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The Dwight D. Opperman Institute of Judicial Administration at NYU School of Law Issue Number 5 / Winter 2006–07 O’Connor Celebrates IJA and the Judiciary o celebrate the dedi- ecutive Co-Director, engaged cation and formal re- in a conversation on “The Im- naming of the Dwight portance of Judicial Indepen- D. Opperman Insti- dence,” attended by an au- Ttute of Judicial Administra- dience of four hundred Law tion, retired Justice Sandra faculty, students, and friends Day O’Connor of the Supreme of the Law School and IJA, Court of the United States vis- followed by a dinner honor- ited NYU School of Law on ing Board member Mr. Op- October 11, 2006. She and Os- perman for his long history car G. Chase, Russell D. Niles of unstinting service to the Professor of Law and IJA Ex- courts and generosity for judicial education and recognition programs throughout the In This Issue country. (For a profile of Mr. New Judges Seminar 2 Opperman and the Opper- Professor Oscar G. Chase and Justice Sandra Day O’Connor man Institute’s name change, IJA Summer Fellows 4 please refer to IJA Report No. urges, is under attack from the constitution,” said Jus- 3, which is available on the politicians and others who tice O’Connor, who favors the Special Tribute Section 5 IJA Web site). do not understand the role of more accurate description of Chinese Judges’ Program 6 A true independent spirit, courts in a free society. “a fair, impartial and inde- among her activities since Today, an atmosphere of pendent” judiciary. Workshop on retiring from the Supreme “angst about judges,” as Jus- In an op-ed published by Employment Law 7 Court, Justice O’Connor sits as tice O’Connor termed it, the Wall Street Journal on IJA Community News 9 visiting judge in the courts of seems to be encouraged by September 27, 2006, she appeals and a member of the the idea that judges should wrote, “An independent ju- Board of Directors 10 Baker-Hamilton Iraq Study be political, rather than serv- diciary does not mean, of 2006–07 Calendar 11 Group whose recommenda- ing as checks and balanc- course, that it is somehow im- tions the nation awaits. She es for the politically account- proper to criticize judicial de- Contact IJA 12 has decided to make her spe- able branches. Even the term cisions. To the contrary, it is a cial cause the promotion and “independent judiciary,” she healthy sign for a democracy Membership Form 13 protection of an independent says, has become negative- that the public is engaged IJA Membership 16 judiciary in the United States. ly loaded. “We use the term with the workings of the judi- Judicial independence, she independent because it’s in cial system.”

During her conversation with Pro- norance about how our government dence. In Brown v. Board of Education, fessor Chase, Justice O’Connor listed works is the root of the problem. She for example, by deciding that “separate a number of features of the current cited an alarming statistic that only but equal” should not apply to public system that she felt impinged upon one-third of Americans are aware of education, the Court began a domino the independent nature of the judicial the judiciary branch. “No one knows effect that overturned laws promoting branch. Judicial elections were at the what we do,” she said. racial segregation. “It was an unbeliev- top of her list of threats to indepen- She seemed confident that a review able, necessary step, and trying to en- dence. Colorado has cut the terms of of the Court’s most historic cases would force it was hard,” she said. “But today, appellate judges in half so elections demonstrate the value of indepen- it’s history.” n and reshuffling occur more often to suit political groups’ agendas. Repeated at- tempts to dismantle Arizona’s method of judicial appointments, rather than 2006 Seminar for elections, often have been tried as well. “Our country can do better on judicial selection,” she said. New Appellate Judges Politically motivated limitations placed on the jurisdiction of courts have also become a dangerous trend with- in the past few years. Justice O’Connor referred to the Terry Schiavo case as a unique intervention by Congress and President Bush to take special mea- sures and force one hot-button case to the federal courts. Most disturbingly, however, she cited JAIL 4 Judges, the purposefully menac- ing name for a California-based interest group that placed on South Dakota’s November ballot an amendment that would eliminate judicial immunity and allow judges to be censured. Judges could even be subjected to jail time for making “wrong decisions.” Professor Chase asked what could Faculty and attendees of the New Appellate Judges Seminar be done about the threatened judicial branch, and how to combat some of n July 9-14, 2006 IJA hosted the Judges who attended the Seminar the support that has been garnered for New Appellate Judges Seminar, gave overall excellent evaluations of stripping away its equal standing with co-sponsored by NYU School of the program. In particular they high- the legislature and executive. Law and the Federal Judicial lighted the usefulness of the writ- “Bring back civics education,” said OCenter. The six-day conference, co- ten materials for future reference, the Justice O’Connor. She believes that ig- chaired by Professors Oscar G. Chase valuable opportunities to interact with and Samuel Estreicher, IJA Executive other judges, and the quality of the ex- Co-Directors, provided state and fed- perienced, practical-minded, and di- The 2007 eral judges with up to four years of verse faculty. experience on the appellate bench, in The Seminar opened with a recep- Brennan Lecture dialogue with a resident judicial and tion and dinner welcoming the judg- The Thirteenth Annual Brennan Lecture academic faculty, the opportunity to es. Keynote speaker Paul D. Clement, will be delivered by The Honorable explore the challenges inherent in judi- Solicitor General of the United States, Leah Ward Sears, Chief Justice of the cial decision-making and issues unique returned to IJA to deliver a keynote Supreme Court of Georgia, on February to appellate courts. The Seminar has address reviewing highlights of the Su- 22, 2007. All IJA members and alumni been held every years since 1956, and in preme Court’s 2005-2006 term. Previ- are invited to attend. recent years has been conducted with ous Solicitors General who have wel- the generous support of West Group comed the new judges to the Seminar and Cravath, Swaine & Moore. have included Theodore B. Olson, Ken-

