Letters to the Editor

'Daimler' Doomsday Is Doubtful

By Robert P. Knapp III |

Contrary to a recent article's cries of constitutional catastrophe, a pending New York bill would simply recodify long-standing New York law as to consent to jurisdiction by a foreign corporation registering to do business in New York—an issue not addressed in Daimler.

Consider the Price Of 'Eternal Vigilance'

By Arthur Engoron |

In a speech about deceased Argentine federal prosecutor Alberto Nisman (NYLJ, May 1), former New York County District Attorney Robert Morgenthau is quoted as follows: "There is an old saying that eternal vigilance is the price of liberty and history has certainly shown that, whether it's 9/11 or Pearl Harbor."

Mandatory Pro Bono Is Not the Answer for All Firms

By Steven H. Schulman and Fiona A. Brett |

Great pro bono practices are created not by mandates, but by attention to community needs and attorneys' interests.

Making Law Students Better Prepared for the Marketplace

By David Yassky |

It has become trendy to proclaim the demise of law schools and predict a bleak forecast for aspiring lawyers. These dire predictions are exaggerated and obscure the real but solvable challenges facing legal educators.

One of four surviving copies of the 1215 version of the Magna Carta at an exhibit at Fraunces Tavern Museum in lower Manhattan in 2009.

Magna Carta and the Jews

By Steven Z. Mostofsky |

I enjoyed the section on the Magna Carta's Anniversary, but I think history diminished its importance. It granted rights mostly to the nobility and expressly discriminated against the Jews.

Utica City Court Judge Gerald Popeo speaks to a defendant  in 2011.

Judicial Conduct Commission Fell Short

By Antonio Brandveen |

Now, more than ever, it is imperative that all judges abide by the law, uphold the integrity and dignity of the judiciary, demonstrate patience and courtesy to all who appear before them and protect and respect the rights of all parties. Judge Popeo repeatedly fell short of these responsibilities.

A gavel in front of clock

Denial of Lawyer's Trial Preference Should Be Revisited

By Richard E. Brook |

Putting aside my friendship with Sidney Segall, and my understanding of his pancreatic cancer and lymphoma prognosis, it seems on an objective level, that the humanity of the law was lost in Justice Aaron's decision denying his client a trial preference.

Rethink, Rescale Legal Education

We do prospective students a huge disservice with the lie that a JD is just a handy thing to have around, like a hammer or a roll of duct tape.

Raise Rates for 18B Attorneys, Experts

In this author's experience, there is an increasing reluctance amongst able counsel to accept court assignments offering such paltry rates. I have personally had experts laugh when I begged them to accept a court assignment to a complex family court case—upon making the "mistake" of mentioning what their hourly rate would be.

A gavel in front of clock

Justice Delayed: An Argument for Time Limits at Trial

By Andrew S. Kaufman |

There is no question that wide latitude should be accorded counsel and the court in terms of presentation of a case, but at some point does the excessive use of time becomes an abuse?

Environment Has Turned Against Legal Malpractice Plaintiffs

By Gregory Antollino |

Over the years, I've been offered many legal malpractice cases, prosecuted about 15, and won or settled all but three. But I agree that the deck is stacked against the plaintiff, compared to other causes of action.

Arab Bank headquarters in Amman, Jordan

Attacks on Character Do Not Alter Facts of the Case

In a recent letter to the Law Journal, the defense lawyers in 'Linde v. Arab Bank' attacked my personal character for not disclosing in my earlier letter that I had worked as an expert consultant for plaintiffs. Such a response is predictable. When the facts are stacked against you and the law is not on your side, you resort to ad hominem attacks against persons associated with the opposing party.

Herald Price Fahringer in 1998

In Memory of Herald Price Fahringer

By Christopher X. Maher |

The defense of individual liberties lost its greatest champion with the passing of Herald Price Fahringer at the age of 87 on Feb. 12 (Lincoln's Birthday!).

Herald Price Fahringer in 1998

Remembering Herald Price Fahringer

By Richard S. Weisbroat |

In bidding farewell to Herald Price Fahringer, there is yet another side to him that deserves mention: his gracious acknowledgment and gratitude to those who taught and helped him hone his skills and those in public service who came to his rescue by guiding him through the maze of procedural technicalities of appellate court practice.

Arab Bank headquarters in Amman, Jordan

Correcting the Record on Arab Bank Case

By Kevin Walsh and Douglas W. Mateyaschuk II |

We represent Arab Bank in Linde v. Arab Bank, and write to provide a more complete review of the case against the bank and its implications for Law Journal readers.

Judge's E-Signature Ruling Is Consistent With the Law

Contrary to Thomas M. O'Brian's recent essay, Judge Debra Stevens Modica's recent decision to allow a supporting deposition in a domestic violence case to be signed by an electronic signature created no change in the law, much less a "sweeping" one, as she was simply applying a law that has been in effect for more than 12 years.

Arab Bank headquarters in Amman, Jordan

Plaintiffs Carry Heavy Burden in Terror Suits Against Banks

By Jimmy Gurulé |

While recent jury verdicts are important victories for the victims of international terrorism, it is unclear what impact, if any, these cases will have on pending cases against banks filed under the Anti-Terrorism Act.

U.S. Must Affirm Leadership Role on Human Rights

By Melissa Hooper, Ignacio Mujica and Megan Corrarino |

To reestablish its credibility on the international stage following things like the CIA's "torture report" and more than a decade of due process violations in Guantanamo, the United States must begin more seriously enforcing its own international legal obligations, which are constitutionally-binding law, in its own courts.

