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September/October 2000 Vol THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK September/october 2000 vol. 55, No. 5 DOLLARS AND DEMOCRACY: A Blueprint for Campaign Finance Reform HERMAN GOLDMAN MEMORIAL LECTURE Should We End Life Support for Death Taxes? S E P T E21st M B E RCentury / O C T O B E TrademarkR 2 0 0 0 ◆ V OBasics L. 5 5, N O. 5 597 THE RECORD september/october 2000 vol. 55, No. 5 Contents OF NOTE 599 THE HERMAN GOLDMAN MEMORIAL LECTURE SHOULD WE END LIFE SUPPORT FOR DEATH TAXES? 603 FORMAL OPINION 2000-03: THE ACCEPTANCE OF SECURITIES 629 IN A CLIENT COMPANY IN EXCHANGE FOR LEGAL SERVICES TO BE PERFORMED by the Committee on Professional and Judicial Ethics DOLLARS AND DEMOCRACY: A BLUEPRINT FOR 645 CAMPAIGN FINANCE REFORM—INTRODUCTION AND SUMMARY by the Commission on Campaign Finance Reform 21ST CENTURY TRADEMARKS 662 by the Committee on Trademarks and Unfair Competition POLICING AND THE COMMUNITY IN THE 21ST CENTURY: 687 SEARCHING FOR COMMON GROUND by the Council on Criminal Justice LETTER TO SECURITIES AND EXCHANGE COMMISSION 712 REGARDING THE FACILITATION OF ELECTRONIC COMMUNICATIONS REQUIRED UNDER THE SECURITIES LAWS by the Committee on Securities Regulation NEW MEMBERS 728 A SELECTIVE BIBLIOGRAPHY: 736 EYEWITNESS TESTIMONY AND IDENTIFICATION by Ronald I. Mirvis THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published six times a year , January-February, March-April, May-June, July- August, September-October, and November-December, 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 R E C ORD 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 © 2000 The Association of the Bar of the City of New York. All rights reserved. T H E R E C O R D 598 EDITORIAL BOARD EVAN A. DAVIS KATHY HELLENBRAND ROCKLEN 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 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 (212) 382-6742 ADVERTISING [email protected] Anna Nichols (212) 382-6694 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 E P T E M B E R / O C T O B E R 2 0 0 0 ◆ V O L. 5 5, N O. 5 599 Of Note IN JULY, OVER 200 WOMEN ATTENDED “WHAT IT’S (REALLY) LIKE TO Practice Law in NYC as a Woman,” held at the Association. The annual program, co-sponsored by the Committee on Women and the Law (Susan Kohlmann, Rosalyn Richter, co-Chair) and the Committee on Law Stu- dent Perspectives (Jennifer Mone, Chair), and held in conjunction with the New York Women’s Bar Association’s Committee to Advance Women in the Profession, featured a panel of women attorneys from diverse prac- tice areas who addressed the problems women attorneys have faced in the past and continue to overcome. ❊ ALSO IN JULY, FORMER NEW YORK STATE GOVERNOR MARIO COUMO addressed an enthusiastic group of summer associates and Association members at the Association. Governor Coumo discussed the legal profes- sion and gave his advice to the summer associates as they start their pro- fessional lives. The event was co-sponsored by the New York Law Journal. ❊ IN AUGUST, THE ASSOCIATION HOSTED A RECEPTION FOR THE OVER 60 participating students in the 2000 Thurgood Marshall Summer Law Internship Program. Association President Evan A. Davis made welcom- ing remarks, and Hon. Fern-Fisher Brandveen, Administrative Judge of the New York City Civil Court, addressed the students. The program pro- vides paying summer jobs for New York City high school students—all of whom have shown an interest in the law—in a variety of legal environ- ments such as law firms, corporate law departments and law schools. In addition to their employment experience, the interns were given a sense of the Columbia Law School environment and of Night Court, courtesy of the Legal Aid Society. The program is sponsored by the Committee on the Thurgood Marshall Summer Law Internship Program (Vaughan Buf- falo, Chair). T H E R E C O R D 600 O F N O T E ❊ THE FOLLOWING