The Newsletter of the Institute of Judicial Administration at the NYU School of Law Issue Number 2 / Summer 2005

U From the Chief Justice Ronald George Executive Co-Directors Urges Stronger Institutional We welcome you to the sec- ond issue of our Newsletter. IJA is a community of lead- Independence and Identity ing judges, practitioners, and academics engaged in t’s not every day that you maintaining and enhanc- hear a state supreme court ing our system of justice. justice compared to soul We hope in this and com- legend James Brown. But ing issues to keep you in- I it happened at the Justice formed of the activities of William J. Brennan Jr. Lecture the Institute and urge you on State Courts and Social to alert us to developments Justice at the NYU School of in your professional lives. Law. The Honorable Judith Please be sure to see our S. Kaye, Chief Judge of the calendar on the last page State of , introduced of this newsletter for pro- California’s Chief Justice, The gram highlights scheduled Honorable Ronald M. George, for 2005 and 2006. by drawing a parallel between the singer, once described as a Professors Oscar G. Chase “continuous whirl of motion,” and Samuel Estreicher and George, who she said is the “hardest working man in the court business.” In This Issue The 11th Annual Brennan Lecture, co-sponsored by IJA Judge Daughtrey and the Brennan Center for Speaks on Clerking 3 Justice on January 26, 2005, capped off the four-day meet- Workshop on Employment ing of the Conference of Chief Law for Federal Judges 4 Justices in New York. In his New Board Nominees 6 talk, “Challenges Facing an Independent Judiciary,” Chief Summer Fellow Update 7 Justice George argued that “by Since 1972, California’s courts appellate courts. Finding that IJA Community News 8 creating a stronger judicial have been the largest court sys- access to and quality of justice identity, state courts can better tem in the western world, sur- varied vastly, he identified three Board of Directors 9 maintain their independence in passing in size even the federal priorities for the judicial branch: judicial decision-making.” The court system. In 1996, George shifting court funding from the IJA Members 9 audience included more than became Chief Justice of the state, local to the state level; consoli- How to Contact IJA 10 20 judges from state courts of and within two years, he had dating the dual-level trial courts; last resort. visited every one of its trial and and improving court facilities. 

branch. Many counties, faced with diffi- culties in funding schools and other social The 2006 Brennan Lecture services, had made the maintenance of court facilities a low priority. As a result, The Brennan Lectures are published by the New York University Law Review. The according to George, “Our temples of jus- Twelfth Annual Brennan Lecture will be delivered by The Honorable Randall T. tice include many buildings that would Shepard, Chief Justice of the Supreme Court of Indiana, on February 28, 2006. All be unable to withstand even a moderate IJA members and alumni are invited to attend. earthquake. Courtrooms located in trail- ers, and structures with toxic mold, fall- Previous Brennan Lecturers ing asbestos tiles, and peeling lead paint make the courthouse a dangerous place 1995 Hon. Judith S. Kaye, Chief Judge, Court of Appeals of the State of New York to work or to litigate one’s case.” With the 1996 Hon. Stewart G. Pollock, Associate Justice, Supreme Court of New Jersey 2002 legislation, these facilities are no 1997 Hon. Stanley Mosk, Associate Justice, Supreme Court of California longer a burden on the counties, but have become a state-wide responsibility. 1998 Hon. Ellen Ash Peters, Chief Justice, Supreme Court of Connecticut According to George, these changes, as 1999 Hon. George Bundy Smith, Associate Judge, Court of Appeals of the well as regular meetings with the legisla- State of New York tive and judicial branch and a yearly state 2000 Hon. Shirley S. Abrahamson, Chief Justice, Supreme Court of Wisconsin of the judiciary address to the other two branches of government, will help the ju- 2001 Hon. Christine M. Durham, Associate Justice, Supreme Court of Utah diciary take its place as a co-equal branch 2002 Hon. Thomas R. Phillips, Chief Justice, Supreme Court of Texas of government. With this, the California judiciary will achieve a stronger institu- 2003 Hon. Jeffrey L. Amestoy, Chief Justice, Supreme Court of Vermont tional identity and independence. While 2004 Hon. Margaret H. Marshall, Chief Justice, Supreme Judicial Court these initiatives have not always been of greeted with enthusiasm by every judge, 2005 Hon. Ronald M. George, Chief Justice, Supreme Court of California the outcome has been increased access to the courts, improved services, and over- all better administration of justice. “We work with words and persuasion, not with First, George determined that better Finally, in 2002, the ownership of court the power to appropriate or legislate,” coordination among the courts and be- facilities was transferred from the coun- George concluded. “We shall be measured tween the courts and state agencies was ties to the state government, with the in the end by how well we perform our essential in order to provide the public management overseen by the judicial constitutional function of providing fair with better services, such as additional interpreters to handle the more than 100 languages spoken in California courts. In 1997, the judicial branch convinced the state legislature to shift the respon- sibility of funding state courts from the counties to the state. A mechanism was now in place to ensure continuity and equal access to the courts statewide so that the state Judicial Council can as- sess the needs of local courts and dis- tribute money accordingly. Then, in 1998, the legislature passed a constitutional amendment to unify the municipal and superior courts to create a more effective system. By 2001, the number of trial courts in California fell from 220 to 58. This change allowed for a more efficient use of resources and increased adaptability on the trial court Judge Robert S. Smith (IJA Alum, New York Court of Appeals) and Professor Oscar G. Chase level to the changing needs of the state. (IJA Executive Co-Director) at the 2005 Brennan Lecture. 

