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

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

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

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

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

Synopsis of the Report of the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts

The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from an informative, not an analytical, standpoint and is intended to summarize the status of key issues raised by the Task Force