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M a R CH / a P R I L 2 0 0 0 ◆ V O L.Spanish 5 5, N O THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK CHILDREN IN WAR THE BENJAMIN N. CARDOZO LECTURE: Why the Courts ANTHONY LEWIS Augusto Pinochet: English Patient or M A R CH / A P R I L 2 0 0 0 ◆ V O L.Spanish 5 5, N O. 2 Prisoner? march/april 2000 169 vol. 55, No. 2 THE RECORD march/april 2000 vol. 55, No. 2 Contents OF NOTE 171 THE BENJAMIN N. CARDOZO LECTURE: 175 WHY THE COURTS by Anthony Lewis THE ORISON S. MARDEN MEMORIAL LECTURE: 193 ADJUDICATIVE JUSTICE IN A DIVERSE MASS SOCIETY by Hon. Jack B. Weinstein THE ENGLISH PATIENT OR THE SPANISH PRISONER? 205 REFLECTIONS ON THE PINOCHET PROSECUTION, JURISDICTION AND THE INTERNATIONAL CRIMINAL COURT by The Committee on International Human Rights and The Committee on Inter-American Affairs “OPEN TO THE PUBLIC”: THE EFFECT OF PRESUMPTIVE PUBLIC 236 ACCESS TO NEW YORK STATE’S FAMILY COURTS by The Committee on Communications and Media Law THE MINIMUM AGE OF MILITARY SERVICE IN CONNECTION 264 WITH THE PROPOSED OPTIONAL PROTOCOL TO THE INTERNATIONAL CONVENTION ON THE RIGHTS OF THE CHILD by The Committee on Military Affairs and Justice NEW MEMBERS 287 ESTATE PLANNING: A SELECTIVE BIBLIOGRAPHY 296 by Ronald I. Mirvis and Eva S. Wolf COVER PHOTO: Save the Children Sweden archive. Photo by Peter Strandberg. 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 170 EDITORIAL BOARD MICHAEL A. COOPER CAROL SHERMAN President Chair, Executive Committee BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN Executive Director General Counsel MARK WOLKENFELD Editor HOW TO REACH THE ASSOCIATION MAIN PHONE NUMBER: CONTINUING LEGAL EDUCATION (212) 382-6600 Anna Nichols (212) 382-6619 WORLD WIDE WEB ADDRESS: [email protected] http://www.abcny.org PRESIDENT LAWYER ASSISTANCE PROGRAM Michael A. Cooper Eileen Travis (212) 382-5787 (212) 382-6700 [email protected] [email protected] EXECUTIVE DIRECTOR LEGAL REFERRAL SERVICE Barbara Berger Opotowsky Allen J. Charne (212) 382-6620 (212) 626-7373 [email protected] [email protected] GENERAL COUNSEL LEGISLATIVE AFFAIRS Alan Rothstein Denice M. Linnette (212) 382-6623 (212) 382-6655 [email protected] [email protected] ADVERTISING (212) 382-6752 LIBRARY Richard Tuske ASSOCIATION MEMBERSHIP (212) 382-6742 Melissa Halili [email protected] (212) 382-6767 [email protected] Copy Services: (212) 382-6711 Reference Desk: (212) 382-6666 CITY BAR FUND Maria Imperial MEETING SERVICES (212) 382-6678 Nick Marricco [email protected] (212) 382-6637 COMMITTEE MEMBERSHIP [email protected] Stephanie Rook (212) 382-6664 MEMBER BENEFITS [email protected] Robin Gorsline (212) 382-6689 COMMUNICATIONS [email protected] Mark Lutin (212) 382-6713 [email protected] M A R CH / A P R I L 2 0 0 0 ◆ V O L. 5 5, N O. 2 171 Of Note ❊ THE UNIVERSITY OF MONTANA SCHOOL OF LAW WAS NAMED THE winner of the Final Rounds of the 50th Annual National Moot Court Competition held at the Association. The competition is co-sponsored by the Young Lawyers Committee of the Association and the American Col- lege of Trial Lawyers. Pepperdine University School of Law was runner-up. The National Rounds were held January 31-February 3. Hon. Carmen Beauchamp Ciparick, Associate Judge of the New York Court of Appeals, who presided at the final argument, announced the winning team of Bobbi Frazer, John Mudd and Taryn Stampfl. They received the Russell J. Coffin Award, a cash award donated by Mrs. Russell J. Coffin to further the skills of advocacy. The team was also awarded the John C. Knox Award, a silver cup with the names of the team members inscribed. Pepperdine University School of Law, as runner-up, won the Kathryn and Bernard Newman Bowl. The Award for Best Brief went to The Univer- sity of Washington School of Law. The University of Montana School of Law also received the runner-up award for best brief. The Best Oral Argument Award went to Robert McFarland of Pepperdine University. The Runner-Up Award for best Oral Argument went to Patricia A. Cirucci, also of Pepperdine. The judges for the Final Rounds, in addition to Judge Ciparick, were Hon. Richard S. Arnold, Judge, United States Court of Appeals Judge for the Eighth Circuit; Hon. Joseph McLaughlin, United States Court of Ap- peals for the Second Circuit; Hon. Louis H. Pollak, United States District Court for the Eastern District of Pennsylvania; Hon. Shira A. Scheindlin, United States District Court, Southern District of New York; Michael E. Mone, President, American College of Trial Lawyers; and Michael A. Coo- per, President, The