Free Speech and Civil Liberties in the Second Circuit
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CAREERS DONALD SHUM ’13 Is an Associate at Cooley in New York City; ALYSSA KUHN ’13 Is Clerking for Judge Joseph F
CAREERS DONALD SHUM ’13 is an associate at Cooley in New York City; ALYSSA KUHN ’13 is clerking for Judge Joseph F. Bianco of the Eastern District of New York after working as an associate at Gibson Dunn in New York; and ZACH TORRES-FOWLER ’12 is an associate at Pepper Hamilton in Philadelphia. THE CAREER SERVICES PROGRAM AT THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW is one of the most successful among national law VIRGINIA ENJOYS A REPUTATION FOR PRODUCING LAWYERS who master the schools and provides students with a wide range of job intellectual challenges of legal practice, and also contribute broadly to the institutions they join through strong leadership and interpersonal skills. opportunities across the nation and abroad. AS A RESULT, PRIVATE- AND PUBLIC-SECTOR EMPLOYERS HEAVILY RECRUIT VIRGINIA STUDENTS EACH YEAR. Graduates start their careers across the country with large and small law firms, government agencies and public interest groups. ZACHARY REPRESENTATIVE RAY ’16 EMPLOYERS TAYLOR clerked for U.S. CLASSES OF 2015-17 STEFFAN ’15 District Judge clerked for Gershwin A. Judge Patrick Drain of the LOS ANGELES Higginbotham of Eastern District UNITED Hewlett Packard Enterprise Jones Day the 5th U.S. Circuit of Michigan STATES Dentons Jones Day Morgan, Lewis & Bockius Court of Appeals SARAH after law school, Howarth & Smith Reed Smith Morrison & Foerster in Austin, Texas, PELHAM ’16 followed by a ALABAMA Latham & Watkins Simpson Thacher & Bartlett Orrick, Herrington & before returning is an associate clerkship with BIRMINGHAM Mercer Consulting Sullivan & Cromwell Sutcliffe to Washington, with Simpson Judge Roger L. REDWOOD CITY D.C., to work for Thacher & Gregory of the Bradley Arant Boult Morgan, Lewis & Bockius Perkins Coie Covington Bartlett in New 4th U.S. -
United States Court of Appeals for the Second Circuit Summary Order Rulings by Summary Order Do Not Have Precedential Effect
20-3104-cv Marano v. Metro. Museum of Art UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 2nd day of April, two thousand twenty-one. Present: JOHN M. WALKER, JR., WILLIAM J. NARDINI, Circuit Judges, JOHN L. SINATRA, JR.* District Judge. _____________________________________ LAWRENCE MARANO, Plaintiff-Appellant, v. 20-3104-cv THE METROPOLITAN MUSEUM OF ART, Defendant-Appellee. _____________________________________ For Plaintiff-Appellant: JAMES H. FREEMAN, Liebowitz Law Firm, PLLC, Valley Stream, NY. For Defendant-Appellee: LINDA J. STEINMAN (Abigail B. Everdell, James E. Doherty, on the brief), Davis Wright Tremaine LLP, New York, NY. * Judge John L. Sinatra, Jr., of the United States District Court for the Western District of New York, sitting by designation. 1 Appeal from a judgment of the United States District Court for the Southern District of New York (Valerie E. -
The Pentagon Papers Case and the Wikileaks Controversy: National Security and the First Amendment
GW Law Faculty Publications & Other Works Faculty Scholarship 2011 The Pentagon Papers Case and the Wikileaks Controversy: National Security and the First Amendment Jerome A. Barron George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation 1 Wake Forest J. L. & Pol'y 49 (2011) This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. V._JB_FINAL READ_NT'L SEC. & FA (DO NOT DELETE) 4/18/2011 11:10 AM THE PENTAGON PAPERS CASE AND THE WIKILEAKS CONTROVERSY: NATIONAL SECURITY AND THE FIRST AMENDMENT JEROME A. BARRON † INTRODUCTION n this Essay, I will focus on two clashes between national security I and the First Amendment—the first is the Pentagon Papers case, the second is the WikiLeaks controversy.1 I shall first discuss the Pentagon Papers