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Author: David

The Elusive Rule of Law

As we approach the semi-quincentennial anniversary of our nation during a time of heightened political polarization, it is an appropriate time to discuss where the United States stands today with respect to the rule of law. That principle of American democracy has played a crucial role from our nation’s birth in ensuring that our country … Continued

Burden of Proof: Court Can’t ‘Just Say No’

Inherent Power of Courts It is well settled that a court in New York State has the inherent power to control its own calendar. As the Court of Appeals stated in Headley v. Noto,[1] in the context of multiple actions: “It is well recognized that the power to control its calendar is a vital consideration … Continued

Trap for the Unwary: How Pleadings and Collateral Contracts Can Unintentionally Forfeit the Right to a Jury Trial

Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or … Continued

President-Elect Candidate Statement: Michelle H. Wildgrube

I submit this statement to declare my candidacy for President-Elect of the New York State Bar Association. I have been a member of NYSBA since my admission to the bar. I became active in NYSBA in the second half of my career, when I was asked to serve as a District Representative for the Real … Continued

President-Elect Candidate Statement: Mirna Martinez Santiago

Show up. Speak up. Woman up. Those are the words I live by. Those are the first words I tell my students when they walk into any Girls Rule the Law program. It means that while it’s important to show up (to register, to join, to sign up), it is equally important to participate meaningfully. … Continued