THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 2007 Vol. 62, No. 2 COLONIAL CONTINUITIES Human Rights, Terrorism, and Security Laws in India RUTH BADER GINSBURG Distinguished Lecture on Women and the Law 2 0 0 7 V O L. 6 2 , N O. 2 227 THE RECORD 2007 Vol. 62 , No. 2 Contents OF NOTE 229 ANNUAL MEETING OF THE ASSOCIATION President’s Address—Barry M. Kamins 238 Portrait Unveiling—Bettina B. Plevan 245 RUTH BADER GINSBURG DISTINGUISHED LECTURE 255 ON WOMEN AND THE LAW: A CONVERSATION WITH FOUR CHIEF JUSTICES ORISON S. MARDEN LECTURE 287 THE LEGAL PROFESSION AND THE UNMET NEEDS OF THE IMMIGRANT POOR Robert A. Katzmann THE IMMIGRATION CONSEQUENCES OF DEFERRED 312 ADJUDICATION PROGRAMS IN NEW YORK CITY The Committee on Criminal Justice Operations ELECTRIC REGULATION IN THE STATE OF NEW YORK 327 The Committee on Energy THE FINANCING OF THE HUDSON YARDS 354 DEVELOPMENT PROJECT The Committee on New York City Affairs COLONIAL CONTINUITIES: HUMAN RIGHTS, TERRORISM, AND SECURITY LAWS IN INDIA 375 The Committee on International Human Rights THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published by The Association of the Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6689. Available by subscription for $60 per volume. For information call (212) 382-6695. Periodicals postage paid at New York, NY and additional mailing offices. USPS number: 012-432/ISSN: 0004-5837. Postmaster: Send address changes to THE RECORD OF THE ASSO- CIATION OF THE BAR OF THE CITY OF NEW YORK, 42 West 44th Street, New York, NY 10036-6689. THE RECORD is printed on paper which meets the specifications of American National Standard ANSI Z39.49-1984, Permanence of Paper for Printed Library Materials. Copyright © 2007 The Association of the Bar of the City of New York. All rights reserved. T H E R E C O R D 228 Of Note THE FOLLOWING CANDIDATES HAVE BEEN ELECTED TO THE VARIOUS Association offices and committees for 2007-2008: President Barry M. Kamins Vice Presidents Mary C. Daly Alexander D. Forger Andrew A. Scherer Treasurer James L. Lipscomb Secretary Sheila S. Boston Member of the Executive Committee Class of 2011 Andrew Mandell Deborah Masucci Michael B. Mushlin Benito Romano Members of the Committee on Audit Robert J. Anello Laurie Berke-Weiss Allan L. Gropper Christopher L. Mann Marsha E. Simms ❊ THE NOMINATING COMMITTEE FOR 2007-2008 CONSISTS OF: PREETA D. Bansal, Robert B. Fiske, Jr., E. Leo Milonas (Chair), Sara Moss, Carlos G. Ortiz, Milton L. Williams, Jr., and Mary Marsh Zulack. 2 0 0 7 V O L. 6 2 , N O. 2 229 O F N O T E The Executive Committee has elected Peter M. Kougasian Chair and Rosalyn H. Richter Secretary for 2007-2008. ❊ THE CITY BAR JUSTICE CENTER HELD ITS SECOND ANNUAL GALA ON April 18. The event honored Skadden, Arps, Slate,Meagher & Flom and Time Warner Inc. with the City Bar Justice Award for their leadership and dedication to public service. Accepting on behalf of Skadden, Arps was Robert C. Sheehan, Execu- tive Partner. Paul T. Cappuccio, Executive Vice President and General Counsel, accepted on behalf of Time Warner. Co-chairs for the evening were Rose- mary T. Berkery, Executive Vice President and General Counsel of Merrill Lynch & Co. and Robert D. Joffe, Partner at Cravath, Swaine & Moore. To help mark the event, hundreds of lights transformed the City Bar’s historic 1897 landmark building into a modern New York lounge. The event raised more than $750,000 to support the wide range of programs and services of the City Bar Justice Center, the pro bono affili- ate of the New York City Bar. By harnessing resources from the legal pro- fession, the City Bar Justice Center annually provides direct legal repre- sentation, information and advocacy to nearly 30,000 individuals from all five boroughs. ❊ THE NEW YORK CITY BAR’S ENHANCE DIVERSITY COMMITTEE PRESENTED the second annual Diversity Champion Award at an Award Ceremony, June 7, at the Association. The award recognizes the critical role individu- als have played in initiating and sustaining change within their organi- zations and the overall New York legal community. The award seeks to honor individuals who embody the New York City Bar’s Statement of Diversity Principles. Nominations are limited to attorneys, although it is not necessary that they be actively practicing law. The honorees for 2007 are: Sharon Bowen, Vice Chair of the Latham & Watkins Diversity Committee; Laurie Robinson, founder and CEO of Corporate Counsel Women of Color and a practicing employment lawyer in CBS Broadcasting’s legal department; Zakiyyah Salim, Associate, Heller Ehrman LLP, and a member of the firmwide diversity and New York office hiring committees; and Hon. John Stackhouse, New York County Supreme Court Justice, and Co-Director of the Supreme Court Civil Division Anti- Bias Committee, charged with the