muid O’Scannlain (U.S. Court of Ap- peals for the Ninth Circuit), and Justice Save the Date! Bea Ann Smith (Court of Appeals of July 8–13, 2007 Texas for the Third District). The oral argument was followed by a discussion New Appellate Judges Seminar on appellate decision-making, moder- Judges with up to four years of ated by Professor Oscar G. Chase, with experience on the appellate bench Judge Rosemary Barkett (U.S. Court can apply to this Seminar. Please of Appeals for the Eleventh Circuit), visit www.law.nyu.edu/institutes/ Judge Marsha Berzon (U.S. Court of judicial/programs/2007/new to Appeals for the Ninth Circuit), Judge download the application materials. Harriet Lansing (Minnesota Court of Appeals), and Chief Justice Randall T. Shepard (Supreme Court of Indiana). neth W. Starr, and Walter E. Dellinger The rest of the program included a (all IJA Board members), Drew S. Days, number of substantive sessions, includ- Solicitor General Paul D. Clement and Seth P. Waxman. ing Criminal Law (District Judge John The New Judges Seminar faculty Gleeson of the Eastern District of New Law School) joined Judge O’Scannlain includes a lineup of lawyers, academ- York and NYU School of Law Professor in a lively discussion of the judge’s role ics, and distinguished judges, many Rachel Barkow), Developments in in interpreting legislation. of whom are themselves alumni of the State and Federal Administrative Law This year the judges attended the Seminar and members of IJA. (Cardozo Law School and Visiting Tony Award-winning production of The Seminar began on Monday with NYU School of Law Professor Michael Sweeney Todd on Broadway, including Gibson Dunn & Crutcher lawyers Mat- Herz), and the Craft of Judging, with a talkback with cast members after the thew D. McGill and Julian W. Poon ar- the entire judicial faculty. Professor show, and a special lunchtime Q&A guing Cunningham v. California (heard Timothy Terrell (Emory University appearance by leading actor Michael by the U.S. Supreme Court on October School of Law) returned for his popu- Cerveris. On Thursday night they went 11, 2006), to decide whether Califor- lar sessions on Opinion Writing, with to a festive dinner at the waterfront nia’s Determinate Sentencing Law, by commentary provided by Judges Water Club Restaurant. permitting judges to impose enhanced Barkett and Berzon. Judge Berzon and Commenting on the week’s events, sentences based on determination of Justice Ireland with Professor Chase Professor Estreicher said, “Every year facts not found by jury or admitted by and NYU School of Law Professors we have a tremendous turnout of the defendant, violates the Sixth and Burt Neuborne and Liam Murphy judges from around the country and Fourteenth Amendments. The panel conducted a dialogue on Theories of beyond, and we’re especially proud of judges, presided over by Chief Jus- Constitutional Interpretation. Judge of those alumni who return to join us tice Shirley S. Abrahamson (Supreme Lansing, Chief Justice Shepard, and as Seminar faculty.” Professor Chase Court of Wisconsin), included Judge Professor Chase presented a number added, “The Seminar’s best advertising Martha Craig Daughtrey (U.S. Court of of hypos for a panel on Judicial Ethics. comes from word-of-mouth by former Appeals for the Sixth Circuit), Justice Judge Robert Katzmann of the U.S. attendees, and we believe that this at- Roderick Ireland (Supreme Judicial Court of Appeals for the Second Circuit tests to the topicality and relevance of Court of Massachusetts), Judge Diar- and Professor William Eskridge (Yale our program.” Attendees included judges from the appellate courts of Arizona, California, Colorado, Connecticut, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Loui- siana, Maine, Maryland, Minnesota, Mississippi, New Jersey, North Caroli- na, Pennsylvania, South Carolina, Ten- nessee, Texas, and Vermont; the U.S. Court of Appeals for the Ninth Circuit; the U.S. Army Court of Criminal Ap- peals; the U.S. Navy and Marine Corps Moot Court Presiding Judges: Hon. Bea Ann Smith, Hon. Diarmuid O’Scannlain, Hon. Shirley S. Court of Criminal Appeals; and the Abrahamson, Hon. Martha Craig Daughtrey, and Hon. Roderick Ireland Court of Appeal for Ontario. n

IJA Summer Fellow Update Every year since 1996, IJA has selected top- LLC. Daniel previously had his own firm eral Attorney in the Office of the Gen- notch first-year students for its Summer and was an attorney for the Oneida and eral Counsel of the U.S. International Fellows program. The fellowship, a full- Menominee Tribes of Indians. Trade Commission in Washington, time summer commitment, integrates an Daniel H.R. Laguardia is an asso- D.C., doing appellate litigation and ad- intensive note-writing experience with re- ciate in litigation at Sullivan & Crom- ministrative law. His work focuses on search responsibilities for IJA’s New Appel- well in New York. After graduating intellectual property disputes. late Judges Seminar. Recent Fellows have from NYU School of Law, he clerked obtained clerkships with judges on the for Judge Anthony J. Scirica (Third Cir- U.S. Supreme Court, various U.S. Courts of cuit) and Judge David G. Trager (East- IJA Summer Fellows Appeals, State Supreme Courts, and U.S. ern District of New York). 1996–2006 District Courts. We are proud to report on Maggie Lemos is teaching consti- 1996 Sarah R. Cebik, Jeffrey M. the latest news of our Fellows: tutional law and civil procedure as an Hirsch, Daniel J. Krause, Daniel H. R. assistant professor at the Benjamin N. Laguardia Cardozo School of Law. Prior to this Abigail Caplovitz, a Legislative Advo- appointment Maggie was a Furman 1997 Melanie Hochberg Giger, cate for the New Jersey Public Interest Fellow at NYU School of Law, a Bristow Benet J. O’Reilly, Anjli Garg Pero, Research Group and the NJPIRG Law & Fellow at the Office of the U.S. Solicitor Kieran P. Ringgenberg, Douglas T. Tsoi Policy Center, has testified before the General, and law clerk for Judge Kermit state legislature on identity theft, rent- 1998 Christopher J. Garofalo, V. Lipez (First Circuit) and U.S. Supreme to-own, health care, and other issues. Lauryn Powers Gouldin, Ilizabeth Court Justice John Paul Stevens. Sarah Cebik is an associate in the Gonchar Hempstead, Derek Ludwin Bill McGeveran is associate pro- corporate group at Dorsey & Whitney 1999 Abigail Phillips Caplovitz, fessor of law at the University of Min- LLP in London, focusing on cross-bor- Margaret Hayes Lemos, Joel Lance nesota Law School, specializing in der corporate and securities matters, Thollander, David Albert Yocis information law, including intellec- along with corporate governance in- tual property, data privacy, commu- 2000 Brian Hochleutner, William vestigations and advice. Sarah clerked nications and technology, and free McGeveran, Parvin D. Moyne, Shirley for Judge Murray Schwartz of the Dis- speech. Bill previously was a resident S. Park trict of Delaware and Judge H. Robert fellow at Harvard Law School’s Berk- Mayer of the Court of Appeals for the 2001 Yohance C. Edwards, Jessica man Center for Internet and Society Federal Circuit (an alum of the 1993 Kayle Fried, Jennifer G. Presto, Robert and clerked for Judge Sandra Lynch Advanced Appellate Judges Seminar). Alexander Schwartz (First Circuit). Melanie Hochberg Giger is the We congratulate Lee M. Pollack, 2002 Matthew B. Larsen, Ajay Associate Director of Graduate Ad- who is currently working as an associ- Salhotra, Kimberly C. Spiering, missions for the Hauser Global Law ate at Jones Day and will be clerking James A. Worth School. This year, Melanie has been next year for Judge Robert S. Smith Kristina Daugirdas, Elliot very involved with recruitment and 2003 of the Court of Appeals of the State Greenfield, Jonathan K. Regenstein, admissions for the new NYU School of New York. Judge Smith was an at- Lindsay (Traylor) Braunig of Law and National University of tendee of the 2003 New Appellate Singapore Dual Degree Program to 2004 Jason W.H. Burge, Ari D. Judges Seminar. be offered beginning in May 2007 in MacKinnon, Lee M. Pollack, Teddy Rave Kieran Ringgenberg is an asso- Singapore. Melanie clerked for Judge ciate in the Oakland office of Boies 2005 Kara J. Ervin, David A. Herman, Loretta A. Preska (Southern District Schiller. His main practice area is com- Joshua M. Kaplan, Kimberly Steefel of New York), a long-time Member of plex commercial litigation, with an the Institute. 