case. The Pentagon Papers case began with Daniel Ellsberg,2 a former Vietnam War supporter who became disillusioned with the war. Ellsberg first worked for the Rand Corporation, which has strong associations with the Defense Department, and in 1964, he worked in the Pentagon under then-Secretary of Defense Robert McNamara.3 He then served as a civilian government employee for the U.S. State Department in Vietnam4 before returning to the United † Harold H. Greene Professor of Law, The George Washington University Law School (1998–present); Dean, The George Washington University Law School (1979– 1988); B.A., Tufts University; J.D., Yale Law School; LL.M., The George Washington University. -
Wikileaks, the First Amendment and the Press by Jonathan Peters1
WikiLeaks, the First Amendment and the Press By Jonathan Peters1 Using a high-security online drop box and a well-insulated website, WikiLeaks has published 75,000 classified U.S. documents about the war in Afghanistan,2 nearly 400,000 classified U.S. documents about the war in Iraq,3 and more than 2,000 U.S. diplomatic cables.4 In doing so, it has collaborated with some of the most powerful newspapers in the world,5 and it has rankled some of the most powerful people in the world.6 President Barack Obama said in July 2010, right after the release of the Afghanistan documents, that he was “concerned about the disclosure of sensitive information from the battlefield.”7 His concern spread quickly through the echelons of power, as WikiLeaks continued in the fall to release caches of classified U.S. documents. Secretary of State Hillary Clinton condemned the slow drip of diplomatic cables, saying it was “not just an attack on America's foreign policy interests, it [was] an attack on the 1 Jonathan Peters is a lawyer and the Frank Martin Fellow at the Missouri School of Journalism, where he is working on his Ph.D. and specializing in the First Amendment. He has written on legal issues for a variety of newspapers and magazines, and now he writes regularly for PBS MediaShift about new media and the law. E-mail: [email protected]. 2 Noam N. Levey and Jennifer Martinez, A whistle-blower with global resonance; WikiLeaks publishes documents from around the world in its quest for transparency, L.A. -
The Federalist Society for Law and Public Policy Studies 2009 Annual Report
The Federalist Society for Law and Public Policy Studies 2009 Annual Report “The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 THE FEDERALIST SOCIETY aw schools and the legal profession are currently strongly dominated by a L form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community. -
9780195181234.Pdf
LOSING THE NEWS Institutions of American Democracy Kathleen Hall Jamieson and Jaroslav Pelikan, Directors Other books in the series Schooling in America: How the Public Schools Meet the Nation’s Changing Needs Patricia Albjerg Graham The Most Democratic Branch: How the Courts Serve America Jeffrey Rosen The Broken Branch: How Congress Is Failing America and How to Get It Back on Track Thomas E. Mann and Norman J. Ornstein LOSING THE NEWS The Future of the News That Feeds Democracy Alex S. Jones 1 2009 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2009 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Jones, Alex S. Losing the news : the future of the news that feeds democracy / Alex S. Jones. p. cm. — (Institutions of American democracy) Includes bibliographical references and index. -
New York Law School Magazine, Vol. 33, No. 2 New York Law School
