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 2021

5/5/2021

From the President. Jonathan Moses was introduced to the Second Circuit legal community not as a lawyer, but as a journalist. Here, he talks with a colleague from back in the day.

From the Editor. Bennette D. Kramer offers her thoughts on what COVID-19 has been like.

COVID-19.  Robert J. Anello, Bettina B. Plevan, David R. Schaefer, and George B. Yankwitt remember Steve Edwards.

From the Bench. Judge P. Kevin Castel wrote for us about a year after he joined the bench. Now, Judge Castel updates that article.

In the Courts. Anna Stowe DeNicola and Pete Eikenberry give us a detailed look at Chief Judge Livingston.

In the Courts. Travis J. Mock discusses how the Council celebrated Chief Judge Margo Brodie, the new chief judge of the Eastern District of New York.

In the Courts. Magistrate Judge Andrew E. Krause is the new magistrate judge in White Plains, as highlighted in this article by his predecessor, retired U.S. Magistrate Judge Lisa Margaret Smith.

What’s On Your Wall? C. Evan Stewart provides the story behind the picture on his office wall where he stands with Walter LaFeber, a Cornell professor, mentor, and lifelong friend.

COVID-19. Magistrate Judge Sarah L. Cave tells us about a show that did go on, courtesy of the Council’s Inn of Court.

Speaking With. Joseph Marutollo recently spoke with Clare Cushman of the Supreme Court Historical Society, and filed this report.

A Remembrance. Judge Ann Claire Williams, retired from the Seventh Circuit, remembers Vernon Jordan.

A Remembrance. U.S. Magistrate Judge Hugh B. Scott passed away in February. Here, David R. Hayes, Sr., his career confidential clerk, remembers Magistrate Judge Scott.

Legal History. C. Evan Stewart reviews the Supreme Court decision that helped the South codify a system of economic and social discrimination later blessed in Plessy.

Federal Bar Council Quarterly Dec./Jan./Feb. 2021

2/3/2021
From the President. In his first column for the Federal Bar Council Quarterly as president of the Federal Bar Council, Jonathan Moses discusses the rule of law.

From the Editor. Bennette D. Kramer has often written about women in the law and what can be done to ameliorate the disadvantages women and minorities face in law firms. Here, she concludes that progress has been slight.

Developments. At the Council’s first virtual Thanksgiving Luncheon, the Emory Buckner Medal in Recognition of Outstanding Public Service was presented to David Patton. Bennette D. Kramer reports on the festivities.

The Legal Profession. Travis J. Mock, in his article, “The Bar Must Resist the Weaponization of the Profession,” explores attorneys’ responsibilities in light of challenges to the fairness of the 2020 election.

Legal History. C. Evan Stewart’s newest legal history article, “Nobody’s Perfect: Lincoln and Civil Liberties During the Civil War,” examines President Lincoln’s track record vis-a-vis constitutional rights during the prosecution of the Civil War.

Lawyers Who Make a Difference. Steven Flanders and Travis J. Mock report on the significant accomplishments of lawyer Grenville Clark – who, among other things, may have contributed more than any other private citizen to Allied victory in World War I and World War II.

Judge Ralph K. Winter. Second Circuit Judge Ralph K. Winter passed away on December 8, 2020. Joan Wexler and Robert Giuffra share their thoughts of Judge Winter.

Law and Leadership. Joseph Marutollo reports on his recent conversation with historian Talmage Boston.

What's On Your Wall (and Bookcase)? Lisa Margaret Smith, recently retired magistrate judge (but not retired from the Federal Bar Council Quarterly’s board of editors), tells us about a few things on her wall and bookcase.

Awards. Bennette D. Kramer provides highlights of the Council’s recent presentation of the Thurgood Marshall Award to Chanwoo Park and Neil A. Steiner, and Pete Eikenberry has some thoughts on the Presidential Medal of Freedom.




Federal Bar Council Quarterly - Sept./Oct./Nov. 2020

11/15/2020

From the President. Judge Mary Kay Vyskocil reflects on her time leading the Council in her final column for the Federal Bar Council Quarterly as Council president.

From the Editor. In her column, “The Origins of Jim Crow,” Bennette D. Kramer explores the U.S. Supreme Court decision in United States v. Cruikshank – one of the major factors in the dismantling of Reconstruction.

