New York Law Journal | Letter to the Editor
By Alani Golanski | January 8, 2024
It is questionable whether New York jurisprudence requires the state's trial and appellate justices to abide a Court of Appeals ruling on a federal constitutional matter that has been effectively nullified by the U.S. Supreme Court, a law firm partner writes.
New York Law Journal | Letter to the Editor
By Janet Neustaetter and Louise Feld | January 5, 2024
Attorneys from the Children's Law Center express support for a proposal outlined in a recent New York Law Journal column.
New York Law Journal | Commentary
By Norman A. Olch | December 28, 2023
The duty of lawyers coming to the defense of judges is aspirational and involves defending judges because the judge's rationale for his or her ruling is confined to the explanation provided in the ruling itself. But criticisms of United States Supreme Court Justices Samuel Alito and Clarence Thomas are not directed at their rulings but at their conduct—accepting financial assistance or perks and failing to disclose them.
New York Law Journal | Commentary
By Joel Cohen | December 21, 2023
The presidents of Harvard University, the University of Pennsylvania and MIT and the lawyers who prepared them certainly recognized that they would be roasted by at least one or two members of the Congressional committee. And they were undoubtedly correct that hate speech on campus would depend on the "context" in which it was made, a Law Journal columnist writes. But would any intelligent, well-prepared, witness, even testifying truthfully, want to hand a loaded gun to her interrogator, enabling her to aggressively question her as U.S. Rep. Elise Stefanik so ably did?
New York Law Journal | Commentary
By Mark A. Behrens | December 20, 2023
A Shook, Hardy & Bacon practice chair writes that Gov. Kathy Hochul should again veto proposals before her that would allow out-of-state plaintiffs to sue out-of-state businesses in New York and greatly expand damages and increase the pool of people who can file wrongful death lawsuits.
New York Law Journal | Commentary
By Joseph W. Belluck and Robert H. Tembeckjian | December 19, 2023
A bill before the State Assembly would change the State Commission on Judicial Conduct's funding process to mirror the way the annual judicial branch budget is handled, respecting the separation-of-powers principle and recognizing that the commission is created in the judiciary articles of the state constitution and statute, rather than an executive branch agency reporting to the governor.
New York Law Journal | Commentary
By Susan J. Kohlmann and Stephanie Holmes | December 18, 2023
Drawing on observations gathered by a delegation of New York City Bar Association members who visited the troubled jail complex on Rikers Island, the organization has joined a chorus of voices calling for the facility to be placed into federal receivership.
By Richard C. Lewis | December 13, 2023
In the 21st century, thanks to the internet and a wide array of other technologies, a traditional "brick and mortar" office is not only moot, but unduly burdensome on those wishing to practice law in New York state, the president of the New York State Bar Association writes.
New York Law Journal | Commentary
By Bennett L. Gershman | December 11, 2023
Tyrants depend on lawyers to retain power, seek retribution against enemies, and suppress dissent, a Law Journal columnist writes.
New York Law Journal | Commentary
By Linda M. Jackson and Brian Farkas | December 7, 2023
New York state is poised to enact a radical change to its employment laws: the elimination of all noncompetition agreements. A sweeping bill passed by the state Legislature in June 2023 now awaits signature from Governor Kathy Hochul, who is considering the measure. Although well-intentioned, this legislation is deeply misguided. The governor would be wise to reject it.
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