Gerald J. Whalen

January 11, 2019 | New York Law Journal

Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Department, writes: Public faith and judicial independence demands that we work against such perceptions in order to ensure that our own legacy is one of leaving the courthouse stronger than we found it.

By Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department

5 minute read

April 30, 2018 | New York Law Journal

The bulwark of a strong and independent judiciary is necessary to protect our country against such momentary passions—compelling though they may be—for if we fail in that, we lose our very foundation.

By Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department

7 minute read

January 19, 2018 | New York Law Journal

Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Department, writes: Our oath to uphold the Constitution is an active duty assignment. Vigilance may not require perfection; nonetheless we are expected to be perfect in our earnestness to fulfill our duty. The promises that have been made require no less.

By Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department

4 minute read

May 01, 2017 | New York Law Journal

Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Department, writes: The great import and utility of the equal protection clause of the 14th Amendment cannot be overstated, and its accomplishments in spreading our founding ideals to every corner of this nation are well known. For these accomplishments, the federal courts deserve much credit. But it is also important to remember that, at one point in American history, it was the state courts, deploying state law, that lead the charge for equal and evenhanded justice.

By Gerald J. Whalen

17 minute read

January 23, 2017 | New York Law Journal

Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Department, discusses the pros and cons of streaming oral arguments over the Internet, which the Fourth Department started doing on Jan. 9, 2017.

By Gerald J. Whalen

13 minute read

April 29, 2016 | New York Law Journal

Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Department, writes: The 'Miranda' rule did not emerge from a historical vacuum—it was actually the capstone of a multi-century struggle in Anglo-American jurisprudence to enforce the evidentiary rule against admitting involuntary confessions.

By Gerald J. Whalen

17 minute read