2019 Faculty Directory
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Free Speech and Civil Liberties in the Second Circuit
Fordham Law Review Volume 85 Issue 1 Article 3 2016 Free Speech and Civil Liberties in the Second Circuit Floyd Abrams Cahill Gordon & Reindel LLP Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Constitutional Law Commons, and the First Amendment Commons Recommended Citation Floyd Abrams, Free Speech and Civil Liberties in the Second Circuit, 85 Fordham L. Rev. 11 (2016). Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss1/3 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]. FREE SPEECH AND CIVIL LIBERTIES IN THE SECOND CIRCUIT Floyd Abrams* INTRODUCTION Much of the development of First Amendment law in the United States has occurred as a result of American courts rejecting well-established principles of English law. The U.S. Supreme Court has frequently rejected English law, permitting far more public criticism of the judiciary than would be countenanced in England, rejecting English libel law as being insufficiently protective of freedom of expression1 and holding that even hateful speech directed at minorities receives the highest level of constitutional protection.2 The Second Circuit has played a major role in the movement away from the strictures of the law as it existed in the mother country. In some areas, dealing with the clash between claims of national security and freedom of expression, the Second Circuit predated the Supreme Court’s protective First Amendment rulings. -
ARTICLES of INTEREST January 17, 2020 QUOTE(S
ARTICLES OF INTEREST January 17, 2020 QUOTE(S) OF THE WEEK “Millions saw the apple fall, but Newton was the one who asked why.” – Bernard Baruch “We need our public and private Churchills, leaders who can re-imagine, who can call forth wellsprings of daring and guts and spirit and spunk, from one and all, to topple the way things may have been for many generations—and who inspire us to venture forth into today’s and tomorrow’s whitewaters with insouciance and bravado and determination.” – Tom Peters “As yet, if a man has no feeling for art he is considered narrow-minded, but if he has no feeling for science this is considered quite normal. This is a fundamental weakness.” – Isidor Isaac Rabi “Many who have had an opportunity of knowing any more about mathematics confuse it with arithmetic, and consider it an arid science. In reality, however, it is a science which requires a great amount of imagination.” – Sofia Kovalevskaya “A fact is a simple statement that everyone believes. It is innocent, unless found guilty. A hypothesis is a novel suggestion that no one wants to believe. It is guilty, until found effective.” – Edward Teller “It is poor civic hygiene to install technologies that could someday facilitate a police state.” – Bruce Schneier “It is above all by the imagination that we achieve perception and compassion and hope." – Ursula K. Le Guin “When a distinguished but elderly scientist states that something is possible, he is almost certainly right. When he states that something is impossible, he is very probably wrong.” – Arthur C. -
District Court Activism in Criminal Justice Reform
THE “NEW” DISTRICT COURT ACTIVISM IN CRIMINAL JUSTICE REFORM JESSICA A. ROTH* Historically, the debate over the judicial role has centered on the consti- tutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broaden- ing it to trial, as well as appellate, judges; and by distinguishing between an Article III judge’s “decisional” activities on the one hand, and the judge’s “hortatory” and other activities on the other. To that end, the Article focuses on a cohort of deeply respected federal district judges-many of whom, al- though not all, experienced Clinton appointees in the Southern and Eastern Districts of New York–who, over the last decade, have challenged conven- tional norms of judicial behavior to urge reform of fundamental aspects of the federal criminal justice system. These “new” judicial activists have made their case for reform in the pages of their judicial opinions, often in dicta; in articles and speeches; and through advocacy within and beyond the judicial branch. This Article summarizes this activity, places it in historical context, and assesses its value as well as its risks. I. Introduction......................................... 278 II. A Summary of the “New” District Court Activism .... 283 A. -
Deterring Corporate Crime
