FOREWORD For almost a century, the New York County Lawyers’ Association has not only helped the public learn about the law but also helped our society appreciate how essential the rule of law is to our system of government. For almost 25 years, our Law-Related Education Committee has translated that mission into a remarkable array of projects aimed at young people in our City under the able leadership of its chair Justice Richard Lee Price. This NYC Youth Law Manual is the centerpiece of our Youth Law Education Project. It is a shining example of his committee’s commitment to providing high school students and their teachers with a readable, practical, and relevant guide to laws of special interest to young people. The Manual’s 23 chapters provide essential information ranging from an overview of the US system of government to an explanation of current immigration laws. Its discussion of the array of our citizens’ rights importantly emphasizes the corresponding responsibilities assumed by all members of our community. Using this Manual as a guide, young people can explore how the law affects their lives and shapes their futures. All of us hope that their journey of exploration will lead many to consider choosing the law as a career. The Association is proud to express its foremost thanks to Justice Price for his vision and dedication to this wonderful work. Many thanks also go the members of the LRE Committee, several of whom even worked on the previous edition ten years ago. A team from my own firm, Cadwalader, Wickersham & Taft LLP, led by Ivan Dominguez, prepared the draft manuscript and composed 12 new chapters. NYCLA volunteers, with special areas of expertise, edited each chapter for accuracy. Special thanks go to our editorial team, led by Marilyn Flood, Counsel to the Association and Executive Director of the NYCLA Foundation, who spent many hours ensuring that the Manual was not merely a useful reference but also an accessible resource for students and their teachers. We applaud the NYCLA Justice Center, chaired by John Feerick, for its enthusiastic support for this project, and the Justice Resource Center and its Executive Director, Debra Lesser, who is an expert on law-related education and our partner in organizing the teacher training seminars and student conferences based on the Manual. Nothing like the Manual is possible without the Project’s funders who made this all possible. NYCLA is proud to publish The NYC Youth Law Manual and contribute to the essential task of helping our young people become informed citizens of our city, state and country. Edwin David Robertson President, New York County Lawyers’ Association FOREWORD The Justice Center of the New York County Lawyers’ Association applauds The NYC Youth Law Manual and salutes the volunteer efforts of lawyers in its creation. It is a remarkably well done publication. This Manual contains an excellent overview of the legal system in the United States, starting with an overview of the United States Constitution and concluding with a chapter on detention, searches and arrests. Between the beginning and concluding chapters are chapters on how to use a lawyer and pursue a career in the law, as well as chapters on rights enjoyed by members of our civil society. As you begin this Manual, it is worth recalling the reasons why we base our society on the rule of law. The law helps maintain order and stability while enabling each of us to go about our pursuit of happiness. We are able to set goals for ourselves and strive to achieve those goals, knowing that the law is present to protect our rights and assure our peace and tranquility. Thomas Jefferson put it this way: “We hold these truths to be self- evident, that all Men are created equal, that they are endowed by their Creator with certain Unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed….” . The Constitution gave concrete expression to these exhortations of the Declaration of Independence, declaring in its Preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” This Manual was designed in recognition of the truth that without education, democracy under the American Constitution could not function. John D. Feerick Chair, Justice Center of the New York County Lawyers’ Association Professor, Fordham Law School FOREWORD As a Justice of the Supreme Court and the Chair of the Law-Related Education Committee (LRE) at New York County Lawyers’ Association (NYCLA) for over 20 years, I have been dedicated to making sure students understand their rights and responsibilities as citizens of our country. In 1996, with the strong commitment and assistance of our very dedicated Committee, my vision of a publication that would give students and educators basic information on New York State laws, especially those that affect minors and young adults, resulted in The Youth Law Manual, which