2006 Tracy Jade Chin, Allegra emphasis on antitrust and securities Having worked at Debevoise & Glashausser, Brian Johnston, Michael matters. Prior to joining the firm he Plimpton, Elliot Greenfield has taken Petrocelli clerked for Judge Pasco M. Bowman a clerkship with Judge Victor Marrero (Eighth Circuit). (Southern District of New York). Since finishing his clerkship with Since 2000, Daniel J. Krause has Judge Pauline Newman (Federal Cir- been working as an Estate Planning and cuit), James Worth has become a Gen- Business Attorney at King Law Offices, Remembering Friends of IJA

The Honorable Edward R. Becker, widely each session, and that, more often than And Judge Becker’s work for the pub- regarded as a leader of the federal judi- not, the pages were crinkled from wa- lic good hardly ended with his Article III ciary, was a dear friend of the Institute ter damage suffered while the Judge duties. He took on so many causes—in- who served on the faculty of the New, was bathing. Invariably, he had reading cluding making sense of the Sentencing Advanced, and Senior Judges’ Seminars tucked somewhere in his jacket, and a Guidelines, improving the timing of law over the years. We will greatly miss him. folded piece of legal paper in his shirt clerk hiring, getting the Magna Carta pocket, on which he scribbled his “to to Philadelphia, moving the Liberty do” list on a rolling basis. Bell and then keeping it accessible, and A Tribute to Judge At the same time, he was absolutely reforming the asbestos litigation sys- devoted to his family. More often than tem—I’m certain that no one will ever Edward R. Becker not, his wife, Flora—who is a legal know all that he did for the country. By Professor Marci A. Hamilton force as well, most recently serving as You always knew that a cause was be- Benjamin N. Cardozo School of Law a Philadelphia juvenile court judge— ing born when he would start talking would come to chambers for lunch, and about a new “goddamn outrage!” Judge Edward R. Becker, who served for they were constantly in touch. One of Nor was he a bore. When I was clerk- over thirty-five years, first as a district the most moving moments during his ing for Justice Sandra Day O’Connor, court and then as an appellate judge on funeral was when his son, Chip, said the piano player for Chief Justice the U.S. Court of Appeals for the Third that his father had moved on from the William Rehnquist’s annual all-Court Circuit, passed away on Friday, May 19. study of philosophy at Penn, because, sing-along was not available. I men- We have lost a great man. in the Judge’s words, he had “found the tioned that Judge Becker was the best The funeral was a testimony to a meaning of life” in Flora. piano player I ever met, and he played life that made a monumental differ- ence. There were so many people in attendance that the two hours set aside In an era when there is such an alarming for the family to greet mourners was simply not enough. The line snaked increase in cheating, Judge Becker was a through the Kenneseth Israel syna- gogue, and into the parking lot. Re- man of enormous integrity. markable, personal eulogies were delivered by Senator Arlen Specter; by Chief During the years before I clerked, for the sing-along every year after that Judge Anthony Scirica, Justice Samuel he was known to run up and down the until his health failed him. Alito, and Judge Midge Rendell, Judge field while one of his children played, Judge Becker, though, was so much Becker’s colleagues on the Third Cir- with the ever-present briefs in hand, more than the sum of these sterling cuit; and by Stephen Harmelin, man- and clerks jogging alongside. My year, qualities. In an era when there is such aging director of Dilworth Paxson. Su- we took many a brisk walk from the an alarming increase in cheating, when preme Court Justices Antonin Scalia courthouse to JFK Boulevard, where industry titans are being convicted for and David Souter and Gov. Ed Rendell his mother lived, so that he could check criminal financial cover-ups, and when were also in attendance, as were many on her. One case would be discussed in religious organizations have been found family members, and countless judg- each direction. to harbor pedophile clergy, Judge Becker es, law clerks, prominent lawyers, and Let there be no mistake, though; was a man of enormous integrity. admirers. I clerked for the Judge from Judge Becker was no slave to his work. It The realist theory of the law, where 1988 to 1989, and was deeply honored was a passion for him. He was the judge judges’ opinions are determined by to be one of the pallbearers. who wrote lengthy, scholarly, and im- what the judge had for breakfast or his During his life, those who knew portant opinions in major cases, which political bent, cannot explain Judge Judge (or “Eddie,” as his wife and others, including the Supreme Court, Becker, who toiled to “get it right,” friends fondly called him) Becker knew treated with deep respect. Yet, he also regardless of how he felt personally that he was a force beyond human pro- always found the time to read all of the about the outcome of a case. At the be- portion. This man never stopped work- other judges’ opinions in the circuit. His ginning of each clerkship, he told his ing. Every former clerk can tell you that comments ranged from deeply substan- clerks there would be “zero deference” he read every brief in the assigned cases tive to careful matters of detail. to him. On every case, he charged us to

