Expert Columns

Essays

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.

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 |

Time to Adapt to a Different Marketplace?

By Stephen Gillers |

Stephen Gillers, who teaches legal ethics at New York University School of Law, analyzes a recent New York State Bar ethics opinion that may leave some New York lawyers working at local offices of multinational law firms in exile.

Remembering Tom Puccio

By Joel Cohen |

When investigating a case, Tom Puccio would ask witnesses amateurish questions in unabashed Brooklyn tones, suggesting he knew little about the facts. It was pure pretense, gamesmanship.

Benefits of 'Close to Home'

By Vincent N. Schiraldi and Ronald E. Richter |

Vincent N. Schiraldi, commissioner of the New York City Department of Probation, and Ronald E. Richter, commissioner of the New York City Administration for Children's Services, write: The initiative Governor Andrew M. Cuomo included in his 2012 budget proposal, which will authorize New York City to keep all but its most serious offending youth here in the city, will improve both public safety and outcomes for the city's young people who have run afoul of the law.

A Hole That Needs Mending

By Bruce Barket and Steven B. Epstein |

Bruce Barket and Steven B. Epstein, partners at Barket, Marion, Epstein & Kearon, write: Recent Court of Appeals rulings open the door for the defense to educate a jury on some of the flaws in eyewitness testimony. While important, these measures do not alter the landscape which permits the misidentifications in the first place.

Criminal Forfeiture Minus Due Process

By Thomas M. O'Brien |

Thomas M. O'Brien, an attorney with The Legal Aid Society, writes: The New York State Executive Budget bill contains a measure that would radically enlarge the reach of New York's forfeiture law and revamp its procedures. The measure was "inserted at the request of prosecutors," who feel the current system is "far too cumbersome." The "cumbersome" impediment to speedy forfeiture is otherwise known as "due process of law."

The Laws of Friendship

By Ethan J. Leib |

The public friendship dispute between Ron Perelman and Don Drapkin over $16 million dollars, in which a jury found for Drapkin after a trial in the Southern District of New York, reminds us that our legal system still is fundamentally ambivalent about whether friendship matters in the halls of our courtrooms.

Hitchens vs. Holmes

By Daniel J. Kornstein |

Daniel J. Kornstein, a founding partner at Kornstein Veisz Wexler & Pollard, writes: Most of us in the law revere Oliver Wendell Holmes, and with good reason. Christopher Hitchens, the journalist and author who died recently, disagreed.

Presumption of Innocence Eroded

By Robert C. Gottlieb and Valerie Gotlib |

Robert C. Gottlieb and Valerie Gotlib of the Law Offices of Robert C. Gottlieb write: The bedrock constitutional principle of an individual's presumption of innocence is undermined not by political extremists but by our own government.

Teaching in India

By William J. Dean |

William J. Dean, a lawyer and the former executive director of Volunteers of Legal Service, writes: "I approach my first teaching day at the Fabindia School in Rajasthan, India, with all the nervousness of an entering first grader. I rise at 6 a.m. and breakfast on the terrace of the farm where I am staying, and appreciate the splendid view of the Aravalli Mountains towering above the desert landscape. The rising sun appears from behind a peak. A symphony of birds welcomes the new day."

Justice Martin Evans: Contributions to the Law

By John R. Higgitt |

Much could be written about Justice Martin Evans' impressive education, inspiring military service or exceptional career as an attorney and judge. However, we focus here on one aspect of Justice Evans' remarkable judicial service: his officially published decisions.

The Legal Profession Today: How to Train Young Lawyers

By Michael A. Cardozo |

Michael A. Cardozo, the Corporation Counsel for the City of New York, received the Federal Bar Council's Emory Buckner Award on Nov. 23 at the Waldorf Astoria in New York City and addressed the group, pointing to some troubling developments, particularly the lack of opportunity for junior lawyers to gain hands-on litigation training and responsibility, and, perhaps as a consequence, the increased numbers of unsatisfied and unhappy lawyers.

Encourage Divorce Clients to Mediate

By David B. Saxe |

David B. Saxe, an associate justice at the Appellate Division, First Department, writes that if matrimonial lawyers focus on the larger picture, they might recognize they stand to gain more in the long run from the good will and recommendations of satisfied clients following successful mediation, than from the backlash of dissatisfaction in the wake of a typical unpleasant divorce.

