THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK ANNUAL MEETING OF THE ASSOCIATION Addresses by Michael A. Cooper and Evan A. Davis Pre-Verdict Interest in Personal Injury Cases Sports Law: A Selective Bibliography J U L Y / A U G U S T 2 0 0 0 ◆ V O L. 5 5, N O. 4 457 July/august 2000 vol. 55, No. 4 THE RECORD july/august 2000 vol. 55, No. 4 Contents OF NOTE 459 ANNUAL MEETING OF THE ASSOCIATION FAREWELL ADDRESS by Michael A. Cooper 466 INAUGURAL ADDRESS by Evan A. Davis 475 Reports by the Committee on Professional and Judicial Ethics FORMAL OPINION 2000-1: 482 PLANS TO SOLICIT BIDS BY LAWYERS TO PERFORM LEGAL SERVICES ON INTERNET WEBSITE FORMAL OPINION 2000-2: 489 CHARGING INTEREST ON UNPAID LEGAL FEES REPORT IN SUPPORT OF PRE-VERDICT INTEREST 496 IN PERSONAL INJURY CASES by The Council on Judicial Administration THE FAILURE OF CIVIL DAMAGES CLAIMS TO MODIFY POLICE 533 PRACTICES, AND RECOMMENDATIONS FOR CHANGE by The Committee on New York City Affairs TAXABILITY OF PAYMENTS MADE ON ACCOUNT 542 OF EMPLOYMENT DISCRIMINATION CLAIMS by The Committee on Labor and Employment Law STATES’ RIGHTS V. INTERNATIONAL TRADE: 553 THE MASSACHUSETTS BURMA LAW by The Committee on International Trade NEW MEMBERS 572 A SELECTIVE BIBLIOGRAPHY: SPORTS LAW 578 by Ronald I. Mirvis and Eva S. Wolf THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published six times a year , January-February, March-April, May-June, July- August, September-October, and November-December, 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. Postmaster: Send address changes to T H E R E C ORD OF THE ASSOCIATION 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 © 2000 The Association of the Bar of the City of New York. All rights reserved. T H E R E C O R D 458 EDITORIAL BOARD EVAN A. DAVIS KATHY HELLENBRAND ROCKLEN President Chair, Executive Committee BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN Executive Director General Counsel MARK WOLKENFELD Editor HOW TO REACH THE ASSOCIATION MAIN PHONE NUMBER: CONTINUING LEGAL EDUCATION (212) 382-6600 Michelle Schwartz-Clement (212) 382-6606 WORLD WIDE WEB ADDRESS: [email protected] http://www.abcny.org LAWYER ASSISTANCE PROGRAM PRESIDENT Eileen Travis Evan A. Davis (212) 382-5787 (212) 382-6700 [email protected] [email protected] LEGAL REFERRAL SERVICE EXECUTIVE DIRECTOR Allen J. Charne Barbara Berger Opotowsky (212) 626-7373 (212) 382-6620 [email protected] [email protected] LEGISLATIVE AFFAIRS GENERAL COUNSEL Denice M. Linnette Alan Rothstein (212) 382-6655 (212) 382-6623 [email protected] [email protected] LIBRARY ADVERTISING Richard Tuske (212) 382-6752 (212) 382-6742 ASSOCIATION MEMBERSHIP [email protected] Melissa Halili Copy Services: (212) 382-6711 (212) 382-6767 Reference Desk: (212) 382-6666 [email protected] CITY BAR FUND MEETING SERVICES Maria Imperial Nick Marricco (212) 382-6678 (212) 382-6637 [email protected] [email protected] COMMITTEE MEMBERSHIP MEMBER BENEFITS Stephanie Rook Robin Gorsline (212) 382-6664 (212) 382-6689 [email protected] [email protected] COMMUNICATIONS SMALL LAW FIRM CENTER (212) 382-6713 Carol Seelig (212) 382-4751 [email protected] J U L Y / A U G U S T 2 0 0 0 ◆ V O L. 5 5, N O. 4 459 Of Note THE FOLLOWING CANDIDATES HAVE BEEN ELECTED TO THE VARIOUS Association offices and committees for 2000-2001. President Evan A. Davis Vice Presidents Zachary W. Carter E. Leo Milonas Carol Sherman Treasurer Michael Iovenko Secretary James D. Herschlein Members of the Executive Committee Class of 2004 Nancy Chang Mark G. Cunha Beth L. Kaufman Timothy G. Rogers Members of the Committee on Audit Susan Porter Donald S. Bernstein Patricia S. Skigen ❊ THE NOMINATING COMMITTEE FOR 2000-2001 CONSISTS OF: PAUL A. Crotty, Harvey J. Goldschmid, Victor Marrero, Kay Crawford Murray, Eleanor Jackson Piel, Bettina B. Plevan, and David G. Trager. The Executive Com- mittee has elected Kathy Hellenbrand Rocklen Chair and Laurie Berke- Weiss Secretary of the Executive Committee for 2000-2001. T H E R E C O R D 460 O F N O T E ❊ THE ELEVENTH ANNUAL LEGAL SERVICES AWARDS WERE PRESENTED to honor attorneys who provide crucial civil legal assistance to New York’s poor. Douglas S. Eakeley, Chairman of the Board of Directors of the Legal Services Corporation, presented the awards at a reception on May 11 at the Association. This year’s recipients are: Liberty Aldrich, Director, Victim Services Domestic Violence Law Project; Valerie Bogart, Staff Attorney, Legal Ser- vices for the Elderly; Magda I. Rosa Rios, Staff Attorney, Volunteer Divi- sion/Community Law Offices, The Legal Aid Society; Scott Rosenberg, Di- rector of Litigation, Civil Appeals and Law Reform