MFY employees and their supporters picketing in front of their offices at 299 Broadway.

MFY Urges Union to Accept 'Fair and Generous' Offer

By Jeanette Zelhof |

We at MFY are deeply disappointed that the United Auto Workers local union declared a strike on Jan. 30. Readers should know that we were in the process of negotiating a new contract and meeting regularly when the union walked away from the table on Jan. 15 and unilaterally declared the proposal on the table to be MFY's last offer.

It's Time to Act to Avoid Sequester in 2015

By Glenn Lau-Kee |

Sequestration, which resulted in the serious underfunding of the federal government in 2013, is, once again, a serious possibility in 2015.

MFY employees and their supporters picketing in front of their offices at 299 Broadway.

Prolonged Bargaining Hurts MFY Clients, Staff

A group of CUNY School of Law student organizations write: MFY Legal Services has a proud tradition of delivering high quality professional services to vulnerable communities. Its staff should be incentivized to stay as long-term employees, respected for their experience and skill.

A Missed Opportunity to Diversify the State Bench in New York

By George C. Chen |

George C. Chen writes: Asian Pacific Americans have been rising through the ranks of the legal profession in increasing numbers, but even as we achieve these new heights, we continue to need the support and commitment of elected officials and the electorate in order to ensure diversity and inclusion in the legal profession, particularly in the judiciary.

Dr. Martin Luther King Jr. during the 1963 March on Washington for Jobs and Freedom

Lawyers Will March on MLK's Birthday

By Joshua Norkin |

The tragic deaths of NYPD officers Wenjian Liu and Rafael Ramos should not stop a productive conversation about police tactics in New York City from continuing. What remains so heartbreaking about the deaths of Akai Gurley and Eric Garner is that these are not isolated incidents. As public defenders we know that these deaths were a by-product of the police misconduct that many of our clients deal with every day.

There Are Many Reasons to Review Convictions

By Andrea G. Hirsch |

Besides freeing those who are innocent, the great gift provided by DNA exonerations is that they have demonstrated that, often, individuals falsely confess, innocent people plead guilty, witnesses err, scientific evidence is faulty, defense lawyers are ineffective, and prosecutors commit misconduct, and thus that many convictions in addition to ones involving DNA are flawed.

Right to Counsel in Housing Court Is Right Thing to Do

By Emily Jane Goodman |

There is no justice where one side in decidedly adversarial proceedings has professional legal representation and the other side has none. The landlord-tenant relationship has always been problematic, and always will be because of the imbalance of power. Nowhere is that imbalance and inequality clearer than when the antagonists get to court.

The Court of Appeals in Albany

Confirmation Delay Is Disservice to New Yorkers

By Milton L. Williams Jr. |

Yesterday, Jan. 5, 2015, the New York Court of Appeals commenced its first term of the new year with only five judges and two vacancies. This did not have to happen, but it did because of the decision of the leadership of the state Senate to delay, until January, the confirmation of Justice Leslie E. Stein, who had been nominated by Gov. Andrew Cuomo on Oct. 17 to fill a vacancy.

We Shouldn't Allow Eighth Amendment to Be Undermined

Sol Wachtler, the former chief judge of New York and an adjunct professor at Touro Law School, discusses the Senate Committee's Report on the CIA's Use of Torture.

Critics of Ongoing Investigation Should Hold Their Fire

By Roger Adler |

I read with interest, "Let Campaign Finance Board Do Its Job," by Frederick A.O. Schwarz Jr., on Dec. 11, which is critical of my investigation into the 2009 City Council campaign of council member Debi Rose.

William Murray, 1st Earl of Mansfield, Lord Chief Justice of the King's Bench

Lord Mansfield's Continuing Influence on Law

By Norman Poser |

On Dec. 9th the U.S. Supreme Court cited a 229-year-old decision by the great Lord Mansfield to support its holding that evidence of any statement made or incident that occurred during jury deliberations is inadmissible.

The Consequences of Lack of Oversight in Parole Process

By Barbara Hanson Treen |

The current die-ins going on nationwide remind me that there are inmates "can't breathe" because of the lack of oversight of the parole board's practices.

Stop Babying Law Students

I have a short and sweet message to all those law school deans whose students are "traumatized" by recent grand jury decisions.

Justice Freedman

Freedman Defined a Good Judge

By William Ramos |

We, at the Appellate Division, First Department, are definitively going to miss Justice Helen Freeman's legal dexterity and most of all her humanity.

Eric Garner's arrest and subsequent death has led to calls for a federal investigation into police tactics.

Brown, Garner Cases Should Have Had Special Prosecutors

By Michael Shapiro |

In 1971 the blue-ribbon Knapp Commission recognized the inherent conflict of interest in a local district attorney investigating and prosecuting police-committed crimes. Perhaps it is time for the reestablishment of the special prosecutor's office.

Danger in Default Entries Used in EMR Software

Although electronic medical records offer laudible benefits, such as legibility and easy electronic transmission of records from one medical provider to another, they can also cause serious and potentially life threatening inaccuracies to be recorded due to the configuration of the software which provides for default entries.

Better Investor Decision-Making, Not Social Purpose

By Jean Rogers |

At the Sustainability Accounting Standards Board, we wholeheartedly agree that U.S. securities law exists to protect investors, and should not be used to advance political or social purposes. For this reason, we would like to clarify that SASB is not an activist organization.