THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 2004 Vol. 59, No. 2 THE NORTHERN IRELAND PEACE PROCESS Criminal Justice Reforms Six Years After the Accords V O L. 5 9, N O. 2 ◆ 2004 281 THE RECORD 2004 Vol. 59, No. 2 Contents OF NOTE 283 PRESIDENT’S FAREWELL ADDRESS E. Leo Milonas 300 PRESIDENT’S INAUGURAL ADDRESS Bettina B. Plevan 308 NORTHERN IRELAND: A REPORT BY A MISSION OF THE 314 COMMITTEE ON INTERNATIONAL HUMAN RIGHTS by Gerald P. Conroy, Fiona Doherty, Sam Scott Miller, Marny Requa, Barbara Paul Robinson and Sidney H. Stein “ONE PERSON, ONE VOTE“: THE U.S. ELECTORAL SYSTEM AND THE 374 FUNCTIONAL CONSTITUENCIES EMBODIED IN THE BASIC LAW FOR THE ELECTION OF THE CHIEF EXECUTIVE AND OF THE LEGISLATIVE COUNCIL by the Committee on International Human Rights and the Committee on Asian Affairs LAW DEPARTMENT OF THE 394 SUPREME COURT OF THE STATE OF NEW YORK by the Committee on State Courts of Superior Jurisdiction TIERING AND THE FOREIGN SOVEREIGN IMMUNITIES 405 ACTS AFTER DOLE The Committee on Federal Courts Reports by The Committee on Professional and Judicial Ethics FORMAL OPINION 2003-04: OBLIGATIONS UPON RECEIVING A 420 COMMUNICATION CONTAINING CONFIDENCES OR SECRETS NOT INTENDED FOR THE RECIPIENT FORMAL OPINION 2004-01: LAWYERS IN CLASS ACTIONS 435 FORMAL OPINION 2004-02: REPRESENTING CORPORATIONS 447 AND THEIR CONSTITUENTS IN THE CONTEXT OF GOVERNMENTAL INVESTIGATIONS REVISED ARTICLE 1 OF THE UNIFORM COMMERCIAL CODE 466 The Committee on Uniform State Laws Cover photo courtesy of the BBC THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published four times a year 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. Periodi- cals 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 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 © 2004 The Asso- ciation of the Bar of the CityT of H New E R York. E C AllO Rrights D reserved. 282 Of Note THE FOLLOWING CANDIDATES HAVE BEEN ELECTED TO THE VARIOUS Association offices and committees for 2004-2005: President Bettina B. Plevan Vice Presidents Mark G. Cunha Mary Jo White Alvin K. Hellerstein Treasurer Helaine M. Barnett Secretary Cyrus D. Mehta Members of the Executive Committee Class of 2008 Norman L. Greene John S. Kiernan Peter M. Kougasian George Wheeler Madison Members of the Committee on Audit Donald S. Bernstein Elizabeth D. Moore Laurie Berke-Weiss THE NOMINATING COMMITTEE FOR 2004-2005 CONSISTS OF: ROGER J. Maldanado (Chair); Richard T. Andrias, Deborah A. Batts, L. Priscilla Hall, Deborah Masucci, Thomas H. Moreland, and Benito Romano. The Executive Committee has elected Barry M. Kamins Chair and An- drew A. Scherer Secretary for 2004-2005. ❊ THE FIFTEENTH ANNUAL LEGAL SERVICES AWARDS WERE PRESENTED V O L. 5 9, N O. 2 ◆ 2004 283 O F N O T E to honor attorneys who provide outstanding civil legal assistance to New York’s poor. Hon. Judith S. Kaye, Chief Judge of the New York Court of Ap- peals, presented the awards at a reception on May 13 at the Association. This year’s recipients are: Sally Deluca, Senior Staff Attorney, Legal Services for New York City Brooklyn Branch; Rubin Englard, Senior Staff Attorney, Legal Services of New York Manhattan Branch; Elisa Hyman, Deputy Director, Advocates for Children of New York, Inc.; Ronald S. Languedoc, Co-Director of the Housing Unit, South Brooklyn Legal Ser- vices, Inc.; and Patricia Murray, Senior Staff Attorney, Brooklyn Legal Ser- vices Corporation A. The awards, endowed by a contribution from the Horace W. Gold- smith Foundation, are administered by the Special Committee on the Legal Services Awards (John Kiernan, Chair). ❊ THE 2004 BOTEIN AWARDS, A RECOGNITION OF THE PERSONNEL AT- tached to the courts of the First Judicial Department, were presented at the Association on March 29, 2004. The Hon. John T. Buckley, Presiding Justice of the Supreme Court of the State of New York, Appellate Division, First Department, presented the awards. The Awards, dedicated to the memory of Bernard Botein, former Presi- dent of the Association, and Presiding Justice of the First Department, have been presented annually since 1976 to pay tribute to court person- nel in the First Department who have made outstanding contributions to the administration of the courts. This year’s recipients are: Jeffrey E. Carucci, Deputy Chief Clerk, Su- preme Court, New York County, Civil Branch; Michael Colodner, Coun- sel, Office of Court Administration; Alan J. Murphy, Chief Clerk, Supreme Court, New York County, Criminal Branch; and Ronald Uzenski, Court Clerk Specialist, Appellate Division, First Department. The awards are made possible by a grant from the Ruth