NYLS Law Review Vols. 22-63 (1976-2019)

Volume 48 Issue 3 In Memoriam, W. Bernard Richland Article 1 (1909-2003)

January 2004

In Memoriam, W. Bernard Richland

Ross Sandler Law School

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Recommended Citation Ross Sandler, In Memoriam, W. Bernard Richland, 48 N.Y.L. SCH. L. REV. (2003-2004).

This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. 18314_nlr_48-3 Sheet No. 5 Side A 04/29/2004 08:40:46 * ANDLER in height, with sharp blue ″ S 4 ′ OSS R 385 (1909-2003) RIBUTE BY A T IN MEMORIAM, W. BERNARD RICHLAND BERNARD W. IN MEMORIAM, In his eighty-eighth year W. Bernard Richland began to write year W. Bernard Richland began In his eighty-eighth in New with passion and intelligence Richland participated that he was born in 1909 in Richland’s autobiography tells us * Professor, New York Law School; Director, New York Law School Center for M K eyes, blond hair, and high cheek bones that marked him as a Pole. eyes, blond hair, and high cheek which made him of German Jew- His name had been “Rieschlant” says, part of the 17th Century im- ish descent, most likely, Richland who had been invited by migration of German Jews into Polish rulers to attract skilled merchants. 12, Julius Ries- At age where, in Holland, he was taken chlant left Lodz and headed west as cabin boy.aboard an English fishing schooner Richland wrote Law. \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 1 26-APR-04 15:03 his autobiography.away on August 14, 2003 at the Before passing sixteen years. a draft describing his first age of 94, he completed It of his life because did not complete the narrative is our loss that he was both revealing and important. what he did write he also maintained life for sixty years during which York City’s civic School where he with New York Law a significant relationship adjunct professor. law and litigation as an taught local government for New York City greatly encouraged the Center In his last years he books on local government from Law and supported it by donating his personal library.or worked with Especially for those who knew creativity and learning. him, he leaves a legacy of humor, of nine children.Liverpool, England, the seventh Richland wrote, were “something of a double with irony, that his mother’s origins aristocracy –priests and scholars of Esther Cohen of the tribe of ancient Israel, and genuine cockney – that is, -born to the sound of Bow bells in 1872 Emanual and Bessie Cohen, within could be heard within a mile when the bells of Mary-le-Bow Church radius.” in Lodz, Po- Richland’s father, Julius, was born in 1868 land. Richland described him as 5 C Y 18314_nlr_48-3 Sheet No. 5 Side A 04/29/2004 08:40:46 A 04/29/2004 5 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 5 Side B 04/29/2004 08:40:46 M K C Y [Vol. 48 NEW YORK LAW SCHOOL LAW REVIEW Julius, Richland’s father, drifted into the Jewish community in father, drifted into the Jewish Julius, Richland’s assistant in va- worked as an itinerant tailor’s Richland’s father an inch taller than his father, Richland described his mother as Richland savored memories of the foods of Liverpool like 386 cap- schooner the England, Grimbsy, arrived in father when his that on the with fish to sell filled him a large wheelbarrow tain gave the port.streets of caboodle, wheelbarrow sold the “whole Julius out in the five bob and lit customer for to an enterprising and fish, knew in English.” only word he of London, the direction recognized by one where he was unexpectedly London’s East End of his father’s relatives. Richland wrote, recreating his The relative, to work in his “took me Da home and put him Liverpool speech, tailoring business. that me Da got bar mitzvahed After seeing to it being responsi- [Richland’s Grandfather] from to protect his father compelling him sins,” the relative threw Julius out ble for me Da’s way. to make his own and Scotland.rious parts of England He met and “conquered me by convincing her that he was Mother in London,” Richland wrote, an “unemployed diamond merchant.” married on No- They were Square Synagogue. vember 1, 1896 in London’s Spital together as his father continued and it was she who held the family to roam even after marrying. happy despite The marriage was not the nine children it produced. while his fam- Richland wrote that close to the edge of deep poverty, ily, like others around it, was not “Whatever warmth our hands he knew no child who wore gloves: pockets or blowing on them.” had was from keeping them in [our] after the First World War. Liverpool was beset with misery especially not escape membership in the Richland wrote that his family “did genius at making do and keeping hard times, but me mother was a was the simple fact that in all her us from hunger and her hedge pub . . . . We had food and we were life she never saw the inside of a of our school mates were none of warm and spotlessly clean; most the above.jobs in the tai- Me Mother, when needed, also got odd in men’s jackets and overcoats, loring trade, sewing button-holes perfectly wrought to last forever.” blood puddings called “black jocks” and “scouse,” which he de- scribed as “well mashed and thoroughly boiled potatoes saturated with meat-flavored brown gravy, and from which the Liverpool peo- \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 2 26-APR-04 15:03 18314_nlr_48-3 Sheet No. 5 Side B 04/29/2004 08:40:46 B 04/29/2004 5 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 6 Side A 04/29/2004 08:40:46 387 , where his older Corn Trade News W. BERNARD RICHLAND W. BERNARD Richland arrived in New York