A banana duct-taped to a wall sold for $6.2 million. Maurizio Cattelan’s work, “Comedian,” has been deemed one of the most “talked about works of the century,”[1] though much of the conversation has been sharply critical.[2] Indeed, when art is produced with minimal skill and creativity, inevitably, it garners scrutiny. Perhaps it is no surprise … Continued
Across the history of democratic thought, one theme endures: A just society requires educated, engaged citizens.[1] Aristotle argued that the purpose of law is not only to regulate but to cultivate virtue and shape citizens capable of intelligently participating in public life.[2] In the early American republic, Thomas Jefferson warned that without widespread civic education … Continued
This past April, the National Conference of Bar Examiners announced that it was changing its guidance on what has become a controversial question on state bar applications. The change, as shown in the organization’s new sample application, eliminates the requirement of mental health disclosure. The sample application the bar examiners provide is used by many … Continued
In June 2023, in a Pearl Street courtroom in Manhattan, Judge P. Kevin Castel sat down to write what would become one of the most quoted federal opinions of the decade, Mata v. Avianca, Inc.[1] The facts have entered the legal malpractice canon. A New York personal injury attorney typed his client’s case into ChatGPT, … Continued
Executive Summary This report outlines the priorities, initiatives, and organizational focus for the coming year. It is grounded in the New York State Bar Association’s mission to advance the success of its members, promote equal access to justice, and uphold the rule of law. The year ahead presents an opportunity to build on the Association’s … Continued
The work of attorneys can be arduous. With demanding caseloads comes an openness to tools that can help us do our jobs more efficiently. The advent of online legal research was a game changer for attorneys decades ago. In recent years, generative artificial intelligence – AI that can create original content such as text, images, … Continued
For this article, in which we celebrate NYSBA’s 150th Anniversary, the authors take on the question of what has evolved in the area of professionalism and ethics over the last 150 years. To the Forum: I have found myself in a strange and amazing predicament. Let me explain. I am an American. I was born … Continued
“If I can only make it to Friday,” I thought while I was coughing, congested and fatigued, “I can sleep in and rest to beat this cold.” It was Wednesday. I had several meetings to lead, 20 things on my “to-do” list to complete and two PowerPoint presentations I needed to finish. I took two … Continued
A Magnificent, Benevolent Statute CPLR 205(a) is a statute every New York State litigator must be familiar with. Known as the “savings statute,” the statute (and its predecessors) “has existed in New York law since at least 1788,” and traces “its roots to seventeenth century England.”[1] The Court of Appeals in Malay v. City of … Continued
Please be advised that, effective June 1st, the New York State Unified Court System has adopted a new rule, Part 161, regulating the use of Artificial Intelligence (“AI”) by attorneys in the New York State courts. The new rule permits the use of AI tools in preparing submissions to the court and does not mandate … Continued