Chief Judge Jonathan Lippman
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New York State Attorney Emeritus Program Tenth Anniversary Celebration
FEERICK CENTER FOR SOCIAL JUSTICE New York State Attorney Emeritus Program Tenth Anniversary Celebration December 2, 2019 1:00 PM – 5:00 PM Costantino Room This event is co-sponsored by Davis Polk & Wardwell LLP • Debevoise & Plimpton LLP • Latham & Watkins LLP • Proskauer Rose LLP • Skadden, Arps, Slate, Meagher, & Flom LLP The organizers and most especially Fordham Law School’s Feerick Center for Social Justice express their thanks to the co-sponsors for their generous support of this event. Ten Years of the New York State ACKNOWLEDGEMENTS Attorney Emeritus Program The Feerick Center thanks all those who assisted in the planning of this event. The center is deeply grateful to members of the Attorney Emeritus Program Advisory Ten years ago, the New York State court system launched the Council for their input and suggestions in connection with the Attorney Emeritus Program (AEP Program or Program). New Tenth Anniversary Celebration. The center also thanks the York’s Chief Judge Janet DiFiore has enthusiastically endorsed AmeriCorps VISTA members, summer interns and legal fellows the AEP and she and her staff provide invaluable guidance who provided helpful support and assistance in planning the and support. Her predecessor, former Chief Judge Jonathan Celebration, including: Lippman, founded the Program as part of a robust, pioneering campaign to address the State’s justice gap. New York State Gabrielle Agostino – 2019 Summer Siena College Legal Fellow now leads the nation in the depth of its commitment to addressing the civil legal service needs of low- and moderate- Davina Mayo-Dunham – 2019 Summer Siena College Legal income people. Fellow Over the years, the AEP has evolved and expanded attributable Ellen McCormick – 2019-2020 Feerick Center Dean’s Fellow to the innovation and dedication of leaders in the judiciary, including the Honorable Fern A. -
THE PATENT BATTLE THAT CREATED HOLLYWOOD by David Krell 10
NOVEMBER/DECEMBER 2015 VOL. 87 | NO. 9 JournalNEW YORK STATE BAR ASSOCIATION Also in this Issue The Patent Battle Eight “Chiefs” That Created Criminal Justice Update Medical Malpractice Hollywood Proving a Joint Account By David Krell Simplify your everything. Your time is precious. That’s why Clio®’s intuitive design and powerful functionality will smooth out your processes and uncomplicate your overly-complex life. When your business systems are easy-to-use, intelligent and uncomplicated, you can put yourself first and prioritize your day accordingly. Simplify with Clio – the most complete and streamlined legal management solution around. We save you time. It’s up to you what you do with it. We’re the most comprehensive, yet easy-to-use cloud-based law practice management software. Join tens of thousands of legal professionals who trust Clio to manage and grow their firms. Start your free trial today at clio.com Simplify your everything. Clio® and the Clio Checkmark Logo™ are Trademarks or registered Trademarks of Themis Solutions Inc. ©2015 Themis Solutions Inc. All rights reserved. BESTSELLERS FROM THE NYSBA BOOKSTORE November/December 2015 Best Practices in Legal Management Entertainment Law, 4th Ed. NYSBA Practice Forms on CD 2014–2015 The most complete treatment of the business of Completely revised, Entertainment Law, More than 500 of the forms from Deskbook running a law firm. With forms on CD. 4th Edition covers the principal areas of enter- and Formbook used by experienced practitio- PN: 4131 / Member $139 / List $179 / tainment law. ners in their daily practice. 498 pages PN: 40862 / Member $150 / List $175 / Practice of Criminal Law Under the CPLR and 986 pages/loose-leaf Criminal and Civil Contempt, 2nd Ed. -
Chief Judge Kaye's Legacy of Innovation and Access To