come up with our best theory, whether the case was primarily assigned to us or not, and the chambers battled over ev- Chinese Judges Explore ery major opinion. It was the best training a young lawyer could receive, and it meant that he heard (and debated) ev- the U.S. Court System ery side before he reached his final decision. Litigators arguing cases before him were also treated to his zero toler- ance for the red light at oral argument, which he treated like a malfunctioning stop light that required an override in the interest of greater knowledge and better justice. The trappings of success meant absolutely nothing to Judge Becker. He lived in the house in the Frankford section of Philadelphia where he was born, took the Frankford El to work every day, and, with Flora, raised his children to be the responsible, kind, and good people that they are today. He loved Philadelphia with a civic passion, and especially the Sixers. When he wanted a clerk to come into his office, he would yell, “Yo!,” right out of “Rocky.” The first time I heard it, I froze at my desk, thinking that he Judges Huang Lihua, left, Zhang Min, center, and Wang Jianping, standing right, take the A train. could not have just yelled, “Yo, Marci,” from his office, through the secretaries’ delegation of 27 Chinese judges the largely Asian community in Low- offices, and into ours. Of course, by the visiting New York for a three- er Manhattan. One such initiative that time it dawned on me I’d better get up week crash course in the United impressed the judges was the free book and go in there, he had made two calls States’ justice system left with a available at the court, cowritten in in the meantime. Abetter understanding of how our sys- English and Mandarin by Justice Ling- I took my children to his funeral, not tem operates. “The visiting judges were Cohan, which explains New York State only because he played such an impor- interested in the ways American courts court procedures. The Justice said she tant role in my life, but also because I function, how they relate to the execu- was pleased to share an overview of wanted them to hear what is said pub- tive branch and how they deal with ad- the court’s community education effort licly about a great man at the end of his ministrative problems,” said Professor with the guests. life. There has never been an overabun- Oscar G. Chase, Opperman Institute “It’s great to have this type of cul- dant supply of those who changed the Executive Co-Director. The Training tural exchange and exchange of ideas world for the better. This generation and Educational Program for Chinese about different systems of justice in was blessed with Judge Becker. There Judges, hosted by IJA, the Temple our global society,” said Judge Dora L. will never be a replacement, but it is up University Beasley School of Law, and Irizarry, of the Eastern District of New to future generations to strive to live up the National Judicial College of Beijing, York, during a reception at the federal to the Becker standard. n is in its fourth year. The program, admin- courthouse in Brooklyn. “It’s interest- istered by NYU School of Law Research ing to learn how Chinese judges are Marci A. Hamilton is the Paul R. Verkuil Scholar Mary Holland, combines a series working to set up a more professional Chair in Public Law at Benjamin N. Car- of lectures by judges and professors with court system.” dozo School of Law, Yeshiva University. extensive field trips and meetings. “It is our honor to make this a tradi- Professor Hamilton’s most recent work At the New York State Supreme Court tion,” said Lai Sun Yee, president of the is God vs. the Gavel: Religion and the the visiting judges—representing Chi- Asian American Bar Association of New Rule of Law (Cambridge University na’s trial, appeals and high courts— York, which sponsored the reception. Press 2005). This essay first appeared as had the opportunity to meet with Jus- In his welcoming remarks to the Professor Hamilton’s biweekly column tice Doris Ling-Cohan and hear about group of approximately 100 people at- on www.findlaw.com. her administrative initiatives to benefit tending the reception, Eastern District

Chief Judge Edward R. Korman spoke Professor Chase lectured on Alterna- law); and Cardozo Law School’s Toni of the enthusiasm and diversity inject- tive Dispute Resolution with District Fine (The Federal Judicial System and ed into the United States every year by Judge Rob Levy of the E.D.N.Y. Lectur- the Role of the Supreme Court). new Chinese immigrants. “Four times ers in the program included Judge Bil- Current events also made for lively per week in our courthouse, we hold lie Colombaro (Judicial Training, Elec- discussion. “On the last day of the swearing-in ceremonies, and 40,000 tion, and Selection and Qualifications), program, we discussed the Hamdan people every year become citizens,” IJA Executive Co-Director Professor case in which the Supreme Court held Judge Korman said. “When you look Samuel Estreicher (U.S. Civil Justice that the president’s powers over the in the room of 300-400 people, a large System, Labor Law), Professor Steve Guantánamo detainees were lim- number of them are from China, and Gillers (Judicial Ethics), Professor Ste- ited by the Geneva Conventions and I’ve always felt that this constant infu- phen Choi (Corporate Law, Securities Congressional action,” said Professor sion of immigrants is really responsible Law), Professor Frank Upham (Prop- Chase. “I found that the Chinese judges for the strength of our country.” erty Law in the U.S.), Professor Jim Ja- were as divided about the outcome as The Chinese judges’ visit is part of an cobs (Key Criminal Law Issues in the the justices of the Supreme Court.” n education effort linked to current re- U.S.), Professor Jerome Cohen (Com- forms underway in the Chinese judicial parative Criminal Procedure, Com- Reporting provided by the The Law system, according to Xiao Fang Wang parative Judicial Independence), Tem- School Magazine and the Brooklyn of China’s National Judicial College. ple Law School’s Jeffrey Dunoff (trade Daily Eagle. “Before, there was not a concept of professionalism associated with judges and lawyers,” Wang said. “It was pos- sible to go into judicial practice without Ninth Annual Employment Law extensive training. Now, judges and attorneys are required to pass a profes- Workshop for Federal Judges sional judicial exam every three years.” In addition to attending many lec- he ninth annual Workshop on tures by law professors and judges, the Employment Law for Federal judges took various field trips while in Judges took place on March 16-17, New York. The group toured the U.S. 2006. This program is sponsored Court of Appeals for the Second Circuit Tjointly by IJA, the Center for Labor and and the Sing-Sing Correctional Facility Employment Law at NYU School of in upstate New York. They also visited Law, and the Federal Judicial Center. the Jones Day law firm in Manhattan, It provides a large, select group of fed- which has several offices in China, and eral judges—court of appeals, district observed a New York State court trial. court, and magistrate judges—with the According to Professor Holland, the opportunity to examine the labor and educational tour has been steadily im- employment issues which increasingly proving, and this year’s delegation in- dominate their dockets, called “the cludes higher-level judges than in pre- bread and butter cases of the civil case- vious years. load” by one attendee. Judge Lin Zhen Hua of the southern The event is chaired by IJA Executive Guang Dong province’s High People’s Co-Director, and Executive Director of Court, whose jurisdiction covers ap- the Labor Law Center, Professor Samuel Hon. Bernice B. Donald proximately 80 million people, says the Estreicher. Forty-five federal judges most interesting thing he has observed from around the country convened to sues, theories, and perceptions about is how the federal and state judicial discuss such topics as case manage- employment law cases. To ensure bal- systems coexist in harmony. In China, ment, wage hour litigation, evidence ance, each session’s faculty is typically there is only one court system. and experts, mediation, sex and age comprised of a judge, a lawyer repre- The Honorable John M. Walker Jr., discrimination, and jury instructions. senting plaintiffs, and a lawyer repre- then Chief Judge, now a senior judge on Since its inception, the Workshop senting management. Judge Bernice the U.S. Court of Appeals for the Second has aimed to bring together experi- B. Donald, from the Western District of Circuit and long-term IJA Board mem- enced judges with practitioners and Tennessee, opened the workshop with ber, welcomed the judges with a lun- academics to tailor the discussion to a presentation on “Using Technology cheon talk and Q&A session on his role federal judges’ needs, and to provide in the Courtroom,” a topic identified as Chief Judge of a U.S. federal court. guidance and time for reframing is- in previous years as one of concern to

