January/February 2007 Visit us at www.nycla.org Volume 3 / Number 1

NYCLA’s 92nd Annual Dinner: Honoring Law Schools INSIDE IN HONOR OF BLACK HISTORY MONTH: ADELAIDE SANFORD TO RECEIVE IDA B. WELLS BARNETT AWARD

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MESSAGE FROM THE PRESIDENT From left to right: Catherine A. Christian, NYCLA President-Elect; The Cost of Richard J. Bartlett, William Nelson Complacency: An Cromwell Awardee; Edwin David Robertson, NYCLA President; and Historical John D. Feerick, Dinner Chair. Perspective

EDWIN DAVID ROBERTSON “Honoring Law Schools” was the theme of NYCLA’s 92nd Annual 5 Dinner held on December 12 at the Waldorf Astoria as 57 law schools located in 12 Northeastern states and the District of Columbia were recog- NYCLA PRESIDENT nized for their contributions to the rule of law. The Dinner Chair was TESTIFIES AT HEARING John D. Feerick, former Dean of the ON PROPOSED RULES Fordham University School of Law and Founder and Director of the Law OF CONDUCT FOR School’s Feerick Center for Social ADMINISTRATIVE LAW Justice and Dispute Resolution. The William Nelson Cromwell Award was JUDGES given to Richard J. Bartlett, principal at Bartlett, Pontiff, Stewart & Rhodes, P.C., and the event’s keynote 8 speaker was Hon. Joseph M. McLaughlin, United States Circuit Court Judge for the Second Circuit Court of Appeals. Mr. Robertson and Dean Feerick are surrounded by a group of law school deans. MEET THE CHAIRS In his opening remarks, Edwin David Robertson, NYCLA President, acknowledged law schools, calling them, supervise students in clinical programs and Emeritus, Touro Law Center; Frank J. “The first gatekeeper that we pass on our activities where students and practicing Macchiarola, Professor of Philosophy and 6 journey through this profession. They nur- lawyers meet in adversarial and other kinds Law, St. Francis College, Dean Emeritus, ture the ideals, excite the curiosity and of proceedings…. At the County Lawyers’ Benjamin N. Cardozo School of Law at sharpen the discipline that bring us all to the Association, 47 full-time faculty members Yeshiva University; Hon. Richard L. bar. For more than a century, the institutional are involved in its work.” (The full text of Ottinger, Dean Emeritus and Co-Director of impact of law schools has molded our pro- Mr. Feerick’s remarks is on page 11.) the Center for Environmental Legal Studies, NYCLA fession, shaped the law and conditioned the The members of the Honorary Dinner Pace University School of Law; Stuart AMERICAN INN expectations of those who join our ranks.” Committee were: Judith Areen, Paul Regis Rabinowitz, President, Andrew M. Boas and (The full text of Mr. Robertson’s remarks is Dean Professor of Law, Dean Emeritus, Mark L. Claster Distinguished Professor of OF COURT on page 11.) Georgetown University Law Center; Hon. Law, Dean Emeritus, Hofstra University; Recognizing the work and dedication of Joseph Bellacosa, Professor of Law, Dean and John E. Sexton, President, Benjamin law school faculty, Mr. Feerick said, “Law Emeritus, St. John’s University School of Butler Professor of Law, Dean Emeritus, faculty engage in path-breaking scholarship Law; Barbara A. Black, George Welwood New York University. 7 and other writings that require an under- Murray Professor of Legal History, Dean standing of areas of the law in which the Emeritus, Columbia Law School; Howard A. See Page 10 for more photos practicing bar is well versed. Other faculty Glickstein, Professor of Law, Dean of the Annual Dinner

January/February 2007 / New York County Lawyer 3

Notice of Meeting of the NYCLA CALENDAR OF EVENTS Events are subject to change; please check the Association’s website, Committee on Nominations www.nycla.org, for schedule changes and additions. In compliance with NYCLA By Laws conduct an open meeting to receive nomi- Article 11, Section 2, the NYCLA nation recommendations for officers and rules regarding arbitrator classification and the dig- FEBRUARY ital recording of arbitration hearings, proposed rules Committee on Nominations is hereby pro- directors on January 29, 3:30 p.m. at the SPECIAL EVENT: JUDICIAL regarding motions to dismiss, the arbitrators’ sole viding notice to the membership that it will Association. RECEPTION authority to issue subpoenas, payment of a $200 hon- Thursday, February 1 orarium to arbitrators when they issue contested sub- 5:45 PM poenas, representation of parties in arbitration and Janet Benshoof to be honored with Edith I. Spivack Award Place: NYCLA Home of Law – 14 Vesey Street mediation, and written explanations in arbitration FREE awards. A Q&A will follow the presentation. by Allison Slotnick Project for 15 years. She led national legal Honors Newly Elected, Appointed, Re-elected and movements to protect gender equality and Re-appointed State and Federal Judges MARCH Janet Benshoof, President and Founder of reproductive choices. Speaker: Assemblywoman Helene E. Weinstein, Chair of the New York State Assembly Standing SPECIAL EVENT: LIVE AUCTION the Global Justice Center and Founder of the For her internationally recognized work, Committee on Judiciary AND THIRD ANNUAL SILENT Center for Reproductive Rights, will be pre- Ms. Benshoof has received a MacArthur Special Recognition: Hon. John T. Buckley, AUCTION sented with the Edith I. Spivack Award by Foundation Fellowship and been named as one Former Presiding Justice, Appellate Division, First Wednesday, March 7 NYCLA’s Women’s Rights Committee at a the “100 Most Influential Lawyers in America” Judicial Department 5:30 PM reception on March 26 at 6:00 PM at the several times by the National Law Journal. Sponsors: Supreme Court Committee and the Place: NYCLA Home of Law – 14 Vesey Street NYCLA Home of Law. In her acceptance She taught international human rights law at her Criminal Court Judges Association Tickets: $20 RSVP: [email protected], Re: Judicial Reception remarks, she will speak about the global impact alma mater, Harvard Law School, as well as at The Live and Silent Auctions benefit NYCLA’s 2007 Summer Minority Judicial Internship Program, estab- of U.S. policies on reproductive rights. Bard College and in Burma, Thailand and Iraq. Please include your name, guests and telephone lished in 1989, which gives minority law students the Ms. Benshoof, an internation- As a student at Harvard, she founded a number. For more information, call 212-267-6646, opportunity to complement their law school career ally known human rights lawyer, women’s law association. ext. 228. with a paid summer judicial internship. has devoted her career to safe- The Edith I. Spivack Award was Sponsor: Minorities and the Law Committee guarding women’s rights. She established in 1997 to com- IN HONOR OF BLACK HISTORY RSVP: [email protected] has litigated cases across the memorate the 25th anniversary MONTH (For more information, please refer to the informa- tion below) nation as well as in the U.S. of NYCLA’s Women’s Rights IDA B. WELLS-BARNETT JUSTICE Supreme Court. As President of Committee and named in honor AWARD RECEPTION SPECIAL EVENT: EDITH I. SPIVACK the Global Justice Center, an of its founding chair. In 2005, Thursday, February 22 organization that seeks to use lit- Ms. Spivack was presented with 6:00 PM AWARD RECEPTION Tuesday, March 26 the Award. The first award was Place: NYCLA Home of Law – 14 Vesey Street igation strategies for securing 6:00 PM FREE women’s rights, Ms. Benshoof presented to New York State Place: NYCLA Home of Law – 14 Vesey Street works with female leaders of Chief Judge Judith S. Sponsors: Minorities and the Law Committee and the Metropolitan Black Bar Association FREE Honoree: Janet Benshoof, Founder of the Global Justice transitional democracies. In Kaye.Other past honorees have RSVP: [email protected], Re: Wells-Barnett Center and of the Center for Reproductive Rights August, the Center trained Janet Benshoof been: Hon. Betty Weinberg Reception Judges of the Iraqi High Tribunal Ellerin, Appellate Division, Sponsor: Women’s Rights Committee (For more information, please refer to the article on PUBLIC FORUM: THE 8TH ANNUAL on international law and gender rights. First Department; Susan B. page 3.) In 1992, Ms. Benshoof founded the Center Lindenauer, former Counsel to the President NASD LISTENS... AND SPEAKS for Reproductive Rights (formerly known as the and Attorney-in-Chief, The Legal Aid Monday, February 26 5:00 PM COMING UP IN MARCH Center for Reproductive Law and Policy), the Society; Congresswoman Carolyn Maloney; Place: NYCLA Home of Law – 14 Vesey Street first international human rights organization Hon. Karla Moskowitz, New York State FREESpeakers: Elizabeth R. Clancy, Esq., Vice LUNCHEON: NATIONAL WOMEN’S focused on protecting reproductive rights. The Supreme Court, First Judicial District; Kay President, NASD Dispute Resolution, and Director, HISTORY MONTH ANNUAL LUNCHEON advocacy group quickly gained a worldwide Crawford Murray, former General Counsel Northeast Regional Office, and Katherine M. Bayer, In March, NYCLA’s Civil Court Practice Section will pre- reputation, as it obtained consultative status to of the New York City Department of Esq., Deputy Director, Northeast Regional Office, sent its annual luncheon and pay tribute to Hon. Juanita the United Nations and launched legal projects Juvenile Justice; Kathy Rodgers, President, NASD Dispute Resolution Bing Newton, Judge, Court of Claims, Administrative Moderator: Martin L. Feinberg Judge, Criminal Court of New York City, and Deputy in over 40 countries. Ms. Benshoof retired from Legal Momentum; and Judith Vladeck, Sponsor: Arbitration and ADR Committee Chief Administrative Judge, Justice Initiatives. Hon. the organization in 2001 and is now President founder of Vladeck Waldman Elias & Co-Sponsors: Labor Relations and Employment Law Jonathan Lippman, Judge, Court of Claims and Chief Emeritus. Engelhard, PC. Committee and Securities & Exchanges Committee Administrative Judge, Office of Court Administration, Prior to founding the Center for Ms. Clancy and Ms. Bayer will discuss new initia- will present Judge Bing Newton with the award. More Reproductive Rights, Ms. Benshoof served Ms. Slotnick is the Communications tives, including: the discovery arbitrator pilot, new details will be available in the March issue. as the Director of the American Civil Assistant at the New York County Liberties Union Reproductive Freedom Lawyers’ Association. Celebrating NYCLA’s Centennial: Share stories about NYCLA and your family Do you come from a long line of NYCLA members? Did you hear stories about NYCLA’s ear- lier days as you were growing up? To celebrate NYCLA’s upcoming Centennial, the New York County Lawyer will feature a monthly column, which will debut in April, exploring different facets of the Association’s rich history. If you have stories to share, contact Anita Aboulafia, Communications Director, at [email protected] or 212-267-6646, ext. 225.

