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May 01, 2024 | New York Law Journal

Adultery, Fault Divorce, and Morals: A Complex Cocktail

If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.
6 minute read
May 01, 2024 | New York Law Journal

Prosecuted for a Proffer

A recent development in the corruption prosecution of Senator Robert Menendez should set off alarm bells in the white-collar defense bar. While prosecutors have often sought to use statements made by counsel against defendants, bringing criminal charges against a client based on information conveyed during an attorney proffer is unprecedented.
8 minute read
May 01, 2024 | New York Law Journal

Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
7 minute read
May 01, 2024 | New York Law Journal

Saving Our Republic

Bar associations and a variety of civic groups across the country are working overtime to preserve our democratic norms and the rule of law—and these efforts are deep and broad.
6 minute read
May 01, 2024 | New York Law Journal

How New York Selects and Elects Its Judges

Understanding how elections work is essential to any basic understanding of how democracies function. But New Yorkers, in my experience, know very little about how judges are chosen in our state, even though most people appreciate that the courts have a profound impact on their lives.
9 minute read
Law Journal Press | Digital Book New Jersey Local Government Deskbook 2024 Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C. View this Book

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May 01, 2024 | New York Law Journal

The Case for Moving NYC Elections to Even-Numbered Years

Consolidating city elections with races for president or governor is the easiest way to increase the number of New Yorkers voting in races for key city offices. Not only will this dramatically boost voter turnout, it will lead to a more diverse, inclusive electorate.
6 minute read
May 01, 2024 | New York Law Journal

A Recommitment to Civic Engagement

The ability to exchange ideas with others around the globe in real time is a technological marvel that has provided the world with considerable positive outcomes. Conversely, the digital world has also provided society with situations not immediately apparent in 1996.
6 minute read
May 01, 2024 | New York Law Journal

Integrity and Moderation: Fostering Faith in the Judiciary

The authority and legitimacy of courts to resolve legal disputes lies at the very heart of the democracy that we shape through our vote.
5 minute read
May 01, 2024 | New York Law Journal

Giving a Stronger Voice to Smaller Donors

New York's Public Campaign Finance Program, which boosts the value of constituents' small campaign donations with government funding, is in effect for the first time for the 2024 state legislative elections. This is an investment in civic participation at a time when American democracy really needs it.
6 minute read
May 01, 2024 | New York Law Journal

Let's Get Engaged!

As a court system, we must educate the public and our youth about the role of the Judiciary and the importance of our courts in our democratic system of government.
5 minute read

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