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Arbitrator or Judge: Who Decides?
Paul F. McCurdy, a partner at Kelley Drye & Warren, and James M. Moriarty, an associate at the firm, write that although the effect of the Supreme Court's decision in Rent-A-Center West Inc. v. Jackson on who decides issues of arbitrability may be minimal, the perceived effect of Jackson could spur the enactment of legislation or regulations prohibiting the use of mandatory pre-dispute arbitration provisions in agreements related to a wide variety of activity.Dramatic Court of Appeals Rulings and Lessons From Supreme Court
In her Trusts and Estates Update column, Ilene Sherwyn Cooper, a partner with Farrell Fritz, reviews recent decisions of interest involving privity, the allocation of legal fees, evidence of incapacity and res judicata.Government Submits Briefs In Judges' Salary Litigation
Issue was joined last week on the first - and so far only - lawsuit brought to compel an increase in judicial salaries. The three plaintiffs, two Long Island judges and one from Brooklyn, filed their moving papers in the Article 78 proceeding in May; last Thursday the state Attorney General's Office filed its brief for the governor, the Legislature and the Office of Court Administration.When Is Bondage Prostitution? Records May Help Set Boundaries
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Laid Off Lawyers Offered (Unpaid) Work, Ego Boost
State Persistent Felon Law Held Invalid by U.S. Court
A second federal judge has found New York state's persistent felony offender statute unconstitutional because it allows judges to find facts that can lead to a sentence beyond the statutory maximum.Delivering Justice in a New Reality
We face a new economic reality in which we must make more efficient use of our limited resources while still adapting to a constantly evolving legal practice. Chief Judge Jonathan Lippman and I are confident that with the continued assistance of our dedicated judges and staff, as well as the support of the entire community, we will find innovative methods to carry out justice for the people of our state.Trending Stories
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