court’s internal diversity efforts. T H E R E C O R D 230 O F N O T E Susan Kohlmann, Co-Chair of the Enhance Diversity in the Profes- sion Committee, presented the awards. The awards are sponsored by the City Bar’s Office for Diversity and the Committee to Enhance Diversity in the Profession, and the winners were selected by the Committee to En- hance Diversity in the Profession (Susan J. Kohlmann and Elipidio Villarreal, Co-Chairs). ❊ TWO OUTSTANDING LAW STUDENTS HAVE BEEN AWARDED THURGOOD Marshall Fellowships for the 2007-2008 academic year. The program provides two exceptional minority students from New York area law schools the opportunity to work with the Association to advance the goals of civil rights and equal justice. Fellowships have been awarded to Shuva Paul of CUNY School of Law and Johane Severin of Brooklyn Law School. Mr. Paul will assist the Association’s Civil Rights Committee and Ms. Severin will work with the City Bar Justice Center. The fellowships are funded by the Orison S. Marden Lecture Fund. Fellows were nominated by their schools and selected by the Association’s Committee on the Thurgood Marshall Fellowship Program (Ira M. Feinberg, Chair). ❊ THE ANNUAL PRESENTATION OF THE HENRY L. STIMSON MEDAL TO outstanding Assistant United States Attorneys in the Southern District and in the Eastern District of New York was held on June 12 at the Asso- ciation. Hon. Gerard E. Lynch, United States District Judge for the Southern District of New York, made opening remarks, and Barry M. Kamins, Presi- dent of the Association, presented the medals. This year’s recipients are: Celeste L. Koeleveld (Criminal Division) and Sheila A. Gowan (Civil Division) of the Southern District, and Richard P. Donoghue (Criminal Division) and Scott A. Dunn (Civil Division) of the Eastern District. The Stimson Medal, made possible by the firm of Pillsbury Winthrop Shaw Pittman LLP, honors Mr. Stimson, who served as United States At- torney for the Southern District from 1906-1909 during a career of distin- guished public service. The awards are sponsored by the Committee on the Stimson Medal 2 0 0 7 V O L. 6 2 , N O. 2 231 O F N O T E and the Committee on Federal Courts (Molly S. Boast, Chair). Pillsbury Winthrop Shaw Pittman LLP co-sponsored the event. ❊ THE ANNUAL MUNICIPAL AFFAIRS AWARDS, GIVEN IN RECOGNITION of outstanding achievement by attorneys in the New York City Law De- partment, were presented June 25 at the Association. Federal Judge Paul A. Crotty of the U.S. District Court presented the awards to the following outstanding Assistant Corporation Counsels: Ali Ayazi—Labor & Employ- ment Law; Kim Conway—General Litigation; Tal Golomb—Legal Counsel; Nicole Ludwig—Torts, Bronx; and Michael Ruseskas—Family Court, Queens. The awards are sponsored by the Committee on New York City Af- fairs (Peter Kiernan, Chair). ❊ THE EIGHTEENTH ANNUAL LEGAL SERVICES AWARDS WERE PRESENTED TO honor attorneys and nonlawyers who provide outstanding civil legal assis- tance to New York’s poor. Hon. Robert Katzmann, United States Court of Ap- peals for the Second Circuit, presented the awards, June 6, at the Association. This year’s recipients are: Emily Ruben, Attorney-in-Charge, Brooklyn Neighborhood Office, The Legal Aid Society; Elizabeth Shollenberger, Man- aging Attorney, Queens Legal Services; Nanette Schorr, Family and Educa- tion Law Units Director, Legal Services for New York City, Bronx; Michael Williams, Senior Staff Attorney, The Door’s Legal Services Center; and Robert Kalin, Senior Tenant Organizer, Housing Conservation Coordinators. The awards are administered by the Special Committee on the Legal Services Awards, chaired by James H. R. Windels, and sponsored by the Committee on Pro Bono and Legal Services, chaired by Madeleine Schachter. The awards have been endowed by a generous contribution from the Horace W. Goldsmith Foundation. ❊ THE ANNUAL KATHRYN A. MCDONALD AWARD FOR EXCELLENCE IN SER- vice to the Family Court was presented June 11, at the Association. Hon. Judith S. Kaye, Chief Judge, New York State Court Of Appeals, presented this year’s award to: Benjamin Rosin, Rosin Steinhagen Mendel; and David Waldman, former Supervising Attorney, Juvenile Rights Divi- sion, The Legal Aid Society; currently, volunteer, Lawyers for Children. The Kathryn A. McDonald Award is named in honor of the former T H E R E C O R D 232 O F N O T E Presiding Judge of the New York City Family Court, and is sponsored by the Association’s Committees on Children and the Law, Family Court and Family Law, and Juvenile Justice and its Council on Children. ❊ NEW YORK CITY MAYOR MICHAEL BLOOMBERG GAVE THE KEYNOTE adddress at a gala luncheon celebrating the graduation of the inaugural class of the New York City Environmental Leadership Institute, May 17, at the Association.