In the Courts. One of the Second Circuit’s newest district court judges is Judge Eric R. Komitee. Travis J. Mock spoke with Judge Komitee and, in this article, tells us a bit about the judge’s career and experience.

In the Courts. In this article, U.S. Magistrate Judge Katharine H. Parker discusses the history of women as magistrate judges, focusing in particular on retired Magistrate Judge Lisa Margaret Smith of the Southern District of New York and Magistrate Judge Celeste F. Bremer of the Southern District of Iowa.

Legal History. In a new legal history article for the Federal Bar Council Quarterly, entitled, “Plessy by Any Other Name? The Supreme Court and the Insular Cases,” C. Evan Stewart examines another set of linked, troubling decisions: the Insular Cases.

COVID-19. Magistrate Judge Sarah L. Cave is the author of our next article, “Jury Trials Resume in Second Circuit Courts,” discussing how courts in the Second  Circuit resumed jury trials in the midst of the pandemic.

COVID-19. Then, Joseph Marutollo follows with a review of the COVID-19 Judicial Task Force report.

What's on Your Wall. Anjelica Sarmiento, who recently clerked with Magistrate Judge James L. Cott of the Southern District of New
York, writes about the significance of the items on the wall of Magistrate Judge Cott’s Robing Room.

A Lawyer Who Is Making a Difference. 
In his next column about “Lawyers Who Have Made a Difference,” Pete Eikenberry profiles Heidi Reavis, who
with her husband produced a human rights documentary film about obstetric fistula to inform people about the
affliction, its simple cure, and the free hospital in Addis Ababa, Ethiopia, where it now is being treated.

Federal Bar Council Quarterly - Jun./Jul./Aug. 2020

8/3/2020
From the Editor. Bennette D. Kramer recently spoke with Sheila S. Boston, the newly inducted president of the Association of the Bar of the City of New York, about some of her goals as president of the City Bar and her view of the current pandemic of racism, the anti-racism movement, and a range of other topics.

Personal Reflections. In one of the longest and most in-depth articles ever to appear in the Federal Bar Council Quarterly, Pete Eikenberry and Anna Stowe DeNicola celebrate Judge Robert Katzmann’s tenure as Chief Judge of the Second
Circuit. Speaking with more than 20 judges, court staff members, and law school deans, the not-to-be-missed article, “The Remarkable Seven-Year Tenure of Chief Judge Robert Katzmann,” reflects on Judge Katzmann’s background, judicial career, and involvements before and during his tenure as chief judge.

From the Bench. The newest member of the Board of Editors of the Federal Bar Council Quarterly, U.S. Magistrate Judge Sarah L. Cave, is the author of the next article in this issue, “The Impact of COVID-19 on Federal Court Proceedings.” Here, Magistrate Judge Cave discusses how the COVID-19 pandemic has affected federal court litigation in the Second Circuit and how the courts in the Second Circuit have responded.

In the Courts. U.S. Magistrate Judge Lisa Margaret Smith writes about U.S. District Judge Philip M. Halpern of the Southern District of New York, who was confirmed by the U.S. Senate on February 12, 2020 and who was sworn in, quietly, on March 10, 2020 by Chief Judge Colleen McMahon.

Legal History. In his new legal history article for the Federal Bar Council Quarterly, entitled, “The Most Publicized Trial in History, and the Case with Perhaps the Most Legal Errors,” C. Evan Stewart reviews the trial of O.J. Simpson,
which took place 25 years ago. He discusses errors by the prosecution and the trial judge, as well as the evidence of Simpson’s guilt.

The Interview, Joseph J. Ellis is a historian and author of books on the American Revolutionary era. This article results from
a conversation Ellis had recently with Joseph A. Marutollo for the Federal Bar Council Quarterly about Ellis’
scholarship, his writing, and his insights for lawyers.








Federal Bar Council Quarterly - Mar./Apr./May 2020

5/11/2020

From the President. FBC President Judge Mary Kay Vyskocil discusses fellowship and community in challenging times and in the future.

From the Editor. Bennette D. Kramer writes about Steve Edwards – her friend, mentor, and supporter, and the founder of the Federal Bar Council Quarterly  – who died on April 8 of COVID-19.

