Issue Number 7 Winter 2007-08 Trading Courtrooms for IJA Classrooms n July 8-13 the Institute welcomed forty-six new judges, the largest class yet, to the New Appellate Judges Seminar, a program for O state and federal judges with up to four years of experience on the appellate bench. Since the Seminar was first held in 1956, it has offered new appellate judges the op- portunity to explore current issues of sub- stantive law and the challenges unique to the appellate courts. Each year Professors Oscar G. Chase and Samuel Estreicher, IJA Executive Co-Directors, lead a resi- dent faculty composed of academics and experienced jurists, most of whom Deciding moot court case Hall St. Associates v. Mattel: Chief Justice Chase T. Rogers (Connecticut are themselves alumni of the Seminar ), Judge Cynthia Westcott Rice (Ohio Court of Appeals), Judge Margaret A. Ryan and members or Board members of the (U.S. Court of Appeals for the Armed Forces), and Judges Neil Gorsuch and Jerome A. Holmes (U.S. Court of Appeals for the Tenth Circuit) Institute. The Seminar is held in conjunc- tion with the ’s Louisiana, , Nevada, Ohio, South Court of Criminal Appeals; the U.S. Court orientation for new federal judges and Carolina, , Texas, , and of Appeals for the Armed Forces; and the in recent years has been conducted with Washington; the newly formed Supreme Nova Scotia Court of Appeal and Court of the generous support of West Group and Court of the Virgin Islands; the Court of Appeal for Saskatchewan, . Cravath, Swaine & Moore. Appeals of the Commonwealth of Puerto At the opening dinner, newly appointed This year judges came from the ap- Rico; the Cherokee Supreme Court, University Professor Arthur pellate courts of Arkansas, , Eastern Band of Cherokee Indians; the R. Miller delivered the keynote address Colorado, Connecticut, the District of U.S. Courts of Appeals for the Ninth and on the topic of judicial independence. Columbia, Florida, Hawaii, Iowa, , Tenth Circuits; the Navy-Marine Corps He described past political assaults by

In This Issue Chinese Judges Program 6 Summer Fellows 14 Judicial Independence 9 Board of Directors 16 Employment Law Workshop 3 Hon. Albert Rosenblatt 5 2007-08 Calendar 9 Members 16 Membership Meeting 5 Community News 10 Contact IJA 18 Brennan Lecture 7 Special Tribute 12 Membership Form 19 

Professor Arthur R. Miller

Congress and the White House, includ- ing the House of Representatives; the 1804 impeachment of Justice Samuel Chase, a Federalist, after his decision to hang John Fries for treason angered Jeffersonian Republicans; and Franklin Roosevelt’s Judiciary Reorganization Bill of 1937, which sought to pack the Court with politically allied justices. “It’s very easy for you to become paranoid about your independence,” he said. “And just because you’re paranoid doesn’t mean they’re not chasing you.” To date, however, the judicial branch has prevailed; Professor Miller cited the unanimous Supreme Court ruling in U.S. v. Nixon, which put limits on Top: Oral Argument: Sheila L. Birnbaum and J. Russell Jackson; Above: Seminar faculty Judge executive privilege, as evidence of the Diarmuid O’Scannlain (U.S. Court of Appeals for the Ninth Circuit), Judge Harriet Lansing judiciary’s fortitude. Professor Miller (Minnesota Court of Appeals), Chief Justice Randall T. Shepard ( Supreme Court), Judge Rosemary Barkett (U.S. Court of Appeals for the Eleventh Circuit), Justice Bea Ann Smith nonetheless urged vigilance: execu- (Third District Court of Appeals of Texas, retired), and Chief Justice Shirley S. Abrahamson tive reaching in the War on Terror, as () well as irresponsible media portrayals of judicial rulings as activist or anti- the Complex Mass Tort and Insurance for the Ninth Circuit), and Justice Bea family, threaten judicial independence. Group at Skadden, Arps, Slate, Meagher Ann Smith (retired, Court of Appeals According to Professor Miller, judges & Flom LLP, argue Hall St. Associates v. of Texas for the Third District). must be more visible and educate the Mattel with Skadden partner J. Russell After the oral argument and decision- public on their essential role as an Jackson. Following the argument the making, Dr. Isaiah M. Zimmerman of independent authority on the rule of student judges divided into panels to the Washington School of Psychiatry, law. “You judges with independence discuss and decide the case. The fac- a noted speaker on judicial collegial- properly employed represent the thin ulty bench then went through the same ity and group dynamics, led a discus- black robe that separates our civiliza- process in front of the entire group. sion on appellate decision-making tion from the jungle.” The panel of judges, presided by Judge processes as seen from the perspec- Every year the sessions on judicial (U.S. Court tive of group psychology. Discussion decision-making begin with a case of Appeals for the Sixth Circuit), in- participants included Judge Rosemary from the U.S. Supreme Court’s up- cluded IJA Board member Chief Justice Barkett (U.S. Court of Appeals for coming docket, which is argued in a Shirley S. Abrahamson (Supreme the Eleventh Circuit), Judge Harriet moot court by two members of a firm Court of Wisconsin), Justice Roderick Lansing (Minnesota Court of Appeals), represented on the IJA Board. This L. Ireland (Supreme Judicial Court Chief Justice Randall T. Shepard year, we were delighted to hear Board of Massachusetts), Judge Diarmuid (Supreme Court of Indiana), and member Sheila L. Birnbaum, head of O’Scannlain (U.S. Court of Appeals IJA Board Member Judge John M. 

Walker Jr. (senior judge and former Chief Judge, U.S. Court of Appeals for the Second Circuit). Other substantive sessions included Frontiers in Legal Research, by Judge Barkett, Stacy Slattery Richards (West Group), and NYU Law Librarians Gretchen Feltes and Annmarie Zell; Criminal Law with Judge John Gleeson (U.S. District Court for the Eastern District of New York) and NYU Law Professor Rachel Barkow; and the Craft of Judging, with the whole judicial faculty. Professor Timothy Terrell (Emory University School of Law) taught three engaging and popular sessions on Employment Law Workshop participants Opinion Writing, ending with a dialogue with Judge Daughtrey and Justice Smith. Judge Lansing, Chief Justice Shepard, and Professor Bruce A. Green (Fordham Federal Judges on Law School) presented and discussed several provocative hypos for Issues in Judicial Ethics. Judge O’Scannlain, Board member Judge Robert A. Katzmann the Cutting Edge of (U.S. Court of Appeals for the Second Circuit), and Professor William Eskridge (Yale Law School) engaged in a lively discussion of Statutory Interpretation. Employment Law Building on the keynote address, Chief Justice Abrahamson, Professor Chase, he tenth annual Workshop on Hon. Bernice B. Donald, a district Justice Ireland, Judge Walker, and Employment Law for judge for the Western District Deborah Goldberg (Director of the Judges took place on March 12- of Tennessee, Joseph D. Garrison of Democracy Program, Brennan Center 13, 2007. Sponsored jointly by Garrison, Levin-Epstein, Chimes & for Justice) discussed pressing issues in T the Institute, NYU’s Center for Labor Richardson, and Kathleen McKenna of judicial independence. and Employment Law, and the Federal Proskauer Rose opened the Workshop This year the Institute was pleased Judicial Center, this program provides with their discussion of case man- to invite NYU School of Law Professor the opportunity for federal judges to ex- agement issues, in particular pro se Norman Dorsen to give a lunch talk amine the labor and employment issues cases, summary judgment and technol- on U.S. Supreme Court Justices he that increasingly dominate their dockets. ogy. Acting as the panel’s moderator, has known. At a subsequent luncheon Since the program’s inception in Garrison offered his thoughts on case Professor Chase presented some of his 1998, the Workshop has aimed to bring management techniques and suggested original research on comparative deci- together experienced judges with prac- models of interrogation, requests for sion-making practices from his book, Law, titioners and academics to frame the production and protective orders. Culture, and Ritual: Disputing Systems in discussion around federal judges’ needs, The second panel, which included Cross-Cultural Context (see the article and to provide guidance and time for re- Hon. John G. Koeltl of the U.S. District on the book in IJA Report Issue 4, avail- framing issues, theories, and perceptions Court for the Southern District of able on the IJA Web site). Near the end about employment law cases. Forty-five New York, Anne L. Clark of Vladeck, of the Seminar the attendees and faculty federal judges from around the country Waldman, Elias & Engelhard, and attended a festive, relaxing dinner at the convened to discuss case management, Kenneth A. Margolis of Kauff, McClain & waterfront Water Club Restaurant. evidence issues, use of experts, elec- McGuire, discussed evidence issues and We look forward to welcoming the tronic discovery, labor law and ERISA the use of experts. The panel focused on attendees of next year’s New Appellate preemption, court-based/-annexed me- stray remarks, comparators, statistics, Judges Seminar on July 13-18, 2008. n diation of employment disputes, class direct evidence, prior bad acts, Rule 412, and collective actions, sex and racial dis- the use of mental health experts, econo- Reporting provided by the Law Magazine. crimination and jury instruction. mists and CPA’s on damages, “social 