federal judges in managing their dockets. Judge Donald, who had previously been a bankruptcy judge, has served as President of the National Association of Women Judges and the Association of Women Attorneys; on the Board of Editors of the American Bar Association Journal; and on the Board of Directors of the Federal Judicial Center. Judge Donald also appeared on the panel on Electronic Discovery with Labor Center Board Members Theodore O. Rogers Jr. (Sullivan & Cromwell) and Pearl Zuchlewski (Kraus & Zuchlewski). In a time when as many as twelve million undocumented worker claims ap- pear on the horizon, electronic discovery is an important, evolving area that cries out for continuing updates on law and case management techniques. The session on Case Management Is- Hon. Rosemary Barkett and Professor Samuel Estreicher sues offered practical tips for case management and an especially pertinent dispute in this infrequently addressed Barkett of the U.S. Court of Appeals for discussion of pro se plaintiffs, as well as area, especially where conflicting and the Eleventh Circuit, Mindy G. Farber summary judgment and class actions. fractured caselaw comes into play. (Farber Rubin) and Robert Whitman Two judges from the Eastern District of District Judge John G. Koeltl of the (Orrick, Herrington) began the discus- New York, District Judge John Gleeson Southern District of New York led the sion with an analysis and categorization and Magistrate Judge Steven M. Gold, panel on Evidence Issues and Use of of sexual discrimination claims. The joined Joseph D. Garrison (Garrison, Experts, with Kenneth A. Margolis attendees identified the topic as an ex- Levin-Eptstein, Chimes & Richardson, (Kauff, McClain & McGuire LLP) and tremely important, but difficult, area in P.C.) and Kathleen McKenna (Proskau- Gary Trachten (Kudman Trachten LLP). their caseloads and responded enthusi- er Rose, LLP) in a lively and balanced Employment litigation is becoming in- astically to the practical overview of the discussion. creasingly complex, as expert witness- relevant law, including sex stereotyp- The panel on Age and Disability Dis- es are often used to dealing with sta- ing, the adequacy of anti-harassment crimination Law and Theory featured tistics, emotional stress recovery, and policies, disparate impact challenges to Ethan A. Brecher (Liddle & Robinson claims of unconscious discrimination. subjective promotion decisions, family LLP) and Zachary Fasman (Paul Hast- The last session on Thursday ex- and medical leave, and the personal li- ings) who surveyed recent develop- plored techniques used in court-based ability of corporate officers. ments on disparate impact challenges or -annexed mediation of employment The final session addressed jury under age discrimination laws and is- disputes. Panelists included District instructions. Speakers Frederick D. sues concerning reasonable accomoda- Judge Denise L. Cote of the Southern Braid (Holland & Knight), John W. tion of individuals with disabling phys- District of New York, Daniel J. Kaiser Green (Green & Savits), and Jeffrey ical or mental conditions. (Kaiser Saurborn & Mair, P.C.), and Kohn (O’Melveny & Myers) provided Adam Klein (Outten & Golden) Donna Malin (Johnson & Johnson). an overview of a topic generally con- joined Matthew W. Lampe (Jones Day) Mediation conducted by judges can sidered important and yet confusing. in a discussion from the plaintiff’s and help to mediate the disproportion be- They highlighted problems, contrasted defendant’s perspectives on Wage Hour tween cost and benefit in employment experiences, and discussed a useful set Litigation. Unlike class action suits, law cases, which often drag on for of model instructions. where eligible plaintiffs are automati- years and are hard to win. The panel- Says Professor Estreicher, “There is no cally included, individuals in a collec- ists solicited audience input to discuss other program like this in the country, tive action must opt-in to participate settlement motivations, experiences where we can attract the best federal and benefit. In employment law, such with mediation, and techniques. judges in the nation and have them ex- cases typically involve unpaid overtime Friday opened with an animated ses- plore with experienced lawyers and aca- under the Fair Labor Standards Act. sion on issues of sex discrimination and demics cutting-edge developments in Klein and Lampe highlighted points of sexual harassment law. Hon. Rosemary the law of employment relationship.” n

IJA Community News We welcome news updates from our IJA Board Member Michael V. We were delighted to receive Board, Members, Fellows, and Appellate Ciresi reports that his firm, Robins, the news, shortly after the 2006 Judges Seminar Alumni. If you would Kaplan, Miller & Ciresi LLP, its Private New Appellate Judges Seminar, that like to submit an item for the next issue Foundation, and its Foundation for Seminar attendee and new IJA mem- of our newsletter, please email Alison. Education, Public Health, and Social ber Hon. John D. Minton Jr. was [email protected] or fax (212) 995-4036. Justice have carried out a number of elevated from the Kentucky Court recent pro-bono projects, including of Appeals to the Supreme Court of Hon. E. Riley Anderson, an alum of involvement with Ready 4 K, increas- Kentucky. Said Kentucky Chief Justice the 1999 Advanced Judges Seminar, ing the number of children entering Joseph E. Lambert, himself an alumn retired from the Tennessee Supreme kindergarten prepared for learning of IJA programs in 1987, 1992, and 1994, Court in August, ending a judicial ca- success; the National Child Protection “John Minton is one of Kentucky’s fin- reer that included four terms as Chief Training Center, training approximate- est judges. He will be a welcome addi- Justice. During his tenure, the court ly 10,000 child protection professionals tion to the Supreme Court.” took a number of steps to improve ef- every year; and the Center for Victims of Hon. Allen M. Linden, a judge ficiency in the administration of jus- Torture (CVT)-New Neighbors/Hidden