Developments. The Federal Bar Council held its annual Winter Bench & Bar Conference from February 23 through March 1, 2020. Bennette D. Kramer reports on all but four of the programs, and on the Council’s honoring of Evan Chesler.

Personal History. Mark C. Zauderer reminisces about Brooklyn of the 1950s, his hometown.

In the Courts. Brian M. Feldman and Timothy W. Hoover tell us about Judge Lawrence Joseph Vilardo, a true son of Buffalo and U.S. District Judge for the Western District of New York.

Legal History. Much has been written about Winston Churchill. But this article, by Joseph Marutollo, highlights  his intriguing connection to the Eastern District of New York – and specifically, the Cobble Hill neighborhood

In the Courts. U.S. Magistrate Judge Lisa Margaret Smith reports on how technology is helping her to conduct settlement conferences in the age of COVID-19.

In the Court. Magistrate Judge Lisa Margaret Smith introduces a 48-year-old article by a high school valedictorian now known as Justice Sonia Sotomayor.

Federal Bar Council News. Travis J. Mock, the newest member of our Board of Editors, examines how the Federal Bar Council is rising to the challenge of COVID-19 and positioning itself for the future.

Federal Bar Council News. Avrom Robin discusses the Federal Criminal Practice Committee’s recent CLE program, “Sentencing: The View from the Bench.

A Lawyer Who Is Making a Difference. 
Here, Pete Eikenberry writes about Jojo Annobil, of the Immigrant Justice Corps. 

Federal Bar Council News. The First Decade Committee held its third volunteer event for Encore Senior Center. Participants are pictured in the photo on page 32.

Federal Bar Council Quarterly - Dec./Jan./Feb. 2020

2/3/2020

From the Editor. Bennette D. Kramer reviews Walking Out the Door: The Fact, Figures, and Future of Experienced Women Lawyers in Private Practice, which looks at why senior women lawyers are leaving their law firms at what should be the height of their careers. Walking Out the Door, Bennette writes, “provides a discouraging look at the departure of senior equity and non-equity partners and of counsel.”

Developments. Travis J. Mock discusses the Council’s Thanksgiving Luncheon, at which Chief Judge Janet DiFiore of the New York Court of Appeals was honored.

Catching Up With...Loretta E. Lynch. Loretta E. Lynch, the 83rd Attorney General of the United States, has returned to New York, where she is a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP. As you can see in our next article, Steven M. Edwards and Elizabeth Slater recently spoke in depth with Attorney General Lynch.

Legal History. In these pages 19 years ago, C. Evan Stewart examined the U.S. Supreme Court’s decision in Bush v. Gore. A lot has happened since then, and Evan has taken another look at the case. Read his article to see how he views the Court’s decision today.

In the Courts. In October 2018, the Southern District of New York Board of Judges approved a two-year pilot program called the Re-entry through Intensive Supervision and Employment (“RISE”) Court. Joseph Marutollo recently spoke about the RISE Court with District Judge Denise L. Cote, who helped inaugurate it, and Frederick Schaffer, who served as the first RISE Court liaison.

Lawyers' Lives. Pete Eikenberry discusses the life of Madison Grant, a Wall Street lawyer who has been credited with the formation of the New York Zoological Society and the Bronx Zoo – yet who was also a leader of the Nativist and Eugenics movements in the United States.

Federal Bar Council Quarterly - Sept./Oct./Nov. 2019

11/8/2019

From the Editor. Bennette D. Kramer tells us why she and her family continue to return to a cottage 800 miles from Brooklyn.

In the Courts.
Magistrate Judge Lisa Margaret Smith writes about her conversation with the newest Magistrate Judge for the Southern District of New York, Sarah L. Cave.


In the Courts. After more than two decades as a Magistrate Judge, Henry Pitman has retired. He spoke recently with Magistrate Judge Lisa Margaret Smith, who reports on their talk.


Legal History. In his next article, C. Evan Stewart discusses “The Trials of ‘Scooter’ Libby: Justice Run Amok?”


In the Circuit. Joseph Marutollo has an article summarizing his recent interview with the Second Circuit’s new Circuit Executive, Michael D. Jordan.


In Practice. Travis Mock stepped briefly beyond the Second Circuit to learn about the work of Farrin Anello, a senior staff attorney at the ACLU of New Jersey. Her work encompasses both litigation and policy advocacy to advance the rights of immigrants, immigrant communities, and Muslim-Americans.


