Federal Bar Council Quarterly

All Federal Bar Council members in good standing receive a complimentary subscription to the printed version of quarterly Federal Bar Council Quarterly. The Federal Bar Council Quarterly contains a variety of articles on new judicial appointments, historical events, and practice developments.

Non-members who wish to subscribe to the print version of the Federal Bar Council Quarterly ($40 per year) may do so by clicking here.

To view the members of the Editorial Board, click here.

Federal Bar Council Quarterly - Mar./Apr./May 2018

5/14/2018

From the Editor. Editor-in-Chief Bennette D. Kramer reflects on the 2018 Winter Bench and Bar Conference that took place earlier this year at the Four Seasons Resort in Nevis.

Developments. Bennette D. Kramer and Steven M. Edwards attended the Winter Bench and Bar Conference and, in this article, describe the programs presented.

Developments. In this article, Bennette D. Kramer offers highlights from the Law Day Dinner, at which the Council’s president, David R. Schaefer, presented the Learned Hand Medal for Excellence in Federal Jurisprudence to Southern District of New York Judge Jed S. Rakoff.

Legal History. C. Evan Stewart explores whether William H. Rehnquist lied about a 1952 memorandum he wrote while clerking for Supreme Court Justice Robert H. Jackson when Rehnquist was nominated in 1971 as a Justice to the Supreme Court, and then again when he was nominated in 1986 as Chief Justice.

Intellectual Property Update. Tal Dickstein examines how Rule 68 of the Federal Rules of Civil Procedure can be interpreted in a way to combat copyright trolls.

Legal Practice. After traveling last November with five other lawyers to Guantanamo Bay to observe legal proceedings against alleged USS Cole bomber, Abd al-Rahim al-Nashiri, Pete Eikenberry reports on what he saw.

 

Federal Bar Council Quarterly - Dec./Jan./Feb. 2018

3/4/2018

From the Editor. Chatting with Judge Frederic Block, by Bennette D. Kramer

Developments. Southern District Judge Victor Marrero Receives Emory Buckner Medal at Thanksgiving Luncheon, by Bennette D. Kramer

Legal History. Yet Another Terrible Decision by the Supreme Court: This Time, Endorsing Eugenics!, by C. Evan Stewart

Essay. Pragmatism and the Judicial Philosophy of Richard Posner, by Steven M. Edwards

An Attorney at Work. Brooklyn’s Bridge of Spies, by Joseph Marutollo

FBC News/ Special Counsel, by George Hritz

Making a Difference: Michael Posner, by Pete Eikenberry and Patricia Stottlemyer


Celebrating Our 25th Anniversary!

From the Editor. Welcome!, by Bennette D. Kramer

From the President. Congratulations!, by David Schaefer

From the Founder. In the Beginning, There Was Light, by Steven M. Edwards

Our Managing Editor. A Chat with Steven A. Meyerowitz, by Steven M. Edwards


From the Chief Judges: Congratulations!

By Chief Judge Robert A. Katzmann
By Chief Judge Colleen McMahon
By Chief Judge Dora L. Irizarry
By Chief Judge Frank P. Geraci, Jr.
By Chief Judge Glenn T. Suddaby
By Chief Judge Janet C. Hall


Reprinted from Our Archives

February 1994 – Volume I, No. 1
A New Newsletter, A New Beginning, by George B. Yankwitt

June 1994 – Volume I, No. 3
The Way It Was, by Justice Theodore Kupferman

December 1995 – Volume II, No. 5
The Glass Ceiling, by Barbara Paul Robinson

April 1998 – Volume V, No. 2
Dr. King’s New York Lawyer, by Michael D’Innocenzo

December 1998 – Volume V, No. 5
Judge Sotomayor Confirmed By Senate, by Stephen Ratner and Stacey Creem

October 1999 – Volume VI, No. 4
United States v. Roy Cohn, by Gerald Walpin

December 1999 – Volume VI, No. 5
LBJ and Abe Fortas, by C. Evan Stewart

February 2002 – Volume IX, No. 1
James B. Comey Is New United States Attorney for the Southern District Of New York, by Marjorie J. Peerce

