Dinner to Honor Award Recipients
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A Tribute to George Bundy Smith and E. Richard Larson the NAACP Legal Defense and Educational Fund (LDF) Mourns the Loss of the Hon
A Tribute to George Bundy Smith and E. Richard Larson The NAACP Legal Defense and Educational Fund (LDF) mourns the loss of the Hon. George Bundy Smith, who died Saturday August 5, 2017 and Richard Larson, who died July 22, 2017. “This month LDF lost two treasured members of our family, the Hon. George Bundy Smith, and attorney Richard Larson. Both these exceptional men represent the standard of excellence and commitment to justice that is the hallmark of LDF lawyers, and have left behind lasting contributions in the advancement of civil rights and in our profession,” said Sherrilyn Ifill, LDF’s President and Director-Counsel. Hon. George Bundy Smith George Bundy Smith was born on April 7, 1937 in New Orleans, Louisiana. Raised in a segregated neighborhood in Washington D.C., he went on to attend Yale University and Yale Law School, where he earned his law degree alongside his twin sister Inez Smith Reid. Smith followed his passion for civil rights early on, leaving law school during exams in his second year to travel to Montgomery, Alabama as a Freedom Rider. In 1961, Smith and about nine other Freedom Riders were arrested for sitting at an all-whites lunch counter. Thurgood Marshall, Lou Redding, Jack Greenberg, and Fred Gray represented Smith following his arrest, and Redding took the case all the way to the Supreme Court, where the conviction was overturned. After graduating from law school, Smith began his legal career as a staff attorney for LDF. From 1962-1964, Smith played a vital role in several prominent LDF cases. -
Download Oral History
THE HISTORICAL SOCIETY OF THE NEW YORK COURTS ORAL HISTORY PROGRAM Honorable George Bundy Smith Found on exterior entrance to New York Court of Appeals THE HISTORICAL SOCIETY OF THE NEW YORK COURTS 140 Grand Street, Suite 701 White Plains, New York 10601 914.824.5717 [email protected] www.nycourts.gov/history ORAL HISTORY Subject: Hon. George Bundy Smith New York State Court of Appeals An Interview Conducted by: Sandra Jefferson Grannum Date of Interview: August 19, 2009 Location of interview: OCA Studio, 25 Beaver Street, New York, NY Copyright © 2012 The Historical Society of the New York Courts In 2005, The Historical Society of the New York Courts (the Society) established an oral history program to document the recollections of retired Judges of the New York State Court of Appeals (New York’s highest court), retired judges and justices from other courts in the State, and prominent New York lawyers (Subjects). Starting in 2009, all interviews were videotaped. Interviews prior to that time were either audio or video taped. Interviews were conducted by informed interviewers, familiar with both the Subject and New York jurisprudence (Interviewers). The transcripts of the record are reviewed by Subjects and Interviewers for clarity and accuracy, corrected, and deposited in the Society’s archives. An oral history transcript is not intended to present the complete, verified description of events. It is rather a spoken personal account by a Subject given in response to questions. It is intended to transmit the Subject’s thoughts, perceptions, and reflections. It is unique and irreplaceable. All uses of this transcript are covered by a signed agreement between Subject, Interviewers, and the Society. -
HOW GEORGE PATAKI TRANSFORMED the NEW YORK STATE COURT of APPEALS Benjamin Pomerance* on N
POMERANCE 1/23/2015 10:54 AM WHAT “TOUGH ON CRIME” LOOKS LIKE: HOW GEORGE PATAKI TRANSFORMED THE NEW YORK STATE COURT OF APPEALS Benjamin Pomerance* I. INTRODUCTION On November 1, 1995, Governor George E. Pataki fired a warning shot at the New York State Court of Appeals.1 “They are creating their own rules,” the state’s Chief Executive declared of New York’s highest judicial body.2 “The Court of Appeals has gone too far.”3 Later, he went on to pin his disgust on a specific body of the court’s caselaw: rulings that overturned criminal convictions solely because the defendant was denied one or more protections that Pataki considered mere technicalities.4 “These are just