Left: Electronic Discovery: Judge Denise L. Cote (U.S. District Court, S.D.N.Y.), Pearl Zuchlewski (Kraus & Zuchlewski), and Theodore O. Rogers Jr. (Sullivan & Cromwell); Right: Class and Collective Actions: Mark Dichter (Morgan Lewis & Bockius), Darnley Stewart (Bernstein Litowitz Berger & Grossman), and Judge (U.S. District Court, S.D.N.Y.)

framework” testimony and the use of only classes, nationwide classes, su- The Workshop’s final panel focused statistical proof of discrimination. pervising settlements, and class action on jury instructions, with the Hon. Electronic discovery was the topic of waivers in arbitration agreements were Frederick Block of the U.S. District the third panel. The Hon. Denise L. Cote, discussed in the Workshop’s fifth panel, Court for the Eastern District of New a district court judge for the Southern led by Southern District Judge Denny York, Robert L. Herbst of Beldock Levine District of New York, Theodore O. Chin, Mark Dichter from Morgan Lewis & Hoffman, and Zachary Fasman of Rogers Jr. of Sullivan & Cromwell and & Bockius, and Darnley Stewart of Paul, Hastings, Janofsky & Walker lead- Pearl Zuchlewski of Kraus & Zuchlewski Bernstein Litowitz Berger & Grossman. ing the panel. n focused their presentations on the im- The last panel of the day covered pact of new federal rules, the breadth court-based or -annexed mediation of of the problem of preservation duty, employment disputes. U.S. Court of Save the Date! microdata, sanctions, and the inadver- Appeals for the Southern District of New August 2008—New York, NY tent disclosure of privileged material. York Judge Loretta A. Preska, Donna Following the third panel, Frederick D. Malin of Johnson & Johnson, and Annual IJA Alumni Reunion and Braid of Holland & Knight introduced Wayne Outten of Outten & Golden led Meeting of the Members the program’s luncheon speaker, the this panel and rounded off the first day This meeting will be held at NYU Honorable Stuart J. Ishimaru, commis- of the Workshop. sioner of the U.S. Equal Employment The second day of the Workshop be- School of Law in conjunction with Opportunity Commission. gan with a discussion of recent develop- the ABA Annual Meeting. Willis Goldsmith of Jones Day and ments in sex and racial discrimination Invitations will be mailed to all Anton G. Hajjar of O’Donnell, Schwartz, cases. The Hon. Laura Taylor Swain, a alumni and members of IJA in early & Anderson discussed NLRA and ERISA district court judge for the Southern summer; we welcome additional preemption issues in the fourth panel District of New York, Mindy G. Farber members of the NYU School of of the Workshop. Goldsmith and Hajjar of Farber Legal, and Scott J. Wenner of focused their presentations on whether Schnader Harrison Segal & Lewis con- Law and judicial communities to New York and California’s so-called sidered stereotyping, adequacy of anti- join us. “neutrality” laws are preempted by the harassment policies, “disparate impact” We look forward to seeing you in federal labor law and whether ERISA challenges to subjective promotion deci- New York. preempts state laws requiring the provi- sion, family and medical leave, personal sion of health care insurance. liability of corporate officers, the scope Special issues in FLSA opt-in actions of §1981 actions, and third-party retali- and EEOC representative suits, issues- ation claims.  Hon. Albert Rosenblatt Visits as Judicial Fellow he Honorable Albert Rosenblatt Education Program in . is visiting NYU Law and the Judge Rosenblatt is an IJA member Dwight D. Opperman Institute and an alumnus of the 1993 Advanced of Judicial Administration as Appellate Judges Seminar. T a Judicial Fellow for the 2007-08 Judge Rosenblatt’s books include academic year. He is teaching the Historic Courthouses of the State of New State Courts and Appellate Advocacy York (with Julia Rosenblatt, 2007), The Seminar and working with the Judges of the New York Court of Appeals: Institute on its upcoming programs. A Biographical History (2007), and New Recently retired from the New York’s New Drug Laws and Sentencing that helped explain things.” These York State Court of Appeals, Judge Statutes (1973). He has been published cases touched on issues as diverse as Rosenblatt has had a distinguished ca- in the Albany Law Review, The New organ donation, worker safety, mater- reer as a New York York Law Journal, and the Washington nal rights, duty of innkeepers to guests, justice; an associate justice of the New University Law Quarterly, and has and termination of life support. York State Supreme Court’s Appellate served five times as an issue coeditor Judge Rosenblatt is currently counsel Division, Second Department; chief of the New York State Bar Journal with at McCabe & Mack in Poughkeepsie. He administrative judge of the New York New York State Chief Judge Judith S. is also president and a charter trustee State Courts; and both a county judge Kaye, an IJA Board member. of the Historical Society of the Courts and district attorney in Dutchess Looking back on the many cases he of the State of New York, as well as a County, New York. He was also a vis- has judged through the years, Judge fellow of the New York Bar Foundation. iting judge at the Rosenblatt says, “The ones I most en- He has judged moot court competitions, Trial Advocacy Workshop, a faculty joyed writing up were those in which served on various legal committees, member of the New York State Judicial I had to uncover the historical under- and received numerous awards. Judge Training Seminars, and a course pre- pinnings, in some instances back to Rosenblatt earned a J.D. from Harvard senter in the Newly Elected Judges common law or other historical origins Law School. n The U.S. Supreme Court’s Term in Review n August 13, 2007 in San Francisco, the Institute wel- comed friends at its annual membership meeting and O alumni reunion during the Annual Meeting of the American Bar Asso­ ciation. The breakfast meeting featured an exciting panel discussion, “A Review of the U.S. Supreme Court’s 2006-07 Term,” moderated by IJA Executive Co- Director, Professor Samuel Estreicher. Three distinguished Board members joined him on the panel: Donald B. Ayer of Jones Day; Peter Buscemi of Morgan Lewis & Bockius; and The Honorable Thomas R. Phillips of Baker Botts LLP, former Chief Justice of the . n Thomas R. Phillips, Peter Buscemi, Samuel Estreicher, and Donald B. Ayer 

