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Bennett L Gershman

Bennett L Gershman

February 06, 2023 | New York Law Journal

Governor Hochul: To Be Tough on Crime, Get Rid of Bad Prosecutors

One 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 Durham

With 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 Theocracy

This 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 Trump

Even 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 Decision

Once 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 Amendment

Did 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