NEW COMMITTEE CHAIRS HAVE BEEN RECENTLY AP- pointed for terms beginning September 1, 2000: Paul McDonnell (Criminal Justice Operations and Budget); Michael L. Schler (Herman Goldman Memorial Lectures); Sandra Weiksner (Mortimer H. Hess Memorial Lectures); Robert M. Kaufman (House); Joseph P. Bur- den (Housing Court); Alisa Levin (Lawyers in Transition); Lawrence M. Grosberg (Legal Education and Admission to the Bar); Darrell S. Gay (Mi- norities in the Profession); Erin E. Raccah (Sex and Law); Alfreida B. Kenny (Thurgood Marshall Summer Law Internship Program); and Penelope L. Christophorou (Uniform State Laws). S E P T E M B E R / O C T O B E R 2 0 0 0 ◆ V O L. 5 5, N O. 5 601 Recent Committee Reports Arbitration Recommending Support for the Proposed Revised Uniform Arbitration Act (RUAA) Children and the Law/Family Court and Family Law Response to the Statement of the Committee on Representation of the Poor in the First Judicial Department Education and the Law Letter re: Comments to the Regulations for Qualified Zone Academy Bonds Election Law Letter re: A Bill in Relation to Presidential Primaries (S.7418) Family Court and Family Law Letter to the Governor re: Support of Bill which Provides for the Represen- tation of Foster Care Children at Adoption Proceedings (S.7225) Federal Courts Letter to Judge Scirica, US Court of Appeals re: Subcommittee on Attor- ney Conduct Rules Letter to Judge Rosenthal re: Comments on Changes to Federal Rule of Civil Procedure 23 Futures Regulation Comments on Proposed Rule 4.27—Public Reporting by Operators of Cer- tain Large Commodity Pools International Environmental Law Letter to The World Bank re: China-Western Poverty Reduction Project Land Use Planning and Zoning Letter to Senator Orrin Hatch re: Religious Land Use and Institutionalized Persons Act (S.2869) T H E R E C O R D 602 R E C E N T C O M M I T T E E R E P O R T S Pro Bono and Legal Services Letter to NYS CLE Board re: Request for the Opportunity to Comment on Pro Bono Guidelines Amicus Brief re: United States of America and Inspector General of the Legal Services Corporation v. Legal Services for New York City and Legal Aid Bureau, Inc. Project Finance Comments on UNCITRAL Guide to Privately Financed Infrastructure Projects Real Property Law Report on Property Conditions Disclosure Act (S.5039-A/A.1173-C) Securities Regulation Letter to the Securities and Exchange Commission re: File s7-31-99, Pro- posed Rules 10b5-1 and 10b5-2 Social Welfare Law Amicus Brief: Legal Services Corporation and United States of America v. Velazquez Copies of any of the above reports are available to members by call- ing (212) 382-6658, or by e-mail, at [email protected]. S E P T E M B E R / O C T O B E R 2 0 0 0 ◆ V O L. 5 5, N O. 5 603 Should We End Life Support for Death Taxes? The Herman Goldman Memorial Lecture Should we end life support for death taxes? This was the question posed at the Herman Goldman Memorial Lecture, held at the Association on the evening of May 22, 2000—its topicality, given the House of Representatives Ways and Means Committee’s decision to repeal the Federal estate and gift tax, is obvious. Taking the affirmative, and presenting the case for the repeal, was Edward McCaffery, Professor of Law, University of Southern California. Taking the negative, and presenting the case against repeal, was Charles Davenport, Professor of Law, Rutgers University. Judge James Halpern, United States Tax Court, presided (although he did not enter judgment); and Willard Taylor, Chair of the Herman Goldman Lecture Committee, introduced the speakers. No transcript was made of the debate, but the speakers have set out below a summary of their arguments, and Judge Halpern has provided his com- ments. Attached at the end is a selective bibliography of the literature relat- ing to the repeal of the Federal estate and gift tax.
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