Judges, Faculty, Guests, and Staff of the program Chinese Judges Explore the American Legal System

n July 28, 2007, twenty-four An unstated but implicit goal of the One visitor, an appellate judge, com- judges and judicial officials program was to provide the judges mented: “The [Second Circuit] Court from the People’s Republic with ideas and experiences that they of Appeals can finish four to five cases of China arrived in New York could think about and discuss among in one morning. I am really shocked by O for the 2007 Training and Education themselves and with their colleagues this efficiency. But I am also shocked Program for the Chinese Judiciary, in China. As Torrey Whitman, direc- that a case can easily take more than hosted by the Institute and con- tor of the program, observed, “After one year in the trial level. I guess it is ducted in association with the Temple spending a full two and a half weeks because of the difference between the University Beasley School of Law with the Chinese judges, I am confident U.S. and Chinese legal systems. The and the National Judicial College of they will share these thoughts when case load on Chinese courts is also very Beijing. The visiting judges completed they get home.” Realizing the limited heavy. As an appellate level judge, I a course of classroom seminars with applicability of black letter American learned a lot from the judges from the judges and professors, plus site visits law to the Chinese legal system, the Second Circuit...on how to be more ef- and meetings with New York jurists program faculty emphasized concepts ficient in our own legal system.” and lawyers. The program, the fifth underlying the American legal system, The Honorable John M. Walker Jr., of its kind sponsored by the Institute, and hosts of site visits were asked to former Chief Judge, now senior judge is part of an education effort linked to explain the application of systems and on the Second Circuit and an IJA reforms underway in the Chinese judi- procedures to the administration of Board member, welcomed the judges cial system. their courts and agencies. at the opening lunch, as he has done 

argument. The New York City Bar Association, together with the Asian- American Bar Association of New York and the NYCBA Committee on Foreign and Comparative Law, hosted a recep- tion for the judges. The participants were very favor- ably impressed both with the judicial officials they met during the site vis- its and with the willingness of those officials to devote so much time and to answer candidly and fully the par- ticipants’ questions. At the Red Hook Community Justice Center in , the nation’s first multi-jurisdictional community court, Presiding Judge Alex M. Calabrese, a justice of the New York Supreme Court, not only addressed the participants as a group but also joined IJA Executive Co-Director Oscar G. Chase, Assistant Judge Luan Jingjing of the them for lunch, so that he could per- Liaoning Shenyang Intermediate People’s Court, and Program Director Torrey L. Whitman sonally meet and talk with all of the participants. One judge remarked that for previous groups. IJA Executive Co- Many of the faculty taught their ses- this visit, a highlight of the program, Director Professor Samuel Estreicher sions in ways not dissimilar to graduate “totally connected with Chinese practice lectured on Administrative Law and seminars in U.S. law schools, giving hy- and situation.” n Specialty Courts, and with Michael pos and asking the participants for their Gray of Jones Day on Labor Law and reactions. Despite the pedagogical dif- the Role of Courts in Application and ferences with their own legal training, The 2008 Enforcement. Additional lecturers in- the judges were enthusiastic about the Brennan Lecture cluded NYU School of Law Professors give-and-take; one judge commented, Rachel Barkow (Sentencing and “I’m grateful for the chance of commu- We are delight- Incarceration), Frank Upham (Property nication in class. After these two weeks’ ed to announce Law), Geoffrey Miller (Judicial Ethics), experience, I had a deeper understand- that the next Holly Maguigan (Evidence), Jim ing of the U.S. legal system and its real distinguished jurist to deliver Jacobs (Criminal Procedure), Helen practice. I believe that what I learned the Brennan Scott (Corporate and Securities Law here will increase my competence as a Lecture will be and Enforcement), and Jerome Cohen judge, and will help the reform of our The Honorable (Comparative Criminal Procedure); Chinese legal system.” Michael A. Wolff, NYU School of Law Librarian Liz The site visits gave the Chinese judges Judge of the Supreme Court of Missouri, Evans (Information Technology); the opportunity to speak with Judge on February 20, 2008. James Sample of the Brennan Center Denny Chin (Southern District of New for Justice (Judicial Training, Election, York), Chief Judge Raymond J. Dearie Judge Wolff was appointed to the Selection, and Qualifications); JAMS (Eastern District of New York), and Supreme Court in 1998 and retained mediators Hon. Kathleen A. Roberts Justice Doris Ling-Cohan (New York in office at the 2000 general election; and Dina Jansenson (ADR); and Temple State Supreme Court), with the clerks of he was elected as Chief Justice for the term of July 2005 through June 2007. Law School’s Jeffrey Dunoff (World the courts, and with senior officials and Prior to his appointment, Judge Wolff Trade Organization Law). IJA Executive representatives of the New York County was Professor of Law at Saint Louis Co-Director Oscar G. Chase and Mr. District Attorney’s Office, the New York University School of Law, Chief Counsel Whitman worked with the judges to State Advisory Committee on Judicial to Governor Mel Carnahan, and a law prepare and discuss evaluative essays Ethics, the New York State Office of clerk to U.S. District Judge Miles W. Lord at the end of the program. During their Court Administration, the New York in Minneapolis. visit the judges were accompanied by Mr. State Commission on Judicial Conduct, Whitman and three interpreters cho- and the Jones Day law firm. The U.S. We invite all IJA members and alumni sen from among NYU School of Law’s Court of Appeals for the Second Circuit to attend. LL.M. graduates. welcomed the judges to attend an oral  New Appellate Judges Seminar We are delighted to share these additional moments from this summer’s program.

Right: Seminar faculty member Dr. Isaiah M. Zimmerman

Below: Seminar attendees, faculty and staff, and IJA Summer Fellows

Bottom, left: Seminar faculty members Judges John M. Walker Jr. and Robert A. Katzmann, first and third from left (both U.S. Court of Appeals for the Second Circuit) talk with Chief Justice Michael MacDonald (Nova Scotia Court of Appeal), second from left, and Judge Craig H. Nakamura (Court of Appeals of Hawaii), right.

