Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Commentary
By Michael Higgins | November 12, 2020
Under the current conditions, it defies logic for OCA to require people to travel to unsafe courthouses for minor infractions. But even beyond public safety, the notion that we are achieving justice by requiring a defendant to appear numerous times on a misdemeanor, often risking his or her job, only to see the case dismissed or resolved with a noncriminal disposition is misguided.
New York Law Journal | Commentary
By Martin London | November 6, 2020
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.
New York Law Journal | Commentary
By Louise Feld | November 3, 2020
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.
New York Law Journal | Commentary
By Derek Borchardt | October 13, 2020
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.
New York Law Journal | Commentary
By Jim Walden | October 9, 2020
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.
New York Law Journal | Commentary
By Justin Maffett | September 24, 2020
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.
New York Law Journal | Commentary
By Gail Prudenti | September 21, 2020
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.
New York Law Journal | Commentary
By Amy Barasch | September 18, 2020
When strangulation laws were being passed across the country, domestic violence advocates were encouraged when so many police departments agreed that stopping abusive individuals from terrifying people with near death experiences should be a core practice for them, even if the survivors show no serious sign of injury when the police arrive, as is often true. Police should understand why a chokehold, like strangulation, should be illegal no matter who does it.
New York Law Journal | Commentary
By Christopher J. DeLise | September 16, 2020
Civil cases deserve to be heard and the lack of funding should not allow abuse by big business to persist scot-free.
New York Law Journal | Commentary
By Elayne Kesselman | August 27, 2020
I am a sole practitioner and single parent. I have always done a lot of my paper work at home, so working from home during the pandemic has not been an adjustment for me. But for decades, the courthouse had been an extension of my office. Speaking with my adversaries and courtroom staff took the place of lunchroom meetings and standing around the office water cooler.
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