February 2005 – Volume XII, No. 1
A View From The Other Side, by U.S. District Judge P. Kevin Castel

June/July/August 2009 – Volume XVI, No. 4
Congratulations, Justice Sotomayor!, by the Federal Bar Council

June/July/August 2010 – Volume XVII, No. 4
Frederic S. Nathan, First Time Author, by David N. Ellenhorn

Sept./Oct./Nov. 2012 – Volume XX, No. 1
The Case of Ephraim Tutt, by Molly Guptill Manning

March/April/May 2014 – Volume XXI, No. 3
The U.S. Custom House at Bowling Green, by Steven Flanders

Dec./Jan./Feb. 2016 – Volume XXIII, No. 2
The Answer to Gun Control, by Steven M. Edwards

Federal Bar Council Quarterly - Sept./Oct./Nov. 2017

11/11/2017

From the President. David R. Schaefer, the president of the Federal Bar Council, expresses his appreciation to the Council’s staff. From the Editor. Editor-in-Chief Bennette D. Kramer reports on her recent conversation with Second Circuit Judge Jon O. Newman about his new book about his life, his career, and his 45 years on the federal bench. Legal History. C. Evan Stewart examines the U.S. Supreme Court’s worst decision on campaign finances – and it’s not the decision you may think it is. In the Courts. U.S. Magistrate Judge James C. Francis, IV, has retired. During his final days in chambers, Magistrate Judge Francis took time to look back on his legal career with Joseph A. Marutollo. Legal Practice. Steve Edwards’ former partner, Ty Cobb, is working for the White House on the Special Counsel’s Russia investigation. Here, Steve offers some advice that he almost sent to him. FBC News. Noam Biale and Mark S. Pincus explain the pro bono opportunities available for small firms, and how the Council can help. Decisions. Peter Sloane, the chair of the Council’s Intellectual Property Committee, reviews a decision by the U.S. District Court for the Southern District of New York in a case involving a parody of Dr. Seuss’ classic, “How the Grinch Stole Christmas.” From the Archives: Judge Weinfeld and Watergate: The Critical Connection. Our last issue reprinted the first part of an article from the March/April/May 2013 issue of the Federal Bar Council Quarterly in which Frank Tuerkheimer explored how two decisions by Judge Weinfeld had a major impact on the Watergate story. Here is the conclusion of that article. Lawyers Who Have Made a Difference. Pete Eikenberry tells us about Carol Bellamy. Calendar of Council Events.



Federal Bar Council Quarterly - June/July/Aug. 2017

8/23/2017

From the President. David R. Schaefer, the president of the Federal Bar Council, discusses the norms and expected behavior for lawyers practicing in our courts.

From the Editor. Editor-in-Chief Bennette D. Kramer discusses the recent celebration held by the U.S. District Court for the Eastern District of New York honoring Judge Jack B. Weinstein’s 50 years as a district judge.

Developments. Steven Flanders reports on the Council’s Law Day event this year, at which Judge Richard Wesley was awarded the Learned Hand Medal.

Legal History. C. Evan Stewart explores the contentious battle over the seat of Justice Henry Baldwin.

Legal History. Before he was president, Richard M. Nixon was a lawyer. Joseph A. Marutollo delves into his career and highlights certain incidents that appear to explain some of Nixon’s actions as president.

Breaking the Rules. Alan Hruska, a former president of the Federal Bar Council who now is of counsel to Cravath, Swaine & Moore, has had successful careers as publisher, novelist, playwright, filmmaker, and director of films as well as plays. Steven Flanders reports on a unique man.

FBC News. Jason Canales and Patricia Miller tell us what the Council’s Diversity Committee has been doing.

From the Archives: Judge Weinfeld and Watergate: The Critical Connection. In an article in the March/April/May 2013 issue of the Federal Bar Council Quarterly, Frank Tuerkheimer explored how two decisions by Judge Weinfeld had a major impact on the Watergate story. Part I of this article is reprinted here; the conclusion will appear in our next issue.

Guantanamo Bay. Pete Eikenberry discusses the most current developments at Guantanamo Bay.

Calendar of Council Events.


