NOVEMBER/DECEMBER 2013 VOL. 85 | NO. 9 JournalNEW YORK STATE BAR ASSOCIATION Also in this Issue Jackson Estate Says, Are Bloggers Journalists? 2013 Criminal Legislation “Beat It, IRS.” Plea Counsel Cases and Retroactivity By Robert W. Wood Appeals in Arbitration Art by renowned illustrator Alex Nabaum. RENOWNED EXECUTION For more than 100 years, we’ve orchestrated the most complex institutional transactions, and provided the highest quality trust administration. For global experience you can trust and execution you can count on, call Jack Beeson at 302-636-6018, email [email protected], or visit wilmingtontrust.com. GLOBAL CAPITAL MARKETS | CORPORATE TRUST | RETIREMENT PLAN SERVICES | INSTITUTIONAL INVESTMENT MANAGEMENT ©2013 Wilmington Trust Corporation. BESTSELLERS FROM THE NYSBA BOOKSTORE November/December 2013 Admission to the Criminal and Civil Contempt, 2nd Ed. Legal Manual for N.Y. Physicians, 3rd Ed. 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Wilkes AnimalAnim Law in New York State Tarrytown NEW YORK STATE BAR ASSOCIATION TheThe Attorney’sA Role in Home Purchase Transactions e-mail: [email protected] BuyingBuyin and Selling Real Estate Marvin N. Bagwell LEGALEase New York City ChildChild Support – Determining the Amount Brochure Series Brian J. Barney Inform your clients. DivorceDivo and Separation in New York State Rochester Promote your services. Build your practice. GuidelineGuid for Guardians Elissa D. Hecker HIV/AIDSHIV/ and the Law Irvington If YYouo Have an Auto Accident Barry Kamins Brooklyn IntellectualInte Property Jonathan Lippman LivingLivi Wills and Health Care Proxies New York City Long–TermLon Care Insurance John R. McCarron, Jr. Carmel NewNe York Marriage Equality – FAQ’s Eileen D. Millett RightsRig of Residential Owners and Tenants New York City TenantTen Screening Reports and Tenant Blacklisting Thomas E. Myers ThingsTh to Consider if You Have a Serious or Chronic Illness Syracuse WWhy You Need a Will Gary D. Spivey Colorado Springs, Colorado YYouo and Your Lawyer Sharon L. Wick YYour Rights as a Crime Victim Buffalo YYour Rights if Arrested MANAGING EDITOR YYour Rights to an Appeal in a Civil Case Daniel J. McMahon YYour Rights to an Appeal in a Criminal Case Albany e-mail: [email protected] ASSOCIATE EDITOR Nicholas J. Connolly Tarrytown Display Them, Send Them, Use Them PUBLISHER LEGALEase brochures give you excellent flexibility of use. Display a full Patricia K. Bucklin Executive Director set in your lobby or waiting area in one of our display racks. Mail brochures to prospects in a standard envelope. Hand them out during consultations. NYSBA PRODUCTION STAFF Use them any way you want. Plus, there’s a space on the back of each bro- ASSISTANT EDITOR chure where you can stamp or sticker your firm’s name. Joan Fucillo DESIGN Lori Herzing Informative, Inexpensive, Invaluable Erin Corcoran At a cost of only $25.00 per packet of 50 brochures for New York State Jonathan Grandchamp Bar Association Members, and $40.00 for Non-Members, the LEGALEase EDITORIAL OFFICES One Elk Street brochure series is an outstanding value – and an outstanding way to Albany, NY 12207 educate your clients and promote your practice. (518) 463-3200 FAX (518) 463-8844 Visit www.nysba.org/legalease www.nysba.org ADVERTISING REPRESENTATIVE Network Media Partners Meredith Schwartz Executive Plaza 1, Suite 900 Order your LEGALEase brochures today! 11350 McCormick Road Hunt Valley, MD 21031 4 ways to order! (410) 584-1960 e-mail: [email protected] • Order online @ www.nysba.org/legalease • Charge by phone at 800-582-2452 or 518-463-3724 EUGENE C. GERHART (1912 – 2007) • Fax a completed order form to 518-463-5993 Editor-in-Chief, 1961 – 1998 • Mail a completed order form with your check made payable to NYSBA to: New York State Bar Association, Order Fulfillment One Elk Street, Albany, NY 12207 Allow 4-6 weeks for delivery. Source Code PUB2054 CONTENTS NOVEMBER/DECEMBER 2013 JACKSON ESTATE SAYS, “BEAT IT, IRS.” BY ROBERT W. WOOD 10 DEPARTMENTS 5 President’s Message 8 CLE Seminar Schedule 14 Burden of Proof BY DAVID PAUL HOROWITZ 48 Index to Articles 2013 18 Bloggers, Journalists, Reporting, 49 Index to Authors 2013 and Privilege 51 New Members Welcomed BY RONALD D. COLEMAN 54 Attorney Professionalism Forum 26 New Criminal Justice 60 Index to Advertisers Legislation 60 Classified Notices BY BARRY KAMINS 61 Language Tips BY GERTRUDE BLOCK 31 The Supreme Court’s New Plea Counsel 63 2013–2014 Officers Cases and Retroactivity 64 The Legal Writer Should New York Revisit Eastman- BY GERALD LEBOVITS Teague’s Retroactivity Rubric? BY MARCY L. KAHN AND CHRISTOPHER H. BENBOW 44 An Appellate Mechanism in Arbitration CARTOONS © CARTOONRESOURCE.COM BY HON. DAVID B. SAXE The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers.