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Author Archives: Nicole Black

Judge not, lest you be a judge

With the dawn of a new year, two leading jurists once again brought the issue of judicial pay raises to the forefront of legislative concerns. U.S. Supreme Court Chief Justice John Roberts and New York State Court of Appeals Chief ...

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The year that free speech died≠

“But February made me shiver With every paper I’d deliver. Bad news on the doorstep; I couldn’t take one more step… And in the streets: the children screamed, The lovers cried, and the poets dreamed. But not a word was ...

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Don’t believe the hype

“Two roads diverged in a wood, and I — I took the one less traveled by, And that has made all the difference.” — Robert Frost, “The Road Not Taken” In a Dec. 13 Legal Times article entitled “Obama’s Road ...

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Lawyers behaving badly

“It’s important to remember that feminism is no longer a group of organizations or leaders. It’s the expectations that parents have for their daughters, and their sons, too. It’s the way we talk about and treat one another. It’s who ...

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I’ll need to see your papers, ma’am

“Once the exact identity or some demographics or other characteristics of the person have been determined, the person tracking unit relies on this information to track the person as the person moves through the roaming areas. The person tracking unit ...

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Feel free to stop and smell the roses

Assistant public defenders across the state likely breathed a collective sigh of relief upon learning that police officers could no longer use Penal Law § 240.20(5) to justify the stop and arrest of a citizen engaging in the rather mundane ...

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Dancing with the devil in New York

“Guess·ti·mate: an estimate usually made without adequate information — guess·ti·mate\transitive verb” — Merriam Webster’s online dictionary Last week, in a press release, the New York State Board of Bar Examiners announced that the essay scores of 47 candidates who used ...

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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, ...

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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 ...

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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 ...

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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 ...

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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 ...

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