Program on Corporate Compliance and Enforcement NYU School of Law 40 Washington Square South New York, NY 10012 Deterring Corporate Crime: Effective Principles for Corporate Enforcement April 4-5, 2014 New York University School of Law Lester Pollack Colloquium Room 245 Sullivan Street, 9th Floor Sponsored by the NYU Program on Corporate Compliance and Enforcement and the American Law Institute II III Program on Corporate Compliance and Enforcement The NYU Program on Corporate Compliance and Enforcement promotes research on the effective enforcement of legal rules governing corporate crime and on methods and strategies for enhancing compliance with applicable standards. The program hosts annual conferences and other programs designed to improve our understanding of existing practices and facilitate effective enforcement policy and compliance. The program’s directors are Professors Jennifer Arlen and Geoffrey Miller. IV 1 Deterring Corporate Crime: Conference Program Effective Principles for Corporate Enforcement Sponsored by the NYU Program on Corporate Compliance and Enforcement Deterring Corporate Crime: and the American Law Institute deterrence. Issues to be considered include the appro- Effective Principles for Conference Goal priate scope and content of corporate criminal liability To be effective, corporate criminal and civil enforcement (including oversight liability imposed on parent firms), must deter wrongdoing by corporations and the employees appropriate mandates to impose through pretrial diversion Corporate Enforcement operating -
Department/Agency Name Position
Department/Agency Name Position Status Date Advisory Committee for Trade Policy and Negotiations Jill Appell Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Pamel G. Bailey Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations C. Fred Bergstein Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Bobbi Brown Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Michael E. Campbell Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Lisa Carty Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Governor Chris Christie Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Michael Ducker Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Mayor Buddy Dyer Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations John B. Emerson Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Bill Frenzel Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Dean Garfield Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Leo W. Gerard Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Joseph T. Hansen Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations James P. Hoffa Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Robert Holleyman Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Sandra Kennedy Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Jim Kolbe Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Fred Krupp Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations David Lane Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Kase Lawal Member Appointed 9/15/2010 Advisory Committee for Trade Policy and Negotiations Robert A. -
Coat Drive Report 2016 Th Is Year, the Coat D Rive Goes Mobile
Coat Drive This year, the Report 2016 Coat Drive goes mobile. Text COAT to Just buys a new coat for a New Yorker in need. Table of Contents The Coat Drive Goes Mobile 4 Coat Drive Champions 6 Coat Drive Media and Press 8 Shifting the Coat Drive Call to Action 9 Financial Supporters 12 Collection Partners 24 Recipient Agencies 34 New York Cares York New Coat Drive Report 2016 3 The Coat Drive Goes Mobile Thanks to the generosity and compassion of “The need in our city is simply More than 1,400 companies, civic groups, and thousands of New Yorkers, New York Cares individuals also stepped up this year to deliver collected and distributed 109,213 winter coats enormous, and we developed the gently used coats through their own private during the 28th Annual Coat Drive. This year’s text option to cast a wider net collection efforts. When combined with the coats numbers broke collection records as a new mobile dropped off at our 300 public collection sites, these donation option and increased participation and engage more New Yorkers groups delivered 78,000 coats in 2016. from companies and civic groups delivered than ever. We understand that unprecedented warmth across the city. With homelessness in New York City reaching near- not everyone has an extra coat at record highs and the rising cost-of-living pushing In 2016, for the first time, New York Cares made it home to donate or can make it to more residents below the poverty line, requests possible to give a coat via a simple text message. -
Visiting Judges
