the newsletter of the institute of judicial administration at the nyu school of law winter|spring 2019 IN THIS ISSUE Chief Judge Janet DiFiore, New York 1 Chief Judge Janet DiFiore Delivers IJA’s Brennan Lecture Court of Appeals, Delivers IJA’s 24th on State Courts and Social Justice—Texas Chief Justice Annual Brennan Lecture on State Courts Nathan L. Hecht to deliver the 25th Lecture and Social Justice on “The Excellence 2 Effective Appellate Advocacy: Initiative and the Rule of Law” Views from the Bench and the Bar he chief judge of New York State’s program focus was on court congestion and 3 highest court, the New York Court of delays making litigation time-consuming and 22nd Annual Employment Law Workshop for Federal Judges Appeals, delivered the 2018 Annual unaffordable for low-income, working families William J. Brennan Lecture on State and small businesses. Other changes include (1) Mid-Career Seminar for Federal T Courts and Social Justice to an establishing the nation’s first Bankruptcy Judges audience of judges, prosecutors, opioid intervention court link- 4 students, faculty, and lawyers. ing high-risk opioid-users to The US Court of Appeals for Chief Judge Janet DiFiore dis- intensive treatment within 24 the Armed Forces: An Article I cussed her Excellence Initia- hours of arrest; and (2) harness- Court in an Article III World tive, a system-wide campaign ing technology in New York City by Judge Andrew Effron to promote efficient, accessible, Family Court to protect victims high-quality justice that pro- of domestic violence, includ- 7 duces fair, effective, and lasting ing instituting a remote order Remembrances: Stephen Shapiro, Mayer Brown & Platt outcomes for all litigants. of protection program where “We find ourselves living in a initial ex parte hearings may be 9 historical moment—a moment conducted via videoconference News from IJA’s Board, when the rule of law is threatened on many from safe havens. In the area of criminal justice, Faculty, and Friends fronts…,” said Chief Judge DiFiore, who noted recommendations for reform include expan- that when courts are efficient and accessible, sion of the state’s DNA databank and improve- 10 they then operate from a position of strength in ment of the identification procedures used by IJA’s 60th Annual New Appellate Judges Seminar defending our society against those who attack police and prosecutors. In November 2017, the our courts and judicial independence. administrative board of the courts adopted a rule 27 DiFiore announced the Excellence Initiative requiring judges presiding over criminal trials Spotlight on IJA 2018 shortly after she took office in 2016. The initial Continued on page 2. Summer Fellows March 6 (Wednesday) July 14–19 (Sunday–Friday) 28 IJA in 2019! Support IJA! IJA’s 25th Annual Brennan IJA’s 60th Annual New Check our website Lecture on State Courts Appellate Judges Seminar. for updates: www.law.nyu. and Social Justice, featur- For information and edu/centers/judicial ing Chief Justice Nathan L. registration: www.law. Hecht, Texas Supreme Court. nyu.edu/centers/judicial/ To register: http://bit.ly/ appellatejudgesseminar IJA2019BrennanLectureHecht Continued from cover. to issue standing orders advising prosecutors and defense counsel of their professional obligations and responsibilities. IJA’s annual lecture series celebrating state courts is named in honor of Justice William Brennan, who served five years on the New Jersey Supreme Court before his appointment to the US Supreme Court. DiFiore com- mended the IJA lecture noting, “It is indeed in the state courts that the average American interacts with the justice system.” A standing ovation for Chief Judge DiFiore’s address. Chief Judge DiFiore with IJA Faculty Directors: Professors Chief Judge DiFiore listens to audience members. Samuel Estreicher, Troy McKenzie and Oscar Chase. IJA Goes To Washington, DC JA assembled five veteran appellate judges and four Robert Long (Covington & Burling), and Deanne Maynard appellate advocates for an interactive discussion (Morrison & Foerster). The veteran advocates shared their Iin DC entitled Effective Appellate Advocacy: Views views and experience on a range of issues, such as select- from the Bench and the Bar, at the E. Barrett Prettyman ing issues for appeal, structuring of the brief, preparing Courthouse, US Court of Appeals for the DC Circuit. The for oral argument, and how to handle “bad” facts. event was co-sponsored by the Edward Coke Appellate Inn of Court and attended in an overflowing room by around 100 people. Judicial panelists were Patricia Millett and Sri Srini- vasan (US Court of Appeals for the DC Circuit), Thomas Ambro (US Court of Appeals for the Third Circuit), Pamela Harris (US Court of Appeals for the Fourth Circuit), and