irrational, mindless, procedural safeguards—not for those who are wrongfully charged but for criminals who can get off,” the Governor announced.5 To Pataki, a court comprised of judges chosen solely by his predecessor in the Governor’s Mansion, Mario Cuomo, was simply “coddling” criminals, returning dangerous individuals to the streets of New York to prey on more innocent victims.6 Certain recent decisions drew particular ire from Pataki on that * Benjamin Pomerance, J.D., Albany Law School, B.A., State University of New York at Plattsburgh, serves in Counsel's Office for the New York State Division of Veterans' Affairs. Mr. Pomerance previously served as Executive Editor for Symposium for the Albany Law Review. He also founded and directed the Albany Law School Veteran’s Pro Bono Project, and has taught a class on the First Amendment at Union College. -
Judge Bernard S. Meyer: First Merit Appointee to the New York Court of Appeals
Digital Commons at St. Mary's University Faculty Articles School of Law Faculty Scholarship 2012 Judge Bernard S. Meyer: First Merit Appointee to the New York Court of Appeals Vincent R. Johnson St. Mary's University School of Law, [email protected] Follow this and additional works at: https://commons.stmarytx.edu/facarticles Part of the Law Commons Recommended Citation Vincent R. Johnson, Judge Bernard S. Meyer: First Merit Appointee to the New York Court of Appeals, 75 Alb. L. Rev. 963 (2012). This Article is brought to you for free and open access by the School of Law Faculty Scholarship at Digital Commons at St. Mary's University. It has been accepted for inclusion in Faculty Articles by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact [email protected]. 15 JOHNSON 3/14/2012 4:40 PM JUDGE BERNARD S. MEYER: FIRST MERIT APPOINTEE TO THE NEW YORK COURT OF APPEALS Vincent R. Johnson* To Bernard S. Meyer (1916–2005), Judge of the New York Court of Appeals (19791986), who, with integrity, keen intellect, and tireless effort, championed the rights of those who needed help most.1 ARTICLE CONTENTS I. THE CHALLENGE OF A LIFETIME AT AGE 63 .......................... 965 II. SELECTING LAW CLERKS ....................................................... 971 A. Treating Law Clerks as Equals ...................................... 972 B. The Best State Court in the Nation ................................ 974 C. The Learning Curve........................................................ 976 III. TAKING THE OATH IN NEW YORK CITY .................................. 977 IV. ARRIVING IN ALBANY IN THE MIDDLE OF THE NIGHT ............ 979 V. PERSISTING IN THE FACE OF POLITICAL ADVERSITY ............ -
The New York Court of Appeals: 150 Years
Fordham Law Review Volume 66 Issue 3 Article 1 1997 The New York Court of Appeals: 150 Years George Bundy Smith Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation George Bundy Smith, The New York Court of Appeals: 150 Years, 66 Fordham L. Rev. 731 (1997). Available at: https://ir.lawnet.fordham.edu/flr/vol66/iss3/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. DEDICATION TiH NEW YORK COURT OF APPEALS: 150 YEARS Judge George Bundy Smith O N September 5, 1957, Governor Orville Faubus of Arkansas de- fied the Supreme Court of the United States by declaring that Arkansas would not permit nine African American students to attend Central High School in Little Rock, Arkansas. Approximately one year later, on September 11, 1958, I was fortunate to attend the argu- ment in the Supreme Court of the United States of a case called Cooper v. Aaron.' The issue was the right of the State of Arkansas to defy the pronouncements of the Supreme Court by excluding those nine students from Central High School. The man who argued the case for the Little Rock Nine was Thurgood Marshall, the Attorney for the NAACP Legal Defense and Educational Fund. With him on the brief were Wiley Branton of Arkansas, William Coleman, Jr., of Pennsylvania, Jack Greenberg of the Legal Defense Fund, and Louis Pollak who was to be my professor in constitutional law at the Yale Law School before he went on the Federal bench in Philadelphia. -
1 Forty-Fourth Street Notes
