Author: David

Academic Freedom as a Constitutional Right

For more than half a century, courts, universities and scholars have invoked academic freedom as both a constitutional doctrine and a defining institutional value. Yet despite this illusive importance, there is no stable or widely accepted legal framework governing the scope, limits and enforceability of academic freedom in the context of modern higher education.[1] Today, … Continued

Happy 150th, NYSBA!

Annual Meeting 2026 Thousands of lawyers attended our meeting at the Hilton Midtown in New York City. NYSBA staff came together to execute one of our biggest and best meetings ever: The Constance Baker Motley Symposium celebrated the courage and entrepreneurial spirit of Madam C.J. Walker and the guidance and wise counsel she received from … Continued

New Americans with Disabilities Act Title II Accessibility Requirements for Public Colleges and Universities: What In-House Counsel Should Do Now

In April 2024, the U.S. Department of Justice issued a final rule updating its regulations for Title II of the Americans with Disabilities Act (ADA) to specifically require that state and local government websites, mobile applications and other digital tools be accessible to individuals with disabilities. Public colleges and universities are now entering a decisive … Continued

Avoiding Sanctions in the Gen AI Era: Practical Guardrails for Lawyers

Generative artificial intelligence has now been part of the public legal landscape for nearly three years, and one danger has consistently eclipsed the rest: hallucinations.[1] In this context, “hallucinations” are outputs that present false information as fact. They can stem from a range of causes, including gaps or errors in training data, imprecise or confusing … Continued

Immigration Topics Every Lawyer Needs To Know Under Trump 2.0

January 2026 marked the completion of President Trump’s first year of his second term in the White House. While the year was filled with new initiatives, Trump’s focus on immigration is perhaps the most consequential, not just because of the protests it has sparked but also because of the legal questions it has raised. Over … Continued

The Federal Arbitration Act at 100 and the New York Connection

In 2025 and 2026, we celebrate the centenary of the Federal Arbitration Act and the birth of the American Arbitration Association. These tandem events are no coincidence. These twin celebrations present the rare opportunity to examine the relationship and recognize the central contribution of visionary and strategic New York lawyers to today’s vastly expanded world … Continued

Looking Back in Search of a More Equitable Future

Over the course of writing this article, I had the honor of participating in a Sankofa ceremony commemorating a Black man who was lynched in the Adirondacks in 1932. His name is lost to history.[1] Rooted in cultural traditions from the Akan people of Ghana, Sankofa ceremonies emphasize the importance of reconnecting with the past … Continued