Federal Bar Council Quarterly - Dec./Jan./Feb. 2017

2/15/2017

From the President. In his first column as president of the Federal Bar Council, David R. Schaefer highlights some of the connections between the Council and the courts in the Second Circuit.

From the Editor. Editor-in-Chief Bennette D. Kramer explores sexual harassment, an issue that has been in the news lately.

Statement from the Federal Bar Council. The Council issued a statement on February 7, 2017 following President Trump’s reference to a federal judge who had enjoined his executive order on immigration as a “so-called judge,” stating that it “threatens to undermine our constitutionally created judicial system.”

Developments. Bennette D. Kramer discusses the annual Thanksgiving Luncheon and the award of the Emory Buckner Medal to Barbara S. Jones, a former judge of the U.S. District Court for the Southern District of New York.

In the Courts. Marjorie Berman spoke recently with Magistrate Judge Peggy Kuo. Read her article to understand why tango matters.

FBC News. Peter S. Sloane, the chair of the Council’s committee on intellectual property, reviews the subjects discussed at a recent committee meeting.

Essay. Baby steps, incrementalism, change, and taking the “long view” are the subjects of this essay by Joel Cohen.

In the Courts. Magistrate Judge Lisa Margaret Smith gives four stars to this year’s version of the Courthouse Follies.

Legal History. In his newest article, C. Evan Stewart explores another awful decision by the U.S. Supreme Court: Lochner v. New York.

Personal History. Almost exactly 10 years ago, African-American lawyer Cleve McDowell was shot three times in his office home in Drew, Mississippi, and killed. Pete Eikenberry reflects on his life, and on his death.

 

Federal Bar Council Quarterly - Sept./Oct./Nov. 2016

11/21/2016

From the President. Council President Vilia B. Hayes reflects on her term as president in her final column for the Federal Bar Council Quarterly.

From the Editor. 
Editor-in-Chief Bennette D. Kramer explores recent reports on “Women in the Workplace” and suggests steps that law firms in particular can take to begin to eliminate discrimination against women.

Developments. 
Steven M. Edwards reports on the Council’s annual fall retreat, held this year at the Skytop Lodge in Pennsylvania.

New Appointments. 
Stephen L. Ratner and Steven H. Holinstat tell us about U.S. District Court Judge LaShann DeArcy Hall in the Eastern District of New York.

Legal History. 
C. Evan Stewart examines another awful decision by the U.S. Supreme Court: Korematsu v. United States, where the Court held that widespread racial discrimination aimed at one group of Americancitizens – Americans of Japanese descent – was justified by wartime necessity.

In the Courts.
 Southern District of New York’s mediation program is the focus of this article, by Rebecca Price, the director of the district’s ADR program.

Decisions. 
Charles C. Platt reviews the law governing “ballot selfies” – photographs taken by voters with a mobile device in a voting booth.

And more. 
Magistrate Judge Lisa Margaret Smith discusses a case she handled years ago, involving a runaway juror (p. 24); Bennette D. Kramer writes about a recent Second Circuit event honoring Pete Eikenberry (p. 27); and Pete Eikenberry sets forth some thoughts on the rule of law, making a difference, and civility (p. 28).

 

Federal Bar Council Quarterly - June/July/Aug. 2016

8/18/2016

From the President. Council President Vilia B. Hayes discusses some recent Council events and highlights some of what is happening this fall.

From the Editor. Editor-in-Chief Bennette D. Kramer examines three recent opinions in which district judges of the Eastern District of New York imposed sentences below the sentencing guidelines or expunged convictions because of the collateral consequences of conviction.

Developments. As Editor-in-Chief Bennette D. Kramer reports, the Council held its annual Law Day Dinner on May 3, at which the Learned Hand Medal for Excellence in Federal Jurisprudence was presented to Second Circuit Judge Gerard E. Lynch.

In the Courts. Stephen L. Ratner and Steven H. Holinstat tell us about the new chief judge of the U.S. District Court for the Southern District of New York: Chief Judge Colleen McMahon

FBC News. The Council’s Public Service Committee and the offices of the U.S. Attorneys for the Eastern and Southern Districts of New York held a program at which young lawyers explored how to become Assistant U.S. Attorneys.  Jennifer K. Brown discusses the event.