Sidney H. Asch, a Renaissance Man

By David B. Saxe |

Post-Retirement Adventure Number 1

By william J. Dean |

Admission by Motion Rule Distorted by ABA's Interest in Monopoly

By Kenneth L. Gartner |

Kenneth L. Gartner, a member of Lynn, Gartner, Dunne & Covello, writes that 45 state supreme courts have made graduation from an ABA-accredited law school a prerequisite for admission to the bar, while only five states continue to act independently to some degree.

New City Effort Targets Incarceration

By Linda Gibbs and Vincent Schiraldi |

Linda Gibbs, New York City's deputy mayor for health and human services, and Vincent Schiraldi, the city's commissioner of probation, write: Recently, Mayor Michael R. Bloomberg announced the Young Men's Initiative, a three-year, $127 million citywide effort to help young black and Latino men further their education, get better jobs, become better fathers and leave the criminal justice system behind for good.

Judges Matter: How Courts Reduce Crime and Save Money

By Greg Berman and Michael Rempel |

Greg Berman and Michael Rempel, respectively, executive director and research director of the Center for Court Innovation, write: A new study shows that drug courts succeed in reducing crime and drug use. We now know drug courts work, but why do they work? What is the secret ingredient? It turns out that the most important factor is the judge. When participants believe that the judge treats them fairly, they do better.

Why the D.A. Had to Drop the DSK Case

By Mitra Hormozi |

Mitra Hormozi, who was most recently chair of the New York State Public Integrity Commission and has served as deputy chief of staff in the New York Attorney General's Office and as an assistant U.S. attorney in the Eastern District, writes: While some jurisdictions permit a prosecutor to go forward when he or she is not convinced of the guilt of a defendant (so long as there is probable cause to support the case), that has not been the standard relied on by New York City's state and federal prosecutors. Nor should it be.

The Case That Makes a Lawyer's Life Meaningful

By Peter L. Zimroth |

Peter L. Zimroth, a partner at Arnold & Porter who is part of a pro bono effort to challenge a newly enacted zoning law in Bridgewater, N.J., designed to block the development of a proposed mosque, spoke recently on the case and why he chose to undertake it, his faith in the ideals of American democracy and the gap between those ideals and the evident injustice that was being done.

'Turner' Could Support Appointed Counsel for Immigrants

By Mark Noferi |

Mark Noferi, an instructor of legal writing at Brooklyn Law School, writes that the U.S. Supreme Court's reasoning in a recent opinion may support appointed counsel for different indigents—the hundreds of thousands of immigrants detained yearly pending deportation proceedings, many from the New York area.

A High Court (Very) Open to Business

By Leslie Kelmachter |

Leslie Kelmachter, a partner at The Jacob D. Fuchsberg Law Firm and president of the New York State Trial Lawyers Association, writes: The implosion of the housing bubble and resulting Great Recession, BP's disaster in the Gulf, and Toyota's delinquent response to Camry brake failures, have all served as powerful reminders of the danger of relying on businesses to respect anything that lies beyond their own interests. Americans depend on the judicial system to protect individuals and society as a whole from the consequences of corporate greed, but decisions from the just-completed Supreme Court term suggest that reliance may be misplaced.

The Pentagon Papers Case at 40

By David Rudenstine |

David Rudenstine, the Sheldon E. Solow Professor of Law at Benjamin N. Cardozo School of Law, writes: In the Pentagon Papers frenetic litigation, U.S. District Judge Murray I. Gurfein soundly balanced a respect for the executive branch's responsibilities in national security cases with his responsibility to uphold the rule of law, striking a balance that remains highly relevant today.

Lives Transformed

By William J. Dean |

For the past quarter century, William J. Dean, who will step-down as executive director of Volunteers of Legal Service later this month, says he has had the good fortune to work on legal matters which he deems to be of the highest importance; to work with lawyers who strive to fulfill the Biblical injunction in Deuteronomy, "Justice, justice shall ye pursue all the days of your life." The work has been life-transforming: For the clients and for their pro bono lawyers. And for himself.