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Spring 2001 Vol THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK spring 2001 vol. 56, No. 2 FINANCING JUDICIAL CAMPAIGNS S P R I N G 2 0 0 1 ◆ V O L. 5 6, N O. 2 133 THE RECORD spring 2001 vol. 56, No. 2 Contents OF NOTE 135 ANNUAL MEETING OF THE ASSOCIATION PRESIDENT'S ADDRESS 142 Evan A. Davis PORTRAIT UNVEILING: MICHAEL A. COOPER 148 LETTER TO PRESIDENT BUSH RE: DEPARTING FROM PRACTICE OF ADVANCE REVIEW BY ABA OF POTENTIAL JUDICIAL NOMINEES 153 REPORT ON JUDICIAL CAMPAIGN FINANCE REFORM 157 by The Committee on Government Ethics MARRIAGE RIGHTS FOR SAME-SEX COUPLES IN NEW YORK 170 by The Committee on Lesbian and Gay Rights, the Committee on Sex and Law, and the Committee on Civil Rights THE USE OF THE UDRP AND THE ACPA TO COMBAT CYBERPIRACY 204 by The Committee on Trademarks and Unfair Competition STATEMENT IN SUPPORT OF THE FAMILY HEALTH CARE DECISIONS ACT CURRENTLY BEFORE THE NEW YORK STATE ASSEMBLY 220 by The Committee on Health Law FORMAL OPINION 2001-02: CONFLICTS IN CORPORATE AND TRANSACTIONAL MATTERS 227 by The Committee on Professional and Judicial Ethics SECONDARY AND SUPERVISORY LIABILITY UNDER THE COMMODITY EXCHANGE ACT: AN UPDATE 239 by The Committee on Futures Regulation NEW MEMBERS 295 THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published four times a year , Winter, Spring, Summer and Fall, 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. Periodicals postage paid at New York, NY and additional mailing offices. Postmaster: Send address changes to T H E RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, 42 West 44th Street, New York, NY 10036-6689. THE RECORD is printed on paper which meets the specifications of American National Standard ANSI Z39.49-1984, Permanence of Paper for Printed Library Materials. Copyright © 2001 The Association of the Bar of the City of New York. All rights reserved. T H E R E C O R D 134 EDITORIAL BOARD EVAN A. DAVIS DANIEL F. KOLB President Chair, Executive Committee BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN Executive Director General Counsel MARK WOLKENFELD Editor HOW TO REACH THE ASSOCIATION MAIN PHONE NUMBER: COMMITTEE MEMBERSHIP (212) 382-6600 Stephanie Rook (212) 382-6664 WORLD WIDE WEB ADDRESS: [email protected] http://www.abcny.org COMMUNICATIONS PRESIDENT Andrew J. Martin Evan A. Davis (212) 382-6713 (212) 382-6700 [email protected] [email protected] CONTINUING LEGAL EDUCATION EXECUTIVE DIRECTOR Michelle Schwartz-Clement (212) 382-6606 Barbara Berger Opotowsky [email protected] (212) 382-6620 [email protected] LAWYER ASSISTANCE PROGRAM Eileen Travis GENERAL COUNSEL (212) 382-5787 Alan Rothstein [email protected] (212) 382-6623 [email protected] LEGAL REFERRAL SERVICE Allen J. Charne ADMINISTRATIVE SERVICES (212) 626-7373 Robin Gorsline [email protected] (212) 382-6689 LIBRARY [email protected] Richard Tuske ADVERTISING (212) 382-6742 Sharon McNair [email protected] (212) 382-6689 Copy Services: (212) 382-6711 [email protected] Reference Desk: (212) 382-6666 MEMBERSHIP AND BENEFITS MEETING SERVICES Melissa Halili Nick Marricco (212) 382-6767 (212) 382-6637 [email protected] [email protected] CITY BAR FUND SMALL LAW FIRM CENTER Maria Imperial Carol Seelig (212) 382-6678 (212) 382-4751 [email protected] [email protected] S P R I N G 2 0 0 1 ◆ V O L. 5 6, N O. 2 135 Of Note THE FOLLOWING CANDIDATES HAVE BEEN ELECTED TO THE VARIOUS Association offices and committees for 2001-2002. President Evan A. Davis Vice Presidents Lowell D. Johnston Louise Marie Parent Kathy Hellenbrand Rocklen Treasurer Michael Iovenko Secretary James D. Herschlein Members of the Executive Committee Class of 2005 Ernest J. Collazo Eric M. Freedman Barry M. Kamins Susan J. Kohlman Members of the Committee on Audit Donald S. Bernstein Elizabeth S. Moore Susan Porter ❊ THE NOMINATING COMMITTEE FOR 2001-2002 CONSISTS OF: ANDREA J. Berger, Shelia Birnbaum, Micheal A. Cardozo, Fern Fisher-Brandveen, Helen E. Freedman, Kristin Booth Glen, and Robert D. Joffe. The Execu- tive Committee has elected Daniel F. Kolb Chair and Mark G. Cunha Secretary of the Executive Committee for 2001-2002. T H E R E C O R D 136 O F N O T E ❊ ON MAY 16, 2001, THE ASSOCIATION BESTOWED AN HONORARY MEM- bership upon Sir Sydney Kentridge QC, a distinguished member of the South African and English Bars who spent the majority of his legal career fighting against injustice during the era of apartheid. In particular, Sir Sydney was recognized for his willingness to dedicate his skills as an advo- cate to representing victims of apartheid. Former Association President Michael A. Cooper, who chairs the Association’s Committee on Honors, presented Sir Sydney with the honorary membership. In his remarks, Mr. Cooper recalled the