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 - 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.

 

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).