City in March 1925.Richland arrived in New York City He was 16 Wanting to read and have his own library card, he endured the card, he endured his own library to read and have Wanting where he St. Simon’s School in Liverpool, Richland attended M K brother Stanley had worked.left England for Stanley, at 16, had Sidney, mustered out after wartime New York, and another brother, also left for America.service in the British army, had Finally, in visas for the rest of the family to 1925, Richland’s mother obtained go to America. came from an The money for the voyage to America insurance payment.the family who Stanley, the economic hope of killed at age 18 by a speeding was making his way in America “was work assignment.automobile in while on His accident award paid for [the] family’s insurance and worker’s compensation new life.” passage to the New World and a “a sort of beast of burden” in An- years old, and his first job was as where he carried “enor- nin’s Flag Company in Lower , to the old Post Office near City mous bundles of American flags to shipping agents in obscure Hall and piles of solid oak flag poles areas in midtown.”side streets off the waterfront dock Six months of later, in September 1925, “a miraculous rescue” came: “I was told by a vacancy in an office boy position in a law office and was assured a distant relative that the job was mine to take . . . . The office was that of New York’s most distinguished lawyer, the former New York 2004] “Scouse.” of nickname their ple derived nick- keeping with that In Scouse “Liverpool his draft autobiography entitled name, Richland City Dignitary.” to New York skinny were two, “one of which there the “library ladies” disdain of of grubby, small both disagreeable and haters and one fat, and boys.” boys to wash their hands and The library ladies required the book. inspection before touching a present them for He recalled such as the characters from his childhood other memorable the early morning who walked the streets in “knocker-up-woman” men who had with which to wake the working carrying a long stick no clocks.competing St. Patrick’s Day and And he described the the Protestants, that pitted the Catholics against Orange Parade both camps as appropriate. with Richland joining age of 14.was a star pupil, graduating at the St. Simons, On leaving as a messenger at the Northern Richland went to work in Liverpool Publishing Company and its \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 3 26-APR-04 15:03 C Y 18314_nlr_48-3 Sheet No. 6 Side A 04/29/2004 08:40:46 A 04/29/2004 6 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 6 Side B 04/29/2004 08:40:46 M K : C Y IGER T [Vol. 48 ODE THE R HO W AN 1 M HE , T 129-130 (1963). ITGANG M EABURY S ERBERT AMUEL S UDGE J NEW YORK LAW SCHOOL LAW REVIEW IMES OF T IFE AND Richland kept Seabury’s law library up to date and got into the law library up to date and Richland kept Seabury’s autobiography ends. Here, the personal part of Richland’s Richland wrote that on being hired he sat at his little desk in sat at his little desk being hired he wrote that on Richland 1. A slightly different version of Richland’s introduction to Samuel Seabury’s of- L HE T fice is told by Herbert Mitgang in H habit of reading the reports of judicial decisions when he was not the reports of judicial decisions habit of reading or filing them with the County delivering messages, serving papers Court. With experience, Rich- Clerk’s Office and the Surrogate’s clerk, including answering the cal- land took over the tasks of a law the second floor of the old Tweed endar at Special Term Part I on allowed him to observe the law- Courthouse behind City Hall. This and this was where he began to yers and judges, which he loved, learn the craft of a trial lawyer.“put me in the The assignment clerks,” he wrote, “and I could sing middle of active lawyers and law by consent for one month’ or out the proper response ‘Adjourned ‘Ready for the Motion [or to oppose].’” tell, but he never got around to There was much more for him to writing it. years when he We do not have his insider report on the the investigations into municipal worked with Judge Seabury on the resignation of Mayor Jimmy corruption that in 1933 led to Walker. to spon- Nor did he tell how he convinced Judge Seabury take the bar examination and be sor him as a clerk so that he could age 28 despite the lack of any ad- admitted to the bar in 1937 at 388 ele- the most in located Seabury, Samuel Judge of Appeals Court address and commercial impressive professional gant and –The Eq- at 120 Broadway.” uitable Building and an- welcomed visitors law office and room of the the waiting presence.nounced their recalled, “[D]uring the first Richland a visitor. I went in the Judge’s room to announce week on the job, him that enunciated Liverpool accent I informed In my carefully asked to be admitted to his presence.Mr. (Whoever) The Judge she came in he rang for his secretary, and when looked at me and From then on, for said to her, ‘What did he say?’ pointed at me and for the Judge inform Miss Peterson of a visitor a few weeks I would the visitor’s presence.” and let her announce \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 4 26-APR-04 15:03 18314_nlr_48-3 Sheet No. 6 Side B 04/29/2004 08:40:46 B 04/29/2004 6 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 7 Side A 04/29/2004 08:40:46 389 note supra , 4 ITGANG he worked at the he worked 3 For example, Richland led the 5 note 1. supra , W. BERNARD RICHLAND W. BERNARD ITGANG We are also missing his stories about the cases the about his stories missing are also We M 2 ERBERT H See The work in Judge Seabury’s office laid the foundation for The work in Judge Seabury’s office 3.4. Richland worked for the New York City Law Department from 1943 to 1958. 