Association of the Bar of the City of New York. ❊ THE UNITED STATES SENATE COMMITTEE ON FOREIGN RELATIONS CON- vened a committee on United States relations with the United Nations, January 21, at the Association. This was the first congressional committee hearing held at the Association in its 130-year history and the first time the Senate Foreign Relations Committee has convened in New York City. T H E R E C O R D 172 O F N O T E The atmosphere was tense due to Sen. Jesse Helms’s blunt, some thought hostile, speech to the United Nations General Assembly the preceding day. Several Ambassadors to the United Nations and other foreign diplo- mats were in the audience, and the witnesses at the hearing, which was televised by C-Span, included United States Ambassador Richard Holbrooke and U.N. Undersecretary for Administration Joseph Connor. ❊ ON JANUARY 7, THE ASSOCIATION HOSTED THE 43RD TWELFTH NIGHT Party, a biennial musical comedy performed by talented members of the bench and bar of New York City. This year’s tribute, “From Elmhurst to Olympus: The Life and Times of Justice Antonin Scalia,” was the first time the “target” was a United States Supreme Court Justice. Justice Scalia’s “defense counsel,” known as the Master of Revels, was his friend and former colleague on the Court of Appeals for the District of Columbia, Hon. Laurence Silberman. Twelfth Night is sponsored by the Committee on Entertainment (Kenneth T. Wasserman, Chair). The show was written (as it has been for 30 years) by Myron Cohen. ❊ THE ASSOCIATION JOINED WITH ELEVEN OTHER STATE AND LOCAL bar associations in filing an amicus brief in Spencer Williams et al. v. United States, before the United States Court of Appeals for the Federal Circuit. The brief addressed the failure of Congress to provide cost of living in- creases for federal judges despite a statutory requirement, and argued that this failure constitutes an unconstitutional diminishment of the com- pensation of federal judges. ❊ ON JANUARY 24, THE ASSOCIATION HOSTED GROWING AND KEEPING Talented Lawyers: New Directions in Mentoring. Co-sponsored by the Asso- ciation, the New York Women’s Bar Association, and the New York Women’s Bar Association Foundation, the conference was attended by nearly 300 law school career service directors and career development counselors, as well as representatives from law firms and other legal employers. Some of the main issues addressed were associate recruitment, training, and develop- ment and retention, with a specific focus on mentoring as a way of over- coming the sense of isolation and other obstacles to job satisfaction encountered by young lawyers, particularly women and minorities. M A R CH / A P R I L 2 0 0 0 ◆ V O L. 5 5, N O. 2 173 Recent Committee Reports AIDS Letter to New York State Department of Health Re: Revised Proposed Amend- ments to Sections 63.1 through 63.12 of Title 10 of the NYCRR Alternative Dispute Resolution Mediation Standards Checklist Antitrust and Trade Regulation Letter Re: Modifications to Hart-Scott-Rodino Merger Review Process Civil Rights/Art Law Amicus Brief: Brooklyn Institute of Arts and Sciences v. City of New York and Rudolph W. Giuliani Executive Amicus Brief: Williams v. US (re: Compensation of Federal Judges) Family Court & Family Law Proposed Legislation and Supporting Memorandum to Mandate the Con- tinuation of Representation through Adoption by a Law Guardian for Children in Foster Care who Have been Freed for Adoption Federal Courts H.R. 833 The Bankruptcy Reform Act of 1999 International Trade States’ Rights v. International Trade: The Massachusetts Burma Law Land Use Planning and Zoning Letter to Director of the Department of Health Re: Uniform Bulk Program Non-Profit Organizations Senate Bill 5740: Proposed Amendment of the New York Insurance Law President/Corrections Letter to Silver, Bruno and Pataki Regarding Reform of New York’s Rockefeller and Predicate Felony Drug Laws T H E R E C O R D 174 R E C E N T C O M M I T T E E R E P O R T S Social Welfare Law New York’s Failure to Comply with the ‘Motor Voter’ Law Op-Ed Piece: Welfare Reform Without a Leg to Stand On Transportation Letter to Surface Transportation Board Chairman Linda Morgan Regard- ing Canadian Pacific Access to New York City via East of Hudson Line Trusts, Estates & Surrogates Courts Report on Proposed Legislation Concerning Unitrust Default Rule Copies of any of the above reports are available to members by call- ing (212) 382-6658, or by e-mail, at [email protected].
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