Bottom, right: Seminar faculty member Judge Martha Craig Daughtrey (U.S. Court of Appeals for the Sixth Circuit), center, chats with Justice Diane M. Henson (Third District Court of Appeals of Texas) and Judge Phyllis D. Thompson (District of Columbia Court of Appeals).  Judicial Independence in New York n June 14 the Institute In the afternoon, after an address by of the 1993 New Judges Seminar), and hosted “Protecting Judicial Hon. Francis T. Murphy (former Presiding Hon. Robert D. Sack (U.S. Court of Independence: What Judges Justice of the New York Supreme Court, Appeals for the Second Circuit, alumnus and the Bar Association Can Appellate Division, First Department), of the 1998 New Judges Seminar). O Do,” a day-long conference co-spon- the attendees divided into breakout The conference concluded by recon- sored by the New York County Lawyers’ groups on “The Commission on Judicial vening the participants, recapping the Association (NYCLA) Task Force on Conduct: Ensuring Judicial Integrity breakout discussions, and making rec- Judicial Independence. The Task Force is or Intruding on Judicial Independence,” ommendations to the NYCLA. chaired by Hon. Betty Weinberg Ellerin and “Responding to Attacks on Judicial Since then, Professor Chase, with the (former Deputy Chief Administrative Independence,” moderated by Judge support of the Institute, has been col- Judge of the New York City Courts and Shira Ann Scheindlin (U.S. District laborating with NYCLA on a compre- former presiding Judge of the New York Court for the Southern District of New hensive study of judicial independence Supreme Court, Appellate Division, First York) and featuring Hon. Joette Katz in New York. We look forward to seeing Department) and Norman L. Reimer Esq. (Supreme Court of Connecticut, alumna the results in 2008. n (President of the National Association of Criminal Defense Lawyers). The conference convened judges, practitioners, and media figures to dis- Calendar of Events cuss the increasing pressures on, and at- For more information on upcoming events, please visit our Web site at tacks against, the independence of the www.law.nyu.edu/institutes/judicial. judiciary. After the welcome from the Task Force co-chairs, Professor Oscar G. February 20, 2008 Chase, IJA Executive Co-Director, intro- Fourteenth Annual Justice William J. Brennan Jr. duced a special video presentation by Lecture on State Courts and Social Justice Justice Sandra Day O’Connor. Justice The Honorable Michael A. Wolff, Supreme Court of Missouri O’Connor recorded this presentation This lecture series honors the state judiciary as the bedrock of justice under law in to welcome the conference participants the . We invite all alumni and members to attend. and to highlight the urgency of the topic. She gave an overview of the his- March 18-19, 2008 tory of attacks on judicial independence Eleventh Annual Workshop on Employment Law for Federal Judges and urged the conference participants Co-sponsored by the Federal Judicial Center and the NYU School of Law Center to seek solutions. for Labor and Employment Law. Interested applicants should contact the FJC. Catherine A. Christian, NYCLA President, introduced the Hon. George April 10-11, 2008 Bundy Smith (former judge, New York Access to Justice Working Group Meeting State Court of Appeals, now a partner at Chadbourne & Park LLP, and an July 13-18, 2008 alumnus of the 1987, 1993, and 1998 IJA New Appellate Judges Seminar Appellate Judges Seminars), who deliv- Co-sponsored by the FJC. For state and federal judges with up to four years of expe- ered the keynote address. rience on the appellate bench can apply to the Seminar. Following Judge Smith’s address Summer 2008 were plenary panels on media and ad- Sixth Annual Training and Education Program for Judges of the PRC ministrative pressures and pressures from institutional players on judicial August 2008 in New York independence, bringing together re- “A Review of the U.S. Supreme Court’s 2007-08 Term” porters from The New York Times and A panel discussion at the IJA Alumni Reunion and Meeting of the Members, in con- the Associated Press; judges of the New junction with the ABA Annual Meeting York State courts and the U.S. District Court for the Southern District of New 2008-2009 York; and leaders of state agencies and Research Conferences on Domestic and International Access to Justice judicial associations. 10

IJA Community News We welcome news updates from our Faculty of Law and Senshu University), issues and developments in labor law Board, members, program alumni, and Vincenzo Varano (University of of which U.S. labor lawyers need to Fellows. Please mail or fax us your news Florence), and Adrian Zuckerman keep abreast in today’s increasingly for inclusion in the next newsletter. (University of Oxford). Professors integrated world economy. Professor Chase and Hershkoff are also the Estreicher has also edited, with U.C. We congratulate Hon. Don Beatty on General Editors of this volume, which Berkeley School of Law Professor his elevation from Judge of the South presents materials that expose stu- Gillian Lester, Employment Law Stories Carolina Court of Appeals to Justice of dents, scholars, lawyers, and judges to (Thomson West, 2007), a collection of the Supreme Court of South Carolina. the varieties of process encountered nine stories that capture a critical mo- He was sworn in this September, soon in the world’s procedural systems. ment in employment law, the late-20th after his attendance at this year’s New century period of ferment in the orga- Appellate Judges Seminar. Evan R. Chesler, IJA President and nization of production and the nature Presiding Partner of Cravath, Swaine of workplace relations. The recipients of the 2007 Margaret & Moore LLP, was honored by the Anti- Brent Women Lawyers of Achievement Defamation League (ADL) with the 2007 Congratulations to Hon. Harry T. Awards included Hon. Marsha S. ADL Human Relations Award. The award Edwards, an IJA Board member and Berzon of the U.S. Court of Appeals honors individuals who have helped judge of the U.S. Court of Appeals for for the Ninth Circuit and Hon. Irma turn justice, equality, and human- the D.C. Circuit, on the publication of S. Raker of the Court of Appeals of ity into meaningful realities. Said David Federal Standards of Review: Review Maryland. The award, established Hershberg, Chair of the ADL’s New York of District Court Decisions and Agency in 1991 by the ABA Commission on Regional Board, “Evan is an outstanding Actions, a comprehensive explana- Women in the Profession, celebrates individual, and his efforts to promote tion of the standards (2007, Thomson- the accomplishments of women better human relations are a model for West). Judge Edwards, who is also a lawyers who have excelled in their others to emulate. I have known Evan Visiting Professor of Law at NYU Law, field and have paved the way to suc- for years, and I congratulate him for his co-authored the book with Linda cess for other women lawyers. Both exemplary achievements in promoting A. Elliot, Special Counsel to Judge judges have been participants in the a more tolerant and diverse workplace.” Edwards and adjunct professor at Institute’s Appellate Judges Seminars, NYU Law. Judge Berzon as a member of the fac- IJA Member Hon. Gordon L. Doerfer ulty in 2006, and Judge Raker as an at- was elected President-Elect of the IJA Member and Seminar alumnus tendee in 1994 and 2005. American Judicature Society in August. (1994) and faculty member (1998- A former judge of the Massachusetts 2000) Hon. Craig T. Enoch received Former president of the American Appeals Court, Judge Doerfer is pursu- Southern Methodist University’s 2006 Academy of Appellate Lawyers and ing a post-judicial career as a private Distinguished Alumni Award. Justice IJA member Charles E. Carpenter mediator and arbitrator. Said Appeals Enoch’s judicial career spanned all Jr. announces that he has started Court Chief Justice Phillip Rapoza, three levels of the Texas court sys- a niche firm doing appellate work, “The election of Justice Doerfer to this tem: eleven years on the Supreme Carpenter Appeals & Trial Support important position is the capstone of Court of Texas, Chief Justice of the LLC in Columbia, South Carolina. an impressive judicial career. He is an Fifth District Court of Appeals, and Congratulations, Mr. Carpenter! exceptional judge, and I know that he Presiding Judge of the 101st District will be instrumental in helping the Court. Justice Enoch retired from the We are pleased to announce the pub- American Judicature Society to ad- Supreme Court in 2003 and is now lication by Thomson West of Civil vance its important mission.” chair of the Appellate Practice Group Litigation in Comparative Context, at Winstead PC. by IJA Executive Co-Director and We congratulate IJA Executive Co- NYU Law Professor Oscar G. Chase, Director and NYU Law Professor Hon. Ronald M. George, Chief Justice IJA Board member and NYU Law Samuel Estreicher on his book Global of the Supreme Court of California, Professor Linda Silberman, and Issues in Labor Law, published by was selected as the winner of the 2007 Professors Helen Hershkoff (NYU Law), Thomson West as part of the Global John Marshall Award by the American Yasuhei Taniguchi (Kyoto University Issues Series. The book focuses on the (continued on the next page) 11