TABLE OF CONTENTS

Adelaide Sanford to receive Ida B. Musicians From Marlboro…4 Wells Barnett Award…4 NYCLA American Inn of Court...7 Book review of Celebrating the NYCLA Announces Modest Dues Courthouse...6 Increase…4 Brooklyn: the Democratic Law NYCLA Archives...17 School…4 NYCLA’s 92ND Annual Dinner: CLE Programs...13 Honoring Law Schools…10 CLE Tech Programs...16 Remarks of Edwin David Calling All NYCLA Authors...17 Robertson…14 Celebrating NYCLA’s Centennial…3 Remarks of John D. Feerick...11 Committee Membership...4 NYCLA President Testifies at Hearing Ethics Hotline...17 on Proposed Rules of Conduct for Events Calendar…3 Administrative Law Judges...8 Justice Resource Center seeks lawyers New Home for Your Unwanted for mock trial competition...17 Books...16 Janet Benshoof to be honored with Northeast Business Law Center at Edith I. Spivack Award…3 NYCLA...6 Library Notes...16 Notice of Jan. 29 Nominating Managing Your Law School Debt…4 Committee meeting...3 Meet the Chairs...6 Past Events...16 Member News...8 Post Job Openings on NYCLA.org…4 Message from the President…5 Practice of Law Series...17 Metropolitan Museum Concert Substance Abuse Hotline...17 Series...12 4 January/February 2007 / New York County Lawyer Brooklyn: the Democratic Law School NYCLA announces modest dues increase by Katharine L. Wells having a strong voice in the legal commu- nity, so is the distinguished faculty of The Association announces a modest increase of $5.00 or less in all membership cat- Brooklyn Law School and the New York Brooklyn Law School known for its active egories below, except where indicated. NYCLA works to keep dues increases to a County Lawyers’ Association (NYCLA) involvement in legislative policymaking, its minimum but costs continue to rise steadily and a small increase is necessary. We share similar histories and enjoy a close rela- books and articles, and its assistance to the appreciate your continued support. tionship. NYCLA is known as the City’s courts in resolving complex cases. Below is the new annual schedule, effective April 2007. great democratic bar association and Yet the close relationship between Brooklyn as the City’s democratic law Brooklyn Law School and NYCLA is more Category Law Student $25 (no change) school. Since its founding in 1901, Brooklyn than philosophical. Nearly 900 of Admitted less than 1 year complimentary (no change) NYCLA’s members are students or gradu- Law School has welcomed students regard- Admitted 1 to 3 years $110 less of race, ethnicity or gender just as ates of Brooklyn Law School, more than Admitted 4 to 6 years $165 NYCLA has welcomed all attorneys. from any other school of law. Collaboration Admitted 7 to 9 years $245 Particularly in the 1920s and 1930s, the Law between the Association and the Law Admitted 10 to 12 years $320 School became well known for its openness School has produced creative programming Admitted 13+ years $398 to students who could not afford to attend to support Brooklyn Law’s student body. Sustaining Member $550 (no change) more elite schools or who were denied entry On February 7, NYCLA will repeat its pop- Associate Member $160 to them due to discriminatory admission ular mock interview program at the Home Public Sector Discount 60 percent discount* (no change) practices. Brooklyn Law School also created of Law, where NYCLA attorneys will pro- *Discount is on categories Admitted 1-13+ years. a curriculum that welcomed law students vide important feedback to current with diverse needs. Its evening program Brooklyn Law students. thrived during the Great Depression, helping The dean of Brooklyn Law School, Joan Musicians from Marlboro to boost enrollment to over 1,500 students. G. Wexler, was among those honored at the nd NYCLA members are invited to the 42nd season of Musicians from Marlboro at the After World War II ended, the Law School Association’s recent 92 Annual Dinner. Metropolitan Museum’s Grace Rainey Rogers Auditorium on Friday, March 30, 2007 at 8:00 created a refresher law program for returning Dean Wexler became the first woman to PM. Tickets under this offer are $25 (regularly $40) and include free admission to the veterans, which similarly helped enrollment head the Law School and among the first Museum. Members are also invited to a free wine & cheese reception with the artists after grow after a low point during the war. women law school deans in the country the concert to be held at the Goethe Institute at 1014 Fifth Avenue (across from the Met). To Today, Brooklyn Law’s curriculum com- when she was appointed in 1994. Today, take advantage of this discounted ticket offer, please contact Julia Lin at 212-581-5197, ext. bines traditional courses with innovative Brooklyn Law School and NYCLA share a 12 or [email protected] and provide your NYCLA ID number. professional skills training. It was one of the commitment to advancing the legal profes- Harbison—”Twilight Music” for Horn, Violin, and Piano first law schools in the country to create a sion while ensuring its benefits are open to Ravel— String Quartet in F Major all members of the community. clinical program, which today is one of the Stravinsky—Concertino for String Quartet nation’s most diverse and comprehensive, Brahms—Trio in E flat Major for Horn, Violin, and Piano, Opus 40 enabling students to represent actual clients Ms. Wells is the Membership Program while learning the art and craft of the law. Assistant at the New York County Save the Date! The final concert of this season will be held on May 11, 2007. Just as NYCLA’s members are known for Lawyers’ Association. Post job openings on NYCLA.org – at no cost! COMMITTEE MEMBERSHIP Are you looking for a qualified lawyer to fill a position? NYCLA will post your job on its Membership on NYCLA committees is open and free to all members. Committees cover members-only website, making it visible to over 8,800 attorneys and law students. Simply email your job description, including instructions on how to apply (please send every aspect of legal practice and are a great place to network and learn in a friendly, sup- as an attachment, preferably in PDF format) to [email protected]. If you have any questions, portive environment. To join, go to www.nycla.org, enter your member info and click on please call Katharine at 212-267-6646, ext. 209. “Join a Committee” or call Diana Kosanovich 212-267-6646, ext. 213. In Honor of Black History Month: New York County Lawyers’ Association Adelaide Sanford will receive Ida B. Wells-Barnett Justice Award by Allison Slotnick school. For this feat, the New York State Chapter of the NAACP recognized the Managing Your Law School Debt Adelaide Sanford, Vice Chancellor of the school and Ms. Sanford’s work. Her other Board of Regents, will receive the fifth annual leadership roles have included serving as Ida B. Wells-Barnett Justice Award on Chairperson of the First International Do you understand your financial responsibilities? February 22. The Award ceremony will take Conference on the Education of Black place at the NYCLA Home of Law beginning People and President of the New York Are you wondering how long it will take at 6:00 PM and is co-sponsored by NYCLA Association of Black School Supervisors. to repay your student loans? and the Metropolitan Black Bar Association Ms. Sanford has degrees from Brooklyn (MBBA). The award is named in College, Wellesley College and Learn how to make your money last honor of Ida Wells-Barnett, an Fordham University. From her African-American civil rights alma maters, she has been hon- as a law student! advocate who adamantly fought ored with the first Distinguished Get information on recordkeeping, increasing resources, against segregation and in sup- Black Alumna Award from the cutting expenditures and limiting credit card debt. port of women’s rights. African Studies Department at After serving as a Member- Wellesley and the Distinguished At-Large on the Board of Alumna Award from Brooklyn Regents since 1986, Ms. College. She has also received Join us Sanford was elected to her cur- honorary doctorates from three rent position of Vice colleges and an annual scholar- Tuesday, February 13, 2007 at 6:00 PM Chancellor in 2001. She was ship was established in her re-elected to an additional name at Five Towns College. Home of Law Adelaide Sanford 14 Vesey Street three-year term in 2004. In her Past recipients of the Ida B. Wells-Barnett Justice Award (between Broadway and Church Street) time on the Board of Regents, she has chaired committees on low-per- have been the late Cora T. Walker, one of the forming schools, higher education and the first prominent African-American women Jennifer C. Trauman performance gap among New York State attorneys in New York State; Kay C. Murray, former General Counsel of the New York Account Executive, Access Group, Inc. schools. As Chair of the Committee on Low Performing Schools, Ms. Sanford vis- City Department of Juvenile Justice; Elaine ited each low-performing school in the R. Jones, former President and General State and produced “Perform or Perish,” a Counsel, NAACP Legal Defense and report published by the New York State Educational Fund, Inc.; and Congresswoman Department of Education. Eleanor Holmes Norton. This program is free and open to all NYLCA members and potential members. Under Ms. Sanford’s leadership as Principal, P.S. 21, the Crispus Attucks Ms. Slotnick is the Communications RSVP: [email protected] or call Katharine at 212-267-6646, ext. 209. School, obtained the highest reading Assistant at the New York County scores of any urban New York State Lawyers’ Association. January/February 2007 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT Edwin David Robertson New York County Lawyers’ Association 14 Vesey Street The Cost of Complacency: An Historical Perspective New York, NY 10007-2992. Phone: (212) 267-6646 Recently, the County Lawyers co-sponsored least on paper, the tangible blessings of liberty sented the perpetuation of ignorance as an affir- Fax: (212) 406-9252 a program on the Dred Scott decision at The and citizenship. Yet, after the economic panic mative social policy calculated to provide an New-York Historical Society. It brought of 1873, the Republican Party’s political for- inexpensive and (perhaps more importantly) together Gregory Wallance, author of Two Men tunes started to wane and most Americans immobile labor supply. Edwin David Before the Storm, Carla Peterson, an English began to turn their eyes whenever some politi- Still, the rest of America remained indifferent Robertson professor at the University of Maryland, and cian waved what was then called the “bloody to the developments in Dixie. Northerners President Paul Finkelman, a law professor at Albany Law shirt.” Let us remember that the term “bloody devoted their attention to the more exciting School. The program rekindled memories from shirt” graphically refers to the Civil War sacri- prospects of profit from the Gilded Age’s Sophia J more than 40 years ago when I first read Scott v. fice by the Union’s young men in the cause of growing commerce. The railroad boom and the Sandford authored by Chief Justice Roger B. freedom and unity. By the 1870s, Americans lure of the developing West captured people’s Gianacoplos Taney (now more fondly remembered for had grown weary of hearing this call to patrio- imagination. As Grant’s presidency ended in Executive Director upholding the writ of habeas corpus in Ex tism or being reminded of those who gave what 1877, the Redeemers became free at last to insti- parte Merryman in 1861). As a practical matter, Lincoln called “the last full measure of devo- tutionalize their political resurgence. By 1878, Lucas A. Ferrara Scott v. Sandford reaffirmed the condition of tion” in the name of liberty. Congress itself had further enabled the process Chair, Newsletter chattel slavery that existed in our Southern Sensing the nation’s changing mood, polit- by enacting the Posse Comitatus Act. That states, regardless of whether an individual had ical opportunists in the South seized the occa- statute rendered the United States military impo- Editorial Board ever resided in a free soil state. As a legal matter, sion with tactics both subtle and outrageous. In tent as an instrument for enforcing local law any- Marilyn J. Flood the issue before the court was simply whether the early days of the Grant administration, where in the United States, except when a state’s diversity of citizenship existed between the par- Federal troops had been dispatched to suppress governor specifically requested aid from the Counsel to NYCLA ties to the suit. Yet, the court’s decision went far the atrocities of white supremacists who President. That statute is still on the books. Executive Director of beyond that narrow question by declaring that resented not only the fact of the Confederacy’s By the 1880s, the Supreme Court began the NYCLA Foundation Scott himself could not be a citizen of any state military defeat but also the reality of equal adopting a restricted view of the Reconstruction because of his condition of servitude. As a political rights for the new freedmen. By 1874, Amendments. One of the first casualties was the Anita Aboulafia matter of constitutional jurisprudence, it prob- such Southern Congressmen as Lucius Lamar Civil Rights Act of 1875, which the Court struck ably represents one of the most “activist” deci- began to urge the North to withdraw Federal down in the 1883 Civil Rights Cases, holding Editor sions in American judicial history. Its pernicious troops, to make a lasting peace with the South that Congress lacked the power to prevent “pri- Director of Communications mark on American law was erased only by the and to restore the political rights of the movers vate” discrimination permissible under state law. three Reconstruction Amendments ratified soon and shakers of Secession. (Let us also recall that Those cases have never been overruled, and they Allison Slotnick after the end of our Civil War. Yet, the last two Section 3 of the Fourteenth Amendment prohib- were actually the authority used by United Communications Assistant of those amendments quickly became moribund ited former Confederate sympathizers from States v. Morrison to strike down the Violence for more than seven decades. That fact raises the holding political office without specific exemp- Against Women Act just six years ago. Shirley Bracken question, “How was the ghost of Dred Scott tion from Congress itself.) In the Congressional The point of this column is not to re-fight the reborn in the guise of Jim Crow within only a elections of 1874, the nation began to accept the Civil War or to rehash Reconstruction; rather, Advertising Manager generation?” Many people answer that question invitation from Lamar and his cohorts, when this message is a reminder about the cost of Long Island Business News by referring to the 1896 case Plessy v. almost 100 seats changed hands in the United complacency. It took this country almost 75 Ferguson, which enabled local segregationist States House of Representatives. The abolition- years to undo the nation’s rejection of 631-913-4262 laws until the landmark 1954 ruling in Brown v. ists in Congress were turned out of office. Reconstruction. During that time, the stench of Copyright © 2007 New York Board of Education. On a local level, such groups as the White racism spread beyond its source and fouled the County Lawyers’ Association. That answer has never seemed satisfactory Liners in Mississippi began to arm themselves, fabric of society. Only in the most recent gener- All rights reserved. New York County Lawyers’ Association to me. It does not explain the widespread segre- to intimidate the largely rural population of ation have a majority of Americans come to grants permission for articles and gationist patterns in states where the freedmen freedmen and to murder those reject the segregationist principles other material herein or portions constituted an enormous part of the population. who opposed them. Lehman’s that fed upon themselves after thereof to be reproduced and distributed for educational or Nor does it explain the general national accep- Redemption details these tactics Reconstruction. Despite the out- professional use through direct tance of state-sanctioned segregation that pre- in rural Mississippi with a chilling ward rejection of those precepts, contact with clients, prospective clients, professional colleagues vailed both before and after it was blessed by bluntness. He calls it what it was: their effects persist. and students provided that such Plessy. So what went wrong - - and more Terrorism. The effects of de jure segregation use shall not involve any matter importantly, could it happen again? Although reports of Southern have lingered long after the laws for which payment (other than legal fees or tuition) is made This raises a compelling moral issue that all atrocities circulated throughout that caused them were repealed or and provided further that all people of integrity are drawn to answer. the country in the 1870s, the rest struck down. Today we still see reproductions include the name Recently, Nicolas Lehman, Dean of the of America grew indifferent to the de facto segregation in the dimin- of the author of the article, the copyright notice(s) included in Columbia University’s Journalism School, pub- former bondsmen’s plight. ished opportunities for housing, the original publication, and a lished a book entitled Redemption. Knowing Systematically they were politi- schools and jobs confronting notice indicating the name and date of the Association publica- that Dean Lehman grew up in the South, I cally marginalized through vio- descendants of the intended bene- tion from which the reprint is sensed that he too struggled with this question. lence and threats. After ficiaries of Reconstruction. As made. Subscription rate: $10.00 Although Dean Lehman is not a professional Mississippi changed its political stripes, the lawyers we are quick to discern de jure injus- per year for non-members historian, his book reflects a mature insight remaining Southern states followed, falling like tices and rally opposition against the decisions New York County Lawyer is enriched by a writing style honed by his jour- dominoes, as the antebellum political elite or statutes that offend the principles of equal published monthly (except nalistic career. His book helped me better reestablished domination over state and local justice and opportunity. But we need to do January and August) for $10 understand how Dred Scott metamorphosed offices. That resurgent minority styled them- more and remain alert to the effects of past per year by New York County into Jim Crow. selves with such benign names as “Redeemers” legal errors and injustices. NYCLA’s historic Lawyers’ Association, 14 Vesey Most of our country’s Northern residents are and “Re-adjusters,” who claimed only to be cor- mission of inclusion requires us to discern the Street, New York, NY 10007. Periodicals postage paid is mailed unfamiliar with Reconstruction itself and the pas- recting the excesses of the Republican continued effects of past injustices committed at New York, NY and additional sive role played by that era’s silent majority. We Carpetbaggers and Scalawags who had retarded under the aegis of the law and to seek their mailing offices. POSTMASTER: must never forget that it was that very passivity the South’s post-war rebuilding efforts. amelioration. When we speak up for diversity Send address changes to: New that enabled Jim Crow’s conception and birth. It is important to remember that during the and inclusion, we know that meaningful legal York County Lawyer, 14 Vesey For almost eight years after the brief period of Reconstruction success, those reform requires even more effort to implement Street, New York, NY 10007-2992. Confederacy’s capitulation at Appomattox, who came to power in the South were wise than to secure. When we remind the bar to sup- USPS #022-995 America’s new freedmen shouldered the enough to discern that free and effective public port our pro bono programs, we know that the ISSN: 1558-5786 responsibilities of citizenship both as voters and education was the best way to revamp the social promise of “equal access to justice” is an $10.00 of membership dues as officeholders throughout the South. In the order and relieve the South’s economic poverty empty one without a trained guide – a lawyer – is deducted for a one-year Deep South, the new freedmen constituted an and ignorance. The local white populations to usher a person through the labyrinth of the subscription to the New York active and substantial component (indeed, a resented that solution as not only too costly but law. History teaches us that it may be easy to County Lawyer. majority in Mississippi and Louisiana) of the also profoundly threatening to the continued eradicate a specific evil, but it is always more electorate. Not unsurprisingly, they faithfully maintenance of the inexpensive gang labor difficult to erase the effects of that evil. We Photo Credits: voted for the party of Lincoln that had assumed required to sustain the sort of agricultural enter- must never turn from that task, because the per- Anita Aboulafia the political burdens of both fighting an unpop- prises on which the antebellum political and nicious effect of every wrong will inevitably ular war of liberation and adopting the three economic structure had rested. To put the point revisit its cause upon us unless we sustain the Reconstruction Amendments that guaranteed, at in blunt terms, the creation of Jim Crow repre- vigilance and will to resist it. 6 January/February 2007 / New York County Lawyer