on the Federal Court of Appeal of tice and increase public confidence in Scars, developing a new service deliv- Canada, and an alum, former faculty the judiciary. ery system that allows the CVT to reach member, and coordinator for the par- Hon. Billy G. Bridges, an alum broad communities of refugees. ticipation of Canadian judges every of the 1995 New Judges Seminar, re- Hon. Mario P. Goderich, an alum year in IJA programs, was the third retired from the Court of Appeals of of the 1990 New Judges Seminar and cipient of the John G. Fleming Award Mississippi, where, with eleven years the 1999 and 2000 Advanced Judges in Torts. The prize, named for one of of service, he was one of the longest- Seminars, retired from the Third District the world’s most outstanding com- serving members of the Court. He has Court of Appeal of Florida and joined parative law torts scholars, is awarded joined the pool of judges who hear the firm of Gunster, Yoakley & Stewart. every two years. Judge Linden re- cases by special appointment when Judge Goderich served as a judge ceived the prize at Pepperdine School trial judges recuse themselves, and for thirty years, fifteen on the Court of Law, where he has taught as an plans to travel, hunt, and fish. of Appeal, and was the first Cuban- adjunct professor of law for seven The University of Iowa College American appointed to the court. years. In his acceptance speech, he of Law recognized Hon. James H. We congratulate Hon. Dennis said, “Although tort law is certainly no Carter and Hon. Louis Lavorato for Jacobs, who became Chief Judge panacea for all the ills of society, it is their service to the Supreme Court of the U.S. Court of Appeals for the a worthy endeavor for a society that of Iowa; both judges retired from the Second Circuit on October 1, 2006. places a supreme value on each of our Court in October and are on call as se- Judge Jacobs, a long-time friend citizens, for it continually underscores nior judges. Justice Carter is a current of IJA, attended the New Judges our sincere belief in the dignity of the IJA member and an alum of the New Seminar in 1993 upon his appoint- individual and our commitment to Judges Seminar Class of 1977. Chief ment to the Court. right wrongs peacefully and fairly, no Justice Lavorato attended the 1986 Hon. Nathaniel R. Jones has re- matter what the financial cost.” Advanced Judges Seminar. tired from the U.S. Court of Appeals Hon. Julia K. Tackett, who at- On October 3 Evan R. Chesler, IJA for the Sixth Circuit. Judge Jones, who tended the 2000 New Judges Seminar, Board President and Presiding Partner attended the 1981 and 1998 Advanced retired from the Kentucky Court of (as of Jan. 2007) at Cravath, received Judges Seminars, remains involved Appeals after a 28-year judicial career. the Gould Award for Outstanding Oral with the American Bar Association, Tackett was one of three women to be Advocacy. The award, which is named where he serves as special advisor elected in Kentucky’s first crop of dis- for Milton S. Gould and honors contri- to the Council on Racial and Ethnic trict judges in 1977. About her retire- butions to the law and the art of oral Justice; Chairman of the Board of ment plans, Judge Tackett said, “I am advocacy, is awarded by the Office of Trustees for the Cincinnati Youth going to set off fireworks, then figure the Appellate Defender, a nonprofit Collaborative; the Board of Visitors at out what I am going to do.” law firm devoted to providing high- the University of Cincinnati College of Congratulations to Hon. Marsha K. quality legal representation to the Law; and the Board of Directors of the Ternus, alum of the 1994 New Judges poor in criminal cases. KnowledgeWorks Foundation. continued on page 15 10

Paul T. Cappuccio Esq. Hon. Barbara J. Rothstein Hon. William H. Webster IJA Board Executive Vice President (ex officio) President Emeritus of Directors and General Counsel, Director, Federal Judicial Millbank, Tweed, Hadley Time Warner Inc. Center & McCloy Michael V. Ciresi Esq. Stephen M. Shapiro Esq. Arthur T. Vanderbilt Robins, Kaplan, Miller Mayer Brown Rowe Sponsoring Member & Ciresi, LLP & Maw, LLP Kenneth R. Feinberg Esq. Feinberg Group, LLP Hon. Paul D. Clement Linda J. Silberman (ex-officio) Martin Lipton Professor of Charles E. Clark Solicitor General of the Law, NYU School of Law Sustaining Member United States Hon. Mary Hannah Leavitt President Hon. Kenneth W. Starr Commonwealth Court Evan R. Chesler Esq. Florence A. Davis Esq. President Emeritus of Pennsylvania Presiding Partner (o1/07), President, The Starr Dean, Pepperdine University Cravath, Swaine & Moore, LLP Foundation School of Law John J. Parker Contributing Members Professor Walter E. Hon. John M. Walker Jr. Hon. Douglas Inge Dellinger III U.S. Court of Appeals Johnstone Duke University School for the Second Circuit Supreme Court of Alabama of Law and O’Melveny Kelly R. Welsh Esq. (Retired) & Myers, LLP President Emeritus Hon. Steven H. Levinson Hon. Harry T. Edwards Executive Vice President Supreme Court of Hawaii U.S. Court of Appeals for the and General Counsel, Vice President and District of Columbia Circuit The Northern Trust Company Hon. Frank E. Sullivan Jr. Executive Co-Director Supreme Court of Indiana Samuel Estreicher Hon. Robert A. Katzmann Diane L. Zimmerman Dwight D. Opperman U.S. Court of Appeals Samuel Tilden Professor Regular Membership Professor of Law, for the Second Circuit of Law, NYU School of Law Hon. E. Riley Anderson Supreme Court of Tennessee NYU School of Law Hon. Judith S. Kaye Hon. Rya W. Zobel Chief Judge, Court of Appeals U.S. District Court for the Hon. Rex Armstrong of the State of New York District of Massachusetts Court of Appeals of Oregon Thomas C. Leighton Esq. Hon. Nancy Friedman Atlas Vice President, Litigator IJA Members U.S. District Court for the Content Center, West Group (as of November 1, 2006) Southern District of Texas Martin Lipton Esq. Life Members Hon. John Gatch Baker Wachtell, Lipton, Rosen & Katz Hon. Marc T. Amy Court of Appeals of Indiana Secretary and Court of Appeal of Louisiana Theodore B. Olson Esq. Hon. Carlos T. Bea Executive Co-Director for the Third Circuit Oscar G. Chase Gibson, Dunn & Crutcher U.S. Court of Appeals for the Hon. Maurice A. Hartnett III Ninth Circuit Russell D. Niles Professor Dwight D. Opperman Esq. Supreme Court of Delaware of Law, NYU School of Law Chair, Key Investment, Inc. Hon. Carol A. Beier Hon. Thomas Homer Supreme Court of Kansas Carter G. Phillips Esq. Hon. Shirley S. Abrahamson Appellate Court of Illinois Sidley Austin LLP Hon. Roland L. Belsome Chief Justice, Supreme Court for the Third District Court of Appeal of Louisiana of Wisconsin Hon. Thomas R. Phillips Hon. Stewart G. Pollock for the Fourth Circuit Baker Botts, LLP Donald B. Ayer Esq. Supreme Court of New Jersey (former Chief Justice, Hon. Debra Halpern Bernes Jones Day (Retired) and Riker, Danzig, Supreme Court of Texas) Court of Appeals of Georgia Sheila L. Birnbaum Esq. Scherer, Hyland & Perretti Richard L. Revesz Hon. Charles M. Bleil Skadden, Arps, Slate, Hon. Abraham D. Sofaer Dean and Lawrence U.S. District Court for the Meagher & Flom The Hoover Institution King Professor of Law, Northern District of Texas Peter Buscemi Esq. NYU School of Law Hon. Herman J. Weber Jr. Hon. Theodore R. Boehm Morgan Lewis & Bockius LLP U.S. District Court for the Supreme Court of Indiana Southern District of Ohio 11