IJA Community News Bar Association Justice Center. The Task Force on the Code of Judicial Hon. Patrick Sullivan, an alumnus award recognizes individuals who Conduct and is currently writing a of the 1970 Seminar, has retired from are dedicated to the improvement book on professionalism. the Indiana Court of Appeals. Judge of the administration of justice. Chief Sullivan was the longest-serving judge Justice George delivered the Eleventh 1967 Appellate Judges Seminar at- in the Court’s history. During his ten- Annual Brennan Lecture on State tendee Hon. Robert Lavender, the ure there he also taught as an Adjunct Courts and Social Justice at NYU Law, longest serving justice in the history of Professor at the Indiana University titled Challenges Facing an Independent the , retired School of Law at , as a Judiciary; the Lecture is available on in August after forty-two years of ser- Lecturer on law and social policy at the Web site of the NYU Law Review. vice. Said current Chief Justice James Indiana University Purdue University Winchester, “Justice Lavender has at Indianapolis, and on American dip- 1987 New Appellate Judges Seminar served the state well, devoting more lomatic history at Indiana University. participant Hon. Bert Goolsby is serv- than half of his life to the Supreme Judge Sullivan is continuing to serve ing as an active retired judge following Court. As the senior member of the the Court as a senior judge. his retirement from the South Carolina court, his wisdom and experience have Court of Appeals. Judge Goolsby was provided leadership for many years. IJA Member and participant in the among the original members of the He will be missed by all.” 2002 New Judges Seminar Hon. James Court when it was first created twenty- R. Zazzali has completed his term as three years ago. We congratulate Hon. Kathleen E. Chief Justice of the Supreme Court of O’Leary, an alumna of the 2000 New New Jersey and stepped down in man- Hon. Elizabeth B. Lacy has retired Appellate Judges Seminar and justice datory retirement. Chief Justice Zazzali from active service on the Supreme of the Court of Appeal of California, has now rejoined the firm his father Court of Virginia. Justice Lacy, who was Fourth Appellate District, Division founded, Zazzali, Fagella, Nowak, appointed in 1989, was the Court’s lon- Three, who was selected as a win- Kleinbaum & Friedman, and also joined gest serving member as well as the first ner of the 2007 Benjamin Aranda III Gibbons P.C. as of Counsel. woman on the court. In her letter to Access to Justice Award. The award, Governor Timothy M. Kaine, she wrote, co-sponsored by the California “Serving as a member of the Supreme Commission on Access to Justice, the Departures Court for the past 19 years has been a Judicial Council, the state bar, and the particular honor, and, although retired, California Judges Association, hon- We extend our deepest gratitude for I hope to continue to contribute to ors a trial judge or appellate justice the many years of service by Hon. Rya the work of the court as a senior jus- whose activities demonstrate a long- W. Zobel, judge of the U.S. District tice.” Justice Lacy participated in the term commitment to improving ac- Court for the District of Massachusetts, Institute’s Senior and New Appellate cess to justice. whose service on the Institute’s Board Judges Seminars in 1989, 1992, and of Directors ended this fall. Judge Zobel 1993, first as an attendee and then as a 1989 Advanced Judges Seminar par- was among the most senior members member of the program faculty. ticipant Hon. Robert E. Rose, former of the Board, and the Institute will Chief Justice of the Supreme Court greatly miss her leadership. Congratulations to Hon. Douglas S. of Nevada, has retired and assumed Lang of the Texas Fifth District Court the status of Senior Justice. Hon. A. Program Coordinator Alison Kinney of Appeals, who was selected to re- William Maupin, the new Chief Justice will leave the Institute on January 31 with ceive the 2007 Lola Wright Foundation and alumnus of the 1998 New Judges wonderful memories of colleagues and Award from the Texas Bar Foundation. Seminar, said of Justice Rose, a reform- of the judges she has met over the past The award is presented in recogni- er who worked with colleagues to cre- eight years, not to mention the judicial tion for outstanding public service in ate a uniform court system in Nevada, assistants who have helped her along advancing and enhancing legal eth- “Our bar is as good as it’s ever been, the way. Alison is taking time off to ics in Texas. Justice Lang, a member largely because of him. And the bench write her second novel. Professors Chase of the Institute and alumnus of the in this state is as good as it’s ever been and Estreicher thank her profusely 2004 New Appellate Judges Seminar, because of his vision.” for her service to the Institute. serves on the Texas Supreme Court 12 Remembering Friends of IJA

The Honorable James L. Oakes was a Judge of the U.S. Court of Appeals for the Second Circuit for 35 years and Chief Judge from 1988-1992, assuming senior status in 1992. He was a long-time member of the Institute. We are honored to share this tribute from Professor Norman Dorsen.

i have always thought of james would reject the position of the Nixon and legislative reapportionment, re- Oakes as the complete judge, the per- Justice Department. But when I later got flected his view of common humanity. fect model for new judges to emulate. to know him I learned that Jim’s deepest He was especially devoted to protect- I first saw Jim during the oral argu- commitment was to “individualism and ing the environment. ment before the Second Circuit in the individual rights” as a reflection of what The sources of a judge’s philosophy Pentagon Papers case, which I argued he called our “common humanity.” are always a little mysterious, but amicus curiae. When he eventually Accordingly, his opinions, on a among the influences on Jim were his voted to uphold the First Amendment wide range of issues, including sex clerkship with Harrie Brigham Chase, rights of the New York Times, I was a discrimination, due process in crimi- ’s first judge on the Second little surprised that a Nixon appointee nal cases, the rights of immigrants, Circuit, and some of his cases in

In Memoriam

We regret to report the passing of the Hon. Donald P. Lay, judge of the U.S. In June Hon. John S. W. Lim, judge following friends of the Institute: Court of Appeals for the Eighth Circuit of the Intermediate Court of Appeals (Chief Judge from 1980-82), passed of Hawaii, passed away. Hawaii Chief Hon. Paul Boland, a justice of the away in April. Judge Lay was an alum- Justice Ronald T.Y. Moon said of Judge Court of Appeal of California for the nus of the Institute’s Seminars in 1967, Lim, who participated in the 2000 New Second Appellate District, Division one year after his appointment to the Judges Seminar, “We are devastated Eight, passed away in September. Court, and again in 2001. 2007 Federal by the loss of such a young, intelligent, Justice Boland was an enthusiastic IJA Judges Workshop participant Hon. hard-working, and dedicated jurist.” member and an alumnus of the 2003 Robert W. Pratt, Chief Judge of the U.S. New Appellate Judges Seminar. Justice District Court for the Southern District This past September flags were flown Boland served as a judge for twenty- of Iowa, spoke of Judge Lay as being at half-staff in honor of Hon. Pamela six years on the appellate and Superior “among the last of the unapologetic B. Minzner, senior justice and former Court benches. Chief Justice Ronald liberals who believed deeply in the Chief Justice of the Supreme Court of M. George honored his memory with Warren Court revolution and saw the New Mexico. Justice Minzner, an at- a special presentation of the Stanley federal courts as the protector of civil tendee of the 1985 and 1998 New and light Mosk Defender of Justice Award for his and equal rights.” Advanced Appellate Judges Seminars, many contributions to the California was the first woman elected by her col- donna court system. leagues to the position of Chief Justice / on the Supreme Court. photo

ap 13

private practice, including his suc- Vermont Law School, one of his clerks, life, and his friendships, which were cessful defense of a local postmistress unanimously “found the experience... deep and many. against McCarthy-type charges. to be one of the highlights of our lives.” The larger community as well as the Despite deep commitment to his This devotion stemmed not only from law has lost an exemplary figure in values, Jim was always willing to Jim’s intellectual prowess, but from his James Oakes. n rethink an issue, and he valued Justice warmth and exhilaration, which Holmes’s comment that “To...doubt energized everyone around him. Norman Dorsen is Frederick I. and Grace one’s own principles is the mark of a These qualities were also evident in A. Stokes Professor of Law and Counselor civilized man.” his personal life, where his interests to the President of New York University. Another such mark for a judge is were broad—among others, garden- From 1976-1991 he was president of the the opinion of his law clerks. They, in ing, thoroughbred racing and art, to American Civil Liberties Union. He is the the words of Dean Geoffrey Shields of which Mara introduced him in later author or editor of nine books.