Unit, The Legal Aid Society; and Jonathan Twersky, Director, Housing Unit, Legal Services for New York City, Brooklyn Branch. The awards, endowed by a generous contribution from the Horace W. Goldsmith Foundation, are administered by the Special Committee on the Legal Services Awards (John Kiernan, Chair). ❊ THE NINTH 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 May 30 at the Asso- ciation. Evan A. Davis, the Association’s new President, presented the awards to: Sara L. Shudofsky Southern District/Civil Division; Ira M. Feinberg, Southern District/Criminal Division; Richard Weber, Eastern District/Civil Division; and Bernadette Miragliotta, Eastern District/Criminal Division. The Stimson Medal, made possible by the firm of Winthrop, Stimson, Putnam and Roberts, honors Mr. Stimson, who served as United States Attorney for the Southern District from 1906-1909 during a career of dis- tinguished public service. The awards are sponsored by the Committee on the Stimson Medal (Stephen A. Weiner, Chair) and the Committee on Federal Courts (Guy M. Struve, Chair). ❊ THREE OUTSTANDING MINORITY STUDENTS AT NEW YORK AREA LAW schools have been awarded Thurgood Marshall Fellowships for the 2000- 2001 academic year. These students will have the opportunity to work J U L Y / A U G U S T 2 0 0 0 ◆ V O L. 5 5, N O. 4 461 O F N O T E with the Association to advance the goals of civil rights and equal justice. Fellowships were awarded to: Baaba K. Halm, Brooklyn Law School; Alice Eddie Backer, New York University School of Law; and Tina Matsuoka, Fordham University School of Law. The fellowships are funded by the Orison S. Marden Lecture Fund and are open to second and third year minority law students from New York area law schools. Fellows were nominated by their schools and se- lected by the Association’s Committee on the Thurgood Marshall Fellow- ship Program (Daniel Richman, Chair). ❊ HON. RICHARD T. ANDRIAS, SUPREME COURT APPELLATE DIVISION, First Department, presented the Association’s annual Municipal Affairs Awards on June 21. The Awards are given to lawyers from the New York Law Department who have demonstrated outstanding performance. This year’s recipients are Susan Choi-Hausman, Appeals Division; Brian Cody, Queens Torts Division; Rachel Goldman, Administrative Law Division; Joan Margiotta, Affirmative Litigation; Mark McIntyre, Environmental Law Di- vision; and Jonathan Michaels, Bronx Torts Division. The awards are sponsored by the Committee on New York City Af- fairs (Alan J. Rothstein, Chair). ❊ THE FOLLOWING NEW COMMITTEE CHAIRS AND DELEGATES HAVE RE- cently been appointed for terms beginning September 1, 2000: Howard M. Rogatnick (Administrative Law); Robert J. Gruendel (Ad- miralty Law); Wallace L. Ford II (African Affairs); Hayley J. Gorenberg (AIDS); Elizabeth Snow Stong (Alternative Dispute Resolution); Deborah Masucci (Arbitration); Donald S. Bernstein (Audit); Roger D. Wiegley (Banking Law); David N. Hoffman (Bioethical Issues); James E. Raved (Construc- tion Law); Roy L. Reardon (Continuing Legal Education); Richard Davis (Council on Criminal Justice); Peter M. Kougasian (Delegation to the New York State Bar Association House of Delegates); John Doyle (Drugs and the Law); Sarah Barish-Straus (Energy); Joseph T. McLaughlin (Enhance Diversity in the Profession); Robert David Lippman (Entertainment); Rob- ert C. Harris (Entertainment Law); Frederick Townsend Davis (European Affairs); Monica A. Drinane (Family Court and Family Law); Susan C. Ervin (Futures Regulation); Margaret S. Morton (Government Counsel); T H E R E C O R D 462 O F N O T E Michael A. Cooper (Honors); Jean T. Schneider (Housing Court Public Service Projects); Cyrus D. Mehta (Immigration and Nationality Law); Ri- chard Winfield (Independent States of the Former Soviet Union); Robert F. Van Lierop (Council on International Affairs); Philip Weinberg (Inter- national Environmental Law); Scott Horton (International Human Rights); Jane M. Spinak (Juvenile Justice); Deborah E. Collins (Labor and Employ- ment Law); Fredrick A. Becker (Land Use Planning and Zoning); Joanne Simon (Legal Issues Affecting People with Disabilities); Mariann Sullivan (Legal Issues Pertaining to Animals); John S. Kiernan (Legal Services Awards); Eric C. Rosenbaum and Aubrey Lees (Lesbian and Gay Rights); Antonia Grumbach (Library); Thomas McGanney (Orison S. Marden Memorial Lec- tures); Jesse S. Waldinger (Medical Malpractice); Keri K. Gould (Mental Health Law); Harvey J. Goldschmid (Nominating); James H. R. Windels (Pro Bono and Legal Services); Charles Merrill Nathan (Securities Regu- lation); Stephen J. Friedman (Senior Lawyers); Jeremy M.