M EET THE C HAIRS by Allison Slotnick Task Force on on the Hotline is being reduced from one and proposed legislation. Corporate month to two weeks so that more committee As Chair of the Government Counsel We are continuing our series of profiling Responsibility, members can participate in staffing. Mr. Committee, Mr. Finkelman encourages guest newly appointed committee and section chairs which educates the Temkin wants to expand the committee’s speakers to share their experiences as counsel and co-chairs. Below are three profiles. legal community and membership, including attracting “younger for government entities. Deputy Mayor Carol general public on lawyers who are interested in learning about Robles-Roman, Anthony Crowell, Counselor issues regarding ethical issues and giving back to the legal to the Mayor, and Phyllis Arnold, Deputy Jason Beckerman those who work for community by their volunteer work on the Commissioner of Legal Affairs at the Member, Cozen O’Connor or represent the non- committee.” In the next year, the Committee Department of Buildings, have all spoken at Co-Chair, Insurance Law Committee profit sector. will increase the number of ethics opinions it recent Committee meetings. The Committee As a member at Cozen O’Connor, Mr. The Non-Profit issues and expects to “sponsor a number of also discusses proposed legislation relating to Beckerman specializes in mass tort cases, such Organizations CLE programs on ethical issues, including a government counsel. as those involving Committee will Lester Nelson seminar on the new advertising rules sched- Prior to his appointment as Deputy catastrophic injuries, jointly sponsor a uled for January 31.” Comptroller, Mr. Finkelman served as First construction site CLE program with the City Bar on non-profit When not practicing or teaching law, Deputy Commissioner and General accidents and prod- organizations in the spring. The Committee is Mr. Temkin plays guitar for “Daniel and the Counsel to the New York City Department ucts liability cases currently working on two reports, one on the Ray Tones, ”a rockabilly band. He is a of Administrative Services. He was integral and toxic exposure recent amendments to the New York Not for graduate of the University of Pennsylvania in preparing and executing policies on the claims. He often Profit Corporations Law and another on a pro- Law School. administration of the Civil Service Law and lectures on changes in posed revision of the Not For Profit the leasing, acquisition and disposal of real New York law and on Corporations Law. property. techniques for Mr. Nelson is a graduate of Harvard Law Lewis Finkelman named Deputy In almost 16 years in the New York City defending liability School and received his LL.M. from New Comptroller for Legal Affairs and Corporation Counsel’s office, Mr. Finkelman lawsuits. Prior to York University. served as Chief, Deputy Chief and Senior joining Cozen General Counsel Jason Beckerman Lewis Finkelman, Chair of NYCLA’s Litigator of the Commercial and Real Estate O’Connor, Mr. Litigation division, and Assistant Chief and Beckerman was an Barry Temkin Government Counsel Committee, has been appointed Deputy Comptroller for Legal Assistant Corporation Counsel for associate in the Smith Mazure Director Wilkins Senior Trial Counsel, Law Offices of Commercial Litigation. He is a graduate of Young & Yagerman’s litigation practice group. Affairs and General Counsel by New York Edward Garfinkel City Comptroller William C. Thompson Jr. Brooklyn Law School. Mr. Beckerman, who serves as co-chair of Co-Chair, Professional Ethics the Insurance Law Committee (until recently, In his new role, which he assumed on Committee NYCLA had a combined Insurance and Health December 4, Mr. Finkelman advises the Ms. Slotnick is the Communications Mr. Temkin serves Law Committee), says that the committee Comptroller on legal matters including Assistant at the New York County as senior trial counsel “works to create an environment where the municipal finance, pension funds, litigation Lawyers’ Association. for the Law Offices members can rely on one another as resources of Edward Garfinkel, and acts as a source of continued education concentrating on pro- within the insurance field.” In the coming year, fessional liability he hopes to partner with other NYCLA com- defense litigation and mittees to provide panel discussions, lectures The Northeast Business securities arbitration. and CLE programs to members. He is also an adjunct Mr. Beckerman is a graduate of the Hofstra professor at New University School of Law and delivered a York Law School, Law Center at NYCLA keynote speech on leadership at his alma where he teaches Barry Temkin mater, Wheaton College. courses on legal mal- practice and the legal profession. He was a vol- by Arthur Norman Field have been held in New York City; one was Lester Nelson unteer with Trial Lawyers Care and provided held in Wilmington, Delaware. One topic Law Offices of Lester Nelson pro bono representation before the federal Every day those in the business com- is covered informally at each three-hour Chair, Non-Profit Organizations Victims Compensation Fund to families of the munity conduct activities that span the meeting. Each meeting is scheduled to let Committee victims of the September 11 attacks. country and the world. In doing so, they the many travelers return home the same Mr. Nelson is a solo practitioner who spe- Along with co-chair Wally Larsen, Mr. give only the most modest attention to evening. Discussion topics have included cializes in wills, trusts and estates, and non- Temkin is working to expand the NYCLA national and state borders as they do not the following: (1) future availability of lia- profit organizations. In addition to serving as ethics hotline, which provides free, confiden- see themselves as constrained by these bility insurance; (2) fiduciary duty cases; chair of the Non-Profit Organizations tial advice to lawyers with ethical questions. borders. The business law practice nec- (3) director responsibility; and (4) suits Committee, he is a member of the NYCLA The length of time committee members serve essarily follows the activity of clients. against lawyers and law firms, other than Thus it is national and international in its those based upon malpractice. BOOK REVIEW scope; at the same time it is highly sensi- In the spring the NEBLC Advisory tive to state and national law. Board will have a meeting on Lawyers as by Isabel Abislaiman this book are among the leaders of courthouse The Northeast Business Law Center Gatekeepers. It will be led by member architecture today. (NEBLC) at NYCLA is now in its third Professor George Cohen of the University Celebrating the Courthouse, edited by The cover reveals that something year. NEBLC facilitates a broader lawyer of Virginia Law School. “Gatekeeper” Steven Flanders refreshing is happening in the way architects, view of the legal world that fits with the means different things to different people. lawyers and the public are looking at this type broader client view of the business world. Can we find common ground in defining Celebrating the Courthouse is an of building and what is supposed to happen in Business lawyers influence the effect of it? If we can, can we find common ground it, as if not just beauty, but a new sense of jus- anthology of essays covering everything an state law in a variety of ways. The most in determining what to do about it? architect should consider about how judges, tice, democracy and fairness is in the eye of common of these is suggesting the use of Lawyers work in a complex environ- lawyers, court personnel and individuals feel these beholders. ment, subject to criminal and civil liability, and what they need to accomplish when they Some authors are advocates for restoration entities formed in states other than the home inhabit a courthouse. Flanders demonstrates and renovation of historic courthouses, which state. Another is suggesting the application professional discipline and ethical rules. his editorial talent in selecting and organizing typically dominate the landscape of town of the law of other states to contracts that They owe loyalty to their clients. That these essays to ably synthesize the role of squares. Others relish the physical and have modest or even no contact with the approach has an important social function imagery that conveys the lofty ideals of law metaphorical dimensions of new building home state (e.g., Delaware corporations that has proved its worth. How much and democracy and the practical aspects of materials and design requirements such as with contracts governed by New York law responsibility to the public is appropriate? building a structure with such aspirations. glass walls to represent judicial transparency with their principal office in Connecticut). Outside lawyers tend to know less about Through these essays, including his own, and openness and the removal of barriers to While these are everyday arrangements for their clients as specialization increases. Flanders makes a case that “it remains pos- the physically disabled as literal symbols of most business lawyers, there has been little When we speak of “gatekeeping” are we sible to restate the centrality of the adminis- accessibility. In his essay, Spencer Byard or no contact among the state business law talking about new duties in a new environ- tration of justice in a bewildering variety of states, “Old architecture lives most and best, bars, even in nearby states. ment or rethinking the current rules? styles and settings.” not fossilized in restoration, but at work in The NEBLC Advisory Board has mem- The very heavy participation by Flanders dedicated this book to Daniel combination with new architecture meeting bers from New York, Delaware, New Delaware judges and lawyers recog- Patrick Moynihan, who fervently advocated human needs.” Jersey, Massachusetts, Virginia and nizes the unique and growing impor- the official departure from traditional federal The book also addresses the issue of Georgia. Its co-chairs are the Chief Justice tance of that jurisdiction in business architecture and after whom the U.S. District building location. The authors provide some of Delaware, Myron Steele, and Judge transactions across the country. For Courthouse on Pearl Street in New York City practical guidelines for architects to solve Robert Smith of the New York Courts of example, disputes involving New York was named. Contributors to this book include site problems, but also discuss the challenges Appeals. The Center is a unique place for contracts may be heard in Delaware if Justice Stephen Breyer and Judge Douglas P. of keeping the symbolic identity of the cour- lawyers, judges and law teachers to talk Delaware entities are involved. The thouse when the location is in a “residual” Woodlock, both of whom were actively about issues that affect business lawyers, Delaware courts have traditionally involved in the Boston federal courthouse urban site. Leers proposes that the nature of particularly those in the Northeast. been important in defining the gover- project, and architect Andrea Leers, who has the location should guide the design process, won several national awards for her designs of while Judge Woodlock argues that the court- Most of the Advisory Board meetings See NORTHEAST, page 14 federal courthouses. No doubt, the authors in See BOOK REVIEW, page 14 January/February 2007 / New York County Lawyer 7 NYCLA American Inn of Court: the first NYC chapter continues to flourish by Allison Slotnick I do everyday,” he said. Inn also reaches out to local area law fastest growing legal organization in the Inn members are divided into teams as schools and encourages students to attend country. There are currently 20,000 state, Thirteen years ago, NYCLA became a way to promote kinship. Seven teams the meetings. federal and administrative law judges, home to the 200th American Inn of Court. meet regularly and prepare programs for Members are expected to attend the attorneys, legal scholars and law students The chapter, which emphasizes develop- the Inn’s monthly meetings, which are monthly meetings and pay annual dues, in the American Inn system. The English ment of ethics and professionalism within held throughout the City at various loca- which are based on their level of mem- Inns of Court evolved out of King an intimate mentoring community, was tions such as courthouses and law firms. bership, in order to maintain active status. Edward I’s desire for trained advocates in the first of its kind in New York City. Due In March, for instance, one team will Among the many benefits to Inn member- the Westminster Royal Court in 1292. to the success of the NYCLA chapter, conduct a program on the ethics rules’ ship is that members have an opportunity From this need came a formal organiza- three more New York City chapters have guidelines for the use of dissembling to to participate in Inn events in England. tion for honing lawyers’ skills through since followed suit. obtain information. Past programs have James B. Kobak Jr., NYCLA Director interaction with a diverse group of expe- Members represent a diverse cross included: “How will it look on the 6:00 and Partner, Hughes Hubbard & Reed rienced law professionals. section of the legal community to pro- news?,” a presentation on ethical consid- LLP, initially conceived of a NYCLA Over 600 years later, in 1977, after mote a wide range of discussion and erations and strategies for dealing with chapter after attending some programs on traveling to England, Chief Justice learning opportunities. There are four the media in high-profile cases, and “Do professionalism and career dissatisfac- Warren E. Burger found that the Inn levels of membership within the Inn: you want to start your own law firm or tion. He is currently secretary of the Inn. system had left a lasting impression on Masters of the Bench — judges, experi- perhaps make some changes in your cur- With the help of former NYCLA him. The first American Inn was founded enced lawyers and law professors; rent practice?,” which provided members President Denis McInerney, Cahill in 1980 in affiliation with the J. Ruben Barristers — experienced lawyers who with tips on building and expanding a Gordon & Reindel LLP, Hon. Ernst Clark School of Law at Brigham have not achieved the same level of expe- practice. Rosenberger, now Of Counsel, Stroock & University in Utah and in 1985, the rience as Masters; Associates — lawyers The presentation of a team’s program, Stroock & Lavan LLP, and another American Inn of Court Foundation was who have practiced for five years or less; which includes the demonstration of former President, Boris Kostelanetz, formally organized. and Pupils — third-year law students. practical legal skills as well as a discus- Founding Partner of Kostelanetz & Fink, If you have membership inquiries According to official bylaws, Inn mem- sion of the topic, is the core of the the Inn of Court at NYCLA was estab- about the NYCLA chapter, contact Hon. bership must not exceed 80 members as a meeting. Following the program, mem- lished. Robert L. Haig, who was Laura A. Ward, the chapter’s President, at way to maintain the close-knit nature of bers ‘break bread,’ creating an informal President of NYCLA at the time, was also [email protected]. For more infor- the group. Mitchell Wong, Of Counsel to environment for less experienced lawyers integral to the Inn’s founding. In June mation about the American Inns of Court, Morrison & Foerster LLP and the Inn’s to speak with more experienced profes- 1993, the NYCLA Inn received its offi- visit www.innsofcourt.org/. Program Chair, said that it was the diver- sionals over dinner. cial charter and on October 21, the inau- sity of the membership that attracted him. For the last two years, the general gural meeting was held. Ms. Slotnick is the Communications “I joined the Inn to gain a perspective of public has been invited to attend the The American Inn of Court, which is Assistant at the New York County the law beyond the narrow focus of what monthly presentations free of charge. The patterned after the English version, is the Lawyers’ Association.