The Institute cherishes the memory of its friendship with The Honorable Thomas J. Meskill with a tribute by his colleague on the U.S. Court of Appeals for the Second Circuit, the Honorable John M. Walker Jr.

with the passing of judge thomas Second Circuit (with whom he would J. Meskill at age 79, the Second Circuit later sit on panels). Tom took it all in Court of Appeals has lost an exceptional stride and, after joining the court at judge and his colleagues have lost a age 47 and without bearing the slightest dear friend. grudge, he simply proved his former Tom was a judicial craftsman. His critics wrong. A first-rate lawyer and a he stayed when he was sitting in New straightforward, balanced opinions highly intelligent, careful, analytical York. He found amusement in the vicis- said what was needed to be said and thinker, he was very much at home on situdes of life and the foibles of people, no more. He had a deep understand- the bench. At oral argument he was un- remained interested in politics and ing of the law’s mission: he saw the failingly courteous. And he never asked loved golf. After serving as the Court’s law not as a set of problem-solving questions to prove a point or to show Chief Judge in 1992 and 1993, Tom took exercises, but as the calibrated means off, but only to gain a deeper under- senior status. He continued working for ordering disparate and compet- standing of the case. Very soon the very at a high level, however, while find- ing interests in the complexities of bar groups that had opposed him were ing more time for his family. Although the real world. His jurisprudence praising him. afflicted with a serious blood disease was shaped by his strong belief in the As fine a judge as Tom was, he was in his later years, Tom labored steadily limited, but critical, role a judge plays an even finer man. His rock-solid until he died on October 29. in our constitutional and federalized integrity had its roots in New Britain, Every judge on our Court loved and system. He was a quintessential judi- Connecticut, where, even after he respected Tom. All of us are very proud cial conservative. had been Governor of the State and to have served with him. n At the time Tom Meskill was con- appointed to the Second Circuit, he firmed as a federal appellate judge in was still referred to as “Mayor.” Tom Hon. John M. Walker Jr. is a Senior 1975, the conventional wisdom held and Mary, his beloved wife of 52 years, Judge on the U.S. Court of Appeals for that, because he had spent much of his raised a large family of five children the Second Circuit. He served as Chief life in Connecticut politics, as Mayor of and numerous grandchildren. Tom was Judge from 2000-2006. Judge Walker New Britain (1962-1964), Congressman a selfless man of deep religious convic- is an adjunct professor at NYU School

press (1967-1971) and Governor (1971- 1975), tions without an ego, who had an easy, of Law, a visiting lecturer at Yale Law

he was unsuited to the bench. Major bar friendly manner with people, whether School, and an IJA Board member and groups publicly opposed his nomina- they were leaders in business or govern- member of the New Appellate Judges

associated tion, as did the then-Chief Judge of the ment or the staff at the Yale Club where Seminar teaching faculty. 14

IJA Summer Fellows Update

Every year since 1996, the Institute has selected top-notch first-year students for its Summer 1998 Fellows Fellows program. The fellowship, a full-time summer commitment, integrates an intensive note-writing experience with research and administrative responsibilities for the New Ap- Christopher J. Garofalo: Hon. pellate Judges Seminar. We are proud to report the latest news from our former Fellows: Leonard Sand, U.S. District Court for the Southern District of New Next year 2006 Fellow Tracy J. Chin will New York, 2004 Fellow Ari MacKinnon York; Hon. Diarmuid O’Scannlain, be clerking for Judge Eric N. Vitaliano of has now begun another clerkship with U.S. Court of Appeals for the Ninth the U.S. District Court for the Eastern Dis- Judge Bruce M. Selya of the U.S. Court of Circuit trict of New York. Appeals for the First Circuit. Lauryn Powers Gouldin: Hon. Kara J. Ervin, a 2005 Fellow, is currently 2006 Fellow Michael Petrocelli will be Chester Straub, U.S. Court of clerking for Justice Robert D. Rucker of the clerking for Senior Judge Wilfred Fein- Appeals for the Second Circuit Supreme Court of Indiana. Justice Rucker berg of the U.S. Court of Appeals for was a participant in the 1994 New Appel- the Second Circuit during 2008-2009. 1999 Fellows late Judges Seminar. Judge Feinberg is a long-time and cur- rent member of the Institute. Margaret Hayes Lemos: Hon. 2006 Fellow Allegra Glashausser will be Kenneth Lipez, U.S. Court of clerking for Judge Rosemary S. Pooler of 2005 Fellow Kimberly L. Steefel is now Appeals for the First Circuit; Hon. the U.S. Court of Appeals for the Second working at Paul, Weiss, Rifkind, Wharton John Paul Stevens, Supreme Court Circuit in 2009. Judge Pooler is an IJA mem- & Garrison LLP. of the United States ber, an alumna of the 1998 New Appellate Judges Seminar and 2001 Advanced Judg- Joel Lance Thollander: Hon. Craig es Seminar, and a former faculty member IJA Summer Fellow Enoch, Supreme Court of Texas of the New Judges Seminar. Clerkship Update 2000 Fellows Next fall David A. Herman (2005 Fel- low) will be clerking for Judge Carol 1996 Fellows Brian Hochleutner: Hon. Dennis Bagley Amon of the U.S. District Court Jacobs, U.S. Court of Appeals for the for the Eastern District of New York. Da- Sarah R. Cebik: Hon. Murray Schwartz, Second Circuit vid is currently working as a litigation as- U.S. District Court for the District of sociate at Cravath, Swaine & Moore LLP. William McGeveran: Hon. Sandra Judge Amon has participated as a faculty Lynch, U.S. Court of Appeals for the member in the Institute’s New Appellate Jeffrey M. Hirsch: Hon. Robert Beezer, First Circuit Judges Seminars. U.S. Court of Appeals for the Ninth Cir- cuit; Hon. H. Robert Mayer, U.S. Court Parvin D. Moyne: Hon. Dennis 2006 Fellow Brian D. Johnston has ac- of Appeals for the Federal Circuit Jacobs, U.S. Court of Appeals for the cepted a 2009 clerkship with Judge Nich- Second Circuit olas G. Garaufis of the U.S. District Court for 1997 Fellows the Eastern District of New York, an alum- Shirley S. Park: Hon. Arthur nus of the 2003 Advanced Judges Semi- Melanie Hochberg Giger: Hon. Lo- Gajarsa, U.S. Court of Appeals for nar. Following graduation and until the retta Preska, U.S. District Court for the the Federal Circuit clerkship begins Brian will work at Sulli- Southern District of New York van & Cromwell. 2001 Fellows Anjli Garg Pero: Hon. Theodore Joshua Kaplan (2005 Fellow) is now McKee, U.S. Court of Appeals for Yohance C. Edwards: Hon. working at Davis, Polk & Wardwell. the Third Circuit Margaret McKeown, U.S. Court of Appeals for the Ninth Circuit Having completed his clerkship for Se- Kieran P. Ringgenberg: Hon. Pasco nior Judge Shirley Wohl Kram on the U.S. Bowman, U.S. Court of Appeals for (continued on the next page) District Court for the Southern District of the Eighth Circuit 15