Standing: Chief Judge Judith S. Kaye (New York Court of Appeals, IJA Board Nominee), Chief Justice Ronald M. George (California Supreme Court), Alison Kinney (IJA Program Coordinator), Professor Oscar G. Chase (IJA Executive Co-Director). Seated: Chief Justice Shirley S. Abrahamson (Wisconsin Supreme Court), Professor Samuel Estreicher (IJA Executive Co-Director). and accessible justice and preserving the this appointment, he served as a judge in for the California Department of Justice rule of law.” municipal court, the Los Angeles County from 1965–72. At the California Department Chief Justice George has been Chief Superior Court, and the Court of Appeal. of Justice, he argued six cases before the Justice of California since 1996. Prior to He also served as Deputy Attorney General Supreme Court. n

Judge Daughtrey Discusses Clerking in the State and Federal Courts

The Honorable gave a spirited talk on clerking, followed by a question and answer session, for NYU School of Law students on April 4. Judge Daughtrey, a judge of the U.S. Court of Appeals for the Sixth Circuit, first attended IJA’s Appellate Judges Seminar in 1976 and is the most veteran member of IJA’s judicial teaching faculty. n Judge Daughtrey answering questions from NYU School of Law students.  Scheindlin Delivers Talk for Workshop on Employment Law for Federal Judges

