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 | Letter to the Editor
By Sidney Baumgarten | September 17, 2019
I expected these associations to seriously lobby for needed reforms in the judicial system, but they have rarely done so except for when the fortunes of the "white-shoe law firms" are at stake.
New York Law Journal | Letter to the Editor
By Michael B. Mushlin and William E. Hellerstein | September 13, 2019
Lost in all the attention that has been focused on the Jeffrey Epstein case and the Metropolitan Correctional Center is the critical role the United States Supreme Court played in permitting the MCC to be a site where suicide and other mayhem is more likely to occur.
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.
New York Law Journal | Commentary
By William C. Donnino | September 10, 2019
The Guide has already been favorably received by some courts, including the Appellate Division.
New York Law Journal | Commentary
By Evan T. Barr | September 6, 2019
Based on the publicly available evidence, a civil forfeiture action against Epstein's $77 million Manhattan townhouse to recover assets for eventual distribution to his alleged victims would almost certainly be time-barred under the statute of limitations applicable in such cases, raising the prospect that the government has waited far too long to pursue such a remedy.
New York Law Journal | Commentary
By Howard A. Levine | September 6, 2019
The significance of the dissent remains more academic than real. Nonetheless, given the closeness of the vote in '159 MP Corp.', I believe that an in-depth analysis of the dissent, and its implications for supplanting the plain language paradigm, is worthwhile.
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