5. Denis M. Hurley, Law Department City of New York Report 1952-1953, at 62. 2. Judge Seabury’s sponsorship of Richland is mentioned in M M K 1, at 130. Richland took law courses at NYU School of Law during 1932-1936, but did 1, at 130. Richland took law courses at NYU School of Law during 1932-1936, but not receive a degree. what was Richland’s passion: his deep involvement with the govern- what was Richland’s passion: his ment of the City of New York. office, Rich- From Judge Seabury’s York City Law Department where land moved in 1943 to the New and Legislative Division.he rose to be chief of the Opinions The all state and local legislation division, as its name suggests, reviewed opinions for agency heads. De- and prepared formal and informal from 1951 to 1954, in his 1952- nis M. Hurley, Corporation Counsel R. Impellitteri, wrote that the 53 annual report to Mayor Vincent more than usual importance to division also handled litigation “of the public and city government.” 2004] degrees. vanced \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 5 26-APR-04 15:03 and matters he handled during the fifteen years during the fifteen he handled and matters New York City Law Department or how he managed to run the de- managed to run or how he City Law Department New York served as crisis when he during the fiscal for three years partment D. Beame. Mayor Abraham Counsel to Corporation is also There did not write ex- his self-education about which he the question of mentions in the autobiography.cept for two brief After he left St. Liverpool’s Picton wrote that he often visited Simons, Richland open shelves. was the only library with Reading Room which The less than one at seven on late nights, leaving Reading Room closed after the end of his work day.and one half hours There he recalled useful volumes” by topic, usually “the least picking shelves randomly the volumes on the shelf.and reading through He also mentioned City, Night High he made later in New York a “marvelous discovery” High School on he attended Washington Irving School, and that Irving Place in Manhattan. high school as Richland described night provided full sized education af- “actually secondary schools which teachers and educational tools, ter primary school, with excellent structured courses beginning at conducted on a full-time basis with 6:15 p.m. and ending at 10.” biography of In Herbert Mitgang’s as saying that it was Seabury Samuel Seabury, Richland is quoted Night High School. who had urged Richland to attend C Y 18314_nlr_48-3 Sheet No. 7 Side A 04/29/2004 08:40:46 A 04/29/2004 7 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 7 Side B 04/29/2004 08:40:46 M K , 7 C Y 6 122 [Vol. 48 aff’d, , 113 N.E.2d 543 (N.Y. 1953). modified City’s New Corporation Counsel: Wilfred Bernard Richland NEW YORK LAW SCHOOL LAW REVIEW , Jan. 16, 1975, at 29. IMES Richland’s experience with City government made him an ac- Richland’s experience with City In 1958, Richland left the Law Department for private practice, Law Department Richland left the In 1958, from grace,” Richland ran in In 1965, in what he called his “fall 6. Salzman v. Impellitteri, 124 N.Y.S.2d 369 (N.Y. Sup. Ct. 1953), 7. Steven R. Weisman, N.Y.S.2d 787 (N.Y. App. Div. 1953), knowledged expert on home rule—that arcane subject that deline- 390 State out of that arose case in a complicated team litigation city’s of transfer management the city to that had compelled legislation Transit New York City authority, the to a new public its subways Transit Authority. of the Metropolitan the forerunner Authority, involved with local government.but stayed heavily In 1958, Gover- State Commission appointed him to the nor W. Averell Harriman Wagner appointed and, in 1960, Mayor Robert F. on Home Rule, Housing and Ur- Counsel to the Mayor’s Study on him as General ban Renewal. sent to Mayor Wagner advo- Richland’s Final Report and retention of program for the construction cated a vigorous middle-income housing.privately-owned, During this same period, the New York State C. Moore, then chairman of Lt. Governor Frank York City, asked Governmental Operations of New Commission on New York City proposed amendments to the Richland to draft Charter. the 1961 revi- These proposals partially laid the basis for that centralized important opera- sion of the New York City Charter mayor.tional responsibilities under the 1960 to 1964, From on Home Rule of the Richland was a member of the Commission State Office of Local Government. he served as In 1964 and 1965 special counsel to the World’s Fair. President on the ticket headed the Democratic primary for Council by mayoral candidate Paul O’Dwyer. for Council His opponents Moynihan and Frank D. President included Daniel Patrick Ten years after the election when O’Connor, the eventual winner. Counsel, he recalled his Richland had been named Corporation nonpolitical all my life. That was candidacy as hopeless: “I’ve been my one indulgence. run from a It was a hapless, hopeless contest, that you had to take a wonderful old ramshackle headquarters freight elevator to get to. I came in last, of course – I got 200 but votes on Staten Island. identity.” I think it was a case of mistaken \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 6 26-APR-04 15:03 N.Y. T 18314_nlr_48-3 Sheet No. 7 Side B 04/29/2004 08:40:46 B 04/29/2004 7 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 8 Side A 04/29/2004 08:40:46 . EV 391 . L. R The New OLUM , 54 C in 1954-55 which, in 1954-55 the Court had wrongly under- the Court had 9 Columbia Law Review Columbia Constitutional City Home in New York W. BERNARD RICHLAND W. BERNARD . 