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220 Fifth Avenue • New York, NY 10001 • Tel.212.684.3399 20 Crossways North • Woodbury, NY 11797 • Tel.516.364.3390 www.gmslny.com 8 January/February 2007 / New York County Lawyer NYCLA President testifies at hearing on proposed Rules of Conduct for Administrative Law Judges Edwin David Robertson, NYCLA goal: “All administrative tribunals must tiality,’ it does not require ‘judicial Robertson’s words, “… contain the President, testified on January 4 at a have the highest standards of adjudica- independence.’ As a practical appropriate restrictions regarding ex hearing on the Proposed Rules of tory practice to ensure that disputes con- matter, impartiality cannot exist parte communications and use of ALJ’s Conduct for Administrative Law Judges tinue to be resolved fairly, impartially, without independence. rulings or decisions to determine the (ALJ) and Hearing Officers of the City of efficiently and consistently.” Mr. Robertson’s second recommenda- ALJ’s salary, promotions, benefits and New York at the Office of Administrative tion was to broaden the prohibitions on the like, and require that each agency Trials and Hearings (OATH). In his NYCLA Recommendations ex parte communications. He explained, responsible for administrative adjudica- opening remarks, Mr. Robertson com- Mr. Robertson outlined six recommen- “The fact that any ex parte communica- tion develop an administrative adjudica- mended the City Administration for “its dations to the Proposed Code at the tion between a tribunal administrator and tion plan that would be subject to public efforts to address longstanding problems hearing based on a report prepared by the a per diem CALJ is allowed in a pending notice and comment and would be that have existed in the administrative ALJ Subcommittee, chaired by Thomas case, coupled with the fact that agencies required to be implemented by a certain law judicial process in this City, [which] V. Marino of NYCLA’s Task Force on charged with the enforcement of regula- date.” include a lack of fundamental safeguards Judicial Selection, chaired by Rosalind S. tions have control over the hiring of Finally, Mr. Robertson recommended: to ensure the competence, fairness and Fink, NYCLA Past President, and Susan CALJ’s on a per diem basis, creates the clarifying the disciplinary process, modi- impartiality of the City administrative B. Lindenauer, NYCLA Board member. perception that CALJ’s lack even rudi- fying the proposed restrictions on private law tribunals.” He went on to say that the The first recommendation was to explic- mentary independence to decide cases on employment for part-time (per diem) Proposed Code fell short in addressing itly recognize the importance of judicial the basis of the law and the evidence CALJ’s and amending certain phrasing what he called “the most important independence by mandating indepen- before them.” and terminology contained in the reform,” which is the need for judicial dence of the City Administrative Law Mr. Robertson also called for promul- Proposed Code. independence and transparency in the Judges (CALJ’s). He stated: gating a Mayoral Executive Order decision-making process at City agency The delegation of the hiring directed to City agencies with adminis- To read the full text of Mr. tribunals. and supervision of CALJ’s, many trative tribunals. Modeled on an Robertson’s testimony, log on to of whom are per diem, to tribunal Executive Order issued by Governor www.nycla.org and click on News & Background administrators at the agencies they Cuomo and directed to State agencies, Publications and then on Testimony. In November 2005, New York voters serve has created unique challenges the Executive Order would, in Mr. approved a ballot initiative recommended to the fair, impartial, efficient and by the Charter Revision Commission that consistent administration of justice, directed the Mayor and the Chief which, ultimately, must be founded Administrative Law Judge of OATH to on an independent judiciary. The MEMBER NEWS “jointly promulgate” “rules establishing basic problem with the Proposed a code or codes of professional conduct Code is that it promotes tribunal, Andrew Barovick, formerly a senior Steven E. North, P.C., in Manhattan, governing the activities of all administra- i.e., bureaucratic independence, associate with the White Plains office and prosecuting medical malpractice tive law judges and hearing officers in rather than the independence of the of Wilson Elser Moskowitz Edelman and other serious personal injury city tribunals.” In its Final Report, the individual CALJ’s. While the & Dicker, is now Of Counsel to cases. Charter Revision Commission stated its Proposed Code requires ‘impar-

10 January/February 2007 / New York County Lawyer NYCLA’S 92nd Annual Dinner Honoring Law Schools

From left to right: Hon. Joseph M. McLaughlin, the keynote speaker and U.S. Circuit Court Judge for the Second Circuit Court of Appeals; Richard J. Bartlett, William Nelson Cromwell Awardee and principal at Hon. John T. Buckley (at left), Former Bartlett, Pontiff, Stewart & Rhodes, P.C.; and John D. Presiding Justice, Appellate Division, Feerick, Dinner Chair, former Dean of the Fordham First Judicial Department, poses with University School of Law and Founder and Director Edwin David Robertson, NYCLA of the Law School’s Feerick Center for Social Justice President. A bird’s eye view of Waldorf Astoria Ballroom and Dispute Resolution.

New York Court of Appeals From left to right (standing): Hon. Joseph Bellacosa, Fordham University former Judge, Court of Appeals; Hon. Victoria A. From left to right (standing): Andrew Chapin: Graffeo, Associate Judge, Court of Appeals; Hon. Albert Director of Counseling and Public Interest Scholars; M. Rosenblatt, Associate Judge, Court of Appeals; Hon. Ian Weinstein, Professor of Law, Director of Clinical Chester J. Straub, Judge, U.S. Court of Appeals, Second Education; and NYCLA Board member Bruce Green, Fried, Frank, Harris, Shriver & Circuit; Michael J. Garcia, U.S. Attorney, Southern Louis Stein Professor, and Director, Louis Stein Center District of New York; and Edwin David Robertson, for Law and Ethics. From left to right (seated): Jacobson LLP NYCLA President. From left to right (seated): Hon. Martha Rayner, Associate Clinical Professor of Law; From left to right (standing): Emily Hirshbein, Carmen Beauchamp Ciparick, Associate Judge, Court of Gemma Solimene, Clinical Associate Professor of Law; Christiana Lazo, Jane Revellino, Gordon Eng and Erica Appeals, Fran McLaughlin, Judge McLauglin’s wife, Donna Welensky, Clinic Administrator (Fordham Law Guyer. From left to right (seated): Brad Richter; Eugene Souther, NYCLA Past President; and Emalie Clinical Legal Education); and Marcella Silverman: Surrogate Judge Renee R. Roth, NYCLA Vice President Feerick, Mr. Feerick’s wife. Clinical Associate Professor of Law. Ann Lesk and Diane Roskies.