Roy McLeese III ’85 (DC Court of Appeals). The judges candidly shared their views on written and oral appel- late advocacy, including tips for what advocates can do to help the bench with a difficult statute, views on amici Winter | Spring 2019 | Winter briefs and footnotes, and disclosing certain “pet peeves.” The bar was represented by IJA Advisory Board IJA Report / Report IJA members: former US Solicitor General Paul D. Clement 2 (Kirkland & Ellis), Jonathan Hacker (O’Melveny & Myers), Rain or Shine: IJA Co-Hosts the 21st Annual Employment Law Workshop For Federal Judges JA hosted its 21st Annual Employment Law Workshop the US District Court for the Southern District of New for Federal Judges in cooperation with the Federal York (SDNY), and “Retaliation and Whistleblowers” IJudicial Center (FJC) and the NYU Center for Labor featuring the Honorable Carl E. Stewart of the US Court and Employment Law on March 21–23, 2018. Despite a of Appeals for the Fifth Circuit, to evolving issues of major snowstorm that shut down much of the city and transgender rights, medical issues and disability in the all of New York University, the program faculty and NYU workplace, evolving workplace technology, the use of staff (from hospitality, security, and audio visual) braved data analytics in management decisions, and electronic the elements or lodged in dorms overnight to ensure IJA discovery. Other faculty judges included: Patty Shwartz could host around 35 federal judges already in town for (US Court of Appeals for the Third Circuit), Catherine this annual workshop. Blake (US District Court for the District of Maryland), The workshop provides the opportunity for federal Lee Rosenthal (US District Court for the Southern District judges from around the country to learn about updates of Texas), and Helen Adams (US District Court of the and elements of labor and employment cases, as well as Southern District of Iowa), as well as New York Southern to gain practical insight for managing them. Each panel is District judges, Kevin Castel, John Koeltl, and Laura comprised of a federal judge, an experienced employee- Taylor Swain, and, finally, Kiyo Matsumoto of the Eastern side attorney, and an experienced management-side District, who trudged precariously through the snow in attorney. Subjects ranged from staples such as “Implicit a foot cast to keep her speaking engagement. Bias” featuring the Honorable Lorna G. Schofield ’81 of IJA Hosts the Federal Judicial Center’s Mid- Career Seminar for Federal Bankruptcy Judges November 14–16 JA hosted around 35 federal judges for the Federal The workshop addressed issues common to all judges Judicial Center’s (FJC) Mid-Career Seminar for US as applied in a bankruptcy setting, such as the ways in IBankruptcy Judges on November 14–16, 2018, at which scientific, technical, economic, and social com- NYU Law. Coordinated by IJA Faculty Director Troy plexity challenges judges’ ability to make informed and McKenzie ’00, who is a member of the FJC Bankruptcy thoughtful decisions, for instance, as applied to a bank- Education Committee, the program also featured NYU ruptcy court’s valuation of assets. Chief Judge Robert Law Professor Barry Adler, as well as NYU Law Senior Fel- Katzmann of the Second Circuit joined a panel exploring low Arthur J. Gonzalez (Retired Chief Judge, Bankruptcy how judges appropriately can act as change agents in their law.nyu.edu/centers/judicial SDNY). In addition, the program was led by a faculty of courtrooms, their courts, within the legal community distinguished judges, such as bankruptcy judges Chief and in society generally. Judge Mildred Cabán ’86 (Bankruptcy DPR) and James L. Garrity Jr. (Bankruptcy SDNY). 3 The United States Court of Appeals for the Armed Forces: An Article I Court In An Article III World by Judge Andrew S. Effron This article provides a brief introduction to the US Court of Appeals for the Armed Forces (USCAAF)—“an independent tribunal established under Article I of the Constitution.”1 The Court is composed of five civilian judges, appointed by the President for 15-year terms, subject to Senate confirmation.2 Congress established the Court in the aftermath of World War II to provide civilian judicial review of courts-martial.3 Overview court-martial is a trial forum established under exercising discretion as to whether a case should be the constitutional authority of Congress “To referred to a court-martial, selecting the military per- A make Rules for the Government and Regula- sonnel who will function as jurors on a court-martial tion of the land and naval Forces.”4 The modern court- panel, and taking post-trial clemency action; (2) the martial, which is governed by the members of the military judiciary at the trial Uniform Code of Military