Second Circuit Decisions. Charles C. Platt analyzes the Second Circuit’s recent decision in United States v. Gramins – the latest in the “Litvak” series of decisions that address whether evidentiary rulings in securities fraud cases “unfairly tipped the scales” in favor of the government on the issue of “materiality.”

In the Courts. Stephen L. Ratner, Steven H. Holinstat, and Edward J. Canter report on a new Second Circuit Judge, Richard J. Sullivan.

Criminal Justice. 
Pete Eikenberry discusses the implications of the ACES Study on criminal justice reform.

Federal Bar Council Quarterly - Jun./Jul./Aug. 2019

7/25/2019

From the President-Elect of the Federal Bar Council. Jonathan M. Moses, the president-elect of the Council, explains a bit about the Council’s history, and what it is doing for its future.

From the Editor. Bennette D. Kramer reports on the Law Day Dinner, at which Second Circuit Judge Guido Calabresi
received the Learned Hand Medal.

What’s on Your Wall? Judge Vincent L. Briccetti tells us about a print on his office wall, of the first reading of the
Emancipation Proclamation.

My ViewSteven M. Edwards dissects two different constitutional viewpoints, originalism and the living
constitution, within the context of
Roe v. Wade.

FBC News. In April, Ellen V. Holloman was admitted to the bar of the Supreme Court of the United States along with nearly two dozen other members of the Federal Bar Council. Here, she reflects on this career milestone.

FBC News. The Federal Bar Council recently held its annual Judges Reception at the Union League Club in Murray Hill. David B. Shanies reports.

Legal History. Joseph Marutollo recently interviewed Lincoln historian Harold Holzer, who had some interesting things to say about America’s 16th president and his connection to Brooklyn and what became known as the Eastern District of New York.

In the RingHall of Fame boxing analyst and trainer Teddy Atlas spoke recently with Joseph A. Marutollo about
boxing and litigation.

In (and Out) of Court. Pete Eikenberry discusses judges as human beings in the courtroom and as advocates for justice outside of it.

Upcoming Federal Bar Council Events.

Federal Bar Council Quarterly - Mar./Apr./May 2019

4/23/2019

From the President (of the Federal Bar Council’s Inn of Court). Marjorie E. Berman, the president of the Federal Bar Council’s Inn of Court, tells us a bit about what the Inn of Court is and what it has been doing.

From the Editor. Second Circuit Judge Raymond J. Lohier, Jr., the judicial chair of the Winter Conference Planning Committee, interviewed Steven Peikin of the Securities and Exchange Commission at the Winter Bench and Bar Conference. Our editor-in-chief, Bennette D. Kramer, discusses what was said.

Developments. Here, Bennette D. Kramer summarizes the programs presented at the Winter Meeting.

Developments. Pete Eikenberry reports on Ernest Collazo receiving the Whitney North Seymour Award at the Winter Meeting.

Legal History. In his new article, C. Evan Stewart examines the U.S. Supreme Court decisions in the Gold Clause cases.

What’s on Your Wall? Lisa Denig, the bureau chief of special litigation at the Westchester County District Attorney’s Office, explains why she has a Norman Rockwell print on her office wall.

In Brief. Pete Eikenberry helps us smile with two anecdotes about attorney Paul O’Dwyer.

Judges Reception. Here is a photo by Jack McCoy of some of the judges recently honored at a reception by the Federal Bar Council.

 

Federal Bar Council Quarterly - Dec./Jan./Feb. 2019

1/7/2019

From the President (of the Federal Bar Foundation). Sean Coffey, the new president of the Federal Bar Foundation, tells us a bit about what the Foundation is and what it does, and what he would like to see as its future.

From the Editor. Our editor-in-chief, Bennette D. Kramer, reports on the Thanksgiving Luncheon and the presentation of the Emory Buckner Medal in recognition of outstanding public service to Southern District of New York Judge Naomi Reice Buchwald.

Emory Buckner. Jeffery A. Handelman discusses some lesser known aspects of the life of Emory Buckner, “the man behind the award” just given to Judge Buchwald.

What’s on Your Wall? Here, Magistrate Judge Lisa Margaret Smith highlights six prints on her office wall displaying charcoal portraits of the six members of the Second Circuit known as the Learned Hand Court. Read­ers, if you have something special on your wall and would like to tell us about it, please let us know.