Thacher Proffitt & Wood LLP From left to right (standing); NYCLA Treasurer Joel B. NYCLA Members and Former and Sullivan & Cromwell LLP Harris, Mary H. Mulhearn, Jesse L. Snyder, Jared R. From left to right (standing) NYCLA Board member Lenderink, Samaa A.F. Haridi, Robert F. Brodegaard and Current Committee/Section Chairs Stephanie Wheeler, Maggie Lassack, Richard Howe, Lindsay S. Katz. From left to right (seated): Carlos E. From left to right (standing): Henry J. Steinglass, Elliot Lindsay Manning and Anastasia Angelova. From left to Martinez; Hon. William J. Davis, Justice, Supreme Court, Wiener, Kim Barnett, Susan Kunstler, Donald Zolin, Jane right (seated): Robert MacCrate (who gave the Charles First Judicial District and Justice, Appellate Term, Bevans and Harriet Holtzman. From left to right Evans Hughes Lecture at NYCLA’s 2005 Annual Supreme Court, First Judicial Department; Jennifer S. (seated): Chaim Steinberger, Stuart Meyer, Sue Levy, Meeting), Darrell Cafasso, Qian Gao and Erez Davy. Kosar and Thomas N. Pieper. Irvin Rosenthal and Charlotte Lee. Wilkie Farr & Gallagher LLP From left to right (standing): Richard L. Posen; Elizabeth J. Kennedy, an associate at Fried, Frank, Harris, Shriver & Jacobson LLP; Henry J. Kennedy; Edwin David Robertson, NYCLA Janiece Brown Spitzmueller, NYCLA President; and John C. NYCLA OFFICERS Board member; Ann B. Lesk, NYCLA Longmire. From left to right From left to right: Louis Crespo, Secretary; Catherine A. Vice President; Sophia J (seated): Steven H. Christian, President-Elect; Edwin David Robertson, Gianacoplos, NYCLA Executive Reisberg; Roger Netzer; and President; Ann B. Lesk, Vice President; and Joel B. Director; and Carol A. Sigmond, Eastern District Bankruptcy Harris, Treasurer. NYCLA member. Judge Elizabeth S. Stong. January/February 2007 / New York County Lawyer 11 - December 12, 2006 at the Waldorf Astoria

REMARKS OF JOHN D. FEERICK, American Legal Education. The Conference was that make it THE occasion of the season. four decades ago in memory and honor of DINNER CHAIR presided over by then Chief Justice William I want to thank our underwriting sponsors William Nelson Cromwell. Mr. Cromwell’s NYCLA ANNUAL DINNER - Howard Taft who had been a law school dean at whose generosity makes this evening sparkle. example and generosity have made NYCLA’s DECEMBER 12, 2006 Cincinnati from 1898-1900 and the Kent Our Diamond Sponsor: Aon’s Infinity first century such a tough act to follow. Professor of Constitutional Law at Yale Law Insurance Services This is NYCLA’s highest award and it rec- School in 1913 [the same year he was elected Our Platinum Sponsors: Kelley Drye & ognizes “unselfish service to the public and the Good evening. My name is John Feerick, president of the American Bar Association] before Warren LLP, Cravath Swaine & Moore LLP, and community.” We are proud to present this year’s and I have been asked to serve as the dinner his appointment to the Supreme Court in 1921. Cadwalader, Wickersham & Taft LLP Cromwell Award to Richard J. Bartlett - lawyer, chair. I welcome you to this 92nd Annual Today, 194 Law Schools, located in every Our Gold Sponsor: Stroock & Stroock and judge and dean. Georgetown University, Dinner of the New York County Lawyers’ state except Alaska, are governed by those Lavan LLP Harvard Law School, a Judge Advocate in the Association and its celebration of law schools Standards, as they have evolved over time. Our Silver Sponsors: Latham & Watkins LLP, United States Air Force. A Justice of the located in the Northeast. Post-graduate education, characteristic of Troutman Sanders LLP, Entwistle & Cappucci Supreme Court of the State of New York. The It is my pleasure to introduce for a very spe- legal education in the United States, is quite LLP, Akerman Senterfitt LLP, Weil, Gotshal & first Chief Administrative Judge of the State of cial presentation the President of the County unique. Only one other country, Canada, has an Manges LLP, Mayer, Brown Rowe & Maw New York. The Dean of the Albany Law School. Lawyers’ Association, Edwin David Robertson. approach to legal education in the form of post- Our Crystal Sponsors: Hughes Hubbard & A member of the New York State Assembly and Dave is a partner in Cadwalader, Wickersham graduate education. But this distinguishing Reed LLP, White & Case LLP and Dean Minority Whip. Chair of the Board of Law and Taft. He joined the firm in 1971 and became characteristic may end soon enough. At the Frederick Lawrence of The George Washington Examiners. A member of countless commis- a partner in 1980. His practice concentrates on present time, Japan and Korea, are developing, University School of Law. sions and panels. A man who never turns a deaf civil litigation, trials and appeals. When he was for law, post-graduate curricula. Tonight we celebrate our profession and ear to the call of public service. His presence is elected the 54th president of the Association in At the law schools honored tonight, there are honor those who have made this bar a special always welcome, his views are always valued May 2006, he emphasized, in his acceptance more than 50,000 students currently in atten- institution. We are particularly honored to have and his insight never fails to find the heart of speech, that diversity and inclusiveness were the dance, taught by a full-time faculty of over 2500 with us tonight the Honorable John T. Buckley, any issue. Some people strive to gather the glit- bedrock of this Association’s founding mission men and women. In addition, more than 1000 Presiding Justice of the Appellate Division, First tering prizes of life or of this profession. Others and they continue to anchor NYCLA activities. practicing lawyers and judges teach as adjuncts Department. Your leadership, your affection and strive to do their duty with a constant faith to our Since becoming president, Dave has been an at these schools. your dedication to this profession have been core values. The latter becomes a treasure and advocate of several initiatives that evidence this The practicing bar and academic bar increas- unfailing. And we salute you. an example to all of us that unselfish service in continued commitment – among them is his sup- ingly interact with each other, and that has been I received a call from Chief Judge Kaye last the public interest is the highest calling of our port of Civil Gideon, his commitment to particularly the norm at this Association. Its recent week telling me that she cannot break away profession. Few people have done so much as increase NYCLA’s pro bono efforts, and his programs on the Housing, Criminal and Family from Albany because the Legislature is being Richard Bartlett to elevate the legal profession promotion of the core values of competence, Courts of New York City offer an important model called into special session tomorrow and the in this state. We all are ennobled by his example. integrity and collegiality as New York State over- of the contribution to the justice system that can long overdue issue of judicial pay raises is on It is an honor to present you with the County hauls the Rules of Professional Conduct. come from a bar/academic collaboration. the agenda. Let’s keep our fingers crossed. Lawyers’ William Nelson Cromwell Award. The incredible outpouring from all parts of Law faculty engage in path-breaking scholar- Tonight we celebrate and honor our law the profession in support of tonight’s dinner ship and other writings that require an under- schools. They are the first gatekeeper that we honorees is truly remarkable. I count almost 90 standing of areas of the law in which the pass on our journey through this profession. They judges from federal and state courts, including Law School Honorees practicing bar is well versed. Other faculty super- nurture the ideals, excite the curiosity and from the United States Court of Appeals for the Here are the 57 law schools honored at the Annual Dinner. vise students in clinical programs and activities sharpen the discipline that brings us all to the bar. Second Circuit Judge McLaughlin’s colleague, Albany Law School where students and practicing lawyers meet in For more than a century, the institutional impact Judge Chester Straub, and from the United American University, Washington College of Law adversarial and other kinds of proceedings. Still of law schools has molded our profession, shaped States District Courts for the Southern and Appalachian School of Law other faculty serve on the educational programs of the law and conditioned the expectations of those Eastern Districts, the Bankruptcy Courts of the Boston College Law School the bar and as members of bar association com- who join our ranks. Those expectations, those Eastern and Southern Districts, and federal Boston University School of Law mittees, many of which depend on the special hopes and those desires influence each of us and magistrate judges. Brooklyn Law School insights and knowledge of the academic bar. At guide us all on our journey together. We are also honored to have present two Catholic University of America, Columbus School of Law the County Lawyers’ Association, 47 full-time The sense of common purpose in our calling members of Congress – Jerrold Nadler and College of William and Mary, Marshall-Wythe Law School faculty members are involved in its work. to a lawyer’s life is rooted in those three years Charles Rangel. Columbia Law School Looking at it from the standpoint of law stu- we pass through law school. They give shape to We are honored as well to have three mem- Cornell Law School dents, bar associations have actively sought out our understanding of cases and statutes. They bers of the New York Court of Appeals – Judges CUNY School of Law students to serve as interns to committees and in give voice to the aspiration for public service. Carmen Ciparick, Victoria Graffeo and Albert Duquesne University School of Law other activities of the organized bar. Five hun- They give meaning to our core values of com- Rosenblatt, whose term on the Court ends on Fordham Law School dred and thirty law students, for example, are petence, integrity and collegiality in the public December 31st of this month. I know you join Franklin Pierce Law Center included in the total membership of this interest. Just as we learn the common language me in thanking him for his outstanding judicial George Mason University School of Law Association. Many students have benefited from of the law, so we learn the common culture of service and wishing him a long and happy post- Georgetown University Law Center the scholarships, fellowships and career pro- our profession. judicial career. Harvard University Law School grams established by the bar, and the profes- The concept itself is daunting: a profession We are also joined tonight by 28 state Hofstra University School of Law sional relationship they have developed with not a trade, a calling not a job. Devotion to the Supreme Court justices, including three admin- Howard University School of Law lawyers they come to know in the bar. Among client and dedication to the rule of law. These istrative judges, and by Surrogate Renee Roth of Liberty University School of Law its many law-school-related programs, this come before we look to gratify ourselves New York County, three judges of the New York New England School of Law Association holds programs that are open to all because a keen focus on our core values is the City Criminal Court, two members of the New New York Law School the Law Schools such as “Managing Your Law only way to find ourselves amid the haze that York City Family Court and six members of the New York University School of Law School Debt” and “Deconstructing the Bar settles in the canyons of commerce or the smoke New York City Civil Court. Northeastern University School of Law Exam.” It also conducts Mock Interview that shrouds the skirmishes of daily life. When We acknowledge the presence of the US Pace University School of Law Programs at Brooklyn, Cardozo and Fordham we take counsel in our core values, we rise Attorney for the Southern District of New York, Pennsylvania State University, The Dickinson School of Law Law Schools. above the haze, we see the public interest and Michael Garcia, Corporation Counsel of the Quinnipiac University School of Law All of which underscores the significance of we elevate this profession. And in so doing, we City of New York, Michael Cardozo, the Deputy Regent University School of Law tonight’s celebratory dinner and the promise the elevate ourselves. Mayor for Legal Affairs and Counsel to the Roger Williams University, Ralph R. Papitto School of Law future holds of even greater collaborations and Our core values give us purpose as together Mayor, Carol Robles-Roman, and New York Rutgers School of Law – Newark partnerships between the bar and academic we insist upon equality before the law for all County Clerk, Norman Goodman. Rutgers University-Camden School of Law community. persons regardless of race, creed, gender or eco- I also acknowledge, with appreciation, the Seton Hall University School of Law It is therefore with the greatest of pleasure nomic means. Whenever the law or an institu- presence of Kris Fisher, the editor-in-chief of Southern New England School of Law that I briefly introduce the deans who are pre- tion of government becomes the instrument for the New York Law Journal. St. John’s University School of Law sent tonight from the schools being honored. I marginalizing anyone, then those words “equal Thank you for the kindness of your intro- State University of New York at Buffalo ask each to stand and remain standing until all justice before the law” are merely graffiti carved duction and also for the great honor to chair this Suffolk University Law School the schools are identified. on the cornerstone of some courthouse. If they dinner paying tribute to law schools in the Syracuse University College of Law are unheeded, they become, like the words on a Northeast. Temple University-James E. Beasley School of Law (See REMARKS, page 14) tombstone, nothing but a sad epitaph for the Dean James White, the legendary former The George Washington University Law School American Dream. consultant to American Legal Education, said to The Judge Advocate General’s School, U.S. Army Without attending to the ideals of justice and me this past Sunday that there has never been a Touro College, Jacob D. Fuchsberg Law Center equal access to it, we lawyers become mere bar function of this nature saluting so many law REMARKS OF University of Baltimore, School of Law tools or cogs in a machine. But our core values schools in the United States. He praised this EDWIN DAVID ROBERTSON, University of Connecticut School of Law are an antidote to that dismal prospect. Our loy- Association for holding this splendid tribute. NYCLA PRESIDENT University of Maine School of Law alty to them will protect us from the fate of an In my conversation with Dean White, he University of Maryland School of Law NYCLA ANNUAL DINNER – empty suit. Most of us first learn the worth of reminded me of how central a role the bar, par- University of Pennsylvania Law School DECEMBER 12, 2006 those values as law students. We appreciate ticularly the New York Bar, has played in the University of Pittsburgh School of Law them more each day that we practice. That is history of American Legal Education. University of Richmond Thank you, John [Feerick], for being our what we, as lawyers, stand for and that is what The American Bar Association was estab- University of the District of Columbia, David A. Clarke School of Law dinner chair and special thanks to you for the men and women seated behind me express lished in 1878 and its very first resolution was to University of Virginia School of Law serving as the chair of our Justice Center. You by their presence here tonight. create a section on Legal Education and Vermont Law School are an inspiration to all of us. This evening We are also here to celebrate the career of a Admissions to the Bar. When New York lawyer, Villanova University School of Law could also never have happened without the tire- man who brings all these themes together and Elihu Root, became chair of that section in the Washington and Lee University School of Law less attention of our Executive Director, Sophia who shows us by example what is right about early part of the 20th century, he convened a con- Western New England College School of Law Gianacoplos, her assistant, Christina Andujar, this profession. The New York County Lawyers’ ference of the bench, bar and academia to develop Widener University School of Law and the dedicated staff who organized and exe- Association this evening presents its William Standards that would assure the quality of cuted this event with the grace and diligence Yale University Law School Nelson Cromwell Award established more then Yeshiva University, Benjamin N. Cardozo School of Law 12 January/February 2007 / New York County Lawyer METROPOLITAN MUSEUM CONCERT SERIES