CHIEF JUDGE KAYE’S LEGACY OF INNOVATION AND ACCESS TO JUSTICE HELAINE M. BARNETT* Chief Judge Judith Kaye and I were lifelong friends. We attended Barnard College and NYU Law School together, although she was two grades ahead of me.1 I recall with great pride, when she was Chief Judge of the New York Court of Appeals, she gave the keynote address at my retirement party from Legal Aid,2 and gave special remarks that were quoted in the press coverage announcing my appointment as President of the Legal Services Corporation.3 And I remember with a smile when she would have dinner at my home; she would have a lively, fun-loving, competitive interaction with my hus- band as to their addiction to family photo albums. Judith was brilliant, compassionate, a doer, and had an amazing work ethic. She was a cherished friend to me as she was to so many others, and left an enduring legacy. I am so pleased to be part of this tribute to her extraordinary judicial legacy. Some of the contributions will focus on Chief Judge Kaye’s judi- cial opinions, but when she became Chief Judge, she had to take on effectively a second full-time job. Not only was she the Chief Judge of the Court of Appeals, but she was also the Chief Judge of the State of New York, and in that capacity, she was the CEO of a massive court system. Throughout her career as Chief, she sought to innovate and improve court administration and became a national leader in many areas of court and justice reforms. -
HS Newsletter 7-04 2-Up
VOLUME 1, NUMBER 3 SPRING / SUMMER 2005 The Historical Society of the Courts of the State of New York Chief Judge Albert Conway*—A Personal Note by David D. Siegel OFFICERS AND TRUSTEES: TRIPED PANTS, DETACHABLE COLLARS, HIGH BUTTON SHOES, Albert M. Rosenblatt, coffee blossom honey, newspapers for President fwet feet, lessons about wintry drafts. John D. Gordan, III, The editors asked me for some personal Vice-President remembrances about Chief Judge Albert E. Frances Murray, Conway. I just named a few. If I inject a case Secretary or statute along the way, it will only be because Stephen P. Younger, of something personal about it, like People v. Treasurer Liebenthal, which marked the moment when I Sue M. Nadel, emerged into the world of the law as a reason- Executive Director able man, pronounced so by the Chief Judge Joy Beane, of the New York Court of Appeals. Deputy Director Helaine M. Barnett The Judge was a man of the Richard J. Bartlett early 20th Century. Tall, straight, Barbara A. Brinkley with striped pants, high Penelope D. Clute shoes...and the first collars I ever Norman Goodman saw that weren’t part of a shirt. Henry M. Greenberg I was one of Albert Conway’s law clerks dur- Andrew L. Kaufman ing the last year and a half of his tenure as Judith S. Kaye Chief Judge. I joined him in the middle of Stephen Rackow Kaye 1958; he retired at the end of 1959. He turned 70 that year and retirement was the law. (I note Robert G. -
Get to Know the Bench 2018 Gala Dinner
HISTORICAL SOCIETY of the NEW YORK COURTS 2018 Gala Dinner April 12, The New York Public Library Get to Know the Bench Up Close & Personal with the NYS Court of Appeals Hon. Janet DiFiore, Chief Judge Hon. Jenny Rivera • Hon. Leslie E. Stein • Hon. Eugene M. Fahey Hon. Michael J. Garcia • Hon. Rowan D. Wilson • Hon. Paul G. Feinman Presentation of the Judith S. Kaye Achievement Award to Sheila L. Birnbaum HISTORICAL SOCIETY of the NEW YORK COURTS FOUNDER Hon. Judith S. Kaye OFFICERS Hon. Albert M. Rosenblatt, President Roy L. Reardon, Executive Vice President Hon. Carmen Beauchamp Ciparick, Chair of the Board Henry M. Greenberg, Vice-Chair of Statewide Programming John S. Siffert, Vice-Chair of Projects & Initiatives Stephen P. Younger, Vice-Chair of Membership & Development Henry J. Kennedy, Treasurer & Chair of Finance Frances Murray, Secretary A. Thomas Levin, Counsel EXECUTIVE DIRECTOR Marilyn Marcus BOARD of TRUSTEES Helaine M. Barnett Robert J. Giuffra, Jr. Hon. E. Leo Milonas Prof. John Q. Barrett Dennis E. Glazer Hon. Susan Phillips Read Hon. Randall T. Eng Hon. Barry Kamins Hon. Dianne T. Renwick Hon. Eugene M. Fahey Alan Levine Hon. Mary Kay Vyskocil Hon. Helen E. Freedman Gregory A. Markel Thomas J. Ruller Barry H. Garfinkel Prof. Troy A. McKenzie NYS Archivist, Ex Officio Trustee EMERITUS TRUSTEES Penelope Andrews John J. Halloran, Jr. Michael B. Powers Barbara A. Brinkley Hon. Robert G.M. Keating Hon. Edward O. Spain Hon. Norman Goodman Hon. Jonathan Lippman John D. Gordan, III Hon. Leon B. Polsky HISTORICAL SOCIETY of the NEW YORK COURTS April 12, 2018 Gala Dinner The New York Public Library Program WELCOME Robert J. -
