February 06, 2023 | New York Law Journal
Governor Hochul: To Be Tough on Crime, Get Rid of Bad ProsecutorsOne thing is inescapably clear. Just as New York state's Judicial Conduct Commission dramatically reformed the way judges in New York state conduct themselves, the Prosecutor Conduct Commission will almost certainly produce the same positive result.
By Bennett L. Gershman
6 minute read
November 16, 2022 | New York Law Journal
Should These Justices Have Attended the Federalist Society Celebration?Was it appropriate for these Supreme Court Justices to attend this extrajudicial social gathering, where they are praised for decisions that destroyed a woman's reproductive freedom and elevated gun rights to astonishing constitutional preeminence, especially when these Justices owe their membership on the Supreme Court and their reputations, at least in part, to the Federalist Society?
By Bennett L. Gershman
6 minute read
October 27, 2022 | New York Law Journal
Requiem for John DurhamWith nothing to show for his investigation, Durham likely regrets agreeing to be Trump and Barr's "hatchet man."
By Bennett L. Gershman
6 minute read
October 04, 2022 | New York Law Journal
Pray To Play: The Supreme Court Crusade for American TheocracyThis is a new Court, a radical Court, a Court dominated by Justices doing radical things with the Constitution.
By Bennett L. Gershman
6 minute read
August 25, 2022 | New York Law Journal
Cruel Justice: Gratuitous Cruelty in Justice Thomas's Jurisprudence"There is another quality in Justice Thomas's jurisprudence that needs to be noted, and which has not been sufficiently examined: the gratuitous cruelty in some of his opinions."
By Bennett L. Gershman
7 minute read
August 16, 2022 | New York Law Journal
May a Lawyer Purport To Speak the Truth Even When She Doesn't Actually 'Know' It?To use lay terminology, does he or she know what they're talking about? Or may a lawyer simply make a bold declaration about facts without knowing whether they are true?
By Joel Cohen and Bennett L. Gershman
7 minute read
July 15, 2022 | New York Law Journal
Why Prosecutors Might Fear Prosecuting TrumpEven with powerful evidence of guilt, prosecutors will face daunting challenges to persuade a jury of Trump's guilt, and then defend that conviction in appellate courtrooms.
By Bennett L. Gershman and Joel Cohen
7 minute read
March 30, 2022 | New York Law Journal
A Perverse DecisionOnce again, John Giuca's struggle to prove that his 2005 murder conviction was tainted by a Brooklyn prosecutor's extensive misconduct has been thwarted.
By Bennett L. Gershman
8 minute read
January 06, 2022 | New York Law Journal
Making a Shambles of the First AmendmentDid Judge Wood carefully analyze legal issues correctly? Was his reasoning coherent, logical, and based on a correct application of law? Did he cite legal authority carefully and responsibly?
By Bennett L. Gershman
8 minute read
November 18, 2021 | New York Law Journal
Do Prosecutors Get Special Treatment From Bar Disciplinary Agencies?Prosecutors are the most powerful public officials in America and have the power to destroy people's lives. But prosecutors are rarely sanctioned when they break the rules.
By Ellen C. Yaroshefsky and Bennett L. Gershman
8 minute read
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