IJA Summer Fellows Update

Jessica Kayle Fried: Hon. Carol Elliot Greenfield: Hon. Victor 2005 Fellows Bagley Amon, U.S. District Court for Marrero, U.S. District Court for the the Eastern District of New York Southern District of New York David A. Herman: Hon. Carol Bagley Amon, U.S. District Court for the Jennifer G. Presto: Hon. Lawrence Lindsay (Traylor) Braunig: Hon. Eastern District of New York McKenna, U.S. District Court for the Stephen Wilson, U.S. District Court Southern District of New York for the Central District of California Kara J. Ervin: Hon. Robert D. Rucker, Supreme Court of Indiana Robert Alexander Schwartz: Hon. 2004 Fellows Amalya Kearse, U.S. Court of Appeals 2006 Fellows for the Second Circuit Jason W.H. Burge: Hon. Jerry E. Smith, U.S. Court of Appeals for the Tracy J. Chin: Hon. Eric N. Vitaliano, 2002 Fellows Fifth Circuit U.S. District Court for the Eastern District of New York Matthew B. Larsen: Hon. Wilfred Ari D. MacKinnon: Hon. Shirley Feinberg, U.S. Court of Appeals for Wohl Kram, U.S. District Court for the Allegra Glashausser: Hon. the Second Circuit Southern District of New York; Hon. Rosemary S. Pooler, U.S. Court of Bruce M. Selya of the U.S. Court of Appeals for the Second Circuit Kimberly C. Spiering: Hon. Mary Appeals for the First Circuit Mullarkey, Supreme Court of Brian D. Johnston: Hon. Nicholas Colorado Lee M. Pollack: Hon. Robert S. G. Garaufis, U.S. District Court for the Smith, Court of Appeals of the State Eastern District of New York James A. Worth: Hon. Pauline of New York Newman, U.S. Court of Appeals for Michael Petrocelli: Hon. Wilfred the Federal Circuit Teddy Rave: Hon Leonard B. Sand, Feinberg, U.S. Court of Appeals for U.S. District Court for the Southern the Second Circuit 2003 Fellows District of New York; Hon. Robert A. Katzmann, U.S. Court of Appeals for Kristina Daugirdas: Hon. Stephen the Second Circuit Williams, U.S. Court of Appeals for the D.C. Circuit

Save the Date! July 13–18, 2008

New Appellate Judges Seminar

Judges with up to four years of experience on the appellate bench can apply to this Seminar.

Please visit our Web site at www. law.nyu.edu/institutes/judicial/ programs/2008/new to download the application materials. And please apply early because the waiting list is already long.

Thank you. Professor Samuel Estreicher with 2007 IJA Summer Fellows Amanda Bakale and Miriam Gedwiser at the New Appellate Judges Seminar opening reception. 16

Paul T. Cappuccio Esq. Stephen M. Shapiro Esq. Charles E. Clark IJA Board Executive Vice President Mayer Brown Rowe Sustaining Members of Directors and General Counsel, & Maw, LLP Professor Drew S. Days III Time Warner Inc. Yale Law School Linda J. Silberman Michael V. Ciresi Esq. Martin Lipton Professor of Kenneth R. Feinberg Esq. Robins, Kaplan, Miller Law, NYU School of Law The Feinberg Group, LLP & Ciresi, LLP Hon. Kenneth W. Starr Hon. Paul D. Clement President Emeritus John J. Parker (ex-officio) Dean, Pepperdine University Contributing Members Solicitor General of the School of Law Michael A. Cooper Esq. United States Sullivan & Cromwell President Hon. John M. Walker Jr. Evan R. Chesler Esq. Professor Walter E. U.S. Court of Appeals Hon. Warren R. King Presiding Partner, Dellinger III for the Second Circuit District of Columbia Court of Cravath, Swaine & Moore, LLP Duke University School Appeals Kelly R. Welsh Esq. of Law and O’Melveny President Emeritus Hon. Mary Hannah Leavitt & Myers, LLP Executive Vice President Commonwealth Court of Hon. Harry T. Edwards and General Counsel, Pennsylvania U.S. Court of Appeals for the The Northern Trust Company Hon. Steven H. Levinson District of Columbia Circuit Diane L. Zimmerman Hon. Robert A. Katzmann Samuel Tilden Professor Michael J. Moroney Esq. U.S. Court of Appeals of Law, NYU School of Law Consul General, Republic of Vice President and for the Second Circuit Executive Co-Director Palau Hon. Judith S. Kaye Samuel Estreicher 2006-07 Hon. Frank E. Sullivan Jr. Chief Judge, Court of Appeals Dwight D. Opperman Supreme Court of Indiana Professor of Law, of the State of New York Members NYU School of Law Thomas C. Leighton Esq. Life Members Regular Membership Vice President, Litigator Hon. Marc T. Amy Hon. Russell A. Anderson Content Center, West Group Court of Appeal of of Minnesota Martin Lipton Esq. for the Third Circuit Hon. Rex Armstrong Wachtell, Lipton, Rosen & Katz Hon. Maurice A. Hartnett III Court of Appeals of Oregon Theodore B. Olson Esq. Supreme Court of Delaware Hon. Nancy Friedman Atlas Gibson, Dunn & Crutcher, LLP Hon. Thomas Homer U.S. District Court for the Appellate Court of Illinois Secretary and Dwight D. Opperman Esq. Southern District of Texas Chair, Key Investment, Inc. for the Third District Executive Co-Director Hon. John Gatch Baker Oscar G. Chase Carter G. Phillips Esq. Hon. Stewart G. Pollock Court of Appeals of Indiana Russell D. Niles Professor Sidley Austin LLP Supreme Court of New Jersey Hon. James E. Barrett of Law, NYU School of Law (Retired) and Riker, Danzig, Hon. Thomas R. Phillips Scherer, Hyland & Perretti U.S. Court of Appeals for the Hon. Shirley S. Abrahamson Baker Botts, LLP Tenth Circuit (former Chief Justice, Hon. Abraham D. Sofaer Chief Justice, Supreme Court Hon. Carlos T. Bea Supreme Court of Texas) The Hoover Institution of Wisconsin U.S. Court of Appeals for the Hon. Herman J. Weber Jr. Donald B. Ayer Esq. Richard L. Revesz Ninth Circuit Dean and Lawrence U.S. District Court for the Jones Day Hon. Carol A. Beier King Professor of Law, Southern District of Ohio Sheila L. Birnbaum Esq. Supreme Court of Kansas NYU School of Law Hon. William H. Webster Skadden, Arps, Slate, Hon. Charles M. Bleil Hon. Barbara J. Rothstein President Emeritus Meagher & Flom, LLP U.S. District Court for the (ex officio) Millbank, Tweed, Hadley Northern District of Texas Peter Buscemi Esq. Director, Federal Judicial & McCloy Morgan Lewis & Bockius LLP Center 17