Hon. Morton D. Denlow Barry H. Garfinkel Esq. U.S. District Court for the Skadden, Arps, Slate, Calendar of Events Northern District of Illinois Meagher & Flom LLP For more information on upcoming IJA events, visit our Web Hon. Diane Vinson DeVasto Hon. Leonard I. Garth site at www.law.nyu.edu/institutes/judicial Court of Appeals of Texas U.S. Court of Appeals for the for the Twelfth District Third Circuit February 22, 2007 Hon. Brent E. Dickson Gibson Gayle Jr., Esq. Thirteenth Annual Justice William J. Brennan Jr. Supreme Court of Indiana Fulbright & Jaworski L.L.P. Lecture on State Courts and Social Justice Hon. Leah Ward Sears, Chief Justice of the Hon. Alexandra D. Hon. James G. Glazebrook Supreme Court of Georgia DiPentima U.S. District Court for the This lecture series honors the state judiciary as the bedrock of Appellate Court of Middle District of Florida justice under law in the United States. All alumni and members Connecticut Hon. Thomas J. Grady are invited to attend. Hon. Gordon L. Doerfer Court of Appeals of Ohio for March 12–13, 2007 Massachusetts the Second District Court of Appeals Workshop on Employment Law for Federal Judges Hon. R. Malcolm Graham Co-sponsored by the Federal Judicial Center and the NYU Hon. Sarah B. Duncan Court of Appeals of School of Law Center for Labor and Employment Law. The Court of Appeals of Texas Massachusetts tenth in a series of workshops for federal trial and appellate for the Fourth District Hon. John M. Greaney judges. Interested applicants should contact the FJC to register. Hon. Antoinette L. Dupont Supreme Judicial Court of July 8-13, 2007 Appellate Court of Massachusetts Connecticut New Appellate Judges Seminar Norman L. Greene Esq. Co-sponsored by the Federal Judicial Center. Judges with up to Hon. Christine M. Durham Schoeman, Updike, & four years of experience on the appellate bench can apply to Supreme Court of Utah Kaufman, LLP the Seminar. Hon. Andrew S. Effron Hon. T. Kenneth Griffis August 13, 2007 U.S. Court of Appeals Court of Appeals of “A Review of the U.S. Supreme Court’s 2006-2007 Term” for the Armed Forces Mississippi A panel discussion and reception at the IJA Alumni Reunion Hon. Craig T. Enoch Hon. John Michael Guidry and Meeting of the Members, in conjunction with the ABA Supreme Court of Texas Court of Appeal of Louisiana Annual Meeting. (Retired), Winstead, Sechrest for the First Circuit and Minick Hon. James W. Haley Hon. Charles L. Brieant Hon. Eric L. Clay Hon. Robinson O. Everett Court of Appeals of Virginia U.S. Court of Military Appeals U.S. District Court for the U.S. Court of Appeals Hon. George C. Hanks Jr. (Retired), Duke University Southern District of New York for the Sixth Circuit Court of Appeals of Texas Law School Hon. James L. Cannella Hon. Frank G. Clement Jr. for the First District Hon. Mike Fain Fifth Circuit of Appeal Court of Appeals of Tennessee Hon. Andrew J. Higgins Court of Appeals of Ohio for the State of Louisiana for the Middle Grand Division Supreme Court of Missouri for the Second District Charles Carpenter, Esq. Hon. Robert W. Clifford (Retired), Inglish & Monaco, P.C. Supreme Judicial Court Hon. Lance G. Finch American Academy of Hon. Janice M. Holder of Maine Court of Appeals of Appellate Lawyers Supreme Court of Tennessee British Columbia Hon. Richard R. Clifton Hon. James H. Carter Hon. Annabelle Clinton U.S. Court of Appeals Hon. Helen E. Freedman Supreme Court of Iowa Imber for the Ninth Circuit Supreme Court of New York Hon. Craig L. Carver Supreme Court of Arkansas Hon. Thomas Cromwell State, Appellate Division, U.S. Navy-Marine Corps Court of Appeals of First Department Hon. Roderick L. Ireland Court of Criminal Appeals Supreme Judicial Court of Nova Scotia Hon. Susan Peikes Gantman Jordan B. Cherrick Esq. Massachusetts Hon. Martha Craig Superior Court of Greensfelder, Hemker Daughtrey Pennsylvania Hon. Earl Johnson Jr. & Gale, P.C. U.S. Court of Appeals Court of Appeal of California for the Sixth Circuit for the Second District 12

Hon. Jim Jones Hon. Douglas S. Lang Hon. Edwin Lombard Hon. Diarmuid F. Supreme Court of Idaho Court of Appeals of Texas Court of Appeal of Louisiana O’Scannlain for the Fifth District for the Fourth Circuit U.S. Court of Appeals for the Hon. Joette Katz Ninth Circuit Supreme Court of Hon. Harriet Lansing E. Nobles Lowe, Esq. Connecticut Court of Appeals of Minnesota Former General Counsel and Hon. David Painter Vice President, Westvaco Court of Appeal of Louisiana Hon. Gary S. Katzmann Hon. Larry Joseph Lee Corporation for the Third Circuit Court of Appeals of Court of Appeals of Massachusetts Mississippi Hon. Judith McConnell Hon. Marsha M. Piccone Court of Appeal of California Colorado Court of Appeals Hon. Howard H. Kestin Hon. Harry T. Lemmon for the Fourth District (Retired), Snell & Wilmer LLP Superior Court of New Jersey, Supreme Court of Louisiana Appellate Division Hon. Joseph K. McKay Hon. Jaime Pieras Jr. Hon. Mary Ann Vial Supreme Court of U.S. District Court for the Hon. Evelyn Keyes Lemmon New York State District of Puerto Rico Court of Appeals of Texas U.S. District Court for the for the First District Eastern District of Louisiana Hon. Vincent L. McKusick Hon. Donald C. Pogue Supreme Court of Maine U.S. Court of International Hon. Warren R. King W. H. Levit Jr., Esq. (Retired), Pierce Atwood Trade District of Columbia Godfrey & Kahn, S.C. Court of Appeals Hon. M. Blane Michael Hon. Loretta A. Preska Hon. Allen M. Linden U.S. Court of Appeals for the U.S. District Court for the Federal Court of Appeal Fourth Circuit Southern District of New York Hon. John D. Minton Hon. Edward D. Re Supreme Court of Kentucky U.S. Court of International Trade (Retired) i Contact IJA Hon. Ronald T. Y. Moon Supreme Court of Hawai’i Norman Redlich Esq. Visit our Web site at www.law.nyu.edu/institutes/judicial Wachtell, Lipton, Michael J. Moroney Esq. Rosen & Katz The Dwight D. Opperman Honorary Consul General, Consulate of the Republic Richard H. Reimer Esq. Institute of Judicial Administration of Palau The American Society of New York University School of Law Composers, Authors and 40 Washington Square South, Room 314 Hon. Richard M. Mosk Publishers New York, NY 10012 Court of Appeal of California for the Second District, Hon. Ariel A. Rodriguez Professor Oscar G. Chase Division Five Superior Court of New Jersey Executive Co-Director Appellate Division (212) 998-6217 Eugene J. Murret [email protected] Justice Sector Development Hon. Kathleen M. Salii Professor Samuel Estreicher Project, East-West Manage- Supreme Court of the Executive Co-Director ment Institute Republic of Palau (212) 998-6226 Hon. Dorothy W. Nelson Hon. Leonard B. Sand [email protected] U.S. Court of Appeals U.S. District Court for the for the Ninth Circuit Southern District of New York For information about our upcoming programs, membership, and the newsletter, please contact: Hon. P. Scott Neville Hon. Shira Ann Scheindlin Illinois Appellate Court for U.S. District Court for the Alison Kinney the First Judicial District Southern District of New York Program Coordinator The Dwight D. Opperman Institute of Judicial Administration Hon. James L. Oakes Hon. David Schuman New York University School of Law U.S. Court of Appeals for the Court of Appeals of Oregon Second Circuit 110 West Third Street, Room 209 C Hon. Randall T. Shepard New York, NY 10012 Hon. Darleen Ortega Supreme Court of Indiana Phone: (212) 998-6149 Court of Appeals of Oregon Fax: (212) 995-4036 Hon. Frank A. Shepherd [email protected] Court of Appeal of Florida for the Third District Dwight D. Opperman Institute of Judicial Administration New York University School of Law 110 West Third Street, Room 209C New York, NY 10012