FBC News. The Southern District has a “limited scope” pro bono program, highlighted here by Christopher J. Cariello.

Legal History. C. Evan Stewart explores another awful decision by the U.S. Supreme Court: Plessy v. Ferguson, where the Court expressly approved of racial segregation!

Regulatory Update. Will a new “fiduciary” rule adopted by the Department of Labor have significant consequences for our federal courts? Charles C. Platt examines that possibility.

And more. Robert B.G. Horowitz updates us on the key elements of the new Defend Trade Secrets Act (p. 18); Steven M. Edwards explains how the U.S. Supreme Court narrowly dodged a bullet in its affirmative action decision in Fisher v. University of Texas (p. 20); and Pete Eikenberry helps celebrate the remarkable career of Judge Motley (p. 22).

Federal Bar Council Quarterly - March/April/May 2016

7/30/2016
From the President. Council President Vilia B. Hayes highlights some noteworthy upcoming Council events for members. 

From the Editor. Editor-in-Chief Bennette D. Kramer discusses two very entertaining aspects of the Winter Bench & Bar Meeting. 

Developments. Read all about the Winter Meeting’s programs here, as reported in detail by Editor-in-Chief Bennette D. Kramer and Steven M. Edwards. 

Legal History. Evan Stewart explores the worst decision ever by the U.S. Supreme Court. 

Second Circuit Decisions. Charlie Platt analyzes the decision by the U.S. Court of Appeals for the Second Circuit in In re Tribune Company Fraudulent Conveyance Litigation and its implications. 

Picture This. Kira A. Davis recently spoke with Ron Fierstein, the author of A Triumph of Genius: Edwin Land, Polaroid, and the Kodak Patent War, about the legendary patent litigation. 

To the Editor (of the New York Post). Former Council President Gerald Walpin shares a letter he sent to the New York Post about its editorial about Judge Block and a comment by Senator Harry Reid, which the paper declined to publish. 

Personal History. Pete Eikenberry writes about his friend Earle Tockman, a lawyer – and a “radical.” 

Federal Bar Council Quarterly - Dec./Jan./Feb. 2016

2/8/2016
From the President. Courts in the Second Circuit have been celebrating a series of special anniversaries and, Council President Vilia B. Hayes writes, the Federal Bar Council and its members have been happy to be a part of the celebrations. 

From the Editor. The Federal Bar Council Thanksgiving Luncheon this year had all the usual events, as described by Editor-in-Chief Bennette D. Kramer. 

Our View. Former Council Presidents Robert A. Anello, Steven M. Edwards, and George B. Yankwitt wrote an opinion piece in defense of Judge Block that the New York Post would not publish. You can read it here. 

New Appointments. James I. Glasser tells us about the new U.S. District Judge for the District of Connecticut: Judge Victor A. Bolden. 

FBC News. If you have ever wanted to know what a day in the life of a Bureau of Prison inmate is like, read Marjorie E. Berman’s report on a Council program on that subject. 

IP Law. Paul W. Garrity and Tyler E. Baker, members of the Council’s new intellectual property law committee, explore the implications of the 2015 amendments to the Federal Rules of Civil Procedure on patent cases. 

In the Courts. U.S. Magistrate Judge Lisa Margaret Smith writes about a presentation by a group of thespians at the annual Courthouse Follies held at the Moynihan Courthouse in Manhattan. 

And More. Steve Edwards offers a solution to gun control (p. 17) as well as an article about John Chestnut Whittaker and Henry Ossian Flipper, two of the first black cadets appointed to West Point (p. 19), and Pete Eikenberry concludes this issue with an article entitled, “How FBI Misconduct in 1968 Affected the ‘Amount in Controversy’ in 1976” (p. 22).

Federal Bar Council Quarterly - Sept./Oct./Nov. 2015

11/19/2015
From the President. Council President Vilia B. Hayes discusses some recent Council events – and provides some news about the Federal Bar Council Quarterly. 

From the Editor. The Federal Pro Se Legal Assistance Project of the City Bar Justice Center opened its doors at the Eastern District of New York courthouse in March 2015. Co-editor-in-chief Bennette D. Kramer recently spoke with the head of the Project, Nancy Rosenbloom. 