and Seymour Klein Foundation, Inc. ❊ THE THIRTEENTH 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 1 at the Association. Hon. Denise L. Cote, Judge of the United States. District Court T H E R E C O R D 284 O F N O T E for the Southern District of New York, delivered welcoming remarks and Association President Betsy Plevan presented the medals. This year’s recipients are: Daniel R. Alonso, Eastern District/Criminal Division; Kevin P. Mulry, Eastern District/Civil Division; Cathy Seibel, South- ern District/Criminal Division; and Beth E. Goldman, Southern District/ Civil Division. The Stimson Medal, made possible by the firm of Pillsbury Winthrop, honors Mr. Stimson, who served as United States Attorney for the South- ern District from 1906-1909 during a career of distinguished public service. The awards are sponsored by the Committee on the Stimson Medal (Mark R. Hellerer, Chair) and the Committee on Federal Courts (Thomas H. Moreland, Chair). ❊ HON. LEWIS A. KAPLAN, UNITED STATES DISTRICT JUDGE OF THE SOUTH- ern District of New York, presented the Association’s annual Municipal Affairs Awards on June 21. The Awards are given to lawyers from the New York City Law Department who have demonstrated outstanding perfor- mance. This year’s recipients are: Theresa Wilson-Campbell, Family Court Division, Queens; Jared Hatcliffe, Tort Division, Queens; Sheryl R. Neufeld, Administrative Law Division; Concepcion Montoya, Special Federal Liti- gation Division; and Scott Shorr, Appeals Division. The awards are sponsored by the Committee on New York City Af- fairs (Frances Milberg, Chair). ❊ THREE OUTSTANDING MINORITY STUDENTS AT NEW YORK AREA LAW schools have been awarded Thurgood Marshall Fellowships for the 2004- 2005 academic year. The program provides three exceptional minority stu- dents from New York area law schools the opportunity to work with the Association to advance the goals of civil rights and equal justice. Fellow- ships have been awarded to Luz Medrano of CUNY School of Law, Brooke Sealy of Columbia University School of Law and Jenny Yun of Fordham University School of Law. Ms. Medrano and Ms. Yun will assist the City Bar Fund and Ms. Sealy will work with the Association’s Civil Rights Committee. 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- V O L. 5 9, N O. 2 ◆ 2004 285 O F N O T E lected by the Association’s Committee on the Thurgood Marshall Fellow- ship Program, chaired by Daniel C. Richman. ❊ THE FOLLOWING ARE THE CHAIRS OF ASSOCATION COMMITTEES FOR the 2004-05 year: Brad Laurence Berman, (Admiralty); Elaine S. Reiss (Administrative Law); Andrew Maloney (Aeronautics); Jonathan Givner (AIDS); David P. Stoelting (African Affairs); William Hammond (Alcoholism and Substance Abuse); Kenneth L. Andrichik (Alternative Dispute Resolution); Wayne Dale Collins (Antitrust and Trade Regulation); Robert B. Davidson (Arbi- tration); Barry H. Garfinkel (Leslie H. Arps Memorial Lecture); Howard Speigler (Art Law); Nicolas C. Howson (Asian Affairs); Burton M. Fine (Association Insurance Plans); Bradley K. Sabel (Banking Law); Marc R. Abrams (Bankruptcy and Corporate Reorganization); Lawrence Kevin Cagney (Benefit Plans for Association Employees); John E. Linville (Bioethical Is- sues); Lisa M. Stenson (Books-at-the-Bar); Jeffrey J. Kirchmeier (Capital Punishment); Lynette P. Koppel (Career Advancement and Management); Eric Brettschneider (Council on Children); Frederic Paul Schneider (Chil- dren and the Law); Sara S. Portnoy (Citybar Public Service Network); Paul Matthew Hellegers (Civil Court of the City of New York); David A. Schulz (Communications and Media Law); Barbara Anthony (Consumer Affairs); Joel Ditchik (Condemnation and Tax Certiorari); Burton N. Lipshie (Con- tinuing Legal Education (CLE)); Michael T. Manzi (Cooperative and Con- dominium Law); Robert W. Clarida (Copyright and Literary Property); Mark S. Wojciechowski (Corporation Law); Daniel R. Alonso (Criminal Advocacy); John L. Pollok (Criminal Courts); John H. Doyle III (Criminal Justice); Judith E. White (Criminal Justice Operations and Budget); Marjorie J. Peerce (Criminal Law); James E. Brumm (Delegation to the International Bar Association); Thomas H. Moreland (Delegation to the New York State Bar Association); Liberty Aldrich (Domestic Violence); Jonathan S. Rosenberg (Education and the Law); Lawrence Laufer (Election Law); Andrea Shawn Rattner (Employee Benefits); Leslie G. Leach (Encourage Judicial Service); Richard S. Green (Energy); Donald G. Kempf, Jr. (Enhance Diversity in the Profession); Martha Cohen Stine (Entertainment); Rosalind S. Lichter (Entertainment Law); Eileen D.