was widely distributed and enthusiastically used by high school teachers and students. As our first edition was so well received, we decided to publish this second edition, now called The NYC Youth Law Manual. Marilyn J. Flood, Esq., Executive Director of the NYCLA Foundation, helped us reach out to Ivan J. Dominguez, Esq., then the Director of Diversity, Pro Bono and Community Relations at the firm of Cadwalader, Wickersham & Taft LLP, who, with the help of many associates there, produced an updated Manual with 12 new chapters. Ms. Flood, along with Debra Lesser, Executive Director of the Justice Resource Center, developed the grant proposal for funding the printing, teacher training seminars and evaluation component. The final editing process included Marilyn Flood, Larry Carbone, Robert Stern, Gary Weil and myself from the Committee, as well as subject-matter experts from among NYCLA volunteer leaders. Allison Slotnick, NYCLA Communications Assistant, produced numerous versions of the manuscript. This two-year effort would not have been possible without the commitment of Norman L. Reimer, Immediate Past President of NYCLA, and Edwin David Robertson, current President. I would also like to thank all of our funders, supporters and, of course, our volunteers for updating, expanding and editing this Manual, a unique resource for our young people and their teachers. Finally, I offer my sincere thanks to the New York County Lawyers’ Association, our devoted LRE Committee and the Justice Resource Center for producing this vital, informative NYC Youth Law Manual for the young people of New York City. Hon. Richard Lee Price Chair, Law-Related Education Committee New York County Lawyers’ Association ACKNOWLEDGEMENTS The NYC Youth Law Manual is the centerpiece of a collaborative project of the New York County Lawyers’ Association (NYCLA) and the Justice Resource Center (JRC), partners in the publication of the earlier edition of the Manual in 1996 and the teacher training sessions conducted at that time. Firmly committed to providing a new resource to high school teachers and students in the New York City school system, our two organizations mapped out an even more ambitious Youth Law Education project in 2006 and were fortunate to find generous donors to underwrite it and dedicated volunteers to produce the manuscript for the Manual. NYCLA and the JRC acknowledge the numerous contributors with deep appreciation for their commitment to providing resources to young people and their dedicated teachers. Funders Generous funding for the Youth Law Education Project was provided by the J. Aron Charitable Foundation, Con Edison, Commission to Promote Public Confidence in Judicial Elections, New York Women’s Bar Association Foundation, Inc. and The New York Community Trust. Manuscript Preparation As a pro bono contribution, the law firm of Cadwalader, Wickersham & Taft LLP prepared the manuscript for the Manual. Ivan J. Dominguez, Director of Diversity, Pro Bono and Community Relations, oversaw the project and prepared two chapters. Partners Douglas I. Koff and Harry P. Cohen supervised the following associates who researched and drafted chapters: Stephen Arena, Jennifer Chu, Aaron Cutler, Nicole Cuttino, Talia Gil, Andrew Lom, Melissa McGoogan, James Metzger, Nancy Morrisseau, William Norton, Naomi Olsen, Jeanette Park, Denise Penn, Rachel Rivkind, David Scupp, Evan Siegert, Devin Swaney and Gabriel Weaver. Editors Hon. Richard Lee Price, Chair of the NYCLA Law-Related Education Committee, and two committee members, Larry Carbone and Robert A. Stern, devoted significant time to editing numerous chapters. The following NYCLA Board Members, NYCLA Committee/Section Chairs and Members, and NYCLA Justice Center Advisory Board Members, as well as the Co-Chairs of the Financial Backpack Committee of the Financial Women’s Association, served as experts on substantive areas of law and provided invaluable and extensive editorial comments for one or more chapters: Robert F. Bacigalupi, Craig T. Donovan, Eugene J. Glicksman, Marcia J. Goffin, Bruce A. Green, David J. Lansner, Hon. Joseph Kevin McKay, Eugene B. Nathanson, Brian D. Rauer, Norman L. Reimer, Marie Richardson, Lindsay Starr, Andrew R. Tulloch, Susan J. Walsh, Gary R. Weil and Karen Zander. Editorial Assistant Allison Slotnick, NYCLA Communications Assistant, served as my talented editorial assistant on this project, making countless changes to the manuscript, checking information and researching additional resources and websites, and doing it all with great patience and good humor. Special Thanks Special thanks go to Hon. Richard Lee Price for his lifelong commitment to law-related education, including serving as the catalyst for both the 1996 and 2007 editions of the Manual and his more than two decades as Chair of the NYCLA Law-Related Education Committee.