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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…
9 minute read

New York Law Journal

Cases Cannot Be Defined by Media Coverage

This is primarily a "Tale of Two Cases," heard on back-to-back days at the New York Court of Appeals in 1990. My focus highlights different standards the media use to cover, and often skew, the public understanding of a well-informed public concerning the civic importance and core values of cases and the judicial process.
5 minute read

New York Law Journal

Breyer Says Textualism Leads to 'Abhorrent' Outcomes, But Takes a Light Touch on Its Effects on Today's SCOTUS

The former U.S. Supreme Court justice's book provides excellent analysis of the contrast between textualism/originalism, but was not as forceful as it could have been in highlighting examples where textualism and originalism would produce abhorrent results that could undermine the high court's prestige.
8 minute read

New York Law Journal

Column Casting Todd Blanche as Making 'Faustian' Bargain in Representing Trump Misses the Mark

No serious person would suggest that a lawyer who represents someone accused of a terrible crime is themself a bad person by dint of that representation, a contributor writes in response to a column that the New York Law Journal published last week.
8 minute read

New York Law Journal

'There Are Heroes in Every Story': Review of 'The Eight: The Lemmon Slave Case and the Fight for Freedom'

Denny Chin, a senior judge on the U.S. Court of Appeals for the Second Circuit, co-authored the review with his wife and retired Crowell & Moring partner Kathy Hirata Chin
9 minute read

New York Law Journal

Can Trump's Lawyers Effectively Refute the Prosecution's Evidence?

Assuming Donald Trump does not testify in his criminal trial in Manhattan—which is set to conclude testimony this week—and the defense presents no evidence, it will be interesting to see whether and how the defense deals with Trump's silence, Law Journal columnist Bennett Gershman writes.
6 minute read

New York Law Journal

Todd Blanche's Faustian Bargain

In this article, Elliott B. Jacobson references Elie Honig's defense of Todd Blanche and his representation of Donald Trump, and presents his opinion as to why he believes Honig is wrong.
7 minute read

New York Law Journal

Protection of Marriage Equality Is in Everyone's Best Interests

In a Law Journal column, Selendy Gay partners commemorate the 20th anniversary of the landmark ruling that made gay marriage possible in Massachusetts.
5 minute read

New York Law Journal

Recusals in the New York Court of Appeals

In an atmosphere with contentious public debate over whether U.S. Supreme Court justices are inappropriately sitting on certain cases—one of the reasons behind the declining public esteem for the Court—it is ironic that a judge of the Court of Appeals, early in her service, is criticized for recusing herself, a Law Journal contributor writes.
4 minute read

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.
8 minute read

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