ccording to , The Honorable Shira Scheindlin of the U.S. District Court for the Southern District of New York A“has been called witty, sarcastic, no- nonsense, eminently fair, eminently un- fair, brilliant and antigovernment.” She has decided high-profile cases involving National Football League draft rules and a magazine ad about former New York Mayor Rudolph Giuliani. Her re- cent work on behalf of the federal rule- making process, addressing electronic discovery resulting from newer technol- ogies like email and databases, brought Scheindlin to the two-day Workshop on Employment Law for Federal Judges. The annual workshop, co-sponsored by IJA, the , and the Law School’s Center for Labor and Employment Law, welcomed 50 federal trial and appellate judges from around the country to discuss such topics as case management, wage/hour litigation, evi- dence and experts, mediation, sex and age discrimination, and jury instructions. As the luncheon speaker and part of a panel on electronic discovery, Scheindlin discussed her opinions in Zubulake v. UBS Warburg and several proposed rule changes intended to deal better with electronic information. In Zubulake, Scheindlin explored on how courts should handle the accessibility of different data, which party in a lawsuit should pay for retrieving “inaccessible” data, what to Top: (left to right) Hon. Rosemary Barkett (U.S. Court of Appeals, Cir. 11), Professor Samuel Estreicher do when data is destroyed, and when to (IJA Executive Co-Director), Hon. Shira A. Scheindlin (U.S. District Court, SDNY); Bottom: Panel on apply sanctions. “What are [employers] Evidence Issues/Use of Experts, (left to right) Robert B. Fitzpatrick (Robert B. Fitzpatrick, PLLC), Hon. required to preserve?” asked Scheindlin. (U.S. District Court, SDNY), and Robert S. Whitman (Orrick, Herrington & Sutcliffe) “What is the scope?” These questions will ultimately be determined by case law, but In her address, Scheindlin said the is automatically created and deleted, its she cautioned judges not to issue overly proposed changes to the Federal Rules difficulty to delete, and the importance broad preservation orders. of Civil Procedure, which will become of the software used to view it are some Professor Samuel Estreicher, Execu- effective in December 2006 if no substan- of the distinct dilemmas that courts need tive Co-Director of IJA and Director of tial modifications are made, are needed to address, Scheindlin observed. the Labor Center, said, “We have to be because electronically stored informa- The Wage-Hour Litigation panel also careful of the cost of discovery requests tion has generated unique problems. Its focused on a novel development in em- driving the litigation.” volume, the dynamic nature in which it ployment law: collective actions. Unlike  class action suits, where eligible plain- ing justice,” Estreicher said. Employment The Honorable Loretta Preska of the tiffs are included unless they opt out, law cases seem particularly conducive U.S. District Court for the Southern individuals in a collective action must to mediation conducted by judges. For District of New York presented a step- opt-in to participate in the litigation. one, these cases often drag on for years by-step sequence for her mediations, In employment law, such cases typi- and are hard to win, said Daniel Kaiser, from talking about the facts to discuss- cally involve unpaid overtime under the a partner with Kaiser Saurborn & Mair ing resolutions and monetary awards. Fair Labor Standards Act, said Adam who represents plaintiffs. “Mediation is “If one party says no [to a proposed set- Klein, an Outten & Golden partner. Pat an effective tool to mediate that dispro- tlement], then I tell them to go back to Rodenhausen, a regional attorney with portion between cost and benefit,” he the barricades, and I don’t disclose their the U.S. Department of Labor, said that said. Because these cases are so emo- answer,” she added. while collective actions are known to tional for plaintiffs, Kaiser said, lawyers When defense lawyer Zachary Fasman, practitioners, judges tend to be unfamil- want their clients to hear what the law partner with Paul Hastings Janofsky & iar with the actions because 80 to 90 per- is and what is realistically possible for Walker, has clients who are resisting a cent of the cases are settled privately. damages, so that they have a clear pic- good settlement, he would tell them to re- In a dialogue on evidence and ex- ture from the court about what happens member that decision two years later when perts, The Honorable Denny Chin of in typical discrimination cases. he would be prepping them for trial. n the U.S. District Court for the Southern District of New York summarized two key U.S. Supreme Court decisions: McDonnell Douglas Corp. v. Green (1973) and Desert Palace, Inc. v. Costa (2003). In mixed-motive discrimination cases, where some of an employers’ actions may be legal and others illegal, the three-pronged McDonnell Douglas test, which Chin said really has eight steps, is “too cumbersome.” In Desert Palace, the Supreme Court held that direct evi- dence is not needed to uphold mixed- motive claims. Robert Fitzpatrick, who represents primarily plaintiffs, went further: “I think the Court is trying to say we need to put the pedal to the floor to end discrimination in this country.” Panelists encouraged the judges in the audience to give their rulings in several hypothetical employment law scenarios, including a woman alleging sexual ha- rassment claims that she has suffered weight loss, hair loss, and sleepless nights. “Should the judge allow a court-ordered mental exam?” asked Fitzpatrick. Most judges agreed they would not, particu- larly given the difficulty of proving sleep- lessness or connecting hair and weight loss to the harassment. They also debated whether they would alter their decisions if an expert was going to testify that the woman was experiencing post-traumatic stress disorder. Moving from how to rule to how to re- solve, the workshop’s first day concluded with a panel on mediation, “A technique Top: (left to right) Hon. Victoria A. Roberts (U.S. District Court, EDMI) and Hon. Vanzetta P. McPherson that you all need to learn to master as a (U.S. District Court, MDAL); Bottom: (left to right) Hon. Lurana S. Snow and Hon. John J. O’Sullivan way of clearing your dockets and serv- (both U.S. District Court, SDFL).  Kaye and Olson Nominated to IJA Board of Directors IJA is pleased to announce two new nominees to the IJA Board of Directors, to be voted upon at the Annual Meeting of the Members. The Meeting, in conjunction with the Annual Appellate Judges Seminar Alumni Reunion, will take place at 8:00 a.m. on Monday, August 8, 2005 in Chicago at the ABA Annual Meeting.

