FEBRUARY 2008 VOL. 80 | NO. 2 JournalNEW YORK STATE BAR ASSOCIATION Remembering Mr. Flavin The Origins (and Unintended Consequences) Also in this Issue of Online Legal Research Eugene C. Gerhart and Justice Robert Jackson by Gary D. Spivey Immigration Compliance 2007 Criminal Law Legislation Consumer Protection Law in 2007 BESTSELLERS FROM THE NYSBA BOOKSTORE February 2008 Attorney Escrow Accounts, Insurance Law Practice, Second Edition (2006) Second Edition (2006) NEW! The Second Edition offers comprehensive coverage Completely updated, the Second Edition provides a Entertainment Litigation (2007) of the most common situations involving client funds comprehensive approach to this complex area of the This new reference covers the fundamental issues and clearly discusses the legal and ethical issues law. Includes five new chapters on disability insurance, that are central to a creative artist’s career. 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Practitioners new to the field, as well as the Expand your professional knowledge nonattorney, will benefit from the book’s clear, well-organized coverage of what can be a very NEW YORK STATE BAR ASSOCIATION complex area of law. 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0218 Mention Code: PUB0000 JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City Thomas E. Myers Syracuse John B. Nesbitt Lyons Eugene E. Peckham Binghamton Gary D. Spivey Albany EDITOR EMERITUS Eugene C. Gerhart Binghamton MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF ASSISTANT EDITOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] EUGENE C. GERHART Editor-in-Chief, 1961–1998 CONTENTS FEBRUARY 2008 REMEMBERING JAMES M. FLAVIN The Origins (and Unintended Consequences) of Online Legal Research BY GARY D. SPIVEY 10 Cover photo of James Flavin, courtesy of the Flavin family. Letter DEPARTMENTS on fi le at New York State Law Reporting Bureau. 5 President’s Message 8 CLE Seminar Schedule 20 Burden of Proof 26 Eugene C. Gerhart (1912–2007), BY DAVID PAUL HOROWITZ Jackson Biographer 47 Computers & the Law BY JOHN Q. BARRETT BY DAVID P. M IRANDA 49 Presentation Skills for Lawyers 30 Saving Clients From Themselves BY ELLIOTT WILCOX Immigration Compliance Is Less About 50 Empire State Counsel Immigration Law Than Good Legal Advice 52 Attorney Professionalism Forum BY JOHN R. BUNKER 54 Language Tips 2007 Criminal Law Legislation BY GERTRUDE BLOCK 35 BY BARRY KAMINS 58 New Members Welcomed 61 Classified Notices 42 New York State Consumer Protection 61 Index to Advertisers Law and Class Actions in 2007 – Part I 63 2007–2008 Officers BY THOMAS A. DICKERSON 64 The Legal Writer BY GERALD LEBOVITS CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2008 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publication of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/ August, September, October, November/December. Single copies $20. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | February 2008 | 3 PRESIDENT’S MESSAGE KATHRYN GRANT MADIGAN 74,000 Strong and Growing! t the end of 2007, our urging Sections to think strategically