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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

New York Law Journal

NY Bar Associations Have Failed To Lobby Strenuously for Solos and Small Firms

I expected these associations to seriously lobby for needed reforms in the judicial system, but they have rarely done so except for when the fortunes of the "white-shoe law firms" are at stake.
6 minute read

New York Law Journal

The Role of SCOTUS in Making the Metropolitan Correctional Center Prone to Suicide, Mayhem

Lost in all the attention that has been focused on the Jeffrey Epstein case and the Metropolitan Correctional Center is the critical role the United States Supreme Court played in permitting the MCC to be a site where suicide and other mayhem is more likely to occur.
4 minute read

New York Law Journal

Appellate Review of Law and Facts in Child Custody Cases: Some Observations

This commentary examines the question of whether the Appellate Division in the Third Judicial Department has been affording litigants the benefit of this two-tiered analysis in child custody cases.
11 minute read

New York Law Journal

The Voice of the Child: Critical and Often Compelling

I write to provide some historical perspective and add my voice in support of the present law, which provides that Attorneys for Children must represent to the court the child's wishes (unless the child is too young, is incapable of expressing his/her wishes, or if the child's wishes would endanger his/her health or welfare), rather than the attorney's own opinion of the child's best interest.
6 minute read

New York Law Journal

New York's Evidence Guide: the Court System's 'Best Kept Secret'

The Guide has already been favorably received by some courts, including the Appellate Division.
7 minute read

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