598 (1955). EV . L. R OLUM As Richland analyzed the Amendment and subse- the Amendment and As Richland analyzed 8 Just before becoming Corporation Counsel, Richland served Just before becoming Corporation D. Beame, calling Rich- On January 15, 1975, Mayor Abraham 9. Adler v. Deegan, 167 N.E. 705 (N.Y. 1929) (upholding the state-enacted Multi- 8. W. Bernard Richland, M K 311 (1954); 55 C ple Dwelling Law which was applicable only to New York City); Robertson v. Zimmer- for mann, 196 N.E. 740 (N.Y. 1935) (upholding a state statute creating a sewer authority Buffalo). 2004] State York the New between relationships and the powers ates of New including the City of the State and the cities Legislature York. two- in an authoritative rule culminated work on home His the published by part article “systemati- Appeals for its the Court of passion, attacked with typical 1924 Home Rule interpretation” of the cally narrow judicial to expand State Constitution that was intended Amendment to the intervention by the and to protect cities from local decision making Legislature. \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 7 26-APR-04 15:03 quent Court of Appeals decisions, quent Court of mined the home rule reforms and rendered the cities of the state rule reforms and rendered the mined the home than if the 1924 dominance of the Legislature no freer from the never been adopted.Amendment had Richland’s article remains statement that has years and is still the clearest current after fifty in New York the history of the home rule enigma been written of State. Counsel to the State appointed from 1973 to 1975 as the General by Senator Roy M. Good- Charter Revision Commission chaired for the large number of studies man. The Commission was notable ratification by the voters of many it produced and the successful important Charter amendments. the creation of Among these were the addition of many budget, ex- the Mayor’s Management Report, a prohibition against the penditure, and audit controls, including community and borough mayor voting on the budget, increased adoption, and the establish- participation in planning and budget Rules and Procedures. ment of the Uniform Land Use appointed Richland as Cor- land a long-time friend and colleague, sixty-five years old at the time and poration Counsel. Richland was Court of Appeals Judge who replaced Adrian P. Burke, a former during the first year of the had served as Corporation Counsel Beame Administration. in In a Man in the News profile C Y 18314_nlr_48-3 Sheet No. 8 Side A 04/29/2004 08:40:46 A 04/29/2004 8 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 8 Side B 04/29/2004 08:40:46 M K C Y . 417 the EV 10 [Vol. 48 . L. R CH . § 1 (2003). NEW YORK LAW SCHOOL LAW REVIEW NCONSOL the day after his appointment, Richland stated that he that stated Richland his appointment, day after the The Flushing National Bank refused to accept the offer The Flushing National Bank refused 11 Important aspects of Richland’s term as Corporation Counsel of Richland’s term as Corporation Important aspects of the fiscal crisis, On November 14, 1975, at the height 11. NY U 10. For a description of the New York fiscal crisis see 48 N.Y.L. S (2004). 392 Times York as joined City government when Beame met Mayor Beame had first become had quickly and that Richland Budget Director an Assistant said a role that Richland Department, counsel at the Law Beame’s in left City government after Richland to play even he continued 1958. Corporation Counsel until the Richland served as Beame’s when a new Cor- took over on January 1, 1978 Koch Administration Allen G. Schwartz, was appointed. poration Counsel, to this Judge Nina Gershon in her contribution are described by Central Terminal the great litigation over Grand issue, particularly preservation the Terminal and the city’s landmark that saved both law. significant cases litigated during That was only one of many years.Richland’s three Department litigated dozens of The Law teachers, bond holders, unions, welfare recipients, cases brought by each of whom argued that they students and other special pleaders, be spared from the impact of had a legal reason why they should cutbacks.the fiscal crisis and adverse budget the most In perhaps unsuccessfully attempted to up- important of these cases, Richland efforts to assist the city. hold a key element in the State’s \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 8 26-APR-04 15:03 and asked the court to compel payment.and asked the court to compel resisted. The city Rich- compared the moratorium’s land’s brief to the Court of Appeals to the harsher efforts the relatively benign impact on noteholders city had taken with respect to others. that the city Richland recited a wage freeze, reduced city had raised real property taxes, imposed new construction projects, sus- employees by 48,000, halted all projects, disbanded eight fire com- pended work on forty-six other and a municipal hospital.panies, and closed seven schools The State Legislature enacted an emergency three-year moratorium State Legislature enacted an emergency from suing the City for their prohibiting New York City noteholders principal and interest. the choice of The act gave the noteholders and receiving six percent interest holding their notes past maturity Assistance Corporation or exchanging the notes for Municipal bonds. 