Visiting Judges Marin K. Levy* Despite the fact that Article III judges hold particular seats on particular courts, the federal system rests on judicial interchangeability. Hundreds of judges “visit” other courts each year and collectively help decide thousands of appeals. Anyone from a retired Supreme Court Justice to a judge from the U.S. Court of International Trade to a district judge from out of circuit may come and hear cases on a given court of appeals. Although much has been written about the structure of the federal courts and the nature of Article III judgeships, little attention has been paid to the phenomenon of “sitting by designation”—how it came to be, how it functions today, and what it reveals about the judiciary more broadly. This Article offers an overdue account of visiting judges. It begins by providing an origin story, showing how the current practice stems from two radically different traditions. The first saw judges as fixed geographically, and allowed for visitors only as a stopgap measure when individual judges fell ill or courts fell into arrears with their cases. The second assumed greater fluidity within the courts, requiring Supreme Court Justices to ride circuit—to visit different regions and act as trial and appellate judges—for the first half of the Court’s history. These two traditions together provide the critical context for modern-day visiting. DOI: https://doi.org/10.15779/Z38ZK55M67 Copyright © 2019 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. -
[email protected] //
[email protected] // www.nataliebaxter.com // 859.361.5728 // EDUCATION 2012 UNIVERSITY OF KENTUCKY // MFA Lexington, KY 2007 UNIVERSITY OF THE SOUTH; SEWANEE // BA in Studio Art Sewanee, TN // SOLO EXHIBITIONS 2018 Upcoming: CUNSTHAUS Tampa, FL Upcoming: ELIJAH WHEAT SHOWROOM, TrollLolLol Brooklyn, NY 2017 PURDUE UNIVERSITY FOUNTAIN GALLERY, Clearly Confused Lafayette, IN UNIVERSITY OF THE SOUTH, CARLOS GALLERY, Fired Up Sewanee, TN APPALSHOP GALLERY, Warm Guns & Bloated Flags Whitesburg, KY 2016 INSTITUTE 193, OK-47 Lexington, KY WILD GOOSE FARM, Gun Show Kent, CT 2012 LEXINGTON VISUAL COLLECTIVE, home/place Lexington, KY BRIGGS THEATRE screening of home/place Lexington, KY // SELECTED GROUP EXHIBITIONS 2018 Upcoming: GROUND FLOOR GALLERY, Women at Work Brooklyn, NY BEVERLY’S, Wendy Let Me In New York, NY RESONATOR GALLERY, Fire and Fury Norman, OK KEYSTONE ART SPACE, Two Person Show, Trash Talk Los Angeles, LA SCHAUFENSTER GALLERY, Paingame Berlin, Germany 2017 ALBANY PUBLIC LIBRARY, Interwoven Albany, NY THE MIDWAY GALLERY, Bow San Fran, CA SEARS PEYTON GALLERY, Light in the Dark New York, NY YALE UNIVERSITY, Branford College Gallery, Broad Stripes & Bright Stars New Haven, CT ARTSWESTCHESTER, Give Us The Vote White Plains, NY WAYFARERS GALLERY, Woven Brooklyn, NY AFFORDABLE ART FAIR, Fired Up, Melted Down New York, NY HARRIS ART GALLERY, University of La Verne, Unloaded La Verne, CA VERMONT STUDIO CENTER GALLERY, Bitter Candy Johnson, VT WOSKOB FAMILY GALLERY at Penn -
BIEFF 2018 Edition Catalogue
2017 THEME PROGRAMS Special Acknowledgments to all the filmmakers, producers and distributors whose films are screened in BIEFF 2018 and to the following persons and institutions: 4 Concept 64 BERLINALE SPOTLIGHT: Alessandro Raja – Festival Scope Corina Burlacu – Eastwards Joost Daamen – IDFA International Documentary Mirsad Purivatra – Sarajevo Film Festival 6 Festival Board FORUM EXPANDED Alexander Nanau – Film Monitor Association Cornelia Popa – Cinelab Romania Film Festival Amsterdam Monica Anita – TNT Alexandru Berceanu – CINETic Cristian Ignat – Canopy Juan José Felix – Embassy of the Republic of Natalia Andronachi – Austrian Cultural Forum 8 Festival Team 76 IDENTITY AND BELONGING: Adina-Ioana Șuteu – French Institute Bucharest Cristiana Tăutu – British Council Romania Argentina Natalia Trebik – Le Fresnoy Studio National des Alina Raicu – Embassy of Canada in Romania Cristina Niculae – Peggy Production Juhani Alanen – Tampere International Short Film Arts Contemporains SARAJEVO THEME PROGRAM Ana Agopian – CINEPUB Cristina Nițu – Fala Português Festival Nicolae Mandea – UNATC National University of 9 UNATC / UNARTE Presentation Ana Androne – Embassy of the Kingdom of the Cristina Petrea – Manekino Film Jukka-Pekka Laakso – Tampere International Theatre and Film Bucharest 84 A DUTCH PERSPECTIVE: Netherlands Dana Berghes – National Museum of Short Film Festival Paolo Moretti – Festival of Documentary Film 10 Partner Festivals ROTTERDAM THEME PROGRAM Ana Mișu – TH Hotels Contemporary Art MNAC Bucharest Kevin Hamilton - Embassy of Canada -
The Structure of Federal Public Defense: a Call for Independence