The Honorable Judith S. Kaye York County Lawyers Association’s William Nelson Cromwell The Honorable Judith S. Kaye was sworn in as Chief Judge Award, New York University Law School’s Vanderbilt Medal, of the State of New York on March 23, 1993, becoming the the Barnard College President’s Medal, the Gold Medal of the first woman to occupy New York State Bar Association, and the Fordham-Stein Prize. the top judicial office of She has also received numerous honorary degrees. New York State. She be- Chief Judge Kaye is a 1958 graduate of Barnard College came the first woman to and received her LL.B. cum laude from New York University serve on New York State’s School of Law in 1962. She engaged in private practice in New high court when Governor York City until her appointment to the Court of Appeals. Mario M. Cuomo appointed She and her husband, Stephen Rackow Kaye, a practicing her Associate Judge of lawyer, are the proud parents of Luisa, Jonathan and Gordon, the Court of Appeals in and proud grandparents of Sonja, Andrea, Ben and Shirin. September 1983. Chief Judge Kaye is Co- Chair of the Commission Theodore B. Olson, Esq. on the American Jury of Theodore B. Olson is a partner in Gibson, Dunn & Crutcher’s the American Bar Asso- Washington, D.C. office. He is a member of the firm’s Executive ciation, a member of the Committee, serves as Co-Chair of the Appellate and Constitu- Board of Directors of the tional Law Practice Group, National Center for State Courts, a member of the Conference and heads the firm’s Crisis of Chief Justices, Chair of the Permanent Judicial Commission Management Team. on Justice for Children, a member of the Board of Editors of the Mr. Olson was Solicitor New York State Bar Journal, Founding Member and Honorary General of the United States Chair of Judges and Lawyers Breast Cancer Alert (JALBCA), from 2001–04. From 1981– and serves as Trustee of the William Nelson Cromwell Foun- 84 he was Assistant U.S. dation. She is also a member of the American College of Trial Attorney General for the Lawyers, the American Law Institute, the American Academy Office of Legal Counsel. Ex- of Arts and Sciences, the Women’s Bar Association of the State cept for those two intervals, of New York, the Association of Women Judges (New York and he has been a lawyer with national) and the American Philosophical Society. Gibson, Dunn & Crutcher in Judge Kaye is the author of numerous publications, par- Los Angeles and Washing- ticularly articles dealing with legal process, state consti- ton, D.C. since 1965. tutional law, women in law, professional ethics and prob- Mr. Olson is one of the lem-solving courts. She is the recipient of various awards, nation’s premier appellate including the Commission on and U.S. Supreme Court advocates. He has argued 41 cases Women in the Profession’s Margaret Brent Women Lawyers in the Supreme Court, including Bush v. Palm Beach Country of Achievement Award, the National Center for State Courts’ Canvassing Board and Bush v. Gore, stemming from the 2000 William H. Rehnquist Award for Judicial Excellence, the New presidential election. Mr. Olson’s Supreme Court arguments 

IJA Summer Fellow Update

Every year since 1996, IJA has selected Jeffrey M. Hirsch has joined the IJA Summer Fellows four top-notch first-year students for its University of Tennessee Law faculty, Summer Fellows program. The fellowship, after working for four years in the 1996–2005 a full-time summer commitment, inte- Appellate Court Branch of the National 1996 Sarah R. Cebik; Jeffrey M. grates an intensive note-writing experi- Labor Relations Board in Washington, Hirsch; Daniel J. Krause; Daniel H. R. ence with research responsibilities for IJA’s D.C. Following graduation from the NYU Laguardia New Appellate Judges Seminar. Recent IJA School of Law, he was a judicial clerk Summer Fellows have obtained clerkships for Judge Haldane R. Mayer on the U.S. 1997 Melanie Hochberg Giger; with judges on the United States Supreme Court of Appeals for the Federal Circuit Benet J. O’Reilly; Anjli Garg Pero; Court, various U.S. Courts of Appeals, State and Judge Robert R. Beezer on the U.S. Kieran P. Ringgenberg; Douglas T. Tsoi Supreme Courts, and U.S. District Courts. Court of Appeals for the Ninth Circuit. 1998 Christopher J. Garofalo; We are proud to report on the latest news Bill McGeveran was recently named Lauryn Powers Gouldin; Ilizabeth from our previous Fellows: to a fellowship at the Berkman Center Gonchar Hempstead; Derek Ludwin for Internet and Society at Harvard Law Kristina Daugirdas begins her School. His research there will include a 1999 Abigail Phillips Caplovitz; clerkship with Judge Stephen Williams study of how new information technol- Margaret Hayes Lemos; Joel Lance of the U.S. Court of Appeals for the ogy affects the interaction of copyright Thollander; David Albert Yocis District of Columbia Circuit. law and scholarly research. Starting in Brian Hochleutner; William Yohance C. Edwards is employed fall 2006, Bill will be a professor at the 2000 McGeveran; Parvin D. Moyne; Shirley by Munger, Tolles & Olson LLP in San University of Minnesota Law School. S. Park Francisco with Brian Hochleutner. Kimberly C. Jones Spiering is clerk- Elliot Greenfield will begin working ing for Chief Justice Mary Mullarkey of 2001 Yohance C. Edwards; Jessica as an associate at Debevoise & Plimpton the Supreme Court of Colorado. Kayle Fried; Jennifer G. Presto; Robert in September. Lindsay (Traylor) Braunig begins Alexander Schwartz her clerkship with Judge Stephen Wilson of the U.S. District Court for the Central 2002 Matthew B. Larsen; Ajay District of California. Salhotra; Kimberly C. Spiering; James A. Worth 2003 Kristina Daugirdas; Elliot Greenfield; Jonathan K. Regenstein; Lindsay (Traylor) Braunig 2004 Jason W.H. Burge; Ari D. MacKinnon; Lee M. Pollack; Teddy Rave 2005 Kara J. Ervin; David A. Herman; Joshua M. Kaplan; Kimberly Steefel