For Judith S. Kaye Susan Herman Brooklyn Law School, [email protected]
Brooklyn Law School BrooklynWorks Faculty Scholarship Summer 2016 For Judith S. Kaye Susan Herman Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Legal Biography Commons, and the Legal Profession Commons Recommended Citation 81 Brook. L. Rev. 1361 (2015-2016) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. For Judith S. Kaye Susan N. Hermant Chief Judge Judith Kaye was a prolific author of scholarship as well as judicial opinions. I am moved to know that the Brooklyn Law Review is publishing, posthumously, her last essay written for publication, and I am honored to have been invited to take part in this special issue dedicated to Judge Kaye, whom I knew in a number of different capacities over the years. Writing a memorial tribute is a bittersweet experience. Mourning the loss of a great woman is balanced by the positive aspects of eulogizing: the pleasure of thinking about the life rather than only the loss of life, and of working to find words to capture and share what made that life memorable. The pieces published in this issue help to ensure Judge Kaye's legacy by describing some of her many contributions to the development of the law, and also by remembering who she was as a person: brilliant yet gracious, generous and wise, down to earth but somehow regal. An additional sadness I am sure many of us have experienced in composing a eulogy is knowing that the person in question will not get to hear the tribute we have spent so much time and thought putting into words. -
Vol 61.2.Pmd
THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 2006 Vol. 61, No. 2 THAWING A FROZEN CONFLICT The Separatist Crisis in Moldova 2 0 0 6 V O L. 6 1 , N O. 2 135 THE RECORD 2006 Vol. 61 , No. 2 Contents OF NOTE 137 ANNUAL MEETING OF THE ASSOCIATION 151 FAREWELL ADDRESS: Bettina B. Plevan INAUGURAL ADDRESS: Barry M. Kamins 156 THE BENJAMIN N. CARDOZO LECTURE INTRODUCTION: Bettina B. Plevan 163 LECTURE PUNITIVE DAMAGES AND DUE PROCESS: 165 HOW MUCH IS TOO MUCH? Sheila L. Birnbaum THE ORISON S. MARDEN LECTURE LECTURE KEEPERS OF THE RULE OF LAW 185 Louis A. Craco MISSION TO MOLDOVA THAWING A FROZEN CONFLICT: 196 LEGAL ASPECTS OF THE SEPARATIST CRISIS IN MOLDOVA The Special Committee on European Affairs RETIREMENT AND PRO BONO ACTIVITIES 305 The Committee on Senior Lawyers A PROPOSAL TO APPLY ETHICS AGREEMENTS ON THE STATE AND 314 LOCAL GOVERNMENT LEVEL The Committee on Government Ethics OPEN SOURCE SOFTWARE AND THE FREE SOFTWARE MOVEMENT 325 The Committee on Information and Technology Law FORMAL OPINION 2006-02 DUTIES TO PROSPECTIVE CLIENTS 332 The Committee on Professional and Judicial Ethics THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published four times a year by The Association of the Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6689. Available by subscription for $60 per volume. For information call (212) 382-6695. Periodi- cals postage paid at New York, NY and additional mailing offices. -
Full Article
