstein |

Daniel Kornstein, a partner at Kornstein Veisz Wexler & Pollard, writes: Is it possible for a lawyer also to be a superhero? There is one superhero whose secret identity is, of all things, an attorney. Daredevil is his name, and trial law is his game.

Board of Parole Needs Correction

By David Lenefsky |

David Lenefsky, an attorney in New York, writes: There seems however to be a recent change in both board willingness to grant parole and the willingness of the courts to scrutinize board decisions and order a new parole hearing.

What Makes a Good Appellate Judge?

By Daivd B. Saxe |

Daivd B. Saxe, an associate justice of the Appellate Division, First Department, reflects upon important qualities that a good appellate judge should possess.

Sibling Preference vs. Meritocracy

By Daniel J. Kornstein |

Daniel J. Kornstein is a partner in Kornstein Veisz Wexler & Pollard. "It is terribly unfair to the child who should be in a G&T program but is excluded because of it," he argues, "because another child, who had scored lower on the qualifying test, was accepted due to the other child having a sibling already in that program."

Who Responds When Tabloids Attack the Judges?

By Joel Cohen |

Joel Cohen is an attorney at Stroock & Stroock & Lavan and a Law Journal columnist. He writes: "Could there not be an ombudsman, or perhaps a standing committee of judges in place in the courthouse, to respond on behalf of a judge who is largely defenseless in the face of sometimes irresponsible attacks…?"

An International Arbitration Perspective on Judging

By Judith S. Kaye |

Avoiding Coerced and False Confessions in the First Place

By Lorca Morello |

Lorca Morello, a staff attorney in The Legal Aid Society's Criminal Appeals Bureau, recommends the English and Welsh PEACE, rather than the Inbau & Reid-type method of conducting police interrogations of suspects.

Full Faith and Credit to Same-Sex Marriages After 'Windsor'

By Robert P. Knapp III and Leah Heifetz |

Robert P. Knapp III, a partner at Mulholland & Knapp, and Leah Heifetz, an associate at Kessler Topaz Meltzer & Check, write: While 'Windsor' fell short of establishing a constitutional right to same-sex marriage, no law that discriminates against sister-state same-sex marriages can withstand 'Windsor's' equal-protection scrutiny. Section 2 of DOMA will therefore fall with section 3, and New York same-sex marriages will be entitled to Full Faith and Credit nationwide.

Past the Bar: Lean Times

By Vess Mitev |

Although "lean" has a less favorable connotation in the academic world than in practice, a new report indicating that law schools across the country but especially in New York are in "belt-tightening mode" is actually good news for the profession.

Judicial Participation in CLE Programs

By David B. Saxe and Judith J. Gische |

David B. Saxe and Judith J. Gische, associate justices of the Appellate Division, First Department, write "It is useful for lawyers to know whether and to what extent oral argument plays a role in a particular judge’s decision-making process. This information can emerge from the sort of judicial participation in CLE that we are encouraging."

Encouraging Political Participation by Young Lawyers

By Chester J. Straub |

Judge Chester J. Straub writes to encourage opportunities, and support for, young lawyers to seek meaningful civic and political involvement.

Judicial Retirement Age: It's Time to Amend the Constitution

By Rolando T. Acosta |

Rolando T. Acosta, an associate justice on the Appellate Division, First Department, discusses the benefits Proposition 6, the amendment to the State Constitution on judicial retirement ages, would have on the bench and bar, and the people they serve, of New York state.

To Continue to Toil

By William J. Dean |

William J. Dean, a lawyer and former executive director of Volunteers of Legal Service, writes: On reading the manuscript of my collection of essays, many of them having first appeared in the New York Law Journal, a literary agent writes me, "I was fascinated. Manuscript reads well. I think they add up to a book."

Send More Lawyers to Congress

By Eric Lane |

What a Standards and Goals Rule for Appellate Court Would Look Like

By David B. Saxe |

David B. Saxe, an associate justice at the Appellate Division, First Department, proposes a rule for the preparation of that court's written work to ensure the timely disposition of appeals and disciplinary matters.

Criminal Court After Stop and Frisk

By Steven Zeidman |

Steven Zeidman, a professor at the City University of New York Law School, writes: Somehow missing in the stop-and-frisk conflagration is the one institutional entity that is specifically charged with monitoring the police and addressing the constitutionality of police behavior on a daily basis - the New York City Criminal Court.

Past the Bar: Unintended Consequences

By Vess Mitev |

New York's new rule requiring 50 hours of pro bono service prior to admission to the bar threatens to displace small firm and solo practitioners out of even more areas previously handled by lawyers, albeit for smaller fees.

Protecting the Right to Location Privacy

By Mariko Hirose |

Sequestering Justice Is Unjust

By Robert J. Anello |

Robert Anello, a partner at Morvillo, Abramowitz, Grand, Iason & Anello and president of the Federal Bar Council, writes: The shadow the sequester has already cast on the nation's federal courts and the criminal and civil justice systems are of grave concern to those familiar with the important function courts play in administering this nation's laws. As the sequester persists, the pernicious effects will only worsen.

'Myriad' Aftermath: What Remains Patent Eligible?

