The Life and Legacy of Chief Judge Lawrence H. Cooke: Truly an Exemplary Life. A Life Well Lived

It is an appropriate tribute to the late Chief Judge of New York, Lawrence H. Cooke, that this article be devoted to a man who many leaders of the bench, bar, and academia consider to be the greatest jurist to ever serve on New York State\u27s highest court. Chief Judge Cooke, better known as Larry, served with honor and distinction as an associate judge of the Court of Appeals, and later as Chief Judge

The Constitutional Convention and Court Merger in New York State

In November 2017, voters in New York, for the first time in twenty years, will be asked to decide whether there “[s]hall be a convention to revise the constitution and amend the same?” If it is decided by the electorate to call a convention, “delegates will be elected in November 2018, and the convention will convene in April 2019.” One of the significant goals of a convention would be the achievement of court merger in the Empire State. The purpose of this perspective is to discuss the pros and cons of a constitutional convention with an emphasis on court merger

Ex Parte Communication by the Judiciary

The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new rules of the game . Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under the IAS because of the new system\u27s mandate that there be continuous supervision of each case by a single judge

Irruptive Migration of Chestnut-Backed Chickadees to Southwestern Idaho

I document irruptive movements of the Chestnut-backed Chickadee to Lucky Peak in southwestern Idaho, over 80 km from its regular range. Chestnut-backed Chickadees were captured and/or observed at Lucky Peak in 2000, 2004, and 2008. To evaluate the context for this phenomenon, I also examined data on capture of all chickadees and other irruptive species at Lucky Peak and numbers of irruptive species recorded on Idaho Christmas Bird Counts (CBC) from 1997 to 2011. Though CBCs in the winter of 2004–05 (following the largest movement of Chestnut-backed Chickadees at Lucky Peak in fall 2004) found high numbers of many irruptive species, relatively low numbers of Chestnut-backed Chickadees were detected on Idaho CBCs that winter. Overall, I observed little correspondence between capture totals at Lucky Peak and Idaho CBC data for potentially irruptive species in general, and little correspondence between years with Chestnut-backed Chickadees and patterns of any irruptive species in CBC data for the the subsequent winter. The seasonal movement patterns of this species, their regularity, and their causes warrant greater attention

Civil Practice: Comparative Negligence

Recent decisional law by the Court of Appeals has placed new limits on the applicability of article 14-A to some assumption of risk cases, to matters involving some labor law violations, and to violations of legal prohibitions. These limitations are important to the practitioner representing clients who seek to benefit from New York\u27s comparative negligence statute

Festschrift for Dean Simon

Others in the Festschrift will list Dean Simon’s many decanal accomplishments and initiatives, and I join them in their praise. I understand and accept the principle that law school faculty should be primarily engaged in teaching and scholarship, but I will always remember Dean Simon’s commitment to encouraging and supporting faculty involvement in outreach activities that benefit legal reform, the bench and bar, and the citizens of our community and state. I hope her successors will continue her outreach work and wish my old friend and valued colleague Dean Michelle Simon many more years of professional success and personal happiness

Second Circuit 2005 Res Judicata Developments

During the 2005 survey year, federal courts in the Second Circuit decided a number of important res judicata matters. Several district courts applied the doctrines of claim preclusion and issue preclusion to administrative and arbitral determinations. Several courts also expanded the “actually litigated” requirement for collateral estoppel and liberally applied the doctrine of defensive claim preclusion for counterclaims. Finally, the United States Court of Appeals for the Second Circuit issued seven res judicata decisions. In one, Vargas v. City of New York, the Second Circuit refined the standards for applying the Rooker-Feldman doctrine. This survey article will review some of the Second Circuit\u27s significant res judicata decisions and will critique those giving preclusive effect to administrative and arbitral determinations

Getting a Full Bite of the Apple: When Should the Doctrine of Issue Preclusion Make an Administrative or Arbitral Determination Binding in a Court of Law?

In recent years, alternative means of dispute resolution have become important resources. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the preclusive effect of these determinations in judicial forums should be limited by shifting the burden of satisfying the full and fair opportunity requirement to the party seeking to invoke the doctrine

Nontraditional Career Alternatives for Law Graduates

The large increase in the number of law students and law school graduates is causing concern because of lack of opportunities for employment in the private practice sector. This article directs its attention to other areas of work providing career opportunities to law students outside of private practice