have included cases involving separation of powers, federal- of Justice. He has twice received the U.S. Department of ism, voting rights, the First Amendment, the Equal Protection Justice’s Edward J. Randolph Award, its highest award for and Due Process Clauses, civil rights, sentencing, jury trial public service and leadership. He has also been awarded the rights under the Seventh Amendment, the constitutionality of Department of Defense’s highest civilian award for his advo- independent regulatory agencies, punitive damages, takings of cacy in the U.S. courts, including the Supreme Court, on be- property and just compensation under the Fifth Amendment, half of that Department. the Commerce Clause, immigration, criminal law, copyright, Mr. Olson is a Fellow of both the American College of Trial antitrust, securities, telecommunications, the internet, and Lawyers and the American Academy of Appellate Lawyers. other federal constitutional and statutory questions. He received his law degree in 1965 from the University of Mr. Olson has served as private counsel to two Presidents, California at Berkeley (Boalt Hall) where he was a member of and George W. Bush, as well as service to the California Law Review and Order of the Coif. He received those two Presidents in high-level positions in the Department his bachelor’s degree from the University of the Pacific. n 

IJA Community News

We welcome news updates from our Seminar Faculty), Associate Justice of the Hon. Frank J. Williams (IJA Alum Board, Members, Fellows, and Appellate Supreme Court of the United States. ’03), Chief Justice of the Supreme Court Judges Seminar Alumni. If you would Gregory J. Hobbs (Member, IJA of Rhode Island, published “Abraham like to submit an item for the next issue Alum ’00), justice of the Supreme Court Lincoln and Civil Liberties: Then & Now— of our newsletter, please email Alison. of Colorado, published In Praise of Fair The Southern Rebellion and September [email protected] or fax (212) 995-4036. Colorado: the Practice of Poetry, History, 11” in the NYU Annual Survey of American and Judging (Bradford Publishing), a Law 60.3, Judges’ Forum No. 4. In recent appearances before the collection of Hobbs’ essays, speeches, Hon. Diane P. Wood (Member, IJA United States Supreme Court, two IJA poems, and law review articles con- Seminar Faculty) of the U.S. Court of Board members, Donald B. Ayer of cerning our civic duties to the environ- Appeals for the Seventh Circuit, de- Jones Day, and Carter G. Phillips of ment and community. livered the October 18, 2004 James Sidley, Austin Brown & Wood LLP, ar- IJA Board member Martin Lipton Madison Lecture, “Our 18th Century gued, respectively, Exxon Mobil Corp. v. of Wachtell, Lipton, Rosen & Katz re- Constitution in the 21st Century World.” Allapattah Services Inc., No. 04-70, and ceived the Law School’s Judge Edward The Law School established the Lecture Ortega v. Star-Kist Foods, No. 04-70, to Weinfeld Award, which recognizes the series in 1959 to enhance the apprecia- determine whether supplemental juris- professional distinction and commit- tion of civil liberty and strengthen the diction could be exercised over related ment to the NYU School of Law of a sense of national purpose. claims if they do not meet the minimum graduate of 50 years ago or more. amount-in-controversy requirement for Hon. Richard M. Markus (IJA Alum federal diversity jurisdiction. ’83), former Chief Judge of the Ohio In Memoriam This summer, NYU Press will pub- Court of Appeals for the Eighth District, We regret the passing of the following lish Law, Culture and Ritual: Disputing expanded his lectures from the 1984–86 honored friends of the Institute: Systems in Cultural Context by Oscar IJA Appellate Judges Seminars, on which Hon. Richard S. Arnold of the U.S. G. Chase, Russell D. Niles Professor he served as a faculty member, into an Court of Appeals for the Eighth Circuit, of Law at the NYU School of Law and article, “A Better Standard for Reviewing passed away on September 23, 2004. He Executive Co-Director of IJA. Discretion,” Utah Law Review 4 (2004). first attended the IJA Senior Appellate Hon. Billie Colombaro (IJA Alum ’93, Hon. Pauline Newman (IJA Alum ’93, Judges Seminar in 1981, and was a reg- ’02), formerly of the Court of Appeal of ’03), judge of the U.S. Court of Appeals ular, spirited presence on the faculty of Louisiana for the Third Circuit, held the for the Federal Circuit, and chair of the the IJA Appellate Judges Seminars. position of IJA Judicial Visiting Fellow NYU School of Law’s Engelberg Center Hon. Milton Pollack of the U.S. for Spring 2005. on Innovation Law and Policy’s Advisory District Court of the Southern District We congratulate Hon. Andrew S. Council, gave a talk on the future of the Court of New York passed away on Effron (Member, IJA Alum ’97), judge Internet and intellectual property at the August 13, 2004. Judge Pollack was an on the U.S. Court of Appeals for the Law School this spring. IJA Life Member. Armed Forces, on the 2004 graduation Hon. Randall T. Shepard (Member, Hon. Robert K. Puglia, former of his daughter Robin J. Effron from IJA Alum ’86), Chief Justice of the Presiding Justice of the Court of Appeal the NYU School of Law. Supreme Court of Indiana, published of California for the Third Appellate Samuel Estreicher, IJA Executive Co- “On Licensing Lawyers: Why Uniformity District, passed away on March 11, Director and Director of NYU’s Center is Good and Nationalization is Bad” in the 2005. Justice Puglia attended the 1984 for Labor and Employment Law, was NYU Annual Survey of American Law 60.3, New Appellate Judges Seminar and honored with the Dwight D. Opperman Judges’ Forum No. 4. See page 2 for in- returned as a member of the Seminar Professorship of Law, named for IJA Board formation on Shepard’s Brennan Lecture, Faculty in 1985 and 1988. Member Dwight D. Opperman, former scheduled for February 28, 2006. Chairman and CEO of West Publishing. IJA Board Member Linda J. Silberman, On April 4 Estreicher delivered the in- Martin Lipton Professor of Law, published, augural Opperman Lecture, Beyond with Professor Marcel Kahan, “The Proper Cadillacs vs. Rickshaws: Towards a Culture Role for Collateral Attack in Class Actions: of Citizen Service, preceded by remarks a Reply to Allen, Miller, and Morrison,” NYU from Hon. Anthony M. Kennedy (IJA Law Review 73.4. 