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Hon. Anuradha Vaitheswaran IJA Community News Court of Appeals of Iowa Hon. William A. Van continued from page 9 In Memoriam Nortwick Jr. Seminar, who has been elected Chief Court of Appeal of Florida We regret to report the passing of the follow- Justice of the Iowa Supreme Court. Chief for the First District ing friends of the Institute: Justice Ternus, the first woman to serve as Glenn W. Bailey was a former Board Hon. E. Norman Veasey chief justice of Iowa’s highest court, said, Member and major donor to IJA. Mr. Bailey Supreme Court of Delaware “My paramount goal as chief justice will was founder and former Chairman of (Retired), Weil, Gotshal & be to support all of our judges and court Bairnco Corporation. His substantial en- Manges staff, for whom I have great respect and in dowment gift has helped to fund an ongo- whose work I take enormous pride, as we Hon. Gary R. Wade ing series of research conferences spon- work together to advance the important Court of Criminal Appeals sored by the Institute, as well as annual mission of Iowa’s state courts.” of Tennessee for the Eastern workshops focusing on employment law. We are proud to report that Hon. Gary Grand Division Hon. Robert L. Shevin, an alum of the R. Wade, who attended IJA Seminars 2002 Advanced Judges Seminar and an IJA Hon. J. Clifford Wallace in 1989 and 1993, during his time on the member, passed away in July. Judge Shevin U.S. Court of Appeals Tennessee Court of Criminal Appeals, has was appointed in 1996 to the Third District for the Ninth Circuit been appointed to the Tennessee Supreme Court of Appeal of Florida. Shevin was Court. Wade was named Appellate Judge Hon. William L. Waller Jr. known as a champion of consumer rights of the Year by the American Board of Trial Supreme Court of Mississippi and open government and, as a member of Advocates in 2004 and received the Judicial Hon. Peter D. Webster the Supreme Court Workload Commission Excellence Award from the Knoxville Bar Court of Appeal of Florida during his tenure as Florida Attorney Association in 2005. for the First District General, urged the Florida Legislature to We extend our congratulations and require unanimous or at least “super-ma- Hon. Barbara Byrd Wecker most grateful thanks for the leadership of jority” (9-3) votes before a death sentence Superior Court of New Jersey, Hon. Kimba M. Wood, now Chief Judge could be imposed. Appellate Division of the U.S. District Court for the Southern Hon. Max Rosenn, an alum of two District of New York, who retired from the Hon. Jack B. Weinstein Advanced Judges Seminars, in 1972 and IJA Board this year. IJA will miss the enthu- U.S. District Court for the 2001, passed away this year at the age of 96. siasm and hard work she put into our on- Eastern District of New York Said Dr. Tim Gilmour, president of Wilkes going projects. University, which has administered the Max Hon. Joseph R. Weisberger Rosenn Lecture in Law and Humanities Supreme Court of since 1980, “Judge Max Rosenn was a giant Rhode Island among us, whose magnificent and gener- Hon. Harvey Weissbard ous contributions to society over several Superior Court of New Jersey generations transcended time, place, dis- Appellate Division cipline, and culture.…It may simply be enough to say that in his time here on earth, Hon. Lawrence F. Winthrop he provided us an extraordinary example of Court of Appeals of Arizona, a compassionate life well lived.” Division One Please also see the Tribute to Edward R. Hon. Roger L. Wollman Becker on page 5. U.S. Court of Appeals for the Eighth Circuit

Hon. Bea Ann Smith Hon. Melvyn Tanenbaum Professor Timothy Terrell Hon. Diane P. Wood Court of Appeals of Texas Supreme Court of New York Emory University School U.S. Court of Appeals for the Third District State, Appellate Term, Second of Law for the Seventh Circuit Department Hon. Roscoe B. Hon. John A. Terry Hon. Jim T. Worthen Stephenson Jr. Hon. Richard B. Teitelman District of Columbia Court Court of Appeals of Texas Supreme Court of Virginia Supreme Court of Missouri of Appeals for the Twelfth District Hon. Robert J. Torres Hon. James R. Zazzali Supreme Court of Guam Supreme Court of New Jersey IJA Membership The Dwight D. Opperman Institute of Judicial Administration (IJA) thanks its members for their contributions, which help us to advance the quality of justice in our legal system. Because of IJA members’ support, IJA has offered an unrivaled opportunity for ongoing dialogue between the federal and state judiciary, policy makers, practitioners, academics, and students. IJA is a non-partisan, non-profit organization founded in 1952 at NYU School of Law by Chief Justice Arthur Vanderbilt, who outlined the following goals: • To promote coherence and predictability in the law and its administration • To develop high-quality continuing education programs for state and federal judges • To engage in sustained dialogue among the various sectors of the legal profession • To foster research on important public policy issues affecting the administration of justice The work of the Institute has become ever more critical with the proliferation of federal and state laws, the increasing tendency to resort to the courts to resolve wide-ranging private disputes and social problems, and the concomitant growth in the number of lawyers, courts, and adjudicative bureaucracies. In 2005, the Institute was renamed the Dwight D. Opperman Institute of Judicial Administration in recognition of Mr. Opperman, a long-time member of the Board of Directors. Mr. Opperman’s outstanding generosity and support have secured the Institute’s future as one of the nation’s leading nonpartisan institutions for the education of the judiciary. IJA relies on the energy and assistance of its friends to maintain its high standards of service and outreach. A large part of our resources is devoted to subsidizing the involvement of judges whose court budgets can no longer allow participation in continuing education programs. In order to meet the needs of our constituencies, we seek your interest, your involvement, and your support.

The Dwight D. Opperman Institute of Judicial Administration New York University School of Law 40 Washington Square South, Room 314 New York, NY 10012