NYCLA members receive a 20 percent Sunday, January 21 at 3:00: $16 Friday, January 26 at 8:00: $40 Friday, February 9 at 8:00: $24 discount on select programs. The dis- (regularly $20) (regularly $50) (regularly $30) counted ticket also entitles you to enjoy Accolades for Pianists: featuring Kirill ORCHESTRAS: Metropolitan Museum Artists in the Museum at no cost (a $20 savings) Gerstein in his only New York recital featuring Hamburg Symphony’s Concert: featuring the Museum’s first res- and includes a 10 percent discount on Haydn—Sonata in D Major, Hob. XVI 37; only New York concert ident chamber ensemble parking. For subscription program Schumann—Humoresque; Andrey Boreyko, conductor, Robert Boccherini—String Quintet in C Major, tickets, call Concerts & Lectures at 212- Schubert/Liszt—songs; Ligeti— Etudes; McDuffie, violin Opus 30, No. 6; 570-3949, Monday-Saturday, 9:30-5:00 Busoni—Sonatina No. 6, “Carmen Mendelssohn—The Hebrides, Opus 26; Giovanni Sollima— PM, Sunday, 12:00-5:00 PM. Remember Fantasy” after Bizet; Tchaikovsky—Violin Concerto in D Selections from Viaggio to tell them you are a member of the New Tchaikovsky—Scherzo from the 6th Major, Opus 35; in Italia for String York County Lawyers’ Association and Symphony (arr. Samuel Feinberg) Brahms—Symphony No. 2 in D Major, Quintet (2000); entitled to a 20 percent discount. Opus 73 Purcell—Fantasia upon One Note for Strings; Brahms—Piano Quintet in F Minor, Opus 34

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P AST E VENTS Arbitration and ADR Committee On December 8, the Arbitration and ADR Committee hosted its Annual Lunch with a Judge. The guest speaker was Justice Bernard J. Field (at right), of the Commercial Division, pictured with Leona Beane, Committee Chair. He spoke about arbitration and mediation, benefits to the court and the parties, and electronic case filing in the Supreme Court. Several committee members in attendance pose (clockwise, from bottom left): Irwin Kahn, Amy Rothstein, Simeon H. Baum (standing), Michael A. Scott, John A. Cannistraci, Joseph B. Russell, Martin L. Feinberg, Jonathan Saks and Arthur L. Galub.

Symposium at NYCLA On December 13, the Conference of Presidents of Major American Jewish Organizations joined with The Jerusalem Center for Public Affairs, Inter Amicus—the International Human Rights Advocacy Center, The Institute for the Study of Global Anti-Semitism and Policy and other human rights organi- zations in hosting a symposium, “Bring Ahmadinejad to Justice for Incitement to Genocide!” at the NYCLA Home of Law. In attendance were: Edwin David Robertson (pictured below, at left), NYCLA President, joined by (middle) Malcolm Hoenlein, Executive Vice Chairman of the Conference of Presidents of Major American Jewish Organizations, and Kenneth Bialkin (far right), former Chairman of the Conference of Presidents and former NYCLA President. Featuring prominent national and international legal scholars, the symposium presented a discussion of the repeated threats by President Ahmadinejad of Iran in violation of the 1949 Genocide Convention. Among those who addressed this timely and critical issue were: Dore Gold, former ambassador of Israel to the U.N., Charles Rangel, U. S. Congressman, and John Bolton, former U.S. ambassador to the U.N.

Solo and Small Firm Practice Committee At its December 20 meeting, the Solo and Small Firm Practice Committee hosted a legal placement panel discussion. Ronald J. Katter (at left), Committee Co- Chair, is pictured with Meg Reuter (second from left), New York Law School’s Assistant Dean of Career Planning, and representatives from two legal recruit- ment firms – Zelda Owens (third from left), HIRECounsel’s Managing Director of Client Relations, and Michael Dalewitz, Esq. (far right), PeakCounsel’s Managing Director, who gave engaging and informative presentations on the options for firms interested in hiring law students, recent law school graduates and tempo- rary attorneys. Committee members peppered the panel with insightful ques- tions and learned about employment opportunities with legal staffing firms. DUFFY & POSILLICO AGENCY INC. Court Bond Specialists BONDS • BONDS • BONDS • BONDS • Administration • Appeal • Executor • Guardianship • Injunction • Conservator • Lost Instrument • Stay • Mechanics Lien • Plaintiff & Defendant’s Bonds Serving Attorneys since 1975 Complete Bonding Facilities 1-800-841-8879 FAX: 516-741-6311 Immediate Service! 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street • New York, New York 10006 14 January/February 2007 / New York County Lawyer

REMARKS OF JOHN D. FEERICK In 1872 Howard graduated the first black woman lawyer, From Touro College Law Center, we welcome Dean team consisting of future United States Senators Edward CONTINUED Charlotte E. Ray Lawrence Raful Kennedy and John Tunney. The judge even found time as Among its distinguished graduates is Thurgood Marshall, the In January, Touro Law Center will move to its new 180,000- a law student to serve as a teacher’s assistant in the From American University Washington College of Law first black Supreme Court Justice square-foot campus in Central Islip Philosophy Department of Fordham University. we welcome Claudio M. Grossman, Dean Upon his graduation from Law School in 1959, he Known for an amaziFrom American University From The Judge Advocate General’s School, United From the University of Baltimore School of Law, we wel- became associated with the firm of Cahill, Gordon and Washington College of Law we welcome Claudio M. States Army, we welcome Colonel Gregory Block, come Gilbert A. Holmes, Dean Reindel. In 1961, on the invitation of Dean William Grossman, Dean Dean Has created centers of excellence in international law, family Hughes Mulligan, he returned to teach full time at Fordham Known for an amazing array of externship and clinical edu- The Judge Advocate General’s School has been providing out- law and litigation Law School. As Dean Treanor recently noted in his pre- cation opportunities that take advantage of all the DC area standing military legal education for over 50 years toward the sentation of the Fordham Stein Prize to Judge McLaughlin: has to offer LL.M. degree From University of Connecticut School of Law, we wel- “He quickly earned the reputation as one of the Law come Kurt A. Strasser, Interim Dean School’s most beloved professors” and “the king of using From Benjamin N. Cardozo School of Law at Yeshiva From New York Law School, we welcome Richard A. Offers the Phoenix Master’s Program in Insurance Law, the humor in the classroom.” University, we welcome David Rudenstine, Dean Matasar, Dean only program of its type in the world, which provides 16 He also produced scholarship at the very highest level Celebrating its 30th anniversary One of the oldest independent law schools in the country, specialized classes in insurance law per year and is pri- of excellence, with his writings on evidence and civil prac- founded in 1891 by Theodore Dwight, founding dean of marily geared towards lawyers already working full or part tice bringing fame to the law school and his casebook on From Columbia Law School, we welcome David M. Columbia Law School time New York Practice becoming among the most distinguished Schizer, Dean in the field. Officially founded in 1858 but really started growing its roots From Quinnipiac University School of Law, we welcome From The University of Maryland School of Law, we wel- In 1971 Judge McLaughlin became the sixth Dean of in 1793 when Columbia scholar James Kent was named the Brad Saxton, Dean come Karen H. Rothenberg, Dean Fordham Law School and during the next ten years his first professor of law This year, added a health law LL.M. program to its already The law school’s dedication to the pursuit of justice is evi- leadership essentially transformed the school. The faculty impressive offerings in the health law area denced through the Cardin Requirement, whereby students grew in size and diversity; the student body grew in From City University of New York School of Law, we must provide legal services to the underserved in the commu- number, strength and diversity; and the alumni of the welcome Michelle J. Anderson, Dean From Roger Williams University, we welcome David A. nity as a pre-requisite to graduation school were inspired to become more involved in the life of CUNY School of Law sends the highest percentage of its gradu- Logan, Dean the school. I was one of those graduates and I will forever ates into public interest work of any law school in the nation Just received coveted membership in the Association of From Widener University School of Law, we welcome appreciate the opportunity he gave me to serve when he American Law Schools Linda L. Ammons, Dean was its Dean. From Fordham Law School, we welcome William M. Is unique in having locations in two states, Delaware and Throughout Judge McLaughlin’s tenure as a law pro- Treanor, Dean From Rutgers University School of Law – Camden, we Pennsylvania fessor and dean, he accepted, with exceptional generosity, Just completed the celebration of its Centennial Year, during welcome Rayman L. Solomon, Dean invitations to deliver lectures and speeches to judicial, bar, which the School created six new academic chairs, Rutgers - Camden is one of the nation’s top law schools in INTRODUCTION OF law school and other groups. There was hardly a speech or increased financial aid and launched new programs in areas helping students secure judicial clerkships JUDGE JOSEPH McLAUGHLIN lecture not punctuated by his special humor. For example, to one rambling and confused questioner he responded in including law and culture, information law and international NYCLA ANNUAL DINNER, antitrust law From Rutgers University School of Law – Newark, we typical fashion: “That is an interesting question but I refuse welcome Stewart L. Deutsch, Dean DECEMBER 12, 2006 to engage in a battle of wits with an unarmed man.” To From The George Washington University Law School, Among the most diverse of all the national law schools, another he said: “You are giving me a sandstorm of words Judge Joseph McLaughlin is one of Fordham’s most whose Dean, Frederick M. Lawrence, is not able to be reflected in the school’s Minority Student Program, the in a desert of ideas.” admired and esteemed graduates - a jurist of great distinc- here tonight nation’s largest and oldest program of its kind Through the course of his life as a law professor and tion for the past 25 years, a magnificent teacher and scholar The school is home to one of the most respected IP programs dean, Judge McLaughlin responded to countless invitations for more than 40 years, an exemplary law school dean - a in the country From St John’s University School of Law, we welcome from judges, governors and others to serve on important Mary C. Daly, Dean devoted husband, father and grandfather. committees and commissions, including the Advisory Born in Brooklyn, Judge McLaughlin’s parents were From Hofstra University School of Law, we welcome The home of governors and judges and the only bankruptcy Committee on Civil Practice of the New York Judiciary immigrants from Ireland. They met in the United States, Aaron D. Twerski, Dean LL.M. in the nation Conference and Chairing the New York State Law Revision married and raised children humbly in Brooklyn. The One of the first schools in the nation to adopt clinical legal Commission Judge’s father operated a trolley and his mother raised their education From Suffolk University Law School, we welcome In 1981, Judge McLaughlin left his position as Dean to Robert H. Smith, Dean four children. Judge McLaughlin earned full scholarships accept an appointment as a U.S. District Judge for the th to Brooklyn Prep and to Fordham College, where he served From Howard University School of Law, we welcome Is this year celebrating its 100 anniversary Eastern District of New York. He served in that position with distinction, which included as drum major of the Kurt L. Schmoke, Dean for nine years before being appointed to the U.S. Court of Fordham band. Appeals for the Second Circuit. After graduation from Fordham College, Judge Judge McLaughlin and his wife Fran enjoy the love of McLaughlin attended Fordham Law School. He was there four children and nine grandchildren. When he has spare only one year when he was drafted and served in the Army time, he can be found reading the ancient classics in Greek. in Korea. Judge McLaughlin has given deeply of himself over an When he returned to the School, he took it by storm, incredible career dedicated to the service of others. His serving both as editor-in-chief of the Fordham Law friendship is very special to the bar and to me. Review and as a member of the School’s national Moot Please join me in welcoming tonight’s featured Court Team. His team competed for the National speaker, the Honorable Joseph M. McLaughlin. Championship against a University of Virginia Law School