NEW YORK CITY BAR Forty-Fourth Street Notes MISSED OPPORTUNITIES By Barry Kamins, President Highlights: his Association was founded in 1870 to confront the last twelve years. In his three terms as the a crisis of confidence in the judiciary. Over the appointing authority of New York’s appellate judges October 2006 Tpast one hundred and thirty-six years we have and of judges on the Court of vigorously argued that merit selection of judges is the Claims, Governor Pataki has best method of ensuring a strong judiciary. We have appointed only two African- The Miller Commission: also promoted increasing diversity on the bench at American and two Hispanic Improving Justice For both the state and federal levels because a sufficiently judges to the First and Second Children of Divorce and diverse judiciary enhances public confidence in the Departments and has never Separation: administration of justice. In the Governor’s recent appointed an African-American October 6, Page 5 selection of a judge for our state’s highest court, we judge to either the Third or believe that an opportunity to bolster these principles Fourth Departments. Of the approximately sixty current Forum: Re-Entry of was missed. Court of Claims judges, all appointed by the On August 18, 2006, Governor George Pataki nomi- Persons with Governor, one is African-American and one is nated Hon. Eugene F. Pigott to the New York State Criminal Records: Hispanic. Of the 305 judges in New York State he has Court of Appeals. Initially, it should be noted that October 18, Page 8 appointed during his tenure, only a handful are Justice Pigott is an excellent judge with impressive minorities. -
Full Article
185 POMERANCE (POST PROOF EDITS) (DO NOT DELETE) 2/15/2014 8:05 PM WHEN DAD REACHED ACROSS THE AISLE: HOW MARIO CUOMO CREATED A BIPARTISAN COURT OF APPEALS Benjamin Pomerance* Today, New York State stands at one of the most important judicial crossroads in its history. For only the second time ever, a single individual may have within his grasp the power to control the entire membership of the state‘s highest judicial institution. If current Governor Andrew Cuomo wins re-election in 2014 and returns to the Governor‘s Mansion for another four-year term, he will enjoy a virtually unprecedented political opportunity: the chance to appoint all seven of the judges sitting on the New York State Court of Appeals.1 With mandatory retirement2 looming during the next four years for all but two of the judges presently on the Court of Appeals—the exceptions being Judge Jenny Rivera, whom Cuomo appointed to the court in January, and Judge Sheila Abdus-Salaam, whom Cuomo appointed to the court in April3—Andrew Cuomo will truly * Excelsior Service Fellow, New York State. J.D., Albany Law School, 2013; B.A., SUNY Plattsburgh, 2010. The views expressed here are solely the opinion of the author, and do not necessarily represent the views of the Excelsior Fellow program. Many thanks are owed to Professor Vincent M. Bonventre, whose wisdom about judges and state constitutional adjudication inspired this article, and to my parents, Ron and Doris Pomerance, whose support and encouragement is treasured by me. 1 See Vincent M. Bonventre, The Vacancies Are Coming!—The Entire NY Court of Appeals Soon to be [newly/re]Appointed, N.Y. -
New York County Lawyers Association
Vol. 9 Issue 28 | March 2015 | www.nycla.org New York COUNTY LAWYER The Beat of New York Law It’s Not So Wonderful: The Nitty-Gritty of Food Labeling actually in compliance with FDA rules and By Lindsey A. Zahn, Esq. regulations.8 In its suit, Pom Wonderful alleged that Have you ever picked up a food item the use of the label by Coca-Cola was mis- at the super market, scrutinized the label leading and deceptive under § 43 of the enough to realize that something about Lanham Act, which allows a competitor to the product’s description or claims just sue another provided that it asserts unfair seemed off, perhaps even misleading? competition from false or misleading prod- Such is my daily life as a food and bever- uct descriptions.9 The Court of Appeals age attorney. Unfortunately, according for the Ninth Circuit held that the FD&C to a study published in 2008 by The U.S. Act precluded Pom Wonderful’s Lanham Federal Food and Drug Administration Act claim.10 Pom appealed, and the case (FDA), only about 50 percent of consum- reached the Supreme Court in 2014. ers read the ingredients and nutrition facts panels before purchasing a food product What issue was presented in for the first time.1 What is the other half Pom Wonderful? missing? In the world of food and beverage The issue presented in Pom Wonderful regulation, the answer is most likely a lot. was whether a competitor could bring a The FDA has primary jurisdiction over Lanham Act claim challenging a product ensuring the safety and welfare of most food ing from false or misleading advertising.4 -