18314_nlr_48-3 Sheet No. 8 Side B 04/29/2004 08:40:46 B 04/29/2004 8 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 9 Side A 04/29/2004 08:40:46 393 , 535 rev’d Despite vacated and 15 Beame v. Friends to void the subway fare , 434 U.S. 902 (1977). 16 , stay denied sub. nom. cert. denied 422 F. Supp. 638 (S.D.N.Y. 1976), In a much-cited opinion, the Court opinion, In a much-cited 12 Chief Judge Charles D. Breitel wrote that Charles D. Chief Judge He wrote that “to interpret the constitu- He wrote that W. BERNARD RICHLAND W. BERNARD 13 14 remanded , 552 F.2d 25 (2d Cir.), Friends of the Earth v. Carey at 854. at 855. . Id. Id. Id It was during this period that I and my New York Law School period that I and my New York It was during this of the worst air pollution rat- In 1975, New York City had one court in Manhattan, in a Schoenbrod and I asked the federal 16. Friends of the Earth v. Carey, 401 F. Supp. 1386 (S.D.N.Y. 1975), 15. 14. 12. Nat’l Bank v. Municipal Assistance Corp., 358 N.E.2d 848 (N.Y. Flushing 13. M K F.2d 165 (2d Cir. 1976), mandatory injunction issued of the Earth, 434 U.S. 1310 (Marshall, J.), 1976). 2004] had which courts the lower reversed nonetheless of Appeals Court the moratorium. upheld \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 9 26-APR-04 15:03 ruled that the moratorium violated the “faith and credit” clause of “faith and credit” violated the the moratorium ruled that constitution. the State pay except the city should not mean that and credit does full faith when “inconvenient.” increase and enforce the transportation control plan with its bridge increase and enforce the transportation tional provision otherwise would be to honor it as a form of win- otherwise would be to honor it tional provision . . .” to deny it substantive significance. dow-dressing but the adverse decision, the city’s fiscal situation was saved when the the city’s fiscal situation was the adverse decision, to invest approxi- retirement systems agreed trustees of the city’s and Municipal from pension funds in the city mately $2.5 billion (“MAC”) obligations. Assistance Corporation fiscal crisis David Schoenbrod litigated another colleague Professor city.case against the the 1975 transit fare hike This one involved compelled the city to accept.from $.35 to $.50 that the state had At both senior attorneys in the New the time, Schoenbrod and I were Defense Council working York City office of the Natural Resources and buses, and in that capacity to improve New York City’s subways and other local environmental represented Friends of the Earth organizations. of exhaust from cars and ings in the country, primarily because trucks. federally-re- Our legal claim was based on an inch-thick, signed in 1973 by Governor Nel- quired transportation control plan V. Lindsay.son Rockefeller and Mayor John strategy in the A key the city’s bridges as a way to raise plan was placing bridge tolls on money for subways and buses. case called C Y 18314_nlr_48-3 Sheet No. 9 Side A 04/29/2004 08:40:46 A 04/29/2004 9 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 9 Side B 04/29/2004 08:40:46 M K C Y [Vol. 48 , but there headline, ‘New York City - Daily News NEW YORK LAW SCHOOL LAW REVIEW When the case returned to Judge Duffy, Alex Gigante, the As- to Judge Duffy, Alex Gigante, When the case returned appeared as promised. On the day of the argument, Richland argument on that occasion The most memorable part of the 394 transit. public funds for to raise strategy toll Judge Kevin Thomas as passed but the law denied our motion, the district court Duffy in in the unanimous reversal and we won a was with us by Congress Circuit.Second for the three-judge Mansfield wrote Judge Walter Clean Air subject to the fare was not while the transit panel that was, and the city obligation to reduce air pollution Act, the federal in the plan to re- implement all of the strategies was obligated to including bridge tolls. duce carbon monoxide the case, informed Counsel who was handling sistant Corporation personally argue in his voice, that Richland would us, with surprise the case. and we knew it. This was unusual The case had generated about bridge coverage and headlines, especially substantial media tolls. There had been praise from from the Beame from the business community and were also howls if bridge tolls were to be imple- Administration which feared that cars and customers coming to mented, the result would be fewer the fiscal crisis. Manhattan, and a worsening of Richland in court could never for- Anyone who had argued against get the performance. presentation—a He was very formal in his by his pronunciation and distinc- formality which was emphasized fashion to me at the time, but tive accent which just seemed old of his Liverpool upbringing.which I now know was a residue In a Abraham Beame “my mayor” as powerful voice he repeatedly called achieving air quality standards, but in “my mayor does not object to to take these draconian steps.” my mayor should not be compelled a message rather than making a It sounded like he was delivering legal argument. occurred in Richland’s peroration. are these He asked, “Who Friends of the Earth? earth? Am I not also a friend of the Are the rest of us enemies of the earth?” the court He then asked whether hell or high water.was to “enforce the order come Are we seeing towards New York City that the last vestige of the Federal Attitude was so aptly described in the Drop Dead’?” \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 10 26-APR-04 15:03 18314_nlr_48-3 Sheet No. 9 Side B 04/29/2004 08:40:46 B 04/29/2004 9 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 