The Northeast Business Law Center at NYCLA From page 6 senters on the legal lecture circuit. The NEBLC Advisory Board is exper- nance of corporations, since so many imenting with ways to bring the ben- of them are organized under Delaware efit of these informal discussions to a law. The same will be true as to lim- broader audience without losing the ited liability companies, which now spontaneous quality of the discus- rival corporations as the principal sions. NEBLC is a successful experi- business entity. ment by NYCLA that continues to The NEBLC Advisory Board meet- evolve. ings are informal but informed. Usually a member of the Advisory Mr. Field is a past president of the Board leads the discussion. Most of New York County Lawyers’ the members are experienced as pre- Association.

BOOK REVIEW From page 6 not exist. The importance of this book lies in how architecture can serve as our mirror to room, as the heart of the courthouse, should help us look at the way we practice law. guide the design or else the whole meaning Mr. Flanders co-edited Cass Gilbert, of the structure is at risk. Life and Work: Architect of the Public The viewpoint of a practicing attorney Domain and has written numerous articles highlights the importance of proper seating for for legal and scholarly journals. He just com- those sitting in a courtroom for hours on end. pleted a book about NYCLA’s Centennial However, with the impact and growth of tech- history, which will be published later this nology, the need for seating is countered by the year by Fordham University Press. possibility of virtual courtrooms in the future. Flanders skillfully included opposing opin- Ms. Abislaiman is a member of the New ions to support his thesis that a universal cour- York County Lawyers’ Association’s Art thouse model that applies equally to all does Committee. January/February 2007 / New York County Lawyer 15 NOTICE On January 4 the New York State Unified itation of personal injury cases and to On Wednesday, January 31, NYCLA’s CLE potential clients. Additional faculty are: Carol Court System announced the new Rules restricting the use of testimonials and endorse- Institute will offer The New Attorney A. Buckler, Associate Dean for Professional Governing Attorney Advertising, which will ments. The new rules also affect attorneys’ use Advertising Rules: Ethical Ramifications of Development, New York Law School; Edwin go into effect February 1, 2007. NYCLA urges of the internet as a way of attracting practice the New Rules on the Practice of Law in New David Robertson, partner, Cadwalader, every lawyer to read the new rules on the opportunities. The final version of the rules York, which will present a panel of experts led Wickersham & Taft LLP, and NYCLA Court System’s website, reflects many of the comments NYCLA sub- by James B. Kobak Jr., a partner at Hughes President; Deborah Scalise, Esq.; and Philip H. www.courts.state.ny.us/rules/attorney_ads_am mitted, prepared by its Professional Ethics and Hubbard & Reed LLP, discussing what the new Schaeffer, partner, White & Case LLP. For endments.shtml. The rules deal with Professional Discipline Committees and Task rules will mean to New York practitioners and more information about this program, log on to numerous issues — from restricting the solic- Force on Ethics Reform. how they will be able to communicate with www.nycla.org and click on CLE.

CLE PROGRAMS ANUARY Early Registration (on or before 1/28) BREAKFAST WITH NYCLA - VIDEO Monday, February 26 J Member: $125 Non-Member: $165 Monday, January 22 REPLAY: PROFESSIONAL 6:00 - 9:00PM Registration Fee (1/29-1/30) RESPONSIBILITY IN THE AGE OF THE 6:00 - 9:00PM Member: $150 Non-Member: $190 HOT TOPICS IN TAX LAW: AN ACTIVE SPEAKING WORKSHOP: HOW INTERNET: ETHICAL IMPLICATIONS OVERVIEW OF THE BASICS IN TAX OF USING DIGITAL TECHNOLOGY ATTORNEYS CAN INCORPORATE Wednesday, January 31 LAW AND REVIEW OF RECENT 6:00 - 9:00PM 2.5 MCLE Credits: 2.5 Ethics; Non- DEVELOPMENTS ACTING SKILLS INTO THEIR Transitional PRACTICES THE NEW ATTORNEY ADVERTISING 3 MCLE Credits: 3 Professional Practice; Early Registration (on or before 2/11) Transitional and Non-Transitional 3 MCLE Credits: 3 Skills; Transitional and RULES: ETHICAL RAMIFICATIONS OF Member: $95 Non-Member: $120 THE NEW RULES ON THE PRACTICE Early Registration (on or before 2/24) Non-Transitional Registration Fee (2/12-2/13) Member: $125 Non-Member: $165 Early Registration (on or before 1/20) OF LAW IN NEW YORK Member: $120 Non-Member: $145 Registration Fee (2/25-2/26) Member: $125 Non-Member: $165 3 MCLE Credits: 3 Ethics; Transitional and Member: $150 Non-Member: $190 Registration Fee (1/21-1/22) Non-Transitional Thursday, February 15 Member: $150 Non-Member: $190 Early Registration (on or before 1/29) 6:00 - 9:00PM Wednesday, February 28 ANATOMY OF A LEGAL BRIEF: Tuesday, January 23 Member: $125 Non-Member: $165 9:00AM - 12:00PM Registration Fee (1/30-1/31) EFFECTIVE WRITING STRATEGIES 6:00 - 9:00PM ACCOUNTING ISSUES IN Member: $150 Non-Member: $190 FOR THE NEW YORK PRACTITIONER SURROGATE’S PRACTICE OF ETHICAL BOUNDS OF AGGRESSIVE 3 MCLE Credits: 3 Skills; Transitional and LITIGATION - 2007 UPDATE FEBRUARY INTEREST TO THE NEW YORK Non-Transitional LAWYER 3 MCLE Credits: 3 Ethics; Transitional and Monday, February 5 Early Registration (on or before 2/13) Non-Transitional 6:00 - 9:00PM Member: $125 Non-Member: $165 3 MCLE Credits: .5 Ethics; 1 Skills; 1.5 Early Registration (on or before 1/21) ROCK STARS OF RAINMAKING 2007: Registration Fee (2/14-2/15) Professional Practice; Non-Transitional Member: $125 Non-Member: $165 HOW THE BEST ATTORNEYS IN THE Member: $150 Non-Member: $190 Early Registration (on or before 2/26) Registration Fee (1/22-1/23) Member: $125 Non-Member: $165 Member: $150 Non-Member: $190 LEGAL PROFESSION ATTRACT Thursday, February 22 Registration Fee (2/27-2/28) CLIENTS AND GENERATE BUSINESS 6:00 - 9:00PM Member: $150 Non-Member: $190 Wednesday, January 24 3 MCLE Credits: .5 Ethics; 1 Skills; 1.5 Law VIDEO REPLAY: NUTS AND BOLTS OF 6:00 - 9:00PM Practice Management; Transitional and Non- Please Note: Transitional courses are appro- COMMERCIAL LEASING priate for newly admitted attorneys. Non- TRADEMARK REGISTRATION Transitional 3 MCLE Credits: 1 Skills; 2 Professional PRACTICE Early Registration (on or before 2/3) Transitional courses are not acceptable for Practice; Non-Transitional newly admitted attorneys. Transitional and 3 MCLE Credits: .5 Ethics; 1.5 Skills; 1 Member: $125 Non-Member: $165 Early Registration (on or before 2/20) Professional Practice; Transitional and Registration Fee (2/4-2/5) Member: $95 Non-Member: $120 Non-Transitional courses are appropriate for Non-Transitional Member: $150 Non-Member: $190 Registration Fee (2/21-2/22) both newly admitted attorneys and experi- Early Registration (on or before 1/22) Member: $120 Non-Member: $145 enced attorneys. Member: $125 Non-Member: $165 Tuesday, February 6 Registration Fee (1/23-1/24) 6:00 - 9:00PM Member: $150 Non-Member: $190 CO-OPS AND CONDOS - A PRACTICE Monday, January 29 GUIDE FOR THE NEW YORK 6:00 - 9:00PM ATTORNEY PITFALLS OF REAL ESTATE 3 MCLE Credits: 1 Ethics; 1 Skills; 1 TRANSACTIONS: HOW TO AVOID Professional Practice; Transitional and Non-Transitional THEM WHEN BUYING OR SELLING Early Registration (on or before 2/4) REAL ESTATE Member: $125 Non-Member: $165 3 MCLE Credits: 1 Skills; 2 Professional Registration Fee (2/5-2/6) Practice; Transitional and Non-Transitional Member: $150 Non-Member: $190 Early Registration (on or before 1/27) Member: $125 Non-Member: $165 Thursday, February 8 Registration Fee (1/28-1/29) 6:00 - 9:00PM Member: $150 Non-Member: $190 CHILD CUSTODY AND FAMILY Tuesday, January 30 VIOLENCE 6:00 - 9:00PM 3 MCLE Credits: 2 Professional Practice; 1 BRIDGES AND TUNNELS: WHEN NY Skills; Transitional and Non-Transitional Early Registration (on or before 2/6) VEHICLES ARE INVOLVED IN NJ Member: $125 Non-Member: $165 ACCIDENTS -DEFENDING THE RIGHTS Registration Fee (2/7-2/8) OF THE NEW YORK INSURER AND Member: $150 Non-Member: $190 INJURED PERSONS 3 MCLE Credits: 3 Professional Practice; Tuesday & Wednesday, February 13 & 14 Transitional and Non-Transitional 8:30 - 9:45AM Bonding & Insurance (800) 921-1008 • Same Day Results Serving the Legal Community since 1949

