Essays

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, where a judge says the city should do more for the mentally ill.

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.

Improving Appellate Review of Commercial Division Litigation

By David B. Saxe |

David B. Saxe, an associate justice on the Appellate Division, First Department, writes to support the formation of a Commercial Division appellate bench, discussing how interested judges might undergo extra CLE - or CBE, "continuing business education," streamlining of the appeals process, and specialized benches for other categories of appeals.

Stopping the Guns

By Joseph D. Becker |

Joseph D. Becker, a partner at Becker, Glynn, Muffly, Chassin & Hosinski, writes: In my Utopia, the gun laws will be simple: no guns at all except (a) ordinary rifles for hunters of game and (b) usual weapons of the military, the police, and specially authorized persons. Period. What stands in the way of that as law in the United States? An array: the gun manufacturers, their trade associations, gun aficionados, reluctant congressmen, the Second Amendment, and, finally, the Supreme Court decision in District of Columbia v. Heller.

Sacrifice, Privilege and Public Service

By Loretta Lynch |

Loretta Lynch, U.S. Attorney for the Eastern District of New York, writes: There are those who say that public service requires great sacrifices, and it does. But when I compare the sacrifices of salary and time to those my family has made over the generations, all so that the next generation could have a better life, those pale by comparison.

A Powerful Tool for Rehabilitation

By Vincent Schiraldi |

Vincent Schiraldi, commissioner of the New York City Probation Department, writes: For too many people obtaining a Certificate of Relief from Disabilities can prove to be an insurmountable roadblock. This is tragically ironic given the fact that CORs were originally intended to ease the barriers preventing people from transcending their criminal histories.

C.3.3

By William J. Dean |

Mediation and Politics

By Mario M. Cuomo |

Recovery of Legal Fees

By Peter Siviglia |

What Is New York Doing About White-Collar Crime?

By Cyrus R. Vance Jr. |

Cyrus R. Vance Jr., New York County District Attorney and president of the District Attorneys Association of the State of New York, writes: While the federal government has reacted to business crimes with new policies, laws, and regulations designed to combat ever-changing scams that are limited only by human ingenuity, the near-silence from New York has been striking. Our state, the financial capital of the nation, has done little to adapt its laws to the modern problems white-collar crime presents.

The Time for Legal Educators to Be Bold

By Luke Bierman |

No Longer a 'Judicial Stepchild'

By Merrill Sobie |

The Impact of Sequestration on Legal Services

By Seymour James |

Family Court 50 Years Later

By Jonathan Lippman |

Solitary Confinement: New York's Hidden Problem

By Michael B. Mushlin |

Traveller

By William J. Dean |

August is a major vacation-travel month for many of us in the profession. Thoreau reverenced the title of traveller. "His profession is the best symbol of our life. Going from ______ to ______; it is the history of every one of us." But when it came to less abstract, more concrete journeys, he rarely stirred from Concord and its environs; indeed, he scorned foreign travel. "It is not worthwhile to go around the world to count the cats in Zanzibar."

View From Inside the Box

By Judith S. Kaye |

Expanding Criminal Discovery Responsibly

By Cyrus R. Vance Jr. |

Cyrus R. Vance Jr., the New York County District Attorney, writes: In many cases in Manhattan and all over our state, witnesses are frightened, asked to lie, or asked to tailor their accounts so as to minimize their impact on the defendant at trial, and that is only for those who come forward at all. These problems provide a crucial backdrop to the current debate over expanding criminal discovery.

Protect Public School Students

By Tom Ude and Hayley Gorenberg |

Tom Ude, a senior attorney at Lambda Legal, and Hayley Gorenberg, the organization's deputy legal director, write that no one should underestimate the significance of excluding public school students from the Human Rights Law, whose protections now safeguard only about 68,000 students statewide.

Overturning Obamacare Would Be a Constitutional Blunder

By Samuel Estreicher |

Samuel Estreicher, Dwight D. Opperman Professor of Law and co-director of the Opperman Institute of Judicial Administration at New York University, writes: Respect for Congress, which after all is the principal policymaking branch in our system, requires confronting the issues voiced by the skeptical Justices when they arise, rather than judging this law against hypothetical statutes that are highly unlikely ever to be considered seriously let alone become law.

Graduating Without a Job: 12 Easy Tips to Becoming Market Ready

By Courtney Fitzgibbons |

Courtney Fitzgibbons, Associate Director, Office of Career Services at New York Law School, writes that most job-seekers already know the value of bar associations and attending CLE programming, but you may not think to show off your Conviser, throw a post-bar party (or at least not the networking kind), and pick a theme song.

Finding Counsel for Noncitizens

By Robert A. Katzmann |

Judge Robert A. Katzmann. on the occasion of being honored with the Federal Bar Council's Learned Hand Award, told his audience: "This evening I speak to you about what we, together, bench and bar, can do to help meet an urgent, pressing need - the need for adequate representation for a vulnerable population of human beings - immigrants. Immigrants often come to this country in fear, fleeing from persecution, escaping from poverty, not knowing the language, not knowing to whom to turn for competent legal advice, all the while working to make a better life."

A Pro Bono Alternative

By Michael Barrett |

Michael Barrett, a former deputy commissioner for criminal justice programs at the New York State Division of Criminal Justice Services, writes: The leaders of the bar should work to eliminate barriers to performing pro bono services, not relegate the responsibility to the most ill-equipped among us. Otherwise, I fear that serving the indigent will come to be viewed as little else but a burdensome condition precedent for entering the profession; a condition that, once met, will thereafter be seen as the responsibility of the next class of prospective attorneys instead of responsibility that should continuously be shared by us all.

The Hughes Legacy and Obamacare

By Judith S. Kaye |

Independence of the Judiciary

By Christopher Llego |

'You Have to Be Kidding'

By Joseph D. Becker |

Who Will Step Up to Protect Policyholders?

By Neal Eiseman |

Timing of Expert Disclosure: A Moving Target

By Diane K. Kanca and Howard S. Jacobowitz |

Fulfilling the Court's Core Mission in the New Reality

By A. Gail Prudenti |