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THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION July/August 2019 www.nassaubar.org Vol. 68, No. 11 Follow us on Facebook NCBA COMMITTEE MEETING CALENDAR Page 22 An Exclusive SAVE THE DATES BBQ AT THE BAR Member Experience Thursday, September 5, 2019 5:30 p.m. at Domus By Ann Burkowsky See Insert and pg. 6 Being a member of the Nassau Coun- ty Bar Association means you are part of JUDICIARY NIGHT the largest suburban bar association in the Thursday, October 17, 2019 country, a thriving organization consisting 5:30 p.m. at Domus of nearly 5,000 attorneys and legal profes- See pg. 6 sionals who strive to successfully build and grow their careers within the legal field. As OPEN HOUSE members of the NCBA you have access to Thursday, October 24, 2019 an array of unprecedented, exclusive mem- 3:00 p.m.-7:00 p.m. at Domus ber benefits that many bar associations do Volunteer lawyers needed not offer. to give consultations. In addition to networking opportunities Contact Gale Berg at (516) 747-4070 or and social events, the NCBA provides its [email protected]. members with the opportunity to meet top legal practitioners, judges, specialists and authorities; take a stand on important WHAT’S INSIDE issues affecting our county and country; and obtain the tools to grow a successful Education/Constitutional Law practice. Academic Freedom: Who And What When asked about the benefit of being Does It Protect? Page 3 a member, NCBA President Richard D. Designated Duty: A University’s Collins shared that, “Being a member of the Photo by Ann Burkowsky Obligation to Students with Mental NCBA is the easiest way for an attorney to Health Issues Page 5 become more involved shaping the future of know is that the NCBA now offers FREE the legal community. The NCBA offers an Reasonable Expectation? “Chalking” unlimited live academy and committee experience unlike any other bar association. Tires May Violate the Fourth CLE, as well as 12 free credits of CD/DVD Our members have face-to-face opportuni- Amendment Page 6 rental for those who are unable to attend ties to grow meaningful relationships, build an in-house CLE program. Suspension of Students with their practices, and maintain professional Under the leadership and tireless Disabilities for Sexualized Utterances success.” efforts of Jennifer Groh, Nassau Acade- and Behaviors Page 7 Free CLE: Includes my of Law Director, and Patti Anderson, Municipal Fees and the Eighth Executive Assistant, the NCBA is able Amendment’s Excessive Bridge-the-Gap Weekend to provide its members with an array of Fines Clause Page 8 Continuing Legal Education (CLE) is engaging CLE programs and seminars Proposed Due Process Protections a mandatory requirement in New York that cater to every facet of the legal field. for Students Accused of for admitted lawyers. What many of our Sexual Misconduct Page 9 current and prospective members do not See MEMBER EXPERIENCE, Page 4 Photo by Hector Herrera The Intimate Association Between the First and Fourteenth Amendments Page 10 The Second Department’s Position on CPLR 5015(a)(3) Page 12 RENEW YOUR MEMBERSHIP TODAY! PLAY REVIEW A Mockingbird Lands at the Shubert Theatre Page 16 The 2019-20 membership year is here. Renew your NCBA membership today to continue to enjoy exclusive benefits and networking opportunities. You don’t want to miss out. OF NOTE This is the final chance to be included in the NCBA Membership Directory. Renew your membership and indicate your committee choices today! The full committee description list is located on page 25. NCBA Member Benefit - I.D. Card Photo Obtain your photo for Secure Pass Court Indicate your choices on your membership renewal form when you renew online ID cards at NCBA Tech Center at www.nassaubar.org. For further information, contact Stephanie Pagano in our Only For New Applicants Membership Department at (516) 747-4070 or [email protected]. Cost $10 • August 6, 7, & 8 & September 3, 4 & 5, 2019 9 a.m. - 4 p.m. UPCOMING PUBLICATIONS CONFIDENTIAL HELP IS AVAILABLE COMMITTEE MEETINGS AT TO LAWYERS AND JUDGES alcohol or drug use, depression or THE BAR ASSOCIATION other mental health problems Thursday, September 5, 2019 12:45 p.m. Call Lawyer Assistance Program Thursday, October 3, 2019 12:45 p.m. (888)408-6222 2 July/August 2019 Nassau Lawyer 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 July/August 2019 3 Education/Constitutional Law Academic Freedom: Who And What Does It Protect? Having recently celebrated