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Vol 61.2.Pmd THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 2006 Vol. 61, No. 2 THAWING A FROZEN CONFLICT The Separatist Crisis in Moldova 2 0 0 6 V O L. 6 1 , N O. 2 135 THE RECORD 2006 Vol. 61 , No. 2 Contents OF NOTE 137 ANNUAL MEETING OF THE ASSOCIATION 151 FAREWELL ADDRESS: Bettina B. Plevan INAUGURAL ADDRESS: Barry M. Kamins 156 THE BENJAMIN N. CARDOZO LECTURE INTRODUCTION: Bettina B. Plevan 163 LECTURE PUNITIVE DAMAGES AND DUE PROCESS: 165 HOW MUCH IS TOO MUCH? Sheila L. Birnbaum THE ORISON S. MARDEN LECTURE LECTURE KEEPERS OF THE RULE OF LAW 185 Louis A. Craco MISSION TO MOLDOVA THAWING A FROZEN CONFLICT: 196 LEGAL ASPECTS OF THE SEPARATIST CRISIS IN MOLDOVA The Special Committee on European Affairs RETIREMENT AND PRO BONO ACTIVITIES 305 The Committee on Senior Lawyers A PROPOSAL TO APPLY ETHICS AGREEMENTS ON THE STATE AND 314 LOCAL GOVERNMENT LEVEL The Committee on Government Ethics OPEN SOURCE SOFTWARE AND THE FREE SOFTWARE MOVEMENT 325 The Committee on Information and Technology Law FORMAL OPINION 2006-02 DUTIES TO PROSPECTIVE CLIENTS 332 The Committee on Professional and Judicial Ethics THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published four times a year 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. Periodi- cals postage paid at New York, NY and additional mailing offices. USPS number: 012-432/ISSN: 0004-5837. Postmaster: Send address changes to THE 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 © 2006 The Asso- ciation of the Bar of the CityT of H New E R York. E C AllO Rrights D reserved. 136 Of Note TWO OUTSTANDING LAW STUDENTS HAVE BEEN AWARDED THURGOOD Marshall Fellowships for the 2006-2007 academic year. The program pro- vides two exceptional minority students from New York area law schools the opportunity to work with the Association to advance the goals of civil rights and equal justice. Fellowships have been awarded to LaTanya Harry of Rutgers University School of Law and Klara Ng of Brooklyn Law School. Ms. Harry will assist the Association’s Civil Rights Committee and Ms. Ng will work with the City Bar Justice Center. The fellowships are funded by the Orison S. Marden Lecture Fund. Fellows were nominated by their schools and selected by the Association’s Committee on the Thurgood Marshall Fellowship Program, chaired by Ira M. Feinberg. ❊ THE 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 June 6 at the Associa- tion. Mark Hellerer, Chair, Committee on the the Stimson Medal, pre- sented the medals. This year’s recipients are: John M. McEnany (Criminal Division) and Andrew W. Schilling (Civil Division) of the Southern District, and Mark E. Feldman (Criminal Division) and Richard K. Hayes (Civil Division) of the Eastern District. The Stimson Medal, made possible by the firm of Pillsbury Winthrop Shaw Pittman LLP, honors Mr. Stimson, who served as United States At- torney for the Southern District from 1906-1909 during a career of distin- guished public service. The awards are sponsored by the Committee on the Stimson Medal and the Committee on Federal Courts (Molly S. Boast, Chair). Pillsbury Winthrop Shaw Pittman LLP co-sponsored the event. 2 0 0 6 V O L. 6 1 , N O. 2 137 O F N O T E ❊ THE ANNUAL MUNICIPAL AFFAIRS AWARDS, GIVEN TO OUTSTANDING Assistant Corporation Counsels, were presented June 27 at the Associa- tion. This year’s recipients and their bureaus are: Carlos Cruz-Abrams, legal Counsel; Krishna Jayaram, Economic Development; Lavanya Pisupati, Torts, Bronx; Stephanie Schwartz, Family Court, Queens; and Tracy Triplett, Environmental Law. The awards are sponsored by the Committee on New York City Af- fairs (Peter Kiernan, Chair). ❊ THE SIXTEENTH ANNUAL LEGAL SERVICES AWARDS WERE PRESENTED to honor attorneys and nonlawyers who provide outstanding civil legal assistance to New York’s poor. Hon. Victor Marrero, United States District Judge, Southern District of New York, presented the awards, May 16, at the Association. This year’s recipients are: Tara Foster, Senior Attorney, Education Rights Project, Queens Legal Services; Andrew Goldberg, Supervising Attorney, MFY Legal Services, Inc.; Joyce Heller, Director of Government Benefits Unit & New Initiatives, South Brooklyn Legal Services, Inc.; Cary LaCheen, Senior Staff Attorney, Welfare Law Center; and Ellen Friedland, Accred- ited Representative, Safe Horizon Immigration Law Project. The awards are administered by the Special Committee on the Legal Services Awards, chaired by James H. R. Windels, and sponsored by the Committee on Pro Bono and Legal Services, chaired by William T. Russell, Jr. The awards have been endowed by a generous contribution from the Horace W. Goldsmith Foundation. ❊ THE ANNUAL KATHRYN A. MCDONALD AWARD HONORING JUDGES OF the Family Court and the vital services of those who work in the Family Court