10 Side A 04/29/2004 08:40:46 395 case at a Forum Friends of the Earth W. BERNARD RICHLAND W. BERNARD These consequences [of tolls] are all so obvious to anyone These consequences [of tolls] are all highways, and used who knows our [c]ity, has traveled its that I am driven to the Harlem and East River Bridges, cause this mischief the conclusion that those who would other lands, maybe are from out of town, perhaps from from another planet.much about the Har- They know as Styx.lem River as they know about the River I don’t know what air they breathe, but they seem to be under the illu- sion that we here in New York are at the point of asphyxi- ation and that the abolition of the automobile is essential to our survival. Judge Duffy again sided with Richland, but Schoenbrod and I and Schoenbrod but Richland, with again sided Duffy Judge was preparing his Supreme Richland, on April 21, 1977, as he M K 2004] Judge Appeals reversing in the Court of decision won a second Duffy. for a Thurgood Marshall to Justice then applied Richland by pending consideration Appeals order of the Court of rare stay for certiorari.a City petition Court of the Supreme Richland, D.C. to argue the I went down to Washington, Schoenbrod, and his chambers in Marshall asked be held in motion, which Justice building.the Supreme Court Marshall had us sit in a circle Justice an informal, and chairs and he conducted in his office on couches Richland, Schoen- on the motion which caught relaxed conference guard.brod, and me off orated about the difficulties his Richland the law, while Jus- and I lectured about mayor faced, Schoenbrod humorous observations.tice Marshall interjected When he had that he would Marshall dismissed us saying heard enough, Justice read our papers. the stay, later Justice Marshall refused A few weeks the 1977 Amendments to the but by that time Congress had passed bridge toll strategy unenforceable. Clean Air Act which made the plaintiffs settled for a more Ultimately, the Friends of the Earth modest decree without tolls. litigation, Richland had, by persistent moderating the harshest of the succeeded in delaying and then price of consenting to implement Clean Air Act strategies at the more realistic substitute strategies. Court petition, gave a talk on the the historic Great Hall of the New for Business and Labor held in Industry at 65 Liberty Street.York Chamber of Commerce and The a good sample of his ability to last paragraphs of his talk present write clear and hard hitting argument: \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 11 26-APR-04 15:03 C Y 18314_nlr_48-3 Sheet No. 10 Side A 04/29/2004 08:40:46 A 04/29/2004 10 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 10 Side B 04/29/2004 08:40:46 M K C Y . 421 EED TO EV [Vol. 48 N OU . L. R Y CH (1980). edito- VERYTHING OLLECT C : E , 48 N.Y.L. S You Can Beat City Hall: ALL AND – H New York Times New York ITY C ILLAGE EAT Address of W. Bernard Richland, Corporation V B AN C 17 OU OUNTY OR , Y , C OWN ICHLAND , T NEW YORK LAW SCHOOL LAW REVIEW ITY C W. R To write the book, Richland relied on his years of de- To write the book, Richland relied OUR There is a mindless quality to all this which seems to seems this which to all quality is a mindless There 18 Y . UE ERNHARD have infected otherwise rational people. otherwise rational have infected judges Learned and the to this foolishness subscribe rial page solemnly proclaims: “Tolls are Acceptable: The “Tolls are Acceptable: solemnly proclaims: rial page Air is Not.” our town trying to work And we City officials, crisis, face to law enforcement crisis, added out of a fiscal still another crisis — serious because it con- one not less of and defies reason: the zealotry founds common sense the environmentalists. S Not long after Richland retired as Corporation Counsel he be- retired as Corporation Counsel Not long after Richland teaching at New York Law In 1980, in his second year of 18. B 17. of remarks in the files of the Center for New York City Law at New York Copy NOW TO (2004). fending the city and his subsequent experiences when he switched fending the city and his subsequent sides to the private bar. stories of The book is laced with wonderful some famous and others successful and unsuccessful plaintiffs, more pedestrian, literally pedestrian—as in cases involving persons Law School. the Richland made a similar attack on the federal bridge toll obligation in speech in this issue at W. Bernard Richland, and Council of the City of New York, Before the National Institute of Municipal Law Officers World Conference on Law at Washington, D.C. October 15, 1975 K gan a close relationship with New York Law School.gan a close relationship In November law firm of then counsel to the Park Avenue 1978, Richland, E. Donald Shapiro & Herzberg, wrote to Dean Botein, Hays, Skar local government York Law School establish a suggesting that New law institute. that, in general, law school cur- Richland pointed out courses that dif- local government law or included ricula neglected science courses, and that the fered little from graduate political on local law issues, such as the national organizations which worked were neither neutral nor United States Conference of Mayors, scholarly. and the upshot Dean Shapiro responded enthusiastically Professor at New York Law was that Richland became an Adjunct course in local government law School where he taught a two-credit fall of 1979. and litigation beginning in the on how to deal with local gov- School, Richland published a book ernment. The title of the book tells it all: Your City, Town, County or Village Everything You Need to Know to Sue – and Collect 396 \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 12 26-APR-04 15:03 18314_nlr_48-3 Sheet No. 10 Side B 04/29/2004 08:40:46 B 04/29/2004 10 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 11 Side A 04/29/2004 08:40:46 397 The 19 The discussion in The discussion 20 21 , Sept. 15, 1980, at 37. W. BERNARD RICHLAND W. BERNARD ORKER Y EW N HE Talk of the Town to visit Richland’s class. Talk of the Town , T Id. Id. Mischief an accident has occurred as a precondition to being sued. occurred as a precondition to an accident has While attending to Richland’s apartment after his death, his While attending to Richland’s apartment The release of Richland’s book in 1980 and the novelty of Richland’s book in 1980 and the The release of 20. 