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New York Law Journal

Lawyers Learning to Lead

Many law schools now treat leadership as a trainable skill, rather than an inherent quality, and many of our recently graduated colleagues have received a formal education in leadership that will benefit our profession and our society, writes the presiding justice of the Appellate Division, Third Department
4 minute read

New York Law Journal

A Long Way . . . and a Long Time Coming

While New York's court system has made strides to improve diversity on the bench, there is still work to do to ensure that the racial makeup of the judiciary better reflects the people it serves, the presiding justice of the Appellate Division, First Department writes.
7 minute read

New York Law Journal

Energizing Civic Engagement in New York

Failure in civics education has serious consequences--it imperils our democracy, Chief Judge Rowan Wilson writes.
9 minute read

New York Law Journal

'Hoffmann' Replaces 'Harkenrider' in a Year: Court Grants Redistricting Commission and Legislature a Mulligan

Politicians on the losing side of litigation over reconfiguring New York's congressional districts may not be the only losers in this bruising battle, no matter the results of the short-term map-making do-over, a Law Journal columnist writes.
4 minute read

New York Law Journal

Law Journal Columnists Make 'Questionable' Claim on Federal Constitutional Matters and the New York Court of Appeals

It is questionable whether New York jurisprudence requires the state's trial and appellate justices to abide a Court of Appeals ruling on a federal constitutional matter that has been effectively nullified by the U.S. Supreme Court, a law firm partner writes.
3 minute read

New York Law Journal

Expediting Family Court Appeals Would Serve the Best Interests of Children

Attorneys from the Children's Law Center express support for a proposal outlined in a recent New York Law Journal column.
2 minute read

New York Law Journal

Lawyers Criticizing Judges: The Rules of Professional Conduct and the First Amendment (Part II)

The duty of lawyers coming to the defense of judges is aspirational and involves defending judges because the judge's rationale for his or her ruling is confined to the explanation provided in the ruling itself. But criticisms of United States Supreme Court Justices Samuel Alito and Clarence Thomas are not directed at their rulings but at their conduct—accepting financial assistance or perks and failing to disclose them.
10 minute read

New York Law Journal

When A Witness Seeks to Hide Behind Context

The presidents of Harvard University, the University of Pennsylvania and MIT and the lawyers who prepared them certainly recognized that they would be roasted by at least one or two members of the Congressional committee. And they were undoubtedly correct that hate speech on campus would depend on the "context" in which it was made, a Law Journal columnist writes. But would any intelligent, well-prepared, witness, even testifying truthfully, want to hand a loaded gun to her interrogator, enabling her to aggressively question her as U.S. Rep. Elise Stefanik so ably did?
9 minute read

New York Law Journal

Gov. Hochul Must Protect New York's Courts from Forum Shopping and Nuclear Verdicts

A Shook, Hardy & Bacon practice chair writes that Gov. Kathy Hochul should again veto proposals before her that would allow out-of-state plaintiffs to sue out-of-state businesses in New York and greatly expand damages and increase the pool of people who can file wrongful death lawsuits.
6 minute read

New York Law Journal

Legislative Improvements to the Judicial Disciplinary Process

A bill before the State Assembly would change the State Commission on Judicial Conduct's funding process to mirror the way the annual judicial branch budget is handled, respecting the separation-of-powers principle and recognizing that the commission is created in the judiciary articles of the state constitution and statute, rather than an executive branch agency reporting to the governor.
10 minute read

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