James M Mcguire

February 14, 2022 | New York Law Journal

Regardless of the extent to which reasonable minds may agree or disagree on his stated policies, District Attorney Bragg has overstepped his role and failed to meet obligations under the New York Constitution.

By James M. McGuire

7 minute read

April 01, 2016 | New York Law Journal

In 1906, Roscoe Pound presented "The Causes of Popular Dissatisfaction with the Administration of Justice" to the ABA convention. The essay's insights and scholarship are as deep as it is timeless. More to the point, it puts into historical perspective the current popular dissatisfaction about the appropriate response by the president and the Senate to Justice Antonin Scalia's death.

By James M. McGuire

8 minute read

March 10, 2016 | New York Law Journal

I had the unexpected pleasure of meeting and chatting with Justice Antonin Scalia in 2005 when I was a justice of the Appellate Division, First Department. I quoted several delicious statements in his opinions, and we talked in particular about one biting but hilarious footnote, note 13 in 'Blakely v. Washington'.

By James M. McGuire

3 minute read

December 09, 2013 | New York Law Journal

James M. McGuire, a partner at Dechert, reviews the Court of Appeals' recent affirmations of the depraved indifference murder convictions of three automobile drivers who either were highly intoxicated or under the influence of drugs, holdings that illustrate the court's ongoing struggle with the consequences of its controversial 2006 decision to overrule 'People v. Register.'

By James M. McGuire

15 minute read

August 27, 2012 | New York Law Journal

James M. McGuire and Steven A. Engel, partners at Dechert, write: The highly fact-sensitive nature of CPLR 5519(c) applications and the Appellate Division's broad discretion make it impracticable to attempt to shed much light on what arguments are likely to be of particular importance in persuading either the duty judge or a full panel of the court to grant or deny relief under CPLR 5519(c). Nonetheless, a couple of points can be made.

By James M. McGuire and Steven A. Engel

14 minute read

September 24, 2003 | New York Law Journal

Formerly counsel to Governor George Pataki and now a partner at White & Case, James M. McGuire argues that "the no-alteration rule prevents the Legislature from having all the power over such disputes and ensures a perfect balance of powers. Indeed, the no-alteration clause is essential to our Executive budgeting system."

By James M. McGuire

7 minute read

March 30, 2009 | New York Law Journal

James M. McGuire, an associate justice of the Appellate Division, First Department, writes: The adverse impact of the financial crisis on law firms presents an opportunity for the soon-to-be lawyers whose promising careers have been put on hold, for the firms, for the court on which I'm privileged to serve and, I think, for the public. Why not invite these new attorneys to work with the justices of this court as law clerks? We certainly could use their help, and I'm confident they would be greatly enriched by the writing and analytic skills they would hone and by the knowledge, both substantive and procedural, they would acquire.

By James M. McGuire

7 minute read