Paul T. Cappuccio Esq. Stephen M. Shapiro Esq. Hon. Herman J. Weber Jr. IJA Board Executive Vice President Mayer Brown Rowe U.S. District Court for the of Directors and General Counsel, & Maw, LLP Southern District of Ohio Time Warner Inc. Linda J. Silberman Hon. William H. Webster Michael V. Ciresi Esq. Martin Lipton Professor of President Emeritus Chair, Robins, Kaplan, Miller Law, NYU School of Law Millbank, Tweed, Hadley & Ciresi, LLP & McCloy Hon. Kenneth W. Starr Florence A. Davis Esq. President Emeritus Arthur T. Vanderbilt President, The Starr Dean, Pepperdine University Sponsoring Member E. Nobles Lowe Esq. President Foundation School of Law Former General Counsel Evan R. Chesler Esq. and Vice President, Cravath, Swaine & Moore, LLP Professor Walter E. Hon. John M. Walker Jr. Dellinger III Chief Judge, U.S. Court Westvaco Corporation Duke University School of Appeals for the of Law and O’Melveny Second Circuit John J. Parker & Myers, LLP Contributing Members Kelly R. Welsh Esq. Kenneth R. Feinberg Esq. Hon. Harry T. Edwards President Emeritus Feinberg Group, LLP U.S. Court of Appeals for the Executive Vice President Michael J. Moroney Esq. District of Columbia Circuit and General Counsel, Honorary Consul General, The Northern Trust Company Vice President and Consulate of the Republic Hon. Robert A. Katzmann Executive Co-Director of Palau, Honolulu, HI Samuel Estreicher U.S. Court of Appeals Hon. Kimba M. Wood Dwight D. Opperman for the Second Circuit U.S. District Court for the Regular Membership Southern District of New York Professor of Law, Hon. Carol Bagley Amon Thomas C. Leighton Esq. NYU School of Law U.S. District Court for the Vice President of Government Diane L. Zimmerman Eastern District of New York Relations and Contracts, Samuel Tilden Professor West Group of Law, NYU School of Law Hon. E. Reilly Anderson Supreme Court of Tennessee Martin Lipton Esq. Hon. Rya W. Zobel Wachtell, Lipton, Rosen & Katz U.S. District Court for the Hon. Nancy Friedman Atlas District of Massachusetts U.S. District Court for the Dwight D. Opperman Esq. Southern District of Texas Secretary and Chair, Key Investment, Inc. Executive Co-Director IJA Members Hon. Daniel A. Barker Oscar G. Chase Carter G. Phillips Esq. (as of June 21, 2005) Court of Appeals of Arizona, Russell D. Niles Professor Sidley, Austin, Brown Life Members Division One of Law, NYU School of Law & Wood, LLP Hon. Marc T. Amy Hon. Rosemary Barkett Court of Appeal of Louisiana Hon. Shirley S. Abrahamson Hon. Stewart G. Pollock U.S. Court of Appeals for the Third Circuit Chief Justice, Supreme Court Riker Danzig Scherer Hyland for the Eleventh Circuit of Wisconsin & Perretti, LLP Hon. Maurice A. Hartnett III Hon. Anne Elizabeth Barnes Supreme Court of Delaware Donald B. Ayer Esq. Richard L. Revesz Court of Appeals of Georgia Jones Day Dean and Lawrence King Professor of Law, Hon. Thomas Homer Hon. William G. Bassler Sheila L. Birnbaum Esq. NYU School of Law Appellate Court of Illinois U.S. District Court for the Skadden, Arps, Slate, for the Third District District of New Jersey Meagher & Flom Hon. Barbara J. Rothstein (ex officio) Hon. Abraham D. Sofaer Hon. Carol A. Beier Peter Buscemi Esq. Director, Federal Judicial Center The Hoover Institution Supreme Court of Kansas Morgan Lewis & Bockius LLP 10