the Fourth of growth of nonsectarian univer- tution (promoting inquiry and they are to think intelligently.”6 July, the issue of academic freedom seems sities in the United States during advancement of knowledge).4 According to the Declaration, the power particularly timely. Attorneys practicing edu- the late 1800s.1 With the rise of The Declaration affirms that a to determine when violations of these obli- cation law are regularly faced with issues ideological conflicts, especial- university must provide a safe gations have occurred, should be vested in concerning academic freedom. What is meant ly relating to economic theory, haven free from the criticisms of bodies composed solely of members of the by the term “academic freedom” and what faculty members at many US public opinion and punishment academic profession. role the law plays are two very important universities felt the need for pro- for providing thought-provoking Like attorney discipline in the legal questions. tection against their dismissal discussion.5 profession, the Declaration indicates that Apparently, it is not always clear where aca- for views administrators found The Declaration describes non-academics do not possess the full com- demic freedom as a set of professional princi- disagreeable. what it considers the obligations petence to properly judge requirements. ples ends and the law begins. Academic free- In 1915, the American Asso- of those bestowed with such free- Also, they may be seen as acting on motives dom has been recognized by the United States ciation of University Professors doms. Specifically, the teacher: other than zeal for academic integrity and Supreme Court and by lower federal courts (the “AAUP”) was founded and Cynthia Augello “in giving instruction upon the maintenance of professional standards. in connection with First Amendment cases issued its Declaration of Princi- controversial matters, while At the same time, placing this authority involving both universities as institutions and ples on Academic Freedom and under no obligation to hide his exclusively in the hands of faculty mem- the individual rights of faculty members. Academic Tenure (the “Declaration”).2 The own opinion under a mountain bers imposes a corresponding obligation to Academic freedom is largely unanalyzed, Declaration states that the academic free- of equivocal verbiage, should, if he is fit police the standards of their profession.7 undefined, and unguided by principled appli- dom of a teacher “comprises three elements: for his position, be person of a fair judicial In 1940, the AAUP and the Association cation, leading to its inconsistent invocation. freedom of inquiry and research; freedom mind; he should, in dealing with such sub- of American Colleges (today the Associa- Thus, the relationship between academic free- of teaching within the university or college; jects, set forth justly, without suppression of tion of American Colleges and Universities) dom and the First Amendment is unclear. Like and freedom of extramural utterance and innuendo, the divergent opinions of other agreed to a revised version of the Declara- many other terms bandied about these days, action.” investigators; he should cause his students tion, known as the 1940 Statement of Prin- “academic freedom” is something that means It then discusses three considerations to become familiar with the best published ciples on Academic Freedom and Tenure different things to different people, and for deemed critical to understanding these expressions of the great historic types of (the “1940 Statement”).8 The 1940 State- that reason is often misunderstood. principles.3 These three considerations in doctrine upon the questions at issue; and ment, which reaffirmed the basic principles sum and substance are: (1) the basis of he should, above all, remember that his of the Declaration, together with its 1970 What is Academic Freedom? academic authority (education institutions business is not to provide his students with Interpretive Comments, have been endorsed American principles on academic free- as a public trust); (2) the nature of the aca- ready-made conclusions, but to train them by hundreds of organizations and scholarly dom were heavily influenced by the practices demic calling (independence of faculty); to think for themselves, and to provide them of German universities as well as by the and (3) the functions of an academic insti- access to those materials which they need if See ACADEMIC, Page 24 Appellate Counsel The Hon.