The Article III Cases and Controversies Clause of the U.S. Constitution draws boundaries of federal judicial power.[1] The constitutional standing doctrine limits the group of litigants empowered to bring a lawsuit in federal court to ensure that federal courts do not exceed their authority.[2] To meet standing, the party must prove that (1) the party … Continued
Domenick Napoletano, president of the New York State Bar Association, issued the following statement in response to Gov. Kathy Hochul signing a bill that allows the chief administrative judge to institute e-filing in any of the state’s trial courts: “This law allows attorneys to better serve their clients by reducing the amount of needless paperwork. … Continued
Domenick Napoletano, president of the New York State Bar Association, issued the following statement about Gov. Kathy Hochul’s veto of S7576A/A9143, which would allow a judge’s family to receive state-paid death benefits if a judge dies while in office: “The veto of the ‘Death Gamble Bill’ by Gov. Hochul is a travesty for our judges … Continued
Domenick Napoletano, president of the New York State Bar Association, issued the following statement about the out-of-state notarization bill signed by Gov. Kathy Hochul: “We appreciate that the bill signed by Gov. Hochul provides much needed clarity on out-of-state notarizations. By eliminating the need for a certificate of conformity for an out-of-state notarization, New York … Continued
The recent indictment of New York City Mayor Eric Adams on bribery and campaign finance charges is only the latest example of the prosecution