14 LAROCHE 4/26/2010 8:23 AM CHIEF JUDGE JONATHAN LIPPMAN: A NEW ERA Matthew J. Laroche* I. INTRODUCTION As the recently appointed chief judge of the New York State Court of Appeals, Jonathan Lippman inherits a position previously held by many of the best and brightest legal minds in our country’s, let alone state’s, history.1 Although all of the judges of the Court, both past and present, share in the Court’s successes, the influence and impact of many of the Court’s chief judges is indisputable. Indeed, from Benjamin Cardozo, Cuthbert Pound, and Irving Lehman to Lawrence Cooke, Charles Breitel, and, most recently, Judith Kaye, the Court, through its chiefs, has exerted enormous influence in almost every field of American law, not only developing the common law, but contributing to the scholarship on state-protected rights and liberties.2 For instance, it was Chief Judge Cardozo who delivered the unanimous ruling in Schloendorff v. Society of New York Hospital3 that has since served as the common law foundation for the constitutional right to refuse medication and other similar liberties.4 It was Chief Judge Lehman who wrote in People v. Barber5 that religious proselytizing must be exempt from a local * Editor-in-Chief, Albany Law Review; J.D. Candidate, Albany Law School of Union University, May 2010. I am grateful to my mother, father, and brother for their patience, understanding, and support over these last three years. Thank you to the law review’s faculty advisor, Professor Vincent Bonventre, for his steadfast enthusiasm and encouragement this year. -
HS Newsletter 7-04 2-Up
ISSUE 4 2006 The Historical Society of the Courts of the State of New York The Lemmon Slave Case BY JOHN D. GORDAN, III OFFICERS: Albert M. Rosenblatt, N LEMMON V PEOPLE, 20 N.Y. 562 (1860), President the New York Court of Appeals made the strongest John D. Gordan, III, \statement against slavery of the highest court of any Vice President state before the Civil War. In those days, slavery was a E. Frances Murray, ward of the federal government. Although its legal exis- Secretary tence and attributes were individually regulated by Stephen P. Younger, each state, North and South, at a national level slavery Treasurer was protected by the Constitution of the United States Marilyn Marcus, and by the Fugitive Slave Acts of 1793 and 1850. Executive Director Apart from domestic regulation within the borders BOARD OF TRUSTEES: Every person...brought Helaine M. Barnett “ Richard J. Bartlett into this State as a slave... Barbara A. Brinkley shall be FREE Penelope D. Clute ” 1 Revised Statutes of New York Norman Goodman (part I, ch XX, tit VII § 1 [3d ed 1846]) Henry M. Greenberg Judith S. Kaye of individual states, slavery was an issue in the courts in The decisions and arguments of counsel, as published by Stephen Rackow Kaye three principal categories: Horace Greeley and Co. (1860) Robert G. M. Keating 1. enforcement of the Slave Trade Act of 1807 and its progeny, which banned the importation of slaves into A. Thomas Levin the United States; Jonathan Lippman 2. enforcement of the Fugitive Slave Acts, which authorized slave owners to pursue their slaves fleeing across state lines and to bring them back after an abbreviated judicial hearing; and E. -
Judicial Notice Issue 6 L January 2009
A PeriodicAl of New York court HistorY Judicial Notice issue 6 l JanuArY 2009 Featured Biography: Benjamin Cardozo l Judith S. Kaye The Election of Chief Judge Irving Lehman l Henry M. Greenberg The Impeachment of Governor Willliam Sulzer l John Dunne tHe HistoricAl societY of tHe courts of tHe stAte of New York TABLE CONTENTS of ISSUE 6 JANUARY 2009 pg 3 pg 19 pg 31 pg 37 FEATURED ARTICLES Pg 3 Benjamin Nathan Cardozo by Judith S. Kaye Pg 19 The Election of Chief Judge Irving Lehman by Henry M. Greenberg Pg 31 Impeachment as a Political Weapon: The Case of Governor William Sulzer by John Dunne DEPARTMENTS Pg 2 From the Executive Director Pg 37 THE DAVI D A. GARFINKEL ST U D EN T Ess AY The Courts and Human Rights in New York: The Legacy of the Lemmon Slave Case by Elijah Fagan-Solis Pg 43 A Look Back Pg 46 Society Officers and Trustees Pg 46 Society Membership Pg 49 Society Store Pg 51 Courthouse Art JUDICIAL NOTICE l 1 F ROM THE EXECUTIVE DIRECTOR e proudly present a renamed, enhanced version of our newsletter, now called Judicial Notice. We are grateful to the designer, Teodors Ermansons, whose vision DearWcan be seen Members on each page, and to our editorial staff. They have worked hard to produce a beautiful, readable publication, containing articles of interest on a variety of topics about the legal history of our State, in addition to updates about Society events and activities. In this issue of Judicial Notice, we feature a brilliant and insightful biography of Benjamin Nathan Cardozo written by Chief Judge Judith S. -