courageous and often perilous way in which Sir Sydney advocated for those unjustly accused of false criminal charges by the South African government, particularly in the case of Stephen Biko. Biko, the head of South Africa’s Black Consciousness Movement, was imprisoned for violating a banning order. During his incarceration, Biko had been severely beaten and sustained major head injuries. Without medical treatment, Biko was transported to another prison some 750 miles away where he subsequently died. Sir Sydney represented Biko’s widow and family during the inquest, and his presentation constituted a withering indict- ment of apartheid. In his remarks, Mr. Cooper noted that the South Afri- can Court ruled that there was little evidence of criminal wrongdoing on the part of prison officials, but after Sir Sydney’s efforts few in the coun- try believed the government’s verdict and Biko was seen by many to be one of several heroes in the effort to bring about an end to Apartheid. Sir Sydney is one of four South Africans to receive an honorary mem- bership. In 1996, the Association bestowed an honorary membership upon Richard J. Goldstone, Justice of the Constitutional Court of South Africa, and in 1985, the Association bestowed an honorary membership upon Arthur Chaskalson, S.C., then Director of the Legal Resources Centre and now President of the South African Constitutional Court. In 1930, the honor was bestowed upon Field Marshal the Right Honourable Jan Chris- tian Smuts, P.C., O.M., Former Prime Minister and Minister of External Affairs in South Africa. ❊ THE TWEFLTH ANNUAL LEGAL SERVICES AWARDS WERE PRESENTED TO honor attorneys who provide crucial civil legal assistance to New York’s poor. Hon. Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives, presented the awards at a reception on May 7 at the Association. S P R I N G 2 0 0 1 ◆ V O L. 5 6, N O. 2 137 O F N O T E This year’s recipients are: Peggy Earisman, Managing Attorney, MFY Legal Services; Ken Kimmerling, Supervising Attorney, Asian American Le- gal Defense and Education Fund; Diane Lutwak, Attorney in Charge, The Legal Aid Society’s Brooklyn Office for the Aging; Foster Maer, Staff Attor- ney, Puerto Rican Legal Defense and Education Fund; and Rebecca Scharf, Senior Attorney, Welfare Law Center. This year’s awards included a special achievement award to Dale Johnson, former Executive Director of Legal Services for New York City, for his years of distinguished service. The awards, endowed by a generous contribution from the Horace W. Goldsmith Foundation, are administered by the Special Committee on the Legal Services Awards (John Kiernan, Chair). ❊ THE TENTH ANNUAL PRESENTATION OF THE HENRY L. STIMSON MEDAL to outstanding Assistant United States Attorneys in the Southern District and in the Eastern District of New York, was held on May 29 at the Asso- ciation. Hon. Barbara S. Jones, U.S. District Court for the Southern Dis- trict of New York, made welcoming remarks. Association President Evan A. Davis presented the awards to: Peter A. Norling, Eastern District/Criminal Division; Michael J. Goldberger, Eastern District/Civil Division; Robert S. Khuzami, Southern District/Criminal Division; and Daniel S. Alter, Southern District/Civil Division. The Stimson Medal, made possible by the firm of Pillsbury Winthrop, honors Mr. Stimson, who served as United States Attorney for the South- ern District from 1906-1909 during a career of distinguished public ser- vice. The awards are sponsored by the Committee on the Stimson Medal (Stephen A. Weiner, Chair) and the Committee on Federal Courts (Guy M. Struve, Chair). ❊ HON. STEPHEN G. CRANE, APPELLATE DIVISION, SECOND DEPARTMENT, presented the Association’s annual Municipal Affairs Awards on June 20. The Awards are given to lawyers from the New York City Law Department who have demonstrated outstanding performance. This year’s recipients are Anthony W. Crowell, Division of Legal Counsel; Karen Leslie Doyle, Environ- mental Law Division; Jenny A. Montana, Tort Division; Beth Nedow, Family Court Division; and Jorge A. Garcia, Economic Development Division. T H E R E C O R D 138 O F N O T E The awards are sponsored by the Committee on New York City Af- fairs (Alan J. Rothstein, Chair). ❊ THE 2001 BOTEIN AWARDS WERE PRESENTED BY HON. JOSEPH P. SULLIVAN, Presiding Justice of the Supreme Court of the State of New York, Appellate Division, First Department, at the Association on March 26, 2001. The Awards, dedicated to the memory of Bernard Botein, former Presi- dent of the Association, have been presented annually since 1976 to pay tribute to court personnel in the First Department who have made out- standing contributions to the administration of the courts.
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