Hon. Rebecca W. Berch Hon. Charles L. Brieant Hon. Richard R. Clifton Barry H. Garfinkel Esq. Court of Appeals of Arizona, U.S. District Court for the U.S. Court of Appeals Skadden, Arps, Slate, Division One Southern District of New York for the Ninth Circuit Meagher & Flom LLP

Hon. Robert I. Berdon Hon. James L. Cannella Hon. Mary Catherine Cuff Hon. Leonard I. Garth Superior Court of Connecticut Court of Appeal of Louisiana Superior Court of New Jersey, U.S. Court of Appeals for the Fifth Circuit Appellate Division for the Third Circuit Hon. Charles Bleil Charles Carpenter Esq. U.S. District Court for the Hon. Howard H. Dana Jr. Gibson Gayle Jr. Esq. American Academy of Northern District of Texas Supreme Judicial Court Fulbright & Jaworski L.L.P. Appellate Lawyers of Maine Hon. Hon. James H. Carter Hon. James G. Glazebrook U.S. District Court for the Hon. Robert T. Dawson Supreme Court of Iowa U.S. Magistrate Judge for the Eastern District of New York U.S. District Court for the Middle District of Florida Hon. Eric L. Clay Western District of Arkansas Hon. Theodore R. Boehm U.S. Court of Appeals Hon. Thomas J. Grady Supreme Court of Indiana Hon. Brent E. Dickson for the Sixth Circuit Court of Appeals of Ohio Supreme Court of Indiana for the Second District Hon. Paul Boland Hon. Frank G. Clement Jr. Court of Appeal of California Court of Appeals of Hon. Alexandra D. Hon. John M. Greaney for the Second District Tennessee for the DiPentima Supreme Judicial Court Middle Grand Division Appellate Court of of Massachusetts Connecticut Hon. John Michael Guidry Hon. James K. Donovan Court of Appeal of Louisiana Appellate Court of Illinois i Contact IJA for the First Circuit for the Fifth Judicial District Visit our Web site at www.law.nyu.edu/institutes/judicial Hon. George C. Hanks Jr. Ms. Sue K. Dosal Court of Appeals of Texas Minnesota State Court The Institute of Judicial Administration for the First District Administrator’s Office New York University School of Law 40 Washington Square South, Room 314 Andrew D. Hendry Esq. Hon. Antoinette L. Dupont New York, NY 10012 Colgate-Palmolive Company Appellate Court of Connecticut Professor Oscar G. Chase Hon. Andrew J. Higgins Executive Co-Director Inglish & Monaco, P.C. (212) 998-6217 Hon. Andrew S. Effron [email protected] U.S. Court of Appeals for the Armed Forces Hon. Gregory J. Hobbs Jr. Supreme Court of Colorado Professor Samuel Estreicher Executive Co-Director Hon. Craig Enoch Hon. Janice M. Holder (212) 998-6226 Winstead, Sechrest and Minick Supreme Court of Tennessee [email protected] Hon. Mike Fain For information about our upcoming programs, Court of Appeals of Ohio Hon. Annabelle membership, and the newsletter, please contact: for the Second District Clinton Imber Supreme Court of Arkansas Alison Kinney Hon. Chief Justice Program Coordinator Lance G. Finch Hon. Roderick Ireland The Institute of Judicial Administration Court of Appeals Supreme Judicial Court New York University School of Law of British Columbia of Massachusetts 110 West Third Street, Second Floor New York, NY 10012 Hon. Ezra H. Friedlander Hon. Renée Cohn Jubelirer Phone: (212) 998-6149 Court of Appeals of Indiana Commonwealth Court Fax: (212) 995-4036 for the Second District of Pennsylvania [email protected] 11

