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May 2017 Vol MAY 2017 VOL. 89 | NO. 4 JournalNEW YORK STATE BAR ASSOCIATION Making Strides: How Women Are Gaining Under the Law and in Service to It Special Issue on Topics Relating to Women in the Law Edited by Susan L. Harper, Ferve Ozturk, and the Committee on Women in the Law BESTSELLERS FROM THE NYSBA BOOKSTORE May 2017 Attorney Escrow Accounts – Rules, Foundation Evidence, Questions Probate and Administration of New York Regulations and Related Topics, 4th Ed. and Courtroom Protocols, 5th Ed. Estates, 2d Ed. Fully updated, this is the go-to guide on escrow This classic text has long been the go-to book A comprehensive, practical reference covering funds and agreements, IOLA accounts and the to help attorneys prepare the appropriate all aspects of probate and administration, from Lawyers’ Fund for Client Protection. With CD of foundation testimony for the introduction of the preparation of the estate to settling the forms, ethics opinions, regulations and statutes. evidence and examination of witnesses. account. This offers step-by-step guidance on Print: 40264 / Member $60 / List $75 / Print: 41074 / Member $65 / List $80 / 344 estate issues, and provides resources, sample 436 pages pages forms and checklists. Print: 40054 / Member $185 / List $220 / E-book: 40264E / Member $60 / List $75 / E-book: 41074E / Member $65 / List $80 / 1,096 pages downloadable PDF downloadable PDF E-book: 40054E / Member $185 / List $220 / Entertainment Law, 4th Ed. New York Contract Law: A Guide for downloadable PDF The 4th Edition covers the principal areas of Non-New York Attorneys entertainment law including music publishing, A practical, authoritative reference for questions television, book publishing, minors’ contracts and answers about New York contract law. and personal management. Print: 4172 | Member $95 | List $130 | Print: 40862 / Member $140 / List $175 / 622 pages 986 pages E-book: 4172E | Member $95 | List $130 | E-book: 40862E / Member $140 / List $175 / downloadable PDF downloadable PDF Must-Have Titles Estate Planning and Will Drafting in New York, N.Y. Criminal Practice, 5th ed. The New York State Physician’s HIPAA 2016 Revision Written by criminal law attorneys and judges with Privacy Manual This comprehensive book includes invaluable real- decades of practical experience in the field, this Contains 37 policies and procedures and world examples, practice tips and downloadable book is intended to guide inexperienced and veteran the forms to allow the physician’s office to forms. attorneys alike. respond to routine, everyday inquiries about Print: 4095C / Member $185 / List $220 / 934 pages Print: 41466 / Member $150 / List $190/1,160 protected health information. E-book: 4095CE / Member $185 / List $220 / 934 pages Print: 41196 / Member $85 / List $105 / pages E-book: 41466 / Member $150 / List $190/1,160 292 pages pages Making a Modern Constitution: The Insurance Law Practice, 2d ed. 2016 Revision Prospects for Constitutional Reform in Covers almost every insurance-related topic N.Y. Lawyers’ Practical Skills Series (2016–2017) Winner of ACLEA’s Award of Outstanding New York including general principles of insurance contracts, This title examines the history, potential benefits litigation and other pertinent issues. Achievement An essential reference, guiding the practitioner and pitfalls of a state constitutional convention. Print: 41256 / Member $140 / List $175 / through a common case or transaction in 25 areas Print: 4106 / Member $20 / List $30 / 456 pages 1,654 pages of practice. Nineteen titles; 16 include forms on CD. E-Book: 4106E / Member $20 / List $30 / E-book: 41256E / Member $140 / List $175 / downloadable PDF 1,654 pages Print: 40017PS / Member $695 / List $895 NYSBA Practice Forms on CD 2016–2017 Lefkowitz on Public Sector Labor and More than 500 of the forms from the New Employment Law, 4th Ed. York Lawyers’ Practical Skills Series used by The leading reference on public sector labor and experienced practitioners in their daily practice. employment law in New York State is completely revised with updated case and statutory law. CD: 615017 / Member $290 / List $325 Downloadable: 6NYPF / Member $290 / Print: 42058 / Member $160 / List $195 / List $325 2 vols. E-book: 42058E / Member $160 / List $195 / downloadable PDF Order multiple titles to take advantage of our low flat rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and han- dling charges for orders shipped outside the continental U.S. will be based on destination and added