21. 19. M K daughter, Robin Silverton, allowed me to take some papers and daughter, Robin Silverton, allowed books from Richland’s library. four years Among the papers were New York Law School course of student evaluations of Richland’s wrote uniformly laudatory dating from 1981 to 1984. The students 2004] falls. and trips in sidewalk injured of Richland wrote For example, a city side- skating on injured while roller man who was the young sued the city.walk and a judge thrown out by complaint was His skating. were not for ruled that sidewalks to the city who friendly restrictive not be so other judges might Richland, But, cautioned use of sidewalks. on the appropriate caused a writer for at New York Law School Richland’s law course The New Yorker \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 13 26-APR-04 15:03 the class concerned the prior notice requirement which, anoma- the prior notice requirement the class concerned a pothole 15 days that the city receive notice of lously, requires before the City is not at fault for not The theory is that without notice having fixed the pothole. spelled In discussing this rule, Richland out a complicated hypothetical. he said, An out-of-town visitor, Avenue when a passing truck happens to be walking along Eighth traffic-signal light, which falls hits a pothole, jarring loose a nearby and injures the out-of-town visitor. this question to Richland posed had not sent a prior written no- the class: assuming that the visitor fifteen days prior to the acci- tice to the city reporting the pothole sue the city for damages? dent, how could the visitor successfully the visitor might send a notice When one student suggested that happened fifteen days earlier, and then claim that the accident Richland responded with a laugh: me of the story,” he “You remind cop who found a dead horse on said, “of the poor dumb Brooklyn ‘Kosciusko,’ so he dragged the Kosciusko Street and couldn’t spell horse six blocks to Gates Avenue.” writer described Richland as “slightly taller than Abe Beame [with] Richland as “slightly taller than writer described eyes, promi- thick gray eyebrows, light-blue a neat white mustache, direct pedagogical manner.” nent ears, and a C Y 18314_nlr_48-3 Sheet No. 11 Side A 04/29/2004 08:40:46 A 04/29/2004 11 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 11 Side B 04/29/2004 08:40:46 M K C Y [Vol. 48 . 723 (1998). EV . L. R CH The Commission ex- The Policy and Politics of Charter 24 , 42 N.Y.L. S The Board of Estimate’s voting scheme had The Board of Estimate’s 22 NEW YORK LAW SCHOOL LAW REVIEW . amend XIV. ONST Frederick A.O. Schwarz, Jr. & Eric Lane, See The Staten Island Borough President representing less than Borough President representing The Staten Island 23 Richland in 1989 was again called by a mayor, this time Edward called by a mayor, in 1989 was again Richland The Charter Revision Commission’s deliberations during the The Charter Revision Commission’s 24. 22. Bd. of Estimate v. Morris, 489 U.S. 688 (1989). 23. U.S. C Making: The Story of New York City’s 1989 Charter 398 that saying student with one course, of the all aspects on comments do extra him to who stimulated was the only professor Richland course. required by the work not Revi- important Charter of the most to serve as a member I. Koch, of New York City. since the 1898 consolidation sion Commission necessary after the Revision Commission became The new Charter scheme of the in 1989 ruled that the voting U.S. Supreme Court legislative bodies, the most powerful of the city’s Board of Estimate, was unconstitutional. \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 14 26-APR-04 15:03 400,000 people had the same voting strength on the Board of Esti- the same voting strength on 400,000 people had who represented over two mate as the Brooklyn Borough President million people. pivoted on whether to retain the spring and early summer of 1989 its five Borough Presidents to Board of Estimate in order to allow other issues, or whether to dis- continue to vote on the budget and its powers.mantle the Board and redistribute alone of Richland to save the Board of Estimate. the fifteen commissioners wanted voting as the way to salvage the He passionately advocated weighted historic roles of the Borough Presidents. given the Mayor, Council President, and Comptroller each two Council President, and Comptroller given the Mayor, Presidents. to each of the five Borough votes, and one vote Consti- of one person, one lay in the violation of the rule tutional infirmity vote. amined many weighted voting schemes, but none worked politically amined many weighted voting schemes, nor could they withstand given the huge disparities in population, constitutional scrutiny. at- Richland challenged these conclusions, of Estimate