Please ensure Javascript is enabled for purposes of website accessibility
Home (page 48)

Author Archives: Nicole Black

Guilty is as guilty does (18074)

The U.S. Supreme Court recently granted certiorari in a capital habeas corpus case arising from the U.S. Court of Appeals for the Ninth Circuit, Arave v. Hoffman, 07-110. The primary issue to be decided, as framed by the Supreme Court, ...

Read More »

Technology and the attorney-client privilege

The attorney-client privilege was significantly weakened by a recent New York County Supreme Court decision. In Scott v. Beth Israel Medical Center Inc., 2007 NY Slip Op. 27429, the court held that a New York physician’s e-mails to his lawyers ...

Read More »

The lawsuit that shoulda, coulda been

“All The Woulda-Coulda-Shouldas Layin’ In The Sun, Talkin’ ‘Bout The Things They Woulda-Coulda-Shoulda Done.” — Shel Silverstein Nearly two weeks ago, in Ortega v. City of New York, 2007 N.Y. Slip Op. 07741, the New York State Court of Appeals ...

Read More »

Intellectual Subway 101

If there’s an intellectual highway, there’s also an intellectual subway. — Stanley Crouch Robert L. Birmingham, a professor for the University of Connecticut School of Law, recently caused quite a stir when he showed a video clip from a film ...

Read More »

Whose morals must we enforce≠

Two weeks ago the Appellate Division, Fourth Department, issued its decision in In re Bobbijean P., 2007 WL 2812608. At issue in the case was the legality of Monroe County Family Court Judge Marilyn O’Connor’s order requiring the appellant, a ...

Read More »

Is the pen mightier than the sword≠

“The pen is mightier than the sword if the sword is very short, and the pen is very sharp.” —Terry Pratchett In the aftermath of the tragic Virginia Tech shootings, school district and law enforcement officials across the country reacted ...

Read More »

When intent is in the eye of the beholder

There are few issues as divisive and polarizing as abortion. For those who oppose it, it is a matter of life and death, and for those who believe it should not be outlawed, the issue revolves around the belief that ...

Read More »

A travesty of justice

The Duke rape case had the makings of a front-page news story from the very start. The allegations were shocking and the underlying facts were salacious enough to result in the predictable media frenzy that followed. It seemed everyone had ...

Read More »

Rebel with a cause, or without a clue≠

Jim Stark: Nobody talks to children. Judy: No, they just tell them. — “Rebel Without a Cause” I’m not sure Joseph Frederick knew what he was getting into when he unfurled a 14-foot banner that stated “Bong Hits 4 Jesus” ...

Read More »

Legal Currents

This column, to be featured every Monday, tackles timely issues important to the local legal community.

Read More »

Legal Currents: Lock ‘em up and throw away the key≠

As a society, what do we do with violent and predatory sexual offenders≠ Is the civil confinement of sex offenders the answer to this elusive problem≠ Truth be told, I find myself pulled in two directions on this issue. On ...

Read More »

At A Glance: Decisions From The Court Of Appeals

The following is a brief summary of recent rulings from the New York State Court of Appeals: Separate Index Numbers For All Proceedings In Harris v. Niagara Fall Bd. of Educ., 2006 NY Slip Op 01113, the Court of Appeals ...

Read More »