\\jciprod01\productn\C\CRN\102-2\CRN202.txt unknown Seq: 1 17-JAN-17 12:51 THE STRUCTURE OF FEDERAL PUBLIC DEFENSE: A CALL FOR INDEPENDENCE David E. Patton† Independence is a foundational requirement for any good system of public criminal defense. The Constitution guaran- tees anyone charged with a crime the right to a defense attor- ney regardless of ability to pay, and that attorney has the ethical obligation to provide a zealous defense, free from any conflicting outside influence. And yet the system of federal public defense is funded, managed, and supervised by the very judges in front of whom defenders must vigorously de- fend their clients. The arrangement creates serious constitu- tional, ethical, and policy problems. This Article proposes a solution: an independent federal defense agency. The agency proposed, the Center for Federal Public Defense (CFPD), would administer federal defenders’ offices, manage the system of appointed private attorneys, and seek funding from Congress for indigent defense services. In a criminal justice system that relies on its adversarial nature to function properly, it would be inconceivable to have judges decide who is hired in a prosecutor’s office, how much they should be paid, or how and whether prosecutors should investigate individual cases. It would be equally problematic to have the Judiciary act as the voice of the Department of Justice in Congress when explaining resource needs and seeking appropriations. And yet the Judiciary currently does all of those things with respect to the defense function. It should not, and the fix is straightforward: the creation of an independent defender organization. -
19 ASEF Summer University
19 th ASEF Summer University Sustainable Urbanisation in Heritage Cities The People of ASEFSU 9-21 August 2015 Symbiosis International University Pune, India #ASEFSU CO-ORGANISED BY SUPPORTED BY KNOWLEDGE TECH PARTNER PARTNER ASEF’s contribution is with the financial support of the European Union. 19th ASEF Summer University (ASEFSU) - Working Document The People of ASEFSU Draft as of 3 August 2015 The People of the 19th ASEF Summer University The Participants Heritage preservation in cities matters because... Ms Anjali ROBERTS Australia ... they are physical vestiges of our society’s dreams and fairytales. Ms Angelika KÖPF Austria ... it builds useful connection between experience and new development. Mr Syed Ahmad NAFISUL ABRAR Bangladesh ... it represents economic and social potential of sustainable regional development. Mr Benoît MASSET Belgium ... we learn from our history, such a motto is more than accurate. Heritage allows us to remember where we came from. 19th ASEF Summer University (ASEFSU) - Working Document The People of ASEFSU Draft as of 3 August 2015 Mr Khairul Hazmi ZAINI Brunei Darussalam ... it creates the sense of place and identity. Ms Veselina YONCHEVA Bulgaria ... we have to know our past, so that we can have a future. Mr Sokun THAY Cambodia ... it represents the soul, culture, tradition, history, economy, society and value of each nation. Mr Zihao CHENG China ... it is the evidence that we once existed. Mr Mateo GUDIĆ Croatia ... it makes the basis for identities of cities and its citizens. 19th ASEF Summer University (ASEFSU) - Working Document The People of ASEFSU Draft as of 3 August 2015 Mr Panagiotis CHATZIMICHAIL Cyprus .. -
Judge Thompson and the Appellate Court Confirmation Process
ESSAY JUDGE THOMPSON AND THE APPELLATE COURT CONFIRMATION PROCESS CARL TOBIAS∗ INTRODUCTION ............................................................................................... 727 I. DESCRIPTIVE ANALYSIS OF THE SELECTION PROCESS ........................ 728 A. The Obama Administration Selection Process ............................ 728 B. Judge Thompson’s Selection Process .......................................... 735 II. CRITICAL EVALUATION OF THE SELECTION PROCESS ......................... 739 A. Positive Aspects ........................................................................... 739 B. Negative Aspects .......................................................................... 741 III. SUGGESTIONS FOR EXPEDITIOUSLY FILLING THE OPENINGS .............. 744 A. Ideas Derived from Judge Thompson’s Process ......................... 744 B. The Executive Branch and the Senate ......................................... 745 C. The Executive Branch .................................................................. 746 D. The Senate ................................................................................... 748 CONCLUSION ................................................................................................... 751 INTRODUCTION Judge O. Rogeriee Thompson’s appointment to the United States Court of Appeals for the First Circuit was an historic moment, as she became the tribunal’s first African American member. The Senate confirmed her in five months on a 98-0 vote, more expeditiously than any of President Barack