as “an elaborate, tacking the plan to replace the Board process-multiplying, labor complex, expensive, paper-generating, an established pattern of intensive, jerry-built scheme, upsetting vastly diminishing the political government for New York City and 18314_nlr_48-3 Sheet No. 11 Side B 04/29/2004 08:40:46 B 04/29/2004 11 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 12 Side A 04/29/2004 08:40:46 27 399 Pros 26 He continued that the “effect of this the “effect that continued He 25 W. BERNARD RICHLAND W. BERNARD , N.Y.L.J., Aug. 23, 1989 at 2 (providing excerpts of Com- , N.Y.L.J., Aug. 23, 1989 at 2 (providing excerpts . His prediction proved more accurate with respect to the His prediction proved more accurate Id 28 In the public meeting before the Commission voted, Richland before the Commission voted, In the public meeting Richland did not start the local government institute that he Richland did not start the local 27. 1989 Charter Revision Commission, Public Meeting, Apr. 24, 1989, transcript 28. Jackson v. Nassau County Bd. Of Supervisors, 818 F. Supp. 509 (E.D.N.Y. 25. Report by Commissioner W. Bernard Richland, Aug. 10, 1989. Dissenting 26. M K at 93. 1993). and Cons of the Board Estimate report of Aug. 10, 1989). missioner W. Bernard Richland’s dissenting Time, however, proved Richland wrong on both counts.proved Richland wrong on both Time, however, City gov- governed without and has been reasonably well ernment survived years after Rich- and a federal court, four the Board of Estimate, the weighted voting in land’s comments, ruled unconstitutional Richland had based his argu- Nassau County, the model on which ment. 2004] . . .” of minorities. power of saving the would continue to argue in favor promised that he about my city, this is my city, and I’m concerned Board “because a viable decent city my heart, that you cannot have and I believe, in equivalent of the the Board of Estimate or the government without can happen and and that weighted voting Board of Estimate, indicated that.” and that the Supreme Court has should happen, \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 15 26-APR-04 15:03 Borough Presidents, however, who did indeed emerge from the Borough Presidents, however, who power and authority than they 1989 Charter change with far less directly through the Board of Esti- enjoyed when they participated mate in city-wide affairs. Dean Shapiro, but after New dreamed of when he first contacted the Center for New York York Law School successfully launched the idea and contributed many City Law in 1993, Richland liked library to the Center’s library. significant volumes from his personal containing each of the pre- Among the books was a rare volume of New York beginning with the revolutionary charters of the City bound volume of opinions by the first Dutch Charter in 1624, a of one of Seabury’s hearings. Corporation Counsel, and a transcript distribution of the powers of the Board of Estimate is, in effect, to of Estimate is, in of the Board of the powers distribution status diminish their Borough Presidents, the render insignificant the most their time for and occupy considerable extent, to a very powerless ‘busy-work.’”part with C Y 18314_nlr_48-3 Sheet No. 12 Side A 04/29/2004 08:40:46 A 04/29/2004 12 Side Sheet No. 18314_nlr_48-3 18314_nlr_48-3 Sheet No. 12 Side B 04/29/2004 08:40:46 M K C Y [Vol. 48 NEW YORK LAW SCHOOL LAW REVIEW Richland throughout his life possessed strong patriotic feelings his life possessed strong patriotic Richland throughout 14, 2003, his family contin- After Richland’s passing on August 400 about to talk at his apartment visited Richland and I Alice My wife the Center. on the room apartment generous five He lived in a views of and had dazzling Brooklyn, at 75 Henry Street, 28th floor ter- from the apartment’s of Manhattan and the skyline the harbor race. study three walls of his occupied personal library Richland’s to the other rooms.and overflowed He served tea in a style that his Liverpool days. carried over from country.for his adopted he emphasized an In his autobiography in New York City. 1920s shortly after his arrival incident from the to a woman who bus he happened to sit next While on a Brooklyn accent.recognized his Liverpool him, she lectured that Cornering or Irish Catholic, you are Protestant Orange “I don’t know whether to be American in this country; we all get it makes no difference citizens. you were taught from the cra- So, forget the stupid hatred dle on. I was just like you. I am Irish Catholic from Belfast and or smell of the Orange Lodge. couldn’t bear the sight or sound is Belfast Protestant and we get Now my neighbor and best friend to get our first papers and in along fine and we both went together as much an American as George two years each of us will be just Washington.” that this Richland, writing in the 1990s, explained the enthusiasm for attaining incident confirmed his view that “greater effect for wiping out his- United States citizenship had a than any kind of peace treaty toric ethnic hatred and exclusivity sects.” between rival cultures, nations and School and the Center for New ued his generosity to New York Law Center’s library additional books York City Law by donating to the and scholars.and papers of interest to lawyers Through these W. Bernard Richland’s pas- books and papers, and by his example, adopted city will continue. sion for law, government and his \\server05\productn\N\NLR\48-3\NLR307.txt unknown Seq: 16 26-APR-04 15:03 18314_nlr_48-3 Sheet No. 12 Side B 04/29/2004 08:40:46 B 04/29/2004 12 Side Sheet No. 18314_nlr_48-3