State of the Judiciary Report
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Report of the Working Group on Judiciary Law §470
REPORT OF THE NYSBA WORKING GROUP ON JUDICIARY LAW §470 Background Judiciary Law §470 provides: A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state. In 2009, Ekaterina Schoenefeld, an attorney licensed to practice in New York, but residing in New Jersey and having an office only in New Jersey, commenced an action in federal court in the Northern District of New York to challenge Judiciary Law §470 under the United States Constitution. In 2011, the District Court found §470 unconstitutional under the Privileges and Immunities Clause.1 The Attorney General appealed the decision to the Second Circuit, and the Second Circuit certified the question of what constituted an office within the state to the New York Court of Appeals.2 The Court of Appeals accepted the certification3 and, interpreting the statute for the first time, held that §470 “requires nonresident attorneys to maintain a physical office in New York.”4 In its opinion, the Court of Appeals recognized that the State “does have an interest in ensuring that personal service can be accomplished on nonresident attorneys admitted to practice here.” However, the Court acknowledged that currently “there would appear to be adequate measures in place relating to service on nonresident attorneys” under the CPLR and its own Court rules and that the Legislature could take additional action if necessary. On June 30, 2015, while the appeal was pending before the Second Circuit, then NYSBA President David Miranda appointed the Working Group to address the issue of the requirements on non-resident attorneys to practice in New York and to make a recommendation once the Second Circuit determined the issue of the statute’s constitutionality. -
Rule-Of-Law.Pdf
RULE OF LAW Analyze how landmark Supreme Court decisions maintain the rule of law and protect minorities. About These Resources Rule of law overview Opening questions Discussion questions Case Summaries Express Unpopular Views: Snyder v. Phelps (military funeral protests) Johnson v. Texas (flag burning) Participate in the Judicial Process: Batson v. Kentucky (race and jury selection) J.E.B. v. Alabama (gender and jury selection) Exercise Religious Practices: Church of the Lukumi-Babalu Aye, Inc. v. City of Hialeah (controversial religious practices) Wisconsin v. Yoder (compulsory education law and exercise of religion) Access to Education: Plyer v. Doe (immigrant children) Brown v. Board of Education (separate is not equal) Cooper v. Aaron (implementing desegregation) How to Use These Resources In Advance 1. Teachers/lawyers and students read the case summaries and questions. 2. Participants prepare presentations of the facts and summaries for selected cases in the classroom or courtroom. Examples of presentation methods include lectures, oral arguments, or debates. In the Classroom or Courtroom Teachers/lawyers, and/or judges facilitate the following activities: 1. Presentation: rule of law overview 2. Interactive warm-up: opening discussion 3. Teams of students present: case summaries and discussion questions 4. Wrap-up: questions for understanding Program Times: 50-minute class period; 90-minute courtroom program. Timing depends on the number of cases selected. Presentations maybe made by any combination of teachers, lawyers, and/or students and student teams, followed by the discussion questions included in the wrap-up. Preparation Times: Teachers/Lawyers/Judges: 30 minutes reading Students: 60-90 minutes reading and preparing presentations, depending on the number of cases and the method of presentation selected. -
Case 3:18-Cv-00428-HEH Document 85 Filed 03/11/19 Page 1 of 36 Pageid# 716
Case 3:18-cv-00428-HEH Document 85 Filed 03/11/19 Page 1 of 36 PageID# 716 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION FALLS CHURCH MEDICAL CENTER, LLC, ) d/b/a FALLS CHURCH HEALTHCARE CENTER, ) et al.; ) ) Plaintiffs, ) ) v. ) Case No. 3:18cv428-HEH ) M. NORMAN OLIVER, Virginia Health ) Commissioner, et al., ) ) Defendants. ) MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON COUNTS I-IV and COUNTS VII -VIII OF PLAINTIFFS’ AMENDED COMPLAINT i Case 3:18-cv-00428-HEH Document 85 Filed 03/11/19 Page 2 of 36 PageID# 717 TABLE OF CONTENTS TABLE OF AUTHORITIES ......................................................................................................... iv INTRODUCTION ...........................................................................................................................1 STANDARD OF REVIEW AND APPLICABLE LEGAL STANDARD .....................................1 STATEMENT OF UNDISPUTED MATERIAL FACTS ..............................................................3 ARGUMENT ..................................................................................................................................7 A. Defendants are Entitled to Summary Judgment on Plaintiffs’ As-Applied Challenge to Virginia’s Physician-Only Law. ..........................................................................................7 1. Virginia Code § 18.2-72, as applied, imposes no substantial obstacle to abortion care. 8 2. Virginia Code § 18.2-72, as applied, provides benefits -
A Guide to the Federal Magistrate Judges System
A GUIDE TO THE FEDERAL MAGISTRATE JUDGES SYSTEM Peter G. McCabe A White Paper Prepared at the Request of the Federal Bar Association Hon. Michael J. Newman, United States Magistrate Judge Chair of the Federal Bar Association’s Magistrate Judge Task Force (2013-14) President of the Federal Bar Association (2016-17) Hon. Gustavo A. Gelpí, Jr., United States District Judge President of the Federal Bar Association & Creator of the FBA’s Magistrate Judge Task Force (2013-14) August 2014 Updated October 2016 Introduction In the United States District Courts, there are two types of federal judges: United States District Judges (confirmed by the Senate with life tenure); and United States Magistrate Judges (appointed through a merit selection process for renewable, eight year terms). Although their precise duties may change from district to district, Magistrate Judges often conduct mediations, resolve discovery disputes, and decide a wide variety of motions; determine whether criminal defendants will be detained or released on a bond; appoint counsel for such defendants (and, in the misdemeanor context, hold trials and sentence defendants); and make recommendations regarding whether a party should win a case on summary judgment, whether a Social Security claimant should receive a disability award, whether a habeas petitioner should prevail, and whether a case merits dismissal. When both sides to a civil case consent, Magistrate Judges hear the entire dispute, rule on all motions, and preside at trial. There are now 531 full-time Magistrate Judges in the United States District Courts. According to the Administrative Office of the U.S. Courts, in 2013, Magistrate Judges disposed of a total of 1,179,358 matters.1 The importance of Magistrate Judges to the day-to-day workings of the federal trial courts cannot be overstated. -
Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region Ann D
Cornell International Law Journal Volume 30 Article 3 Issue 2 1997 Lost in the Translation: Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region Ann D. Jordan Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Jordan, Ann D. (1997) "Lost in the Translation: Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region," Cornell International Law Journal: Vol. 30: Iss. 2, Article 3. Available at: http://scholarship.law.cornell.edu/cilj/vol30/iss2/3 This Article is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Lost in the Translation: Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region Ann D. Jordan* Introduction Hong Kong's common law legal system will not survive the 1997 transfer of sovereignty to China intact. It will slowly be transformed into a capitalist common law/socialist civil law system, tempered by political realities rather than forged by a coherent set of legal principles. The formal source of the conflict is the Basic Law,' a Chinese state-level law written by main- land Chinese scholars and officials with input from Hong Kong officials. The Basic Law is the national expression of China's promises contained in the Joint Declaration,2 the 1984 agreement whereby Britain transfers sover- eignty over Hong Kong to China. -
Judges and the Rule of Law Re
Judges and the Rule of Law Creating the Links: Environment, Human Rights and Poverty Edited by Thomas Greiber Judges and the Rule of Law Creating the Links: Environment, Human Rights and Poverty Edited by Thomas Greiber Papers and Speeches from an IUCN Environmental Law Programme (ELP) Side Event at the 3rd IUCN World Conservation Congress (WCC) held in Bangkok, Thailand, 17–25 November 2004 IUCN Environmental Policy and Law Paper No. 60 The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN or BMZ concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The views expressed in this publication do not necessarily reflect those of IUCN or BMZ. This publication has been made possible in part by funding from BMZ, the German Federal Ministry of Economic Cooperation and Development. Published by: IUCN, Gland, Switzerland and Cambridge, UK, in collaboration with IUCN Environmental Law Centre, Bonn, Germany Copyright: © 2006 International Union for Conservation of Nature and Natural Resources Reproduction of this publication for educational or other non-commer- cial purposes is authorized without prior written permission from the copyright holder provided the source is fully acknowledged. Reproduction of this publication for resale or other commercial purposes is prohibited without prior written permission of the copy- right holder. Citation: Greiber, T. (Ed.) 2006. Judges and the Rule of Law. Creating the Links: Environment, Human Rights and Poverty. IUCN, Gland, Switzerland and Cambridge, UK. -
