New York Law Journal | Commentary
By Roger Juan Maldonado and Victoria Neilson | September 30, 2019
The stakes for people in immigration court proceedings could not be higher. Deportation can, as the Supreme Court recognized almost a century ago, deprive a noncitizen of "all that makes life worth living." Yet for the past two years, the integrity of immigration judges' adjudications has been under attack.
New York Law Journal | Commentary
By LiJia Gong | September 30, 2019
Perhaps most alarmingly, hidden nondefense presents a backdoor way of advocating to undermine or invalidate state laws that have been passed by democratically-elected legislatures—while avoiding political consequences.
New York Law Journal | Commentary
By Vivia Chen | September 25, 2019
If Judge Preska's sarcasm is any indication, the Dershowitz team should be sweating.
New York Law Journal | Commentary
By John Moscow and Adam Kaufmann | September 24, 2019
Without getting into arcane discussions of federalism, the larger point is that the substance of Mr. Trump's argument is awe-inspiring in its threat to our institutions. This issue is not about this particular president; rather it is about the rule of law.
New York Law Journal | Commentary
By Joel Cohen | September 24, 2019
We do want and expect judges to bring experience, real-world knowledge and common sense to the table when they decide cases. We also, though, need to have a reasonable idea of how they have reached their determinations.
New York Law Journal | Commentary
By Jennifer A. Gundlach, Lynn Kelly, Robyn Tarnofsky and Bernadette Gargano | September 20, 2019
Unfortunately, most federal courts around the country have not yet truly begun to address the needs of unrepresented civil litigants, and instead, rely on their clerks' offices to provide first-line resources to those parties. But as court employees and non-lawyers, clerks cannot give legal advice.
New York Law Journal | Commentary
By Alan E. Rothman | September 20, 2019
An early vetting rule is a modest, simple and cost-effective reform to a problem of mega proportions for the federal docket and litigants.
New York Law Journal | Commentary
By John R. Low-Beer | September 18, 2019
Making a motion you cannot win is usually sanctionable—but here, it is actually required.
New York Law Journal | Commentary
By Jim Montagnino | September 13, 2019
This commentary examines the question of whether the Appellate Division in the Third Judicial Department has been affording litigants the benefit of this two-tiered analysis in child custody cases.
New York Law Journal | Commentary
By Sondra Miller | September 12, 2019
I write to provide some historical perspective and add my voice in support of the present law, which provides that Attorneys for Children must represent to the court the child's wishes (unless the child is too young, is incapable of expressing his/her wishes, or if the child's wishes would endanger his/her health or welfare), rather than the attorney's own opinion of the child's best interest.
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