By Dorothy R. Auth |

Cadwalader, Wickersham & Taft partner Dorothy R. Auth writes: The Supreme Court's recent holding sent shock waves throughout the biotech IP community not only because the court invalidated a class of commonly issued patent claims, but also because it established a bright-line distinction between naturally and non-naturally occurring compounds. However, a calmer reading of 'Myriad' reveals that its reach may be more limited than first reported.

Thoughts on Standards and Goals for the First Department

By David B. Saxe |

David B. Saxe, an associate justice at the Appellate Division, First Department, writes: There have been times when the First Department has had serious problems with excessive delays in the issuance of decisions, caused by justices who failed, for months, to complete their assigned writing of an opinion or dissent. It may be a good time for the court to take affirmative steps to prevent the problem from recurring.

To Teach and to Learn

By William J. Dean |

Billions in Fines: Just the Tip of the Iceberg

By Ronald Zdrojeski and David McCullough |

Unintended Effect of City's Unemployment Discrimination Law

By Katharine H. Parker and Daniel L. Saperstein |

Katharine H. Parker and Daniel L. Saperstein of Proskauer Rose write: On its face, New York's new law is a well-intentioned effort to address the problem of long-term unemployment. But given that any business, even in times of plenty, turns away far more applicants than it can hire, the prospect of frequent and frivolous litigation from this ill-conceived and overbroad law looms large.

Appellate Reassignments on Remand

By David B. Saxe |

AIG Offers Lessons for MBS Fraud Plaintiffs

By Andrew E. Tomback and Megan Quattlebaum |

Trial Lawyers: Reality and the Constitution

By Barrington D. Parker Jr. |

In a speech given after receiving the Federal Bar Council's Learned Hand Award on Law Day, Second Circuit Judge Barrington D. Parker Jr. said: In thinking about cases such as 'Loving v. Virginia' and 'Hurd v. Hodges,' I asked myself what would this country look like if any of them had been lost. Who knows? The point is, they were not lost. Trial lawyers saw to that and, as a consequence, the nation before our very eyes became more decent and more just.

Accountability in Elevated Construction Accidents

By Jason L. Beckerman and Ryan T. Kearney |

Prisoners of Discovery

By Thomas M. O'Brien |

Can Constitutional Rights Be Sequestered?

By Douglas G. Morris |

Seize the Day

By Sondra Miller |

In a January speech delivered on receipt of the Kay C. Murray Award, former Appellate Division, Second Department Justice Sondra Miller said: If I have been in any way a trailblazer my role has been fortuitous, I have been consistently in the right place at the right time.

City's Misguided Law on Unemployment Discrimination

By Keith Gutstein and Ellen Storch |

Keith Gutstein and Ellen Storch, partners at Kaufman Dolowich Voluck & Gonzo, write: The new law is well-intentioned to help those who have long suffered in this economy. However, its effects, as likely as they are unintended, will be to deter employers from hiring those very people who are most in need of work.

Appellate Review of Commercial Cases

By David B. Saxe |

David B. Saxe, an associate justice of the Appellate Division, First Department, writes: I suggested that at the First Department we should ask ourselves whether adopting changes to our treatment of complex commercial cases could legitimately improve the overall value and effectiveness of our court system in the eyes of the business community. The question is not whether we are currently handling our complex commercial cases adequately. It is whether we could implement a system under which they would be handled optimally.

Politicizing the Judicial Selection Process

By Richard J. Schager Jr. |

Richard J. Schager Jr., a partner at Stamell & Schager, writes: The concept that a nominee to the Court of Appeals should be a "representative" of an ethnic or social group, however antithetical to the New York Constitution and the Judiciary Law, is the direct result of the politicization of the judicial selection process by the rules of the Commission on Judicial Nomination.

Eliminate Legislative Waiting Period

By Gerald Benjamin |

Random Thoughts on Appellate Advocacy

By David B. Saxe |

David B. Saxe, an associate justice on the Appellate Division, First Department, shares personal insights learned from his 15 years on that bench on how to field unfriendly questions, handle precedent that is against your position, begin your argument, and more.

Improve Education but Do Not Create Specialty Appellate Courts

By Leonard B. Austin |

Leonard B. Austin, an associate justice of the Appellate Division, Second Department, writes: I read with interest the article by Justice David Saxe of the First Department. Were it a decision, I would respectfully concur in part and dissent in part. Where we agree is that there is a need to improve the understanding of complex commercial issues which confront us, but the creation of a specialized panel would beget entreaties for appellate panels focusing on medical malpractice, negligence and criminal issues, etc. No, thank you!

Realizing the Dream: Equality for All

By Shean Hinds |

International Arbitration: A Page From My 'After-Life'

By Judith S. Kaye |

Judith S. Kaye, counsel to Skadden, Arps, Slate, Meagher & Flom and the former chief judge of the State of New York, writes: What a pleasure, and point of pride, it has been to encounter the choice of New York law in far-flung transactions, a recognition of the soundness and stability of New York case law.

Heroic Judges of Iraq

By Jed S. Rakoff |

Southern District Judge Jed S. Rakoff, in accepting the Stanley J. Fuld Award from the Commercial and Federal Litigation Section of the New York State Bar on Jan. 23, spoke of a recent trip to Baghdad to help train 15 Iraqi judges on the role of the judiciary in adjudicating international credit disputes, and the heroism shown by the judges who continue to do good work despite violence.