to your total. Expand your professional knowledge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB8590 NEW YORK STATE BAR ASSOCIATION NEW YORK STATE BAR ASSOCIATION QUALIFIED. CONSISTENT. TRUSTED. Journal BOARD OF EDITORS EDITOR-IN-CHIEF Lawyer REFERRAL David C. Wilkes Tarrytown e-mail: [email protected] Hannah R. Arterian As the world evolves, so does the New York State Bar Association Syracuse Lawyer Referral and Information Service. Marvin N. Bagwell Westbury Brian J. Barney Rochester In the age of online marketplaces, the legal profession is experiencing Mark A. Berman a moment of opportunity. By deeply embedding these tools in our New York City Katherine W. Dandy program, we have laid the foundation for seamless connection White Plains Janet M. DiFiore between our LRIS members and the public. Albany Elissa D. Hecker Irvington Michael J. Hutter Albany Barry Kamins Brooklyn Paul R. Kietzman Latham Daniel J. Kornstein New York City Ronald J. Levine New York City Julia J. Martin Syracuse Marian C. Rice Garden City MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOciate EDITOR Nicholas J. Connolly Tarrytown PUBLISHER Pamela McDevitt NEW, QUALITY REFERRALS Executive Director NYSBA PRODUCTION Staff EDITOR Kate Mostaccio DESIGN COST EFFECTIVE Lori Herzing Erin Corcoran Christine Ekstrom COPY EDITORS Alex Dickson Reyna Eisenstark Howard Healy WEB & MOBILE BASED Marisa Kane EDITORIAL OFFICES One Elk Street, Albany, NY 12207 (518) 463-3200 • FAX (518) 463-8844 www.nysba.org TRUSTED NYSBA ADVERTISING New York State Bar Association Attention: Advertising One Elk Street, Albany, NY 12207 PH: 518-487-5687 Secure Fax: 518-463-5993 Web: www.nysba.org/Advertising FOR MORE INFORmation Email: [email protected] www.nysba.org/JoinLR | [email protected] | 800.342.3661 EUGENE C. GERHART (1912 – 2007) Editor-in-Chief, 1961 – 1998 CONTENTS may 2017 MAKING STRIDES FOR WOMEN BY SUSAN L. HARPER AND FERVE OZTURK 8 7 Women in the Law: Reflection, Celebration and Work To Be Done BY CLAIRE P. GUTEKUNST 14 Domestic Violence and the Law: A New York State-Centric Overview and Update BY DORchEN LEIDholDT AND LYNN BEllER 22 A Right NOT to Be Trafficked BY TAINA BIEN-AIMÉ Why the United States Needs an Equal Why Your Diversity Initiative Is Irrelevant 53 25 Rights Amendment . and How to Fix It BY CARolYN B. MAloNEY BY JOANNE CLEAVER, MELIssA MCCLENAghAN MARTIN AND ANNE PERschEL 56 The State of Equal Pay in the 21st 29 Where Are the Women Litigators? Century BY CARRIE H. CohEN AND THE COMMERCIAL AND BY WENDI S. LAZAR AND KERRY C. HERMAN FEDERAL LITIGATION SECTION TASK FORCE ON WOMEN IN THE PRofEssION Departments 32 100 Years of Women’s Suffrage 5 President’s Message BY KATHY HochUL 6 CLE Seminar Schedule 39 New Developments in Sex 61 Burden of Proof Discrimination and Harassment Law BY DAVID PAUL HOROWITZ 64 Attorney Professionalism Forum BY BETTINA B. PLEVAN AND LAURA M. FANT 68 Becoming a Lawyer 43 Know New York State’s New Paid Family BY LUKAS M. HOROWITZ Leave Benefits Law 73 Welcome New Members BY SHERYL B. GAllER 77 Index to Advertisers 48 State-Sanctioned Humiliation: Why 77 Classified Notices New York Needs a Nonconsensual 79 2016–2017 Officers Pornography Law 80 The Legal Writer BY GERALD LEBOVITS BY CARRIE GolDBERG AND ADAM MAssEY The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2017 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publica- tion of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/August, September, October, November/December. Single copies $30. Library subscription rate is $210 annually. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | May 2017 | 3 Advised and administered by Insurance Program We put doctors & lawyers together. Introducing the NEW NYSBA Bar Association for our expertise in designing Insurance Exchange, an online the coverage you need. We’ve made it simple to browse more important than ever — and that’s where we come in. no matter what the size of your Health Care Reform. We can help you design a health plan that provides the best coverage and value while • Medical, Dental & Vision ensuring you will be in compliance with complex new • Life & Disability regulations and requirements. • Personal coverages like Auto & Home New York State Bar Association’s endorsed broker and partner for 60 years. PRESIDENT’S MESSAGE CLAIRE P. GUTEKUNST Letter to a Recent Law Graduate ear Member of the Class of to give back to the next class of new 2017: lawyers. So be sure to lift others while D Congratulations! You made you climb.
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