August 07, 2023 | New York Law Journal
Intimidation by Another Name: Attacking Judges With Good Government Rhetoric and the Chilling Effect on Judicial IndependenceThe authors of a recent report naming New York judges who are allegedly more likely to order pretrial detention for criminal defendants provided a rambling and highly defensive response to criticism of their work by former Appellate Division, First Department Presiding Justice Rolando Acosta and 12 judicial associations—and ignored the point that irresponsible criticism of judges has a chilling effect on judicial independence, a former president of both the New York State Bar Association and the New York County Lawyers' Association writes.
By Michael Miller
10 minute read
May 11, 2022 | New York Law Journal
The Government's Next Insider Trading Target: Block TradingThis article discusses how the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
By Michael Miller and Daniel Podair
12 minute read
February 16, 2021 | New York Law Journal
NY's Speedy Trial Laws in the Age of COVID-19The combination of 2020's discovery reform, the COVID-19 pandemic, the speedy trial suspension and the growing wave of unindicted felony cases has created a perfect storm that is bound to have a profound impact on criminal caseloads and trials for months to come.
By Michael Miller and Jennie Shulkin
10 minute read
July 21, 2020 | New York Law Journal
Diploma Privilege Proposal Is 'Deeply Flawed'The license to practice law in New York has long been considered the international gold standard. While the pressures on recent graduates are considerable and painful, they are only at the beginning of their careers in our great profession.
By Michael Miller
8 minute read
May 17, 2019 | New York Law Journal
Close New York's Double Jeopardy LoopholeThe president does not have the authority to pardon state offenses, but a presidential pardon could still put an end to a state prosecution. Under Article 40 of New York's Criminal Procedure Law, double jeopardy attaches after a defendant has pled guilty or proceeded to trial in federal court.
By Michael Miller
3 minute read
April 30, 2019 | New York Law Journal
We Must Protect 'One of the Greatest Bulwarks of Liberty'Michael Miller, President of the New York State Bar Association, writes: We dare not sit idly by on the sidelines as witnesses to the erosion of public confidence in the fundamental institutions of democracy and freedom. The oath that each of us took to protect and defend the Constitution of the United States gives us a special obligation.
By Michael Miller, President, New York State Bar Association
5 minute read
March 06, 2019 | New York Law Journal
It's Time to Fix NY's Broken Court SystemDespite being called the Unified Court System, it is anything but. There are 11 different trial courts and multiple levels of appellate courts, far more than any other state in the nation.
By Michael Miller and Henry M. Greenberg
5 minute read
January 11, 2019 | New York Law Journal
What We Do: Service to the Public and the ProfessionMichael Miller, President of the New York State Bar Association, calls upon members to celebrate the NYSBA's mission: Service to the public and the profession.
By Michael Miller, President, New York State Bar Association
3 minute read
November 28, 2018 | New York Law Journal
Protect the Innocent, Prevent Wrongful ConvictionThe number of exonerations in New York undermines the assumption that we sufficiently protect the innocent. It is of paramount importance to all New Yorkers and all Americans that the entire criminal justice system work together to ensure only the guilty are convicted.
By Michael Miller
4 minute read
November 08, 2018 | New York Law Journal
Now More Than Ever, Lawyers Need to Be LeadersAt the New York State Bar Association's most recent House of Delegates meeting, I chose to jettison my planned remarks on recent association activities…
By Michael Miller
4 minute read
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