Hon. Lois S. Bloom Hon. Craig T. Enoch Hon. Diane M. Henson William H. Levit Jr., Esq. U.S. District Court for the Supreme Court of Texas Third District Court of Appeals Godfrey & Kahn, S.C. Eastern District of New York (Retired), Winstead, Sechrest of Texas Hon. Allen M. Linden & Minick Hon. Theodore R. Boehm Federal Court of Appeal, Hon. Andrew J. Higgins Supreme Court of Indiana Hon. Robinson O. Everett Canada Supreme Court of Missouri U.S. Court of Military Appeals Charles E. Carpenter Jr., Esq. (Retired) Hon. Edwin Lombard (Retired), Duke University Law Carpenter Appeals & Trial Court of Appeal of Louisiana School Hon. Gregory J. Hobbs Jr. Support LLC for the Fourth Circuit Supreme Court of Colorado Hon. Mike Fain Hon. William B. Cassel Hon. Joseph K. McKay Court of Appeals of Ohio Hon. Jerome A. Holmes Nebraska Court of Appeals Supreme Court of U.S. Court of Appeals for the Hon. Wilfred Feinberg New York State Hon. Richard R. Clifton Tenth Circuit U.S. Court of Appeals for the U.S. Court of Appeals for the Hon. Vincent L. McKusick Second Circuit Hon. Raymond J. Ikola Ninth Circuit Supreme Court of Maine Court of Appeal of California Hon. Lance G. Finch (Retired), Pierce Atwood Hon. James Gardner Colins for the Fourth District Court of Appeals of British Commonwealth Court of Hon. M. Blane Michael Columbia, Canada Hon. Annabelle Clinton Pennsylvania U.S. Court of Appeals for Imber Hon. John R. Fisher the Fourth Circuit Hon. Eleanore A. Cronk Supreme Court of Arkansas District of Columbia Court Court of Appeal for , Hon. John D. Minton Jr. of Appeals Hon. Roderick L. Ireland Canada Supreme Court of Kentucky Supreme Judicial Court of Hon. Alexa D. M. Fujise Hon. Morton D. Denlow Massachusetts Hon. Richard M. Mosk Hawaii Intermediate Court U.S. District Court for the Court of Appeal of California of Appeals Hon. Bernette J. Johnson Northern District of Illinois for the Second District Supreme Court of Louisiana Hon. Susan Peikes Gantman Hon. Diane Vinson DeVasto Eugene J. Murret Superior Court of Hon. Earl Johnson Jr. Court of Appeals of Texas East-West Management Pennsylvania Court of Appeal of California (Retired), Potter Minton Institute for the Second District Barry H. Garfinkel Esq. Hon. Alexandra D. Hon. Dorothy W. Nelson Skadden, Arps, Slate, Hon. Gary S. Katzmann DiPentima U.S. Court of Appeals for Meagher & Flom LLP Court of Appeals of Appellate Court of the Ninth Circuit Massachusetts Connecticut Hon. Leonard I. Garth Hon. Lawton R. Nuss U.S. Court of Appeals for the Hon. Howard H. Kestin Hon. Gordon L. Doerfer Supreme Court of Kansas Third Circuit Superior Court of New Jersey, Court of Appeals of Appellate Division Hon. Marian P. Opala Massachusetts (Retired), Gibson Gayle Jr., Esq. Supreme Court of Oklahoma President-Elect of the Fulbright & Jaworski L.L.P. Hon. Evelyn Keyes American Judicature Society Court of Appeals of Texas Hon. Susan Owens Hon. Thomas J. Grady for the First District Supreme Court of Washington Hon. Antoinette L. Dupont Court of Appeals of Ohio Appellate Court of Hon. Douglas S. Lang Hon. David Painter Hon. John M. Greaney Connecticut Court of Appeals of Texas Court of Appeal of Louisiana Supreme Judicial Court of for the Fifth District for the Third Circuit Hon. Christine M. Durham Massachusetts Supreme Court of Utah Hon. Harriet Lansing Hon. Jaime Pieras Jr. Norman L. Greene Esq. Court of Appeals of Minnesota U.S. District Court for the Hon. Sidney S. Eagles Jr. Schoeman, Updike, & District of Puerto Rico Chief Judge, Court of Appeals Kaufman, LLP Hon. Steve Leben of North Carolina (Retired), Court of Appeals of Kansas Hon. Lawrence L. Piersol Hon. John Michael Guidry Smith Moore LLP U.S. District Court for the Court of Appeal of Louisiana Hon. Larry Joseph Lee District of Hon. Andrew S. Effron for the First Circuit Court of Appeals of U.S. Court of Appeals for the Mississippi Hon. Brenda Toineeta Hon. George C. Hanks Jr. Armed Forces Pipestem Court of Appeals of Texas for Hon. Pierre N. Leval The Cherokee Supreme Court, the First District U.S. Court of Appeals for Eastern Band of Cherokee the Second Circuit Indians 18

Hon. Donald C. Pogue Hon. David Schuman Hon. Sandra L. Townes Hon. J. Harvie Wilkinson III U.S. Court of Court of Appeals of Oregon U.S. District Court for the U.S. Court of Appeals for International Trade Eastern District of New York the Fourth Circuit Hon. Leah Ward Sears Hon. Rosemary S. Pooler Supreme Court of Georgia Hon. Anuradha Hon. Charles R. Wilson U.S. Court of Appeals for the Vaitheswaran U.S. Court of Appeals for Hon. Frank A. Shepherd Second Circuit Court of Appeals of Iowa the Eleventh Circuit Court of Appeal of Florida Hon. Loretta A. Preska for the Third District Hon. J. Clifford Wallace Hon. Lawrence F. Winthrop U.S. District Court for the U.S. Court of Appeals for the Court of Appeals of Arizona Hon. Peter J. Siggins Southern District of New York Ninth Circuit Court of Appeal of California Hon. Rebecca Wiseman Richard H. Reimer Esq. for the First District Hon. William L. Waller Jr. Court of Appeal of California American Society of Supreme Court of Mississippi for the Fifth District Hon. Larry G. Smith Composers, Authors and Court of Appeal of Florida Hon. Kim McLane Wardlaw Hon. Michael A. Wolff Publishers for the First District U.S. Court of Appeals Supreme Court of Missouri Hon. Susan L. Reisner for the Ninth Circuit Hon. Roscoe B. Hon. Roger L. Wollman Superior Court of New Jersey, Stephenson Jr. Hon. Peter D. Webster U.S. Court of Appeals for Appellate Division Supreme Court of Virginia Court of Appeal of Florida the Eighth Circuit Hon. Marjorie O. Rendell for the First District Hon. Edwin H. Stern Hon. Jim T. Worthen U.S. Court of Appeals for the Superior Court of New Jersey, Hon. Jack B. Weinstein Court of Appeals of Texas Third Circuit Appellate Division U.S. District Court for the for the Twelfth District Professor Judith Resnik Eastern District of New York Hon. Richard B. Teitelman Hon. James R. Zazzali Yale Law School Supreme Court of Missouri Hon. Joseph F. Weis Jr. Supreme Court of New Jersey Hon. Ariel A. Rodriguez U.S. Court of Appeals for the Professor Timothy Terrell Superior Court of New Jersey, Third Circuit Emory University Appellate Division School of Law Hon. Joseph R. Weisberger Hon. Eric S. Rosen Supreme Court of Hon. John A. Terry Supreme Court of Kansas District of Columbia Hon. Albert M. Rosenblatt Court of Appeals Hon. Harvey Weissbard Court of Appeals of the Superior Court of New Jersey, Hon. Robert J. Torres State of New York (Retired), Appellate Division NYU Judicial Fellow

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If paying by check, please detach this form and mail with payment. If paying by credit card, please either fax or mail the form to: Dwight D. Opperman Institute of Judicial Administration Attn: Torrey L. Whitman New York University School of Law 40 Washington Square South, Room B-09B New York, NY 10012 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.

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