Hon. Judith S. Kaye Former Chief Judge of the State of New York Part I
THE HISTORICAL SOCIETY OF THE NEW YORK COURTS ORAL HISTORY PROGRAM Hon. Judith S. Kaye Former Chief Judge of the State of New York Part I: Childhood and Education Part II: Law School and Firm Life Part III: Court of Appeals Years & Part IV: Court of Appeals Years Continued Chief Judge of the State of New York: Administering the Court System Life After The Court Years Found on exterior entrance to New York Court of Appeals KAYE THE HISTORICAL SOCIETY OF THE NEW YORK COURTS 140 Grand Street, Suite 701 White Plains, New York 10601 914.824.5717 [email protected] www.nycourts.gov/history ORAL HISTORY Subject: Hon. Judith S. Kaye Former Chief Judge of the State of New York An Interview Conducted by: Anne C. Reddy and Hon. Robert M. Mandelbaum Dates of Interview: September 26, 28, 2011; October 19, 20, 2011 Location of interview: Skadden Arps Slate Meagher & Flom LLP 4 Times Square, New York, New York 10036 Copyright © 2012 The Historical Society of the New York Courts KAYE In 2005, The Historical Society of the New York Courts (the Society) established an oral history program to document the recollections of retired Judges of the New York State Court of Appeals (New York’s highest court), retired judges and justices from other courts in the State, and prominent New York lawyers (Subjects). Starting in 2009, all interviews were videotaped. Interviews prior to that time were either audio or video taped. Interviews wereconducted by informed interviewers, familiar with both the Subject and New York jurisprudence (Interviewers). The transcripts of the record are reviewed by Subjects and Interviewers for clarity and accuracy, corrected, and deposited in the Society’s archives. -
Nominees to the Court
State of New York COMMISSION ON JUDICIAL NOMINATION CANDIDATES NOMINATED FOR APPOINTMENT TO THE NEW YORK STATE COURT OF APPEALS 1979 TO PRESENT (Names in bold represent the candidate selected by the Governor or Governor-Elect) Vacancy #1 Chief Judge Charles D. Breitel (1979) 1. Harold Birns, Assoc. Justice, 1st Department 1 2. Lawrence H. Cooke, Assoc. Judge, Court of Appeals 3. Dominick Gabrielli, Assoc. Judge, Court of Appeals 4. Louis Greenblott, Assoc. Justice, 3rd Department 5. Matthew J. Jasen, Assoc. Judge, Court of Appeals 6. Bernard S. Meyer, Former Justice, Supreme Court, 10th Jud. District 7. Richard D. Simons, Assoc. Justice, 4th Department Vacancy #2 Associate Judge Lawrence H. Cooke (1979) 1. Harold Birns, Assoc. Justice, 1st Department 2. Mary Johnson Lowe, U.S. District Judge, SDNY 3. Joseph M. McLaughlin, Dean, Fordham Law School 1 4. Bernard S. Meyer, Former Justice, Supreme Court, 10th Jud. District 5. Richard D. Simons, Assoc. Justice, 4th Department Vacancy #3 Associate Judge Matthew Jasen (1981) 1. James H. Boomer, Justice, Supreme Court, 7th Jud. District 1 2. Matthew J. Jasen, Assoc. Judge, Court of Appeals 3. Richard D. Simons, Assoc. Justice, 4th Department Vacancy #4 Associate Judge Dominick Gabrielli (1983) 1. Bertram R. Gelfand, Surrogate, Bronx County 2. Joseph M. McLaughlin, U.S. District Judge, EDNY 2 3. Richard D. Simons, Assoc. Justice, 4th Department 4. Vito J. Titone, Assoc. Justice, 2nd Department Vacancy #5 Associate Judge Jacob D. Fuchsberg (1983) 1. Betty Weinberg Ellerin, Dep. Chief Administrative Judge 2. Bertram R. Gelfand, Surrogate, Bronx County 3. Stewart F. Hancock, Assoc. Justice, 4th Department 2 4.