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 - 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

2/8/2017

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. 

Federal Bar Council Quarterly - Dec./Jan./Feb. 2015

3/15/2015
From the President. New Council President Vilia B. Hayes writes of her first introduction to the Council, its collegiality, and some of its many activities.

From the Editor. Co-editor-in-chief Bennette D. Kramer explores some answers to the gender pay gap that she has been discussing in past columns. 

Developments. U.S. Senator Richard Blumenthal of Connecticut was honored at the Council’s Thanksgiving Luncheon with the Emory Buckner Award for outstanding public service, as described in this article by Bennette D. Kramer. 

Speaking With. Steven M. Edwards and Andrew Leff talk with former N.Y. Court of Appeals Judge Robert Smith, who highlights numerous experiences at Paul Weiss and on the Court. 

Legal History. C. Evan Stewart’s article, “Tom Dewey in the Second Circuit,” focuses on Dewey’s pre-political career in the law, which, because of his success and prominence, catapulted him into the public spotlight, where he remained for decades. 

FBC News. Peter S. Sloane, the chair of the Federal Bar Counci’s new Intellectual Property Committee, discusses the committee’s goals and previews some of its activities in his article, “Council Launches New IP Committee.” 

Essay. Questions have arisen about the legality of the operations by the United States and a coalition of other countries against ISIS. Steven M. Edwards examines the issues in his essay, “Is the Bombing of ISIS in Syria Legal?” 

Personal History. Pete Eikenberry recently returned to Grenada, Mississippi, to speak with people who were there in 1966 when he and other lawyers sought to help enforce federal court orders and protect residents’ rights.

Federal Bar Council Quarterly Sept./Oct./Nov. 2014

12/15/2014
From the President. Council President Robert J. Anello explains how the Council participates in and develops programs that benefit our members and our community.

From the Editor. Co-editor-in-chief Bennette D. Kramer discusses how she and her father – who spent years as a director of and legal counsel to two railroads – shared a love of trains.

In the Courts. Magistrate Judge Lisa Margaret Smith highlights how the Southern District of New York celebrated its 225th anniversary.

FBC News. Margie Berman discusses the 50th anniversary celebration of the Federal Bar Council Foundation.

Legal History. Next year marks the 50th anniversary of Griswold v. Connecticut, and James I. Glasser and Benjamin M. Daniels examine the roles of P.T. Barnum, Justice Harlan, and Connecticut in the development of the right to privacy.

Legal History. Molly Guptill Manning’s newest article explores the fight against censorship during World War II.

FBC News. Bennette D. Kramer tells us about the Council’s Fall Retreat, held in October at the Inn at Pocono Manor in Pocono Manor, Pennsylvania. 

New Appointments. Stephen Ratner and Stephen Holinstat introduce us to new Southern District of New York Judge Katherine Polk Failla. 

New Appointments. Magistrate Judge Lisa Margaret Smith welcomes new Magistrate Judge Judith C. McCarthy. 

And More. We conclude the issue with, “The Belfast Project and the Dangers of the Subpoena Power,” by James L. Bernard and Nathan H. Stopper (p. 23), and Pete Eikenberry’s interview of Congressman John Lewis (p. 28). 

Federal Bar Council Quarterly - June/July/Aug. 2014

8/21/2014
From the President. Council President Robert J. Anello discusses the Council’s past, present, and bright future.

From the Editor. Co-editor-in-chief Bennette D. Kramer introduces us to the Council’s new Executive Director, Joan Salzman. 

Developments. Read what Justice Breyer had to say at the Law Day Dinner after he received the Learned Hand Medal. 

FBC News. Thomas E. Bezanson has all of the details on the upcoming Fiftieth Anniversary celebration of the Federal Bar Foundation on October 2. 

New Appointments. James I. Glasser tells us about new Connecticut District Court Judge Jeffrey A. Meyer. 

Legal History. C. Evan Stewart discusses the Fugitive Slave Act of 1850 and how the trial of Anthony Burns helped lead to the Civil War. 

Legal History. In the second part of a two-part article, Pete Eikenberry reflects on Watergate, 40 years later. 

Technology Corner. In “Confessions of a Digital Curmudgeon,” Steve Edwards tells us some of the things about today’s technology that bother him. 

Litigation Practice. Brian J. Farrar explores a new bill that has been introduced in the New York legislature, and the ramifications it may have for foreign corporations sued in federal courts. 

In the Courts. Andrew S. Harris reports on the STAR Program in the Eastern District of New York. 

Personal History. Pete Eikenberry concludes this issue with his article, “‘Striking Out’ with Miles, Inspired by Darrow, and Advice from Spock.”