Administration Janitorial-3D Lost Instruments Probate -Appeal Liquor-Beer Licenses-Permits Attachments-Stays Fiduciary Trustees Liens-Conservators Bernard Fleischer & Sons 2 John Street, Suite 201 New York, NY 10038-2502 www.bfbond.com 16 January/February 2007 / New York County Lawyer (Thomson West). (Nov. 2006). The Jury Issue, New York State Bar PERIODICALS Association Journal, vol. 78, no. 8 (Oct. Law and the Changing Family, Trial, vol. 2006). 42, no. 13 (Dec. 2006). The Supreme Court 2005 Term, LIBRARY NOTES Litigation Reform Since the PSLRA: A Harvard Law Review, vol. 120, no. 1 Ten-Year Retrospective, Columbia Law (Nov. 2006). Review, vol. 106, no. 7 (Nov. 2006). 36th Annual Administrative Law Issue, Sequestered Science: The Consequences Duke Law Journal, vol. 56, no. 1 (Oct. of Undisclosed Knowledge, Law and 2006). Contemporary Problems, vol. 69, no. 3 (Summer 2006). Mr. Manz is a part-time Reference Should Judges Do Independent Research Librarian at the New York County by William Manz Civil Practice in the Southern District on Scientific Issues?, Judicature, vol. 90, Lawyers’ Association. He is also of New York, Second Edition (Thomson no. 2 (Sept.-Oct. 2006). Assistant Law Librarian and Director of To make suggestions about book purchases, West) (Nov. 2006 update). Symposium: A New Constitutional Student Publications at St. John’s please contact the Library Director, Nuchine Federal Sentencing Guidelines Manual Order, Fordham Law Review, vol. 75, no. 2 University School of Law. Nobari, by email at [email protected] or 2006 Edition (Thomson West). by phone at 212-267-6646, ext. 201. Mechanics Liens in New York (Thomson West 2nd ed 2006). FEATURED TITLE Manual of Patent Examining Procedure New home for your unwanted law books (Thomson West 8th ed. 2006). Copyright Litigation Handbook – 2006 Securities Regulation in a Nutshell by Nuchine Nobari already in our collection, we pass them along edition, by Raymond J. Dowd (Thomson (Thomson West 9th ed. 2006). to other institutions such as not-for-profit West). The author, a partner in Dunnington, Wiley GAAP 2007 (Wiley 2006). A little-known fact about the NYCLA legal institutions. We would accept any sug- Bartholow & Miller, LLP, and regular Library is that we accept donations of gestions regarding identifying organizations columnist for the New York Law Journal, NEW UPDATES unwanted law books. Members and law that may have such a need. Please call me at has designed this book to be a handy refer- Almanac of the Federal Judiciary firms think of us when they want to donate 212-267-6646, ext. 201 or email me at nno- ence source on copyright issues for attor- (Aspen) (2007-1 supplement). relatively current law books – McKinney’s, [email protected] with your ideas. neys engaged in litigation. Unlike other Criminal Law in New York, 4th New York Supplement, to name a few – works, its primary focus is on the needs of Edition (Thomson West) (2006 update). because they no longer need them or they are Ms. Nobari is the Director of Library the litigator. Included are chapters on the Dollar Verdicts: Personal Injury (Thomson closing their offices and want to give their Services at the New York County client interview, Copyright Office litigation West) (2006 semi-annual supplement). books a good home. If the donated books are Lawyers’ Association. practice, cease and desist letters, ownership Employment Law in New York and licensing litigation, class actions, (Thomson West) (2007 supplement). injunctions and seizures, evidence, jury Enforcing Judgments and Collecting instructions, damages, costs and attorneys Debts in New York (Thomson West) (2007 CLE PROGRAMS AT THE NYCLA LIBRARY fees. Also included are checklists and prac- supplement). Immigration: Tuesday, February 13, tice tips. The appendices contain the com- Immigration Law and Business JANUARY 6:00-7:30PM plete text of Title 17, Federal Rules of (Thomson West) (Oct. 2006 release). FEE CLASSES Procedure, Federal Rules of Evidence, the Landlord and Tenant Practice in New (2.5 MCLE Credits: 2.5 Skills; declaratory judgment complaint from the York (Thomson West) (2007 replacement Registration Fees: Member, $65; Non- Member, $85; Non-Legal Staff, $35 Transitional) Da Vinci Code case and jury instructions chapters). Bankruptcy Court: Electronic Case from Lowry’s Reports v. Legg Mason. Lindey on Entertainment, Publishing Filing System and the Arts, 3rd Edition (Thomson (1.5 MCLE Credits: 1.5 Skills; Transitional) Wednesday, February 21, 10:00AM- NEW PLI BOOKS West) (Release #7). 12:30PM Federal Civil Practice Update 2006: Manual on Employment Internet Legal Resources Important Developments and Strategies. Discrimination and Civil Rights in An Overview: Thursday, January 25, 6:00-7:30PM (1.5 MCLE Credits: 1.5 Skills; Topics include pleading and jurisdiction, Federal Court (2006 update). Transitional) electronic discovery, ethics, sanctions, Mortgages and Mortgage Foreclosure in Immigration: Thursday, January 18, 6:00-7:30PM Computer Applications: attorney-client privilege and class actions. New York (Thomson West) (2007 cumula- Microsoft Outlook: Wednesday, February Prepared for a November 2006 program. tive supplement). (1 MCLE Credit: .5 Skills, .5 7, 6:00-7:30PM Mortgage Liens in New York (Thomson Professional Practice; Transitional) New Developments in Securitization, West) (2007 cumulative supplement). LivEdgar: Life of a Company (1 MCLE Credit: .5 Skills, .5 Professional 2006. Covers new developments in securiti- Neighboring Property Owners (Thomson Wednesday, January 22, 11:00-12:00PM Practice; Transitional) zation of commercial and residential mort- West) (2007 cumulative supplement). LivEdgar: Precedent Research and gages, home equity loans, auto and equipment New York Driving While Intoxicated, FREE CLASSES Draft Preparation loans and credit cards. Other chapters deal nd (Thomson West) (2007 supplement). 2 ed. Registration for the following classes is Monday, February 12, 11:00-12:00PM with such issues as taxes, accounting and New York Condominium and nd free to all. intellectual property. Prepared for a Cooperative Law, 2 ed. (Thomson (1.5 MCLE Credits: 1 Skills; .5 Law FREE CLASSES November–December 2006 program. West) (2007 supplement). Practice Management; Transitional) Registration for the following classes is New York Criminal Practice (Thomson free to all. PLI’s California MCLE Marathon West) (2007 supplement). Bloomberg Professional 2006. Covers California developments in New York Family Court Practice Tuesday, January 23, 10:30-11:45AM (1.5 MCLE Credits: 1 Skills; .5 Law legal ethics, substance abuse and bias in the (Thomson West) (2007 supplement). Practice Management; Transitional) legal profession. Prepared for a December New York Matrimonial Law and (1 MCLE Credit: 1 Skills; Transitional) Bloomberg Professional 2006 program. Practice (Thomson West) (2007 cumulative Westlaw Tuesday, February 20, 10:30-11:45AM supplement). nd Employment Research: Friday, January Understanding the Basics of Bankruptcy New York Wills, 2 ed. (Thomson West) 19, 10:00-11:00AM (1 MCLE Credit: 1 Skills; Transitional) & Reorganization 2006. Contains 18 (2006 update). Immigration Law Research: Tuesday, Lexis chapters covering various aspects of bank- Personal Injury Practice in New York January 30, 10:00-11:00AM Advanced: Wednesday, February 14, ruptcy practice, including overviews of (Thomson West) (2007 supplement). International Law Research: Thursday, 12:00-1:00PM selected sections of the bankruptcy code, pro- Sex-Based Employment Discrimination January 18, 2:00-3:00PM New & Public Records: Wednesday cedure, claims, estate property and the (Thomson West) (2007 cumulative supple- Securities Research: Wednesday, January February 14, 10:30-11:30AM trustees program. Prepared for a ment). 24, 3:00-4:00PM November–December 2006 program. Trusts and Estates Practice in New York (1 MCLE Credit: 1 Skills; Transitional) (Thomson West) (2007 supplement). FEBRUARY Westlaw 23rd Annual Section 1983 Civil Right Criminal Law Research: Wednesday, Litigation. 2 vol. Contents included a FORMS ON CD-ROM FEE CLASSES February 14, 3:00-4:00PM review of Supreme Court cases and topical Enforcing Judgments and Collecting Registration Fees: Member, $65; Non- Entertainment Research: Tuesday, chapters, including government liability, Debts in New York (Thomson West). Member, $85; Non-Legal Staff, $35 February 27, 10:00-11:00AM punitive damages, settlements, attorneys’fees Harris 5th Ed. New York Estates: Intermediate: Friday, February 9, 10:00- and unjust convictions. Prepared for a pro- Probate, Administration, and Litigation (1.5 MCLE Credits: 1.5 Skills; 11:00AM gram presented on October 26–27, 2006. Forms on CD (Thomson West). Transitional) International Law Research: Thursday, Landlord and Tenant Practice in New Internet Legal Resources February 22, 2:00-3:00PM NEW EDITIONS York (Thomson West). An Overview: Wednesday, February 15, Real Property Research: Friday, Byers Civil Motions (New York Legal New York Wills, 2nd ed. (Thomson West). 6:00-7:30PM February 23, 3:00-4:00PM Publishing Company 2nd rev. ed. 2006). Trusts and Estates in New York January/February 2007 / New York County Lawyer 17 NYCLA Archives: “Valentine’s Manuals” Justice Resource Center seeks lawyers

by William Manz public school, the number of deaths in each for mock trial competition month of a given year, the seating plan for the The Justice Resource Center, a non- application or more information, please The Manual of the Corporation of the Board of Alderman and historical articles, City of New York, popularly known as the some of dubious accuracy. A particularly profit organization that works closely with email [email protected]. “Valentine’s Manuals,” was the mid-19th cen- noteworthy feature is the many lithographs the New York City Department of tury forerunner to the Green Book, pro- and woodcuts of well-known and now long- Education, is seeking lawyers to serve as viding detailed information on all aspects of gone city buildings (some in color), making coaches for the citywide high school New York State and City government and a the Manuals the first illustrated history of the Mock Trial competition. Lawyers (on a pro wide range of other topics. The Manuals City. Because of their unique illustrations, bono basis) coach a school at least once a they are prized by book collectors; they are were published between 1841 and 1870 by week. Meetings can be held at the school the clerk of the City Council. They were com- also a valuable research tool for historians. piled by a series of individuals, most notably The NYCLA Library holdings of the site or at the law office. The teacher-coach David T. Valentine (1842–1866). In addition Manuals contain the volumes for the years will arrange dates and times. The first to the usual governmental information found 1853–1860, 1963 and 1865–1869. round begins on February 27, 2007. CLE in city directories, the Manuals included a credits are available from the New York variety of maps, a monthly calendar and the Mr. Manz is a part-time Reference State Bar Association. text of the city charter. Far more detailed than Librarian at the New York County John Tsavaris, an attorney at Kenyon & any directory currently published, the Lawyers’ Association. He is also To date, 110 schools have signed on to Kenyon LLP and member of the NYCLA Manuals contained such information as the Assistant Law Librarian and Director of participate in a multiple-elimination Law-Related Education Committee, names of every member of the New York City Student Publications at St. John’s round tournament. There are 30 high attended the orientation session for Police Department, the complete staff of each University School of Law. schools in need of a lawyer-coach. For an mock trial coaches in December.

Calling all NYCLA authors As part of NYCLA’s Centennial celebration, the Library will establish a NYCLA Author Collection display case featuring publications written or edited by NYCLA members. Any member who has written or edited a published book on any subject is eligible and encouraged to participate. The NYCLA Author Collection will contain legal books, poetry, histories, biographies, novels, essay collections, cookbooks, etc. Please note that all articles, including law review articles, do not qualify for the Collection. Let us know if you have written a book and, if you have a copy, please send it to the NYCLA Library, 14 Vesey Street, New York, NY 10007; Attention: NYCLA Author Collection. If you have any questions, contact the Library at 212-267-6646, ext. 206. Among the books that have already been donated are: Copyright Litigation Handbook, by Raymond J. Dowd; Abogado, Fifty Years on the Street, by Lt. Col. Martin Gallin, Esq.; Franchising, by Gladys Glickman; Transfer and Mortgage Recording Taxes in New York Title Closings: 2007 Edition, by David M. Goldberg; Business and Commercial Litigation in Federal Courts, 2nd edition, Robert L. Haig, Editor in Chief; The Wimp’s Guide to Cross-Country Skiing, by James B. Kobak Jr.; Intellectual Property Misuse, Licensing and Litigation, by James B. Kobak Jr.; and Handbook on Customs & International Trade Law, by M. Barry Levy.

ETHICS HOTLINE January 16-31 Albert Mitzner 212 564-1250 February 1-15 March 1-15 Philip Shaeffer Leah Schmelzer 212 819-8740 718 590-3250 February 16-28 March 16-31 Sarah Diane McShea Clarissa Porter 212 679-9090 203 254-2536

SUBSTANCE ABUSE HOTLINE Attorneys, judges, law students and members of their immediate families can get confiden- tial help with alcohol or substance-abuse problems 24 hours a day, seven days a week, by calling the toll-free hotline 800-255-0569.

DIRECTIONS TO NYCLA NYCLA is located at 14 Vesey Street between Broadway and Church, across the street from St. Paul’s Chapel and around the corner from City Hall. By Subway: 2 and 3 to Park Place; A, C and E to Chambers Street; 4, 5 and M to Fulton Street. By Bus: M103 to City Hall; M1 and M6 to Fulton Street 18 January/February 2007 / New York County Lawyer

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