FBC News. Chris Jensen, Steven Flanders, and Bennette D. Kramer report on a program with four remarkable judges of the Eastern District of New York, still extremely active beyond their ninetieth birthdays, who had served in World War II. 

Legal History. C. Evan Stewart explains what President Johnson did not know about the Cuban Missile Crisis and why he did not know it. 

Second Circuit Decisions. Charles C. Platt reviews the Second Circuit’s recent “whistleblower” decision in Berman v. Neo@olgilvy LLC. 

IP Law. Copyright law can be one weapon to help victims of “revenge porn,” Ari Ezra Waldman suggests in his article, “Images of Harassment: Copyright Law and Revenge Porn.” 

Immigration Law. In their article, “Study Group Develops Solutions for Unrepresented Immigrants,” Pete Eikenberry and Lindsay Nash highlight the innovative solutions that have been developed to afford counsel to immigrants by the Study Group on Immigrant Representation.

Federal Bar Council Quarterly - June/July/Aug. 2015

9/1/2015
From the President. Council President Vilia B. Hayes highlights a number of Council events taking place this fall.

From the Editor. Co-editor-in-chief Bennette D. Kramer recently had lunch with Jessica Neuwirth, author of a book explaining why it is the time for an Equal Rights Amendment to the Constitution. 

New Appointments. Brian M. Feldman tells us about U.S. District Court Judge Elizabeth A. Wolford of the Western District of New York. 

New Appointments. Stephen L. Ratner and Steven H. Holinstat report on U.S. District Court Judge Joan M. Azrack of the Eastern District of New York. 

Legal History. “Robert Bork at Justice” is the title of this Legal History article by C. Evan Stewart. 

FBC News. Abena Mainoo and Carly Grant discuss the First Decade Committee’s twelfth annual Summer Kick-Off honoring the Thurgood Marshall Award recipients and nominees. 

FBC News. Marjorie E. Berman explains how the Council’s Inn of Court ended the year. 

FBC News. Learn what’s doing with the Council’s Public Service Committee in this article by Abena Mainoo. 

FBC News. There is a new coffee table book, on the Second Circuit’s courthouses, as Marjorie E. Berman points out. 

Invitation to Debate. Richard W. Hulbert, a retired partner of Cleary Gottlieb Steen & Hamilton and a former vice chairman of the Court of Arbitration of the International Chamber of Commerce, highlights an international arbitration issue of note. 

And More. Charles C. Platt explores issues arising from lawyers “going mobile” (p. 21) and Pete Eikenberry explains what it was like to lawyer at a federal detention center in Texas (p. 22). 

Federal Bar Council Quarterly - March/April/May 2015

6/15/2015
From the President. Council President Vilia B. Hayes discusses the First Decade Committee Summer Kick-Off and Thurgood Marshall Award. 

A Life in the Law. Steven M. Edwards writes about Robert B. Fiske, Jr., who has just written a book, “Prosecutor, Defender, Counselor.” 

From the Editor. Co-editor-in-chief Bennette D. Kramer tells us how the Eastern District of New York celebrated its 150th anniversary. 

Developments. Sam Seymour received the Whitney North Seymour Award at the Council’s Winter Meeting, as described here by Bennette D. Kramer. 

Developments. This article describes the programs presented at the Winter Bench and Bar Conference. 

Legal History. Clement Vallandigham is a figure lost to history no longer. Read about his trials, in this article by C. Evan Stewart. 

Trademark Law. Jason Jones, a member of the Federal Bar Council’s Intellectual Property Committee, examines the U.S. Supreme Court’s recent decision in B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293 (2015) and Second Circuit law on the same issue. 

Essay. Here, Steven M. Edwards undertakes an economic analysis of the legal business in an effort to understand how it works, including why some lawyers make more money than others, why law firms employ particular business models, and the role that clients play in law firm economics. 

Essay. Judges and lawyers can, indeed, make a difference, as Pete Eikenberry reminds us in this article. 

From the Archives. This article, “Pauli Murray: Fighting for Her Rights,” by Molly Guptill Manning, originally was published in our March/April/May 2013 issue and is reprinted here in full.