Criminal Justice in the 21St Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System Supported in Part by a Grant from the Ford Foundation
Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System Supported in part by a grant from the Ford Foundation. Additional financial support for the conference provided by the Foundation for Criminal Justice, the Brennan Center for Justice and the New York County Lawyers’ Association. The views expressed herein by conference participants do not necessarily reflect the views of the participating organizations. Copyright © 2013 National Association of Criminal Defense Lawyers This report is subject to a Creative Commons Attribution-Noncommercial-Nonderivative Work license (see www .creativecommons .org ). It may be reproduced, provided that no charge is imposed, and the National Association of Criminal Defense Lawyers is acknowledged as the original publisher and the copyright holder. For any other form of reproduction, please contact NACDL for permission. NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS 1660 L Street NW, 12th Floor Washington, DC 20036 Phone: 202-872-8600 www .nacdl .org Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities In the Criminal Justice System CONFERENCE REPORT BY Tanya E. Coke TABLE OF CONTENTS ACKNOWLEDGEMENTS . 3 ABOUT THE CONTRIBUTING ORGANIZATIONS . 4 CRIMINAL JUSTICE IN THE 21ST CENTURY REPORT: Eliminating Racial and Ethnic Disparities in the Criminal Justice System . 6 Introductory Statement . 6 I. Conference Mission and Overview . 7 II. What Is the Scope of Racial Disparities? . 7 III. Town Hall Meeting . 8 A. Differing Perspectives . 8 B. What Would Systemic Reform Require? . 9 2 C. Litigation . 10 D. Legislation . 10 E. The Role of Interest Convergence . 10 IV. Charging, Plea Bargains and Diversion . 11 A. -
Focus on the Courts Focus on the Courts Focus on the Courts Focus on The
Focus on th e Courts Focus on th e Courts Focus on th e Courts Focus on th e Courts Focus on th e Courts Focus on th e Courts Focus on th e Courts Focus on th e Courts Focus on th e Courts PEOPLE, PROGRAMS AND PERSPECTIVES AROUND THE NEW YORK STATE COURTS Second Department Welcome to Focus on the Employees Honored with Newly Established Award Courts –featuring stories Seven employees of the Appel - late Division, Second Depart - that keep you up to date on ment, were honored in November with the Department’s first annual Milton Mollen Commitment to Excellence new initiatives, events and Award, named for its former, long-serving Presiding Justice (January 1978 to March 1990), now of counsel opportunities in and around to Herrick, Feinstein LLP. A spry nonagenarian, the Hon. Milton Mollen was on hand to congratulate the award winners during a ceremony held in the stately the New York State courts. Appellate Division courthouse at 45 Monroe Place in Brooklyn. Look for rotating features Read more… in the coming weeks and months. Thurgood Marshall: “Mr. Civil Rights” The Supreme Court His - torical Society and The Historical Society of the Courts of the State of New York hosted a trib - ute in February, in com - memoration of Black History Month, to trailblazer Thurgood Marshall, the first African American to sit on both the Court of Appeals, Second Circuit—which com - prises New York, Connecticut and Vermont—and the U.S. Supreme Court, joining the former in 1961 and the latter in 1967. Read more… VIEW PREVIOUS ARTICLES Second Department Employees Honored with Newly Established Award Seven employees of the Appellate Division, Second Department, were honored in November with the De - partment’s first annual Milton Mollen Commitment to Excellence Award, named for its former, long-serving Presiding Justice (January 1978 to March 1990), now of counsel to Herrick, Feinstein LLP.