New York State Bar Association Committee on Attorneys in Public Service December 3, 2008
NEW YORK STATE BAR ASSOCIATION COMMITTEE ON ATTORNEYS IN PUBLIC SERVICE SUBCOMMITTEE ON THE ADMINISTRATIVE LAW JUDICIARY MODEL CODE OF JUDICIAL CONDUCT FOR STATE ADMINISTRATIVE LAW JUDGES Adopted by the New York State Bar Association Subcommittee on the Administrative Law Judiciary November 7, 2008 Adopted by the New York State Bar Association Committee on Attorneys in Public Service December 3, 2008 Approved by the New York State Bar Association House of Delegates April 4, 2009 NEW YORK STATE BAR ASSOCIATION Committee on Attorneys in Public Service Subcommittee on the Administrative Law Judiciary COMMITTEE ON MODEL CODE OF JUDICIAL CONDUCT FOR STATE ADMINISTRATIVE LAW JUDGES* Hon. Catherine M. Bennett, ALJ Hon. John H. Farrell, ALJ Spencer Fisher, Esq. David B. Goldin, Esq. Hon. James F. Horan, ALJ Hon. Elizabeth H. Liebschutz, Chief ALJ Hon. Peter S. Loomis, Chief ALJ Hon. Marjorie A. Martin, ALJ Hon. James T. McClymonds, Chief ALJ Hon. Edward R. Mevec, ALJ Christina L. Roberts, Esq. Joanna Weiss, Esq. Hon. Marc P. Zylberberg, ALJ * The Committee would like to especially recognize and thank Ms. Quinn Morris, Legal Intern and recent Albany Law School graduate, and Mr. Paul Buchbinder, Legal Intern, for their invaluable assistance in preparing this Model Code of Judicial Conduct for State Administrative Law Judges. -ii- MODEL CODE OF JUDICIAL CONDUCT FOR STATE ADMINISTRATIVE LAW JUDGES Table of Contents Preamble...................................................................................................................................... -
Cash Bail Issue Brief 2
Cash Bail Issue Brief • The cash bail system punishes the poor simply because they are poor. Across the country, a person’s wealth determines who sits in jail before trial and who is able to go home.1 For example, a wealthy person arrested for a violent felony that poses a potential safety risk to the community could be released from jail if they make bail. A person arrested for a nonviolent misdemeanor, such as shoplifting, could sit in jail for weeks or longer because they cannot pay a few hundred dollars for bail. Cash bail is perhaps the clearest example of our two-tiered criminal justice system. • Many jailed individuals are alleged to have committed low-level and nonviolent offenses. In fact, 3 out of 4 criminal cases in state trial courts are for misdemeanors that, if proved, would result in fines and/or less than a year in jail.2 • Wealth-based incarceration disproportionately targets people of color and women and creates harsher case outcomes. o Research demonstrates that African Americans and Latinos are more likely to be detained than whites with similar charges and histories. Furthermore, African Americans and Latinos often face higher bail amounts and are less likely to be released on conditions that do not involve paying money.3 Compared to white men charged with the same crime and with the same criminal histories, African American men receive bail amounts that are 35% higher. For Hispanic men, bail is 19% higher than white men.4 o Most women in jail are charged with nonviolent crimes, yet women are less likely to be able to afford cash bail. -
A Comparison of Executive and Judicial Powers Under the Constitutions of Argentina and the United States Alexander W
