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New York Law Journal

Chess Is a Serious Game but Reading About It Is a Delight

Comparisons between law and chess are common enough. Many articles have explored that metaphor and explained how the two fields are similar—up to a point. The literature is full of such analyses. But such studies are typically no more than short articles. Now we have a new book on the subject, and it is a good one.
5 minute read

New York Law Journal

Rudy Giuliani Is Not A Defense Lawyer

I have been a defense lawyer in our nation's state and federal courts for more than forty years. I am very proud of that and most of my colleagues…
3 minute read

New York Law Journal

We Lost One of New York's Legal Giants

He is, one might say, perhaps the last of a generation of luminaries—along with Richard Denzer, Richard Bartlett and others who were instrumental in producing the Penal Law of 1967—a work so good as to have endured for decades.
2 minute read

New York Law Journal

NY State's New Revenge Porn Law Will Likely Be Effective

Technology is almost always a step or two ahead of the law, and that gives the criminal element a bit of a head start. Until the law catches up, those who would misuse technology often get a free pass.
4 minute read

New York Law Journal

Department of Justice Seeks to Silence Immigration Judges' Union

The stakes for people in immigration court proceedings could not be higher. Deportation can, as the Supreme Court recognized almost a century ago, deprive a noncitizen of "all that makes life worth living." Yet for the past two years, the integrity of immigration judges' adjudications has been under attack.
3 minute read

New York Law Journal

When State Attorneys General Secretly Undermine Their Own Laws

Perhaps most alarmingly, hidden nondefense presents a backdoor way of advocating to undermine or invalidate state laws that have been passed by democratically-elected legislatures—while avoiding political consequences.
5 minute read

New York Law Journal

Article on Split Personal Injury Trials Has Plaintiff's Bar Slant

The tone of the article lends support to the plaintiffs' bar to argue in favor of unified trials when, ironically, the rule actually encourages judges to consider bifurcating trials, not unifying them.
3 minute read

New York Law Journal

No Court Has Ever Ruled That a President May Claim Immunity From Investigation

Without getting into arcane discussions of federalism, the larger point is that the substance of Mr. Trump's argument is awe-inspiring in its threat to our institutions. This issue is not about this particular president; rather it is about the rule of law.
6 minute read

New York Law Journal

We Should Have a 'Reasonable Idea' of How Judges Make Decisions

We do want and expect judges to bring experience, real-world knowledge and common sense to the table when they decide cases. We also, though, need to have a reasonable idea of how they have reached their determinations.
7 minute read

New York Law Journal

A Call for Action To Increase the Provision of Legal Services for Unrepresented Civil Litigants in Our Federal Courts

Unfortunately, most federal courts around the country have not yet truly begun to address the needs of unrepresented civil litigants, and instead, rely on their clerks' offices to provide first-line resources to those parties. But as court employees and non-lawyers, clerks cannot give legal advice.
6 minute read

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