digitalcommons.nyls.edu NYLS Publications New York Law School Alumni Magazine 2014 New York Law School Magazine, Vol. 33, No. 2 New York Law School Follow this and additional works at: http://digitalcommons.nyls.edu/alum_mag Recommended Citation New York Law School, "New York Law School Magazine, Vol. 33, No. 2" (2014). New York Law School Alumni Magazine. Book 1. http://digitalcommons.nyls.edu/alum_mag/1 This Book is brought to you for free and open access by the NYLS Publications at DigitalCommons@NYLS. It has been accepted for inclusion in New York Law School Alumni Magazine by an authorized administrator of DigitalCommons@NYLS. Office of Marketing and Communications 185 West Broadway Magazine • 2014 • VOL. 33, nO. 2 New York, NY 10013-2921 SAVE THE DATE REUNION AND ALUMNI WEEKEND APRIl 23–25, 2015 Mark your calendars, and plan to celebrate New York Law School! The 2015 Reunion and Alumni Weekend is shaping up to be an extraordinary occasion for classes ending in 0 and 5—and for the entire NYLS community. You won’t want to miss it! Reunion Year Class Volunteers Needed Do you want to make sure your class is well represented at Reunion? E-mail [email protected] to join your class committee. cOngresswOMan nancY peLOsi The fuTure is nOw: nYLs Makes DeLiVers The shainwaLD pubLic iMpressiVe prOgress On achieVing inTeresT LecTure sTraTegic pLan gOaLs www.nyls.edu P6 P8 WE ARE NEW YORK’S LAW SCHOOL SINCE 1891 The Center for New York City Law marked its 20th year WE ARE NEW YORK’S LAW SCHOOL of presenting the CityLaw Breakfast Series in September, when it hosted Carl Weisbrod, Chair of the NYC Planning Commission. -
Instructor's Guide
The Fight for Free Speech Ten Cases That Define Our First Amendment Freedoms BY IAN ROSENBERG Instructor’s Guide A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all. 312 pages | Cloth | 9781479801565 • • • Law | Politics | Current Events Ian Rosenberg has over twenty years of experience as a media lawyer, and has worked as legal counsel for ABC News since 2003. -
District Court Activism in Criminal Justice Reform
THE “NEW” DISTRICT COURT ACTIVISM IN CRIMINAL JUSTICE REFORM JESSICA A. ROTH* Historically, the debate over the judicial role has centered on the consti- tutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broaden- ing it to trial, as well as appellate, judges; and by distinguishing between an Article III judge’s “decisional” activities on the one hand, and the judge’s “hortatory” and other activities on the other. To that end, the Article focuses on a cohort of deeply respected federal district judges-many of whom, al- though not all, experienced Clinton appointees in the Southern and Eastern Districts of New York–who, over the last decade, have challenged conven- tional norms of judicial behavior to urge reform of fundamental aspects of the federal criminal justice system. These “new” judicial activists have made their case for reform in the pages of their judicial opinions, often in dicta; in articles and speeches; and through advocacy within and beyond the judicial branch. This Article summarizes this activity, places it in historical context, and assesses its value as well as its risks. I. Introduction......................................... 278 II. A Summary of the “New” District Court Activism .... 283 A. -
F/K/A Chrysler LLC), Et Al., (Jointly Administered) Debtors
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------- In re Chapter 11 Old Carco LLC Case No. 09-50002 (AJG) (f/k/a Chrysler LLC), et al., (Jointly Administered) Debtors. ----------------------------------------------------------------- DISCLOSURE STATEMENT WITH RESPECT TO SECOND AMENDED JOINT PLAN OF LIQUIDATION OF DEBTORS AND DEBTORS IN POSSESSION Alpha Holding LP 09-50025 (AJG) DCC 929, Inc. 09-50017 (AJG) Dealer Capital, Inc. 09-50018 (AJG) JONES DAY Global Electric Motorcars, LLC 09-50019 (AJG) NEV Mobile Service, LLC 09-50020 (AJG) Corinne Ball NEV Service, LLC 09-50021 (AJG) Old Carco LLC 09-50002 (AJG) 222 East 41st Street (f/k/a Chrysler LLC) New York, New York 10017 Old Carco Aviation Inc. 09-50003 (AJG) Telephone: (212) 326-3939 (f/k/a Chrysler Aviation Inc.) Facsimile: (212) 755-7306 Old Carco Dutch Holding LLC 09-50004 (AJG) (f/k/a Chrysler Dutch Holding LLC) Old Carco Dutch Investment LLC 09-50005 (AJG) David G. Heiman (f/k/a Chrysler Dutch Investment LLC) North Point Old Carco Dutch Operating Group LLC 09-50006 (AJG) 901 Lakeside Avenue (f/k/a Chrysler Dutch Operating Group LLC) Old Carco Institute of Engineering 09-50007 (AJG) Cleveland, Ohio 44114 (f/k/a Chrysler Institute of Engineering) Telephone: (216) 586-3939 Old Carco International Corporation 09-50008 (AJG) Facsimile: (216) 579-0212 (f/k/a Chrysler International Corporation) Old Carco International Limited, L.L.C. 09-50009 (AJG) (f/k/a Chrysler International Limited, L.L.C.) Jeffrey B. Ellman Old Carco International Services, S.A. 09-50010 (AJG) 1420 Peachtree Street, N.E. -
Confirmation Hearing on Hon. Susan H. Black, Sonia Sotomayor, Loretta A
CONFIRMATION HEARING ON HON. SUSAN H. BLACK, SONIA SOTOMAYOR, LORETTA A. PRESKA, AND IRENE M. KEELEY THURSDAY, JUNE 4, 1992 U.S. SENATE, COMMITrEE ON THE JUDICIARY, Washington, DC. The committee met, pursuant to notice, at 10:02 a.m., in room SD-226, Dirksen Senate Office Building, Ion. Edward M. Kennedy presiding. Present: Senators Kennedy and Thurmond. OPENING STATEMENT OF SENATOR KENNEDY Senator KENNEDY. The committee will come to order. The Constitution gives the President and the SE.nate a shared re- sponsibility to ensure that qualified men and women serve on the Federal bench. As Senators, we have few more important responsi- bilities than our role in the confirmation process. The judges and Justices whom we approve will serve for life, and their decisions will determine, in large measure, the quality of justice in America. I am please to note that today, for the first time, the Judiciary Committee has scheduled a nominations hearing in which all of the nominees are women. This is a welcome development and under- scores our commitment to increasing the representation of women on the Federal bench. In the past 12 years, the proportion of women in the legal profes- sion has almost doubled, from 13 percent during the last year of the Carter administration to 23 percent today. Yet, only 16 percent of President Bush's judicial nominees are women, about the same as the 15-percent rate President Carter achieved during a time when there were far fewer women lawyers. Less than 9 percent of the sitting Federal judges are women. -
Deterring Corporate Crime
Program on Corporate Compliance and Enforcement NYU School of Law 40 Washington Square South New York, NY 10012 Deterring Corporate Crime: Effective Principles for Corporate Enforcement April 4-5, 2014 New York University School of Law Lester Pollack Colloquium Room 245 Sullivan Street, 9th Floor Sponsored by the NYU Program on Corporate Compliance and Enforcement and the American Law Institute II III Program on Corporate Compliance and Enforcement The NYU Program on Corporate Compliance and Enforcement promotes research on the effective enforcement of legal rules governing corporate crime and on methods and strategies for enhancing compliance with applicable standards. The program hosts annual conferences and other programs designed to improve our understanding of existing practices and facilitate effective enforcement policy and compliance. The program’s directors are Professors Jennifer Arlen and Geoffrey Miller. IV 1 Deterring Corporate Crime: Conference Program Effective Principles for Corporate Enforcement Sponsored by the NYU Program on Corporate Compliance and Enforcement Deterring Corporate Crime: and the American Law Institute deterrence. Issues to be considered include the appro- Effective Principles for Conference Goal priate scope and content of corporate criminal liability To be effective, corporate criminal and civil enforcement (including oversight liability imposed on parent firms), must deter wrongdoing by corporations and the employees appropriate mandates to impose through pretrial diversion Corporate Enforcement operating