in New York City were presented May 8 at the Association. Hon. Judith S. Kaye, Chief Judge, New York State Court Of Appeals, presented this year’s award to: Frand D. Argano, Former First Deputy Chief Clerk, NYC Family Court, and Gary S. Solomon, Director of Legal Sup- port, Juvenile Rights Division, The Legal Aid Society. The Kathryn A. McDonald Award is named in honor of the former T H E R E C O R D 138 O F N O T E Presiding Judge of the New York City Family Court, and is sponsored by the Association’s Committees on Children and the Law, Family Court and Family Law, and Juvenile Justice and its Council on Children. ❊ THE NEW YORK CITY BAR’S ENHANCE DIVERSITY COMMITTEE PRESENTED the inaugural Diversity Champion Award at the Third Annual Diversity Conference, May 16, at the Association. The award recognizes the critical role individuals have played in initiating and sustaining change within their organizations and the overall New York legal community. The 2006 Diversity Champion Award winners are: Hon. Daniel M. Donovan, Jr., District Attorney, Richmond County; William Malpica, As- sociate, Mayer, Brown, Rowe & Maw LLP; and Elizabeth D. Moore, Part- ner, Nixon Peabody LLP. The Award is sponsored by the Committee to Enhance Diversity in the Profession (Susan Kohlmann and Elipidio Villarreal, co-chairs.) ❊ THE FOLLOWING ARE THE NEWLY APPOINTED CHAIRS OF ASSOCIA- tion Committees for the 2006-07 year: Ronald S. Goldbrenner (Administrative Law); Raymond J. Burke, Jr. (Admiralty); Daniel M. Weitz (Alternative Dispute Resolution); Nancy Nelson (Arbitration); Kathleen A. Scott (Banking Law); Joyce Raskin (Bioethical Issues); Tanya Gill (Career Advancement and Management); John Will- iam Spollen (Citybar Public Service Network); Valerie L. Fitch (CLE); Willa I. Lewis (Condemnation & Tax Certiorari); Frederick Cohen (Construc- tion Law); Robert A. Martin (Consumer Affairs); Daniel James Horwitz (Criminal Advocacy); Robert S. Dean (Criminal Justice Operations & Bud- get); Daniel R. Alonso (Criminal Justice); Noah Ben Potter (Drugs & the Law); Paul T. O’Neill (Education & the Law); Marjorie M. Glover (Em- ployee Benefits); Edna Rubin Sussman (Energy); Peter William Dizozza (Entertainment); Joan Morgan McGivern (Entertainment Law); Karen Fisher Gutheil (Family Court & Family Law); Ona T. Wang (Federal Legislation); Norman D. Slonaker (Financial Reporting); Michael S. Sackheim (Futures Regulation); Miriam M. Breier (Housing Court); Jaya K. Madhavan (Housing Court Public Service Projects); Linda Marie Kenepaske (Immigration & Nationality Law); Michael H. Byowitz (International Affairs); John Rousakis (International Environmental Law); Mark R. Shulman (International Human 2 0 0 6 V O L. 6 1 , N O. 2 139 O F N O T E Rights); Philip L. Kirstein (Investment Management Regulation); Debra L. Raskin (Labor & Employment Law); Carol L. Ziegler (Legal Education and Admission to the Bar); John P. Herrion (Legal Issues Affecting People with Disabilities); Jane Ellen Hoffman (Legal Issues Pertaining to Animals); Thomas P. Valet (Medical Malpractice); Michael W. Oshima (Minorities in the Pro- fession); Babcock MacLean (Personal Income Taxation); George J. Mazin (Private Investment Funds); Madeleine Schachter (Pro Bono and Legal Services); Stephanie R. Mann (Science & Law); Adele Hogan (Securities Regulation); Christina E. Daigneault (State Affairs); Eileen E. Huggard (Telecommunications Law); Amanda C. Samuel (Trademarks & Unfair Competition); Andrew W. Hayes (Transportation); David W. Dykhouse (Uniform State Laws); Christopher J. Borgen (United Nations); Pui C. Cheng (Women in the Courts); and Harry A. Valetk (Young Lawyers). T H E R E C O R D 140 Recent Committee Reports African Affairs Letter to the Prime Minister of Ethiopia expressing concern over the arrest and detention of human rights attorney Daniel Bekele. The letter argues that the arrest and detention of Mr. Bekele may constitute a grave viola- tion of his right to a fair trial, and that Ethiopia may be in violation of its international legal commitments. Alternative Dispute Resolution Report on mediator quality in New York State. The report examines the current systems now in place that address the mediator quality issue in New York and recommends that membership organizations for New York State mediators develop voluntary accreditation systems and that a regis- tration system be established for the filing of publicly accessible state- ments of qualifications by mediators, on a mandatory basis for compen- sated mediators and optionally for others. Banking Law Letter to the Federal Reserve Board urging that it finish the process of issuing a final version of its proposed interpretation and supervisory guidance on the Anti-Tying Restrictions of Section 106 of the Bank Holding Com- pany Act Amendments of 1970.
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