Daniel J Kornstein

October 08, 2019 | New York Law Journal

Comparisons between law and chess are common enough. Many articles have explored that metaphor and explained how the two fields are similar—up to a point. The literature is full of such analyses. But such studies are typically no more than short articles. Now we have a new book on the subject, and it is a good one.

By Daniel J. Kornstein

5 minute read

December 10, 2018 | New York Law Journal

But is our Democracy so ideal? Is it worth exporting? Is it even real? Is it endangered? What do we even mean by Democracy?.

By Daniel J. Kornstein

8 minute read

April 20, 2018 | New York Law Journal

Holmes should be a hero, as yet unsung, of the #MeToo movement. He is sensitive and aware of the embarrassment and shame felt by a victim of sexual assault. He provides new support for any victim criticized for not reporting an incident sooner. Holmes's comments should be cited in any brief on the point.

By Daniel J. Kornstein

4 minute read

October 02, 2017 | New York Law Journal

Daniel J. Kornstein writes: I was startled by an article in the New York Times recently about Judge Richard Posner. "I pay very little attention to legal rules, statutes, constitutional provisions," he said. "A case is just a dispute. The first thing you do is ask yourself—forget about the law—what is sensible resolution of this dispute?" What is going on here?

By Daniel J. Kornstein

4 minute read

July 13, 2017 | New York Law Journal

The eloquence of counsel; the excitement of the courtroom; the art of the cross-examination, litigation strategy and tactics; the tension and uncertainty of outcome; the battle of wits—all these are on display in great profusion in autobiographies of trial lawyers. "The Client Decides," by retired Paul Weiss litigator Martin London, is no exception.

By Daniel J. Kornstein

5 minute read

July 20, 2016 | New York Law Journal

Our 2016 presidential election campaign, already filled with ugly insults and sordid character assassination, raises questions about democracy. For example, are democracies by their nature susceptible to demagogues? Is there a line past which negative campaigns should not cross? Should political candidates and their operatives be exempt from the ordinary rules governing defamation?

By Daniel J. Kornstein

12 minute read

February 18, 2015 | New York Law Journal

By now we have a good idea of what is in the recent Senate Torture Report even without reading it. As soon as it became public in December, the media educated us, and in the process seared our consciences about the awful things done in our name. Even so, it is still well worth reading the actual report.

By Daniel J. Kornstein

8 minute read

February 17, 2015 | New York Law Journal

By now we have a good idea of what is in the recent Senate Torture Report even without reading it. As soon as it became public in December, the media educated us, and in the process seared our consciences about the awful things done in our name. Even so, it is still well worth reading the actual report.

By Daniel J. Kornstein

8 minute read

September 26, 2014 | New York Law Journal

Daniel J. Kornstein writes: As we age, we see things differently. Living adds nuance and texture to our perception and our understanding. This truth applies to books we read in our youth. Have you ever reread a book, especially a book that you liked a lot or made a great impact on you when you were in school? Rereading is an enlightening experience.

By Daniel J. Kornstein

7 minute read

June 30, 2014 | New York Law Journal

Women lawyers might have a new role model. A revived Marvel comic book series heralds the re-appearance of this legal superstar.

By Daniel J. Kornstein

8 minute read