Hon. Joette Katz Hon. Ronald T. Y. Moon Norman Redlich Esq. Hon. Ulysses G. Thibodeaux Supreme Court of Supreme Court of Hawaii Wachtell, Lipton, Rosen & Katz Court of Appeal of Louisiana Connecticut for the Third Circuit Hon. Richard M. Mosk Richard H. Reimer Esq. Hon. Gary Katzmann Court of Appeal of California American Society of Hon. David G. Trager Court of Appeals of for the Second District Composers, Authors, U.S. District Court for the Massachusetts and Publishers Eastern District of New York Eugene J. Murret Hon. Howard H. Kestin Supreme Court of the Professor Judith Resnik Hon. E. Norman Veasey Superior Court of New Jersey, Republic of Palau Weil, Gotshal & Manges Appellate Division Hon. Dorothy W. Nelson Hon. Ariel A. Rodriguez Hon. William L. Waller Jr. U.S. Court of Appeals Hon. Douglas S. Lang Superior Court of New Jersey, Supreme Court of Mississippi for the Ninth Circuit Court of Appeals of Texas Appellate Division for the Fifth District Hon. Peter D. Webster Hon. Arthur Ngiraklsong Hon. Leonard B. Sand Court of Appeal of Florida Supreme Court of the Hon. Steven H. Levinson U.S. District Court for the for the First District Republic of Palau Supreme Court of Hawaii Southern District of New York Hon. Barbara Byrd Wecker Hon. James L. Oakes Hon. Shira Ann Scheindlin Superior Court of New Jersey, W. H. Levit Jr. Esq. U.S. Court of Appeals Godfrey & Kahn, S.C. U.S. District Court for the Appellate Division for the Second Circuit Southern District of New York Hon. Jack B. Weinstein Hon. Jon D. Levy Hon. Darleen Ortega Hon. Randall T. Shepard U.S. District Court for the Supreme Judicial Court Court of Appeals of Oregon Supreme Court of Indiana Eastern District of New York of Maine Hon. Diarmuid F. Hon. Bea Ann Smith Hon. Joseph F. Weis Jr. Hon. Allen M. Linden O’Scannlain Court of Appeals of Texas U.S. Court of Appeals Federal Court of Appeal U.S. Court of Appeals for the Third District for the Third Circuit of Canada for the Ninth Circuit Hon. Larry G. Smith Hon. Harvey Weissbard Hon. Carlos F. Lucero Hon. Thomas R. Phillips Court of Appeal of Florida Superior Court of New Jersey, U.S. Court of Appeals South Texas College of Law for the First District Appellate Division for the Tenth Circuit (Former Chief Justice, Supreme Court of Texas) Hon. Roscoe B. Hon. Lawrence F. Winthrop Hon. Harry C. Martin Hon. Marsha M. Piccone Stephenson Jr. Court of Appeals Supreme Court for the Supreme Court of Virginia of Arizona Eastern Band of Court of Appeals of Colorado Cherokee Indians John H. Pickering Esq. Hon. H. Samuel Stilwell Hon. Roger L. Wollman Wilmer, Cutler & Pickering Court of Appeals of U.S. Court of Appeals Hon. A. William Maupin South Carolina for the Eighth Circuit Supreme Court of Nevada Hon. Jaime Pieras Jr. U.S. District Court for the Hon. Frank E. Sullivan Jr. Catherine O’Hagan Hon. Vincent L. McKusick District of Puerto Rico Supreme Court of Indiana Wolfe Esq. Pierce Atwood Clerk of the Court, Supreme (Former Chief Justice, Hon. Donald C. Pogue Hon. John W. Sweeny Jr. Court of New York, Appellate Supreme Court of Maine) U.S. Court of Supreme Court of New York Division, First Department International Trade State, Appellate Division Hon. Bernard S. Meyer Hon. Diane P. Wood Meyer, Suozzi, English Hon. Loretta A. Preska Hon. Richard B. Teitelman U.S. Court of Appeals & Klein, P.C. U.S. District Court for the Supreme Court of Missouri for the Seventh Circuit Southern District of New York Hon. M. Blane Michael Hon. John A. Terry Hon. Jim T. Worthen U.S. Court of Appeals Hon. Edward D. Re District of Columbia Court of Appeals of Texas for the Fourth Circuit U.S. Court of International Court of Appeals for the Twelfth District Trade (emeritus) IJA Calendar of Events

July 5–22, 2005 November 10–11, 2005 Training Program for Judges from the State Employment Law People’s Republic of China November 11, 2005 July 10–15, 2005 Meeting of the IJA Board of Directors Appellate Judges Seminar—New Judges Series Co-sponsored by the Federal Judicial Center February 28, 2006 Twelfth Annual Justice William J. Brennan Jr. Lecture August 8, 2005 on State Courts and Social Justice “A Review of the Supreme Court’s Term” The Honorable Randall T. Shepard, Chief Justice Appellate Judges Seminars Alumni Reunion and IJA of the Supreme Court of Indiana Membership Meeting at the ABA Annual Meeting in Chicago, IL March 16–17, 2006 November 3–4, 2005 Workshop on Employment Law for Federal Judges Twenty First Century Conference on Appellate Justice Co-sponsored by the Federal Judicial Center and the By invitation only, Washington, D.C. NYU School of Law Center for Labor and Employment Law

The Institute of Judicial Administration New York University School of Law 40 Washington Square South, Room 314 New York, NY 10012