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JULY/AUGUST 2007 VOL. 79 | NO. 6 JournalNEW YORK STATE BAR ASSOCIATION No Greater Rights The Limits of Pro Se Litigation in Also in this Issue New York Courts The Animal Welfare Act – What’s That? by Richard L. Weber Religious Motif in Law and Nation Building Motorist Insurance Law Update – Part II Preparing for Your First Oral Argument NEW YORK STATE BAR ASSOCIATION Practical Solutions to… Developing your professional skills There are many ways in which the New York State Bar Association can help you develop your professional skills. Three opportunities that stand out in particular are: sections, committees and CLE. Scores of attorneys – just like you – take an active part in NYSBA’s 23 sections and 60+ committees, and fulfill their mandatory requirements with our outstanding selection of New York law-specific continuing legal education seminars and products. 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Expand your professional knowledge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0091 JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City Thomas E. Myers Syracuse John B. Nesbitt Lyons Eugene E. Peckham Binghamton Gary D. Spivey Albany EDITOR EMERITUS Eugene C. Gerhart Binghamton MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF PRODUCTION COORDINATOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] CONTENTS JULY/AUGUST 2007 NO GREATER RIGHTS The Limits of Pro Se Litigation in New York Courts BY RICHARD L. WEBER 10 DEPARTMENTS 5 President’s Message 17 The Animal Welfare Act – What’s That? 8 CLE Seminar Schedule BY MARIANN SULLIVAN 15 Burden of Proof COMMENTARY BY JAMES F. G ESUALDI BY DAVID PAUL HOROWITZ 28 Law Practice Management 24 Religious Motif in Law and MARIAN C. RICE Nation Building 32 Planning Ahead An American Federalist Perspective BY JOSHUA S. RUBENSTEIN BY FRANK V. K ELLY 46 Computers & the Law BY DAVID P. M IRANDA 35 Uninsured Motorist/Supplementary 48 Attorney Professionalism Forum Uninsured and Underinsured Motorist 52 Language Tips Update – Part II BY GERTRUDE BLOCK A Review of Cases Decided in 2006 54 New Members Welcomed BY JONATHAN A. DACHS 61 Classified Notices 61 Index to Advertisers 44 Preparing for Your First Oral Argument 63 2007–2008 Officers BY STEVEN C. BENNETT 64 The Legal Writer BY GERALD LEBOVITS CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2007 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publica- tion of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/August, September, October, November/December.