From the Bench. Magistrate Judge Lisa Margaret Smith profiles Judge Vincent L. Briccetti of the Southern District of New York.

In the Courts. Joseph A. Marutollo chatted recently with Chief Judge Janet DiFiore of the New York State Court of Appeals. Here’s what she had to say.

Intellectual Property Update. Our next article, by David L. Hecht and Wen Wu, highlights the steps that law firms should take to protect their own intellectual property.

Government Lawyers. Anjelica Sarmiento discusses the unusual background and rules relating to the appointment of interim U.S. Attorneys in her article, “How Did 17 Interim U.S. Attorneys Get Appointed?”

Personal History. Pete Eikenberry recently took a trip back to Mississippi and Alabama; here’s what he saw.

 

Federal Bar Council Quarterly - Sept./Oct./Nov. 2018

11/14/2018

From the President. In his final column as president of the Federal Bar Council, David Schaefer looks to the Council’s future.

From the Editor.
Bar associations are losing membership and accompanying revenue, our editor-in-chief, Bennette D. Kramer, observes in her column. She explains the actions that some bar associations are taking in an effort to deal with those problems – and how the Federal Bar Council is doing.

In the Courts.
Brian M. Feldman recently spent time speaking with District Judge Brenda Kay Sannes of the U.S. District Court for the Northern District of New York. Here, he reports on those conversations.

In the Courts.
Pro se litigation comprises a substantial part of the docket in the Southern District of New York. To learn more about this area of litigation, Joseph Marutollo recently met with Margaret A. Malloy, chief counsel of the Office of Pro Se Litigation for the Southern District of New York, and Robyn Tarnofsky, director of the New York Legal Assistance Group Legal Clinic for Pro Se Litigants in the Southern District of New York.

Intellectual Property Update.
Our next article, by Peter J. Toren, highlights the steps that law firms should take to protect their own trade secrets.

Oh Canada.
In his article, “Internment of ‘Aliens’ Here and There,” Steven Flanders examines the 1914-1920 internment in Canada of Canadians of Ukrainian descent under the War Measures Act of 1914.

Legal History.
In his article, “Chappaquiddick: Did The Justice System Work?,” C. Evan Stewart focuses on how well the justice system handled what has been called the “most famous traffic fatality of the [Twentieth] century.”

Lawyers Who Have Made a Difference.
Pete Eikenberry and Les Fagen reminisce about a lawyer who made a difference: Ed Costikyan.

Federal Bar Council Quarterly - June/July/Aug. 2018

8/17/2018

From the Editor. Editor-in-Chief Bennette D. Kramer revisits the Federal Pro Se Legal Assistance Project of the City Bar Justice Center, which has been open at the Eastern District of New York courthouse since March 2015.

From the Bench. In his article, “Angels in the Second Circuit,” Senior Judge Jon O. Newman discusses several references to the Second Circuit Court of Appeals in Tony Kushner’s Angels in America.

From the Bench. Magistrate Judge Lisa Margaret Smith offers some reminders about discovery practices now required by the 2015 amendments to the Federal Rules of Civil Procedure.

In the Courts. Joseph A. Marutollo writes about his conversation with U.S. Magistrate Judge Stewart D. Aaron, who was sworn in as a magistrate judge of the U.S. District Court for the Southern District of New York on December 1, 2017.

In the Courts. In “Emory Buckner and the ‘Police Court,’” Steven Flanders highlights a story associated with the fact that Emory Buckner did not always have kind words for the court where he and colleagues in the U.S. Attorney’s office brought their cases.

Intellectual Property Update. Peter S. Sloane, the chair of the Federal Bar Council’s Intellectual Property Committee, explores the recent Second Circuit decision in Board-Tech Electronic Co., Ltd. v. Eaton Corporation, No. 17-3829-cv (2d Cir. June 11, 2018), in his article, “UL Certification at Issue in Second Circuit Decision.”

FBC News. Alexander P. Wentworth-Ping reports on the First Decade Committee’s annual Summer Kick-Off Happy Hour, including the Thurgood Marshall Award recipients and nominees

A Personal History. Pete Eikenberry seems ready to retire from the practice of law. Here, he wonders what comes next.

Upcoming Federal Bar Council Events.