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New York Law Journal

Pack the Court: A Dose of Therapeutics for the Current Malaise

A recent essay argued that all the current proposals for Supreme Court reform are "ineffectual, unconstitutional, or just plain terrible." The author is wrong: none of those adjectives applies to a plan to enlarge the court.
7 minute read

New York Law Journal

'Essential' Matters Too Narrowly Defined by Family Court

During the pandemic, attorneys and social workers with The Children's Law Center repeatedly have seen situations in which a physical custodian has denied a non-custodial parent significant visitation time and contact with their children. Family Court should consider "essential" matters involving prolonged and unjustified periods of separation.
5 minute read

New York Law Journal

Attorneys in Private Practice Must Speak Up About Politicization of the Federal Courts

Certainly, judges who hold conservative values have long sat on federal courts. However, the judges appointed in recent years differ materially in temperament and understanding of their roles than most of their predecessors.
7 minute read

New York Law Journal

Senate Litigation Could Resolve the Supreme Court Confirmation Debate

The Senate's failure to follow a consistent policy for considering Supreme Court nominees is unconstitutional. Instead of succumbing to political bulldozing by their Republican colleagues, Democratic Senators can, and should, resort to the courts to check this arbitrary and unconstitutional maneuvering.
4 minute read

New York Law Journal

Think Twice Before Asking Expunged Marijuana Arrest Records To Be Destroyed

We applaud automatic expungement of marijuana offenses now decriminalized. It may be tempting to take things further and demand that court records be destroyed, but there is almost nothing to be gained by having sealed court records destroyed, and potentially a lot to lose.
2 minute read

New York Law Journal

Election Procedures: New York Should Lead the Way

In the wake of the Wisconsin Supreme Court decision and other election cases pending nationwide, a discussion of how these cases should be resolved as New York has done: by strictly complying with state election laws.
5 minute read

New York Law Journal

OCA Doesn't Intervene in Pending Legal Cases

A recent commentary related that, after an "initial rebuff," the Office of Court Administration quietly started dismissing his and others' protest-related summonses, a statement that demonstrates a fundamental misunderstanding of the role of OCA and the adjudicative process.
3 minute read

New York Law Journal

Debevoise Associate: NYC Should Dismiss Curfew Charges Against Peaceful Protesters Like Me

Justin Maffett, who was charged with violating an emergency order while protesting after George Floyd's death, writes that "it does not take a law degree" to realize dismissal is in the interest of justice.
5 minute read

New York Law Journal

Story Behind Ginsburg's Clerkship Is Misleading, Former Clerk Says

Recent coverage of the death of Justice Ginsburg claims that "a federal district judge, Edmund L. Palmieri, … agreed to hire her only after [a Columbia Law School professor] threatened never to send the judge another law clerk if he did not." I was Judge Palmieri's clerk when he interviewed Ruth Ginsburg, and can attest that the "threat", if made, was not the cause of the judge's job offer.
2 minute read

New York Law Journal

RBG : Character, Inspiration and Inclusion

I have always felt a special kinship with Justice Ruth Bader Ginsburg, an affinity that grew even stronger when, in my current role as Dean of Hofstra Law, I was honored to spend a little time with her and experience personally her warmth, sincerity, humility and intellect.
4 minute read

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