College of William & Mary Law School William & Mary Law School Scholarship Repository James Goold Cutler Lecture Conferences, Events, and Lectures 1937 A Comparison of Executive and Judicial Powers Under the Constitutions of Argentina and the United States Alexander W. Weddell Repository Citation Weddell, Alexander W., "A Comparison of Executive and Judicial Powers Under the Constitutions of Argentina and the United States" (1937). James Goold Cutler Lecture. 24. https://scholarship.law.wm.edu/cutler/24 Copyright c 1937 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/cutler A Comparison of Executive and Judicial Powers Under the Constitutions of Argentina 'and the United States AN ADDRESS DELIVERED BY ALEXANDER w. WEDDELL Ambassador to the Argentine Republic AT THE COLLEGE OF WILLIAM AND MARY WILLIAMSBURG, VIRGINIA APRIL 23, 1937 A Comparison of Executive and Judicial Powers Under the Constitutions of Argentina and the United States BY ALEXANDER W. WEDDELL Ambassador to the Argentine Republic An Address Before the President, Faculty, Students and Guests of the College of William and Mary Williamsburg, Virginia April 23, 1937 Mr. President, Members of the Faculty, Ladies and Gentlemen: My presence in Williamsburg today is in obedience to a command from the President and Faculty of this venerable and venerated Institution to assemble with them to receive a high honor. And since I can find no words with which to adequately express to them my gratitude for the distinction conferred on me this morning, I can only utter, in my solemn pride, a heart felt "thank you,"-a thanks which I beg you to be lieve is "deeper than the lip." In asking me to address you this evening the President and Faculty do me further honor, if at the same time they lay upon me a heavy burden. -
VIRGINIA LAWYER REGISTER the Official Publication of the Virginia State Bar
Virginia LawyerVOL. 69/NO. 5 • February 2021 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar The Health Law Issue The COVID-19 Pandemic and the Law Attorney General Mark R. Herring and the Pandemic Legal Team Virginia Lawyer The Official Publication of the Virginia State Bar February 2021 Volume 69/Number 5 Features Noteworthy HEALTH LAW VSB NEWS 37 Stephanie Grana Elected VSB 13 The Year of Health Law Adaptation President-elect by Allyson K. Tysinger 37 New Virginia Lawyers Sworn in Virtually 14 COVID-19 Liability in Long-Term Care: A Tidal Wave or a Trickle of Litigation in Virginia? 37 Be Prepared: National Healthcare by Beth A. Norton Decisions Day 38 Prince William County Bar 18 Expansion of Telemedicine during COVID-19 Association Honors Local and the Issue of Non-Compete Agreements Attorneys by Dean E. Lhospital 39 In Memoriam 40 Augustus Benton Chafin 22 The New Virginia DOLI COVID-19 Emergency Workplace Standards: An Administrative Nightmare for Healthcare Providers 40 Florence W. Madden by William P. “Scott” Daisley and Elizabeth Dahl Coleman 41 Joan Marie O’Donnell 41 Mark B. Sandground Sr. 26 Pre-Disposition Mitigation of Traffic Cases: A Simple Proposal to Improve Access to Justice, Public Health, 42 Bar Council Elections and Court Operation during COVID and Beyond by Shawn Mihill Departments 6 Forum 28 The COVID-19 Pandemic: The Legal Issues, the Public Impact, and Our Progress 36 Wellness by Mark R. Herring, Attorney General of Virginia 57 Professional Notices 60 Cartoon GENERAL INTEREST 60 Advertiser’s Index 61 Classified Ads 30 Goodbye VPNs – Hello Zero Trust Network Access by Sharon D. -
Summons and Complaint Circuit Court Virginia Sample
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United States District Court for the Western District of Virginia Harrisonburg Division
United States District Court For the Western District of Virginia Harrisonburg Division _________________________________________ ) ) Civil No. 5:12cv00056 THOMAS L. SWITZER, ) ) Plaintiff, ) REPORT AND v. ) RECOMMENDATION ) ) SHERIFF JOHN THOMAS, et al, ) By: James G. Welsh ) U. S. Magistrate Judge Defendants. ) ) _________________________________________ ) This matter is before the undersigned pursuant to previously entered orders of referral. (Doc. 5, 17 and 18). Thomas L. Switzer (“Switzer” or “the plaintiff”), is a frequent litigant in this district, and he brings this lawsuit under 42 U.S.C. § 1983 against officials at the Page County (Virginia) Jail alleging that those officials subjected him to cruel and unusual punishment in violation of the Eighth Amendment. (Doc. 3). He also alleges that a jail nurse violated the privacy requirements of the Health Insurance Portability and Accountability Act (“HIPAA”) by disclosing Switzer’s private medical information to other jail personnel and inmates. In response the defendants have moved to dismiss Switzer’s complaint for failure to state a claim on which this court can grant him relief (Doc. 9) and further moved for entry of an order requiring pre-filing review (Doc. 11 and 40). A show cause order (Doc. 49) was thereafter entered on September 20, 2012 providing the plaintiff with notice and a reasonable opportunity to respond to the defendants’ motion seeking a system of pre-filing review. See Cromer v. Kraft Foods N. Am., Inc., 390 F.3d 812, 819 (4th Cir. 2004) (“before a judge issues a pre-filing injunction under 28 U.S.C. § 1651(a), even a narrowly tailored one, he must afford a litigant notice and an opportunity to be heard.”); F.R.C.P 11(c)(1).