Joel Cohen

Joel Cohen

October 07, 2024 | New York Law Journal

The Broken Agreement With KSM, and Civilian Prosecutions

Khalid Shaikh Mohammed (KSM) may be the least sympathetic living figure in America— although he remains offshore (outside America). That's a fact designed to keep him away from American civilian courts.

By Joel Cohen

10 minute read

September 25, 2024 | New York Law Journal

The Leaked Chief Justice Roberts In-House Memo

If Chief Justice John Roberts Jr. doesn't identify who leaked his memo to The New York Times, he risks a continued inability to candidly communicate with his colleagues in any meaningful way or a public that continues to lack confidence in its highest court, the Law Journal's Joel Cohen writes.

By Joel Cohen

7 minute read

August 28, 2024 | New York Law Journal

Obtaining the Criminal Client's Story

Many clients often lie to their criminal lawyers about something, not to mention that they lie to themselves, or tend to "forget" certain imposing facts, Law Journal columnist Joel Cohen writes. How might criminal practitioners manage defendants' recitation of their facts?

By Joel Cohen

8 minute read

August 12, 2024 | New York Law Journal

May Counsel Appropriately Make Non-Privileged Emails Privileged?

"An email is simply privileged, or it isn't," writes Joel Cohen. "But what about when counsel tries to make virtually all his client's emails—at least important emails—appear to be so?

By Joel Cohen

8 minute read

August 07, 2024 | New York Law Journal

Is Courthouse Sacrosanctity a Thing of Yesteryear?

There was a time that a draft decision of a court remained securely under wraps until the decision was final and intended for public release. And it used to also be that the oral or written communications among judges on a court likewise would remain "in the vault."

By Joel Cohen and Bonnie M. Baker

7 minute read

July 15, 2024 | New York Law Journal

Judging With the Use of AI

Antediluvians like me are typically resistant to change—particularly when it comes to using computers. Frankly, I border on electrocuting myself…

By Joel Cohen

8 minute read

June 14, 2024 | New York Law Journal

How a Father Might Teach Lawyering

Easy to imagine. Your father is a lawyer, and that's why you want to become one. But do you really need him waxing poetic about Marbury, Palsgraf…

By Joel Cohen with Jonathan A. Fier

9 minute read

June 10, 2024 | New York Law Journal

Do TV 'Talking Heads' Potentially Taint Jurors?

In this article, Joel Cohen considers the effects that political TV "experts" may have on jurors and assesses them through the lens of the New York County 'Trump' trial.

By Joel Cohen

10 minute read

May 13, 2024 | New York Law Journal

Unbenched: Why Former Judges Should Out Faults in Criminal Law

Stephen Breyer's book may have been panned by critics—a New York Times reviewer, for instance, called it "exasperating." But Law Journal columnist Joel Cohen writes that retired judges are uniquely positioned to address pressing issues in criminal justice.

By Joel Cohen

8 minute read

April 23, 2024 | New York Law Journal

Trump: If the Public Doesn't Remember This, It Should

Weighing in on Donald Trump's criminal trial in Manhattan, two veteran criminal defense attorneys say that the defense will have to deal with the prosecution's theory of why the payments were made—and create its own countertheory.

By Joel Cohen and Laura A. Brevetti

5 minute read