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COME . . . and BE a STUDENT AGAIN! NCBA COMMITTEE MEETING CALENDAR by Daniel W

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COME . . . and BE a STUDENT AGAIN! NCBA COMMITTEE MEETING CALENDAR by Daniel W THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION April 2019 www.nassaubar.org Vol. 68, No. 8 Follow us on Facebook COME . AND BE A STUDENT AGAIN! NCBA COMMITTEE MEETING CALENDAR By Daniel W. Russo sity, inclusion and elimination of bias as part of their biennial registration. All diversity Page 22 When I was fortunate enough to be inducted last June as Dean of the Nassau Academy of and inclusion courses have the shared theme Law, one of the goals I hoped to achieve was of not only making us better attorneys, but THE getting our members to come to Domus and Be better individuals. SAVE DATES Students Again. The Nassau Academy of Law, The Diversity and Inclusion Committee, LAW DAY quite simply, is the premiere provider of CLEs chaired by District Court Judges Linda Mejias FREE SPEECH, FREE PRESS, for NCBA members and there simply is no bet- and Maxine Broderick, is at the forefront of FREE SOCIETY ter time to come to Domus and take advantage crafting innovative and timely CLE programs. Wednesday, May 1, 2019 of the wide array of programs and seminars For example, the Committee’s first outing was being offered. Come listen, learn, earn those a trial re-enactment of the landmark civil 5:30 p.m. at Domus CLE credits and . Be Students Again. rights trial, Meredith v. Fair, regarding racial See pg. 23 The biggest event of the membership year integration of higher education in the South. officially kicked off this past June and has Twenty-five NCBA members read for the 120TH ANNUAL NCBA truly re-energized the Bar Association. In an parts of attorneys, witnesses and judges and extraordinary move aimed at providing a true DINNER DANCE the re-enactment was a fascinating look at a member benefit, CLEs are included with your trial held decades ago that addressed social Saturday, May 11, 2019 dues. All members of the Association can issues that remain at the forefront of our MAKE YOUR RESERVATION TODAY take advantage of free unlimited live CLEs, country today. See Insert and pg. 6 including free Bridge-the-Gap weekend, free If you were unfortunate enough, however, committee CLEs, and twelve free credits of to miss the Meredith re-enactment, have no CD/DVD rental. It’s been a great year at the NCBA AND NAL fear, the Diversity and Inclusion Committee’s Academy and the Bar Association, full of new next Academy re-enactment will take place INSTALLATION OF OFFICERS ideas and energy, and we are excited for the @ t.r.o.t.z via depositphotos.com on May 7, 2019. This re-enactment of Korem- Tuesday, June 4, 2019 months and years to come. atsu v. United States depicts the arrest and 6:00 p.m. at Domus One of the main focuses of the Academy example of this has been the brilliant work trial of Fred Korematsu, a Japanese-Amer- this year is cooperation and conjunction with of the Diversity and Inclusion Committee in ican who refused to go to a concentration the 50+ substantive committees. We continue bringing exceptional, cutting edge programs camp after President Roosevelt issued Exec- WHAT’S INSIDE to look to the committees to keep us informed to the Academy this year. utive Order 9066, uprooting some 120,000 about what’s new and what’s relevant and we As all of you know, as of July 1, 2018, the Japanese-Americans — two-thirds of them GENERAL LAW expect our committee leaders to bring these New York State CLE Board requires all expe- Religion and Football: First Amendment topics to our members via CLEs. A perfect rienced attorneys to have one credit in diver- See STUDENT, Page 12 Rights on the 50-Yard Line Page 3 If I Could Turn Back Time, If I Could Find A Way: De-Acceleration Notices and the Statute of Limitations Page 5 LAW DAY 2019 Intellectual Property Issues and Social For NCBA Members Media Promotions Page 6 Free Speech, Free Press, Free Society Notice of Social Media and Discovery: Nassau County Bar Association One Year after Forman Page 7 KEYNOTE SPEAKER By Ann Burkowsky Annual Meeting Forecast: Hazy with Some Clearing: Freedom of speech and press are among May 14, 2019 = 7:00 p.m. Developments in Hazing Laws Page 8 the most important liberties for a free soci- Domus The Ins and Outs of a BCL §1118 ety within the United States and many coun- 15th & West Streets Hearing Page 9 tries around the world. Free Speech, Free Mineola, NY 11501 Press, Free Society is this year’s focus topic at Tips for the Litigator: How to the Nassau County Bar Association’s upcom- Keep Your Arbitration Economical Proxy statement can be found on the ing Annual Law Day Awards Dinner on insert in this issue of the Nassau and Efficient Page 10 Wednesday, May 1, 2019. Lawyer. The Annual meeting will A Wedding Story Page 11 The evening will commence with a cock- confirm the election of NCBA officers, tail reception beginning at 5:30 PM, suc- directors, Nominating Committee BOOK REVIEW members, and Nassau Academy of ceeded by a dinner and awards presentation Typography for Lawyers, 2nd Ed. Law officers. at 6:30 PM. Following the cocktail reception, by Matthew Butterick Page 16 the NCBA will be honoring four individuals A complete set of the By-Laws, for their dedication and commitment to including the proposed amendments, can be found on the Nassau County the legal community. There will be three OF NOTE Bar Association website at award categories this year that include the www.nassaubar.org. Copies are NCBA MEMBER BENEFIT - I.D. Liberty Bell Award, Peter T. Affatato Court available at the reception desk at CARD PHOTO Employee of the Year Award and Thomas Domus, or by mail upon request. Obtain your photo for Secure Pass Maligno Pro Bono Attorney of the Year Stone Grissom, Esq. Award. Rosalia Baiamonte Court ID cards at NCBA Tech Center Journalist Secretary ONLY FOR NEW APPLICANTS News 12 Long Island Anchor See LAW DAY, Page 12 Cost $10 • May 7, 8 and 9, 2019 9 a.m.- 4 p.m. UPCOMING PUBLICATIONS CONFIDENTIAL HELP IS AVAILABLE TO LAWYERS AND JUDGES COMMITTEE MEETINGS alcohol or drug use, depression or Thursday, May 2, 2019 12:45 p.m. other mental health problems Thursday, June 6, 2019 12:45 p.m. Call Lawyer Assistance Program (888)408-6222 WE’RE NOT AAA. WE’RE THE MAJORS. NAM VOTED #1 NAM VOTED #1 ADR NAM RANKED THE #1 ADR PROVIDER IN 2019 FIRM FOR THE EIGHTH CLE PROVIDER IN THE U.S. 2019 Best of Corporate YEAR IN A ROW 2019 National Law Journal Counsel Survey 2018 New York Law Journal Reader Rankings Survey Reader Rankings Survey NAM MEDIATORS NAM RANKED A BEST NAM VOTED A BEST RANKED IN THE TOP 3 IN OVERALL ADR PROVIDER OVERALL ADR PROVIDER THE U.S. 6 YEARS IN A ROW 2018 Best of The Midwest 2018 Best of The New Jersey Law 2019 National Law Journal Reader Rankings Survey Journal Reader Rankings Survey Reader Rankings Survey NAM VOTED A TOP NAM RANKED A TOP NAM RANKED A TOP ADR FIRM IN THE U.S. ONLINE ADR RESOURCE ONLINE ADR RESOURCE 6 YEARS IN A ROW 2018 Best of The Texas Lawyer 2018 Best of The Connecticut Law 2019 National Law Journal Reader Rankings Survey Tribune Reader Rankings Survey Reader Rankings Survey 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 Additional Locations: Manhattan, Brooklyn, Staten Island, Westchester and Buffalo (800) 358-2550 / www.namadr.com The Better Solution® Nassau Lawyer April 2019 3 Religion and Football: First Amendment Rights on the 50-Yard Line Recently, the United States Supreme Court Since 2008, Coach Joseph Kennedy held cipal or primary effect” of the challenged heard two cases involving the Establishment a post-game group prayer, with players and practice attributable to a governmental entity Clause of the First Amendment to the Unit- several parents joining him. In 2015, the is “one that neither advances nor inhibits ed States Constitu- school district ordered him to refrain from religion.”11 Since then, Lemon has been the tion. One involves a this practice and he initially complied. Later, dominant analytical framework in Establish- 93-year- old, 40-foot he decided that his faith required him to offer ment Clause cases. 12 war memorial Peace a post-game silent prayer on the 50-yard line In County of Allegheny v. ACLU, the 3 ACLU challenged the placement of a creche Cross on public after each game. In response, the Bremer- (or nativity scene) inside a county court- property in Bladens- ton School District placed Kennedy, after house, as well as the display of a Christmas burg, Maryland. On eight years of service as a football coach, on administrative leave. They also gave him his tree and a Menorah in a town square. Using February 27, 2019, @ 33ft via d epositphotos.com the Lemon analysis, the court allowed the the Supreme Court first negative performance review, and the following year did not rehire him. tree and menorah, but not the creche. In the heard oral argu- argument the school board allegedly failed to Court’s opinion, the placement of the creche Consequently, Kennedy sued the school accommodate his exercise of religion. ments, and a deci- within the courthouse, without secular imag- district in 2016, alleging violations of his Any understanding the Supreme Court’s sion is pending.1 es to detract from the religious nature of the Ellin Cowie rights under the Free Speech and Free Exer- jurisprudence regarding the free speech The other display, crossed the line.
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