A Message from the Executive Co-Directors
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The Newsletter of the Institute of Judicial Administration at the NYU School of Law Issue Number 1 / Winter 2005 U A Message from the Executive Co-Directors We welcome you to the inaugural issue of our Newsletter. IJA is a com- munity over time of lead- ing judges, practitioners and academics engaged in maintaining an enhanc- ing our system of justice. We hope in this and com- ing issues to keep you in- formed of the activities of the Institute, and urge you to alert us to developments Mass. Chief Justice Marshall Exhorts Judges in your professional lives. Thank you very much for to Look Abroad in Annual Brennan Lecture your continued support. On February 9, 2004 an over- State Constitutions in the Age She pointed to U.S. Supreme Professors Oscar G. Chase flowing crowd packed into of Global Jurisprudence,” was Court Justice Anthony M. and Samuel Estreicher the NYU School of Law to an appeal to courts to look at Kennedy’s 2003 opinion in hear Chief Justice Margaret countries with American-in- Lawrence v. Texas as evidence H. Marshall of the Supreme spired constitutions and to of the growing use of foreign Judicial Court of Massachusetts consider the example of these precedent in American courts. speak on the increasing influ- foreign courts in dealing with Chief Justice Marshall present- In This Issue ence of global jurisprudence on uncharted waters in American ed three contexts in which she IJA Off ers Training to the state judiciary. More than jurisprudence. has incorporated global juris- New Appellate Judges 2 twice the number of seats origi- “The question today is not prudence into her decisions: nally anticipated were required whether state court judges personal autonomy, regulation Federal Judges Workshop to accommodate the judges, should consider the work of for- of hate speech, and physical de- on Employment Law 5 attorneys, professors, and eign constitutional courts when tention. She explained that oth- students who attended Chief we interpret our state’s consti- er democratic countries have IJA Community News 8 Justice Marshall’s Brennan tution. The question is whether had significant litigation in each IJA Board of Directors 9 Lecture on State Courts and we can afford not to,” said Chief of these areas, which may bear Social Justice. Justice Marshall, explaining, on cases involving issues alien IJA Members 9 The lecture, “‘Wise Parents “Our constitutional offspring to American courts. How to Contact IJA 10 Do Not Hesitate to Learn From have much to tell us. We would Chief Justice Marshall was ap- Their Children’: Interpreting be wise to listen.” pointed to the Supreme Judicial 2 Court of Massachusetts in 1996 This was the tenth annual and became Chief Justice in event in the Justice William IJA Off ers Training to 1999, a position that she will H. Brennan Lecture Series hold until 2014. Born and edu- on State Courts and Social New Appellate Judges cated in South Africa, Chief Justice, which honors Justice Justice Marshall came to the Brennan’s abiding vision of the United States to pursue her responsibility of state courts to studies at Harvard University protect constitutional rights. and later at Yale Law School. Sponsored by the Institute of Prior to her appointment, she Judicial Administration, the served as Vice President and Brennan Center for Justice, General Counsel of Harvard and the NYU School of Law, University and earlier as a se- the lectures are intended to nior partner at Choate, Hall & focus upon and highlight the Stewart in Boston. role of the state judiciary. n The 2005 Brennan Lecture The Eleventh Annual Brennan Lecture will be delivered by The Honorable Ronald M. George, Chief Justice of the Supreme Court of California, on January 26, 2005. The Lecture will be held in conjunction with the Conference Chief Judge John M. Walker Jr. of the U.S. Court of Appeals for the Second of Chief Justices. All IJA members are invited to attend. Circuit (IJA Board of Directors) and Judge Carol Bagley Amon of the U.S. District Court for the Eastern District of New York (IJA Member). Previous Brennan Lecturers On July 11-16, 2004, judges Court’s most recent term. 1995 Hon. Judith S. Kaye from the United States, Canada, Previous Solicitors General Chief Judge, Court of Appeals and the Republic of Palau who have welcomed the new of the State of New York attended the Appellate Judges judges to the Seminar have in- 1996 Hon. Stewart G. Pollock Seminar: New Appellate Judges cluded Kenneth W. Starr and Associate Justice, Supreme Court of New Jersey Series, a program sponsored Walter E. Dellinger (both IJA by IJA, the NYU School of Board members), and Seth 1997 Hon. Stanley Mosk Law, and the Federal Judicial Waxman. Associate Justice, Supreme Court of California Center. The week-long confer- In the opening session a 1998 Hon. Ellen Ash Peters ence, co-chaired by Professors panel of judges (including Chief Justice, Supreme Court of Connecticut Oscar G. Chase and Samuel Justice Roderick L. Ireland of 1999 Hon. George Bundy Smith Estreicher, IJA Executive Co- the Supreme Judicial Court of Associate Judge, Court of Appeals Directors, provides state and Massachusetts; Judge Harriet of the State of New York federal judges with up to three Lansing of the Minnesota years of experience on the Court of Appeals; Judge 2000 Hon. Shirley S. Abrahamson appellate bench, in dialogue Diarmuid F. O’Scannlain of Chief Justice, Supreme Court of Wisconsin with a resident judicial and the U.S. Court of Appeals for 2001 Hon. Christine M. Durham academic faculty, the opportu- the Ninth Circuit; Justice Bea Associate Justice, Supreme Court of Utah nity to explore the challenges Ann Smith of the Texas Court inherent in judicial decision- of Appeals, Third District; 2002 Hon. Thomas R. Phillips making and issues unique to and Judge Martha Craig Chief Justice, Supreme Court of Texas appellate courts. Daughtrey of the U.S. Court of 2003 Hon. Jeffrey L. Amestoy Keynote speaker Theodore Appeals for the Sixth Circuit) Chief Justice, Supreme Court of Vermont B. Olson, having just complet- heard a mock oral argument 2004 Hon. Margaret H. Marshall ed service as Solicitor General presented by Katherine B. Chief Justice, Supreme Judicial Court of the United States, deliv- Houlihan and Gregory T. of Massachusetts ered a welcoming address Parks, both from Morgan, that reviewed the Supreme Lewis & Bockius, LLP. The 3 Maggie Lemos (’99 Fellow) fi nished her Washington D.C. offi ce of Arnold & IJA Summer clerkship with Justice John Paul Stevens of Porter, LLP. Recently he published an the Supreme Court of the United States. article in the University of San Francisco Fellow Update She is now a Furman Fellow at the NYU Law Review, “The Nature of Consent in School of Law. the American Republic: Substance or Every year since 1995, IJA has selected Since completing his clerkship with Procedure? The Elections Clause and four excellent fi rst-year students for its Judge Kimba M. Wood of the U.S. District Single-Member Congressional Districts,” Summer Fellows program. The fellow- Court for the Southern District of New 38 U.S.F. L. Rev. 467 (2004). It examines the ship, a full-time summer commitment, York, Derek Ludwin (’98 Fellow) has been constitutional underpinnings of the fed- integrates an intensive note-writing ex- an associate at Covington & Burling in its eral statute that requires states to elect perience with research responsibilities Washington, D.C. offi ce. His practice fo- members of congress from geographi- for IJA’s New Appellate Judges Seminar. cuses on antitrust and litigation. cally based, single-member districts. Recent IJA Summer Fellows have gotten Bill McGeveran (’00 Fellow) fi nished Joel Thollander (’99 Fellow) clerked clerkships with judges on the Supreme his clerkship with Judge Sandra L. Lynch for Justice Craig Enoch of the Supreme Court of the United States, various U.S. of the U.S. Court of Appeals for the First Court of Texas after graduation. Then Courts of Appeals, State Supreme Courts, Circuit. Now he works as an associate at from 2002-04 he worked as an associate and U.S. District Courts. We are proud to the Boston offi ce of Foley Hoag LLP. in the Austin offi ce of McKool Smith, a report on some of the current activities Jennifer Presto (’01 Fellow) fi nished Dallas-based commercial litigation bou- of previous Fellows: her clerkship with Judge Lawrence tique. He began the position of Assistant M. McKenna of the U.S. District Court Solicitor General for the State of Texas Kristina Daugirdas (’03 Fellow) will for the Southern District of New York. in October. be clerking for Judge Stephen Williams of She has started working at Sullivan & Lindsay Traylor (’03 Fellow) will the U.S. Court of Appeals for the District Cromwell. clerk in the Central District of California of Columbia Circuit. Ajay Salhotra (’02 Fellow) is working in downtown Los Angeles for Judge Brian Hochleutner (’00 Fellow) as an associate at Debevoise & Plimpton Stephen Wilson. works at Munger, Tolles & Olson LLP in LLP in New York. Douglas Tsoi (’97 Fellow) has left San Francisco. Robert Schwartz (’01 Fellow) fi n- corporate law. He writes that he now Matthew B. Larsen (’02 Fellow) is ished a clerkship for Judge Amalya L. teaches “high school history at George clerking for Judge Wilfred Feinberg of Kearse of the U.S. Court of Appeals for School, a Quaker boarding school in the U.S. Court of Appeals for the Second the Second Circuit this past July. Now Newtown, PA. Please tell everyone I’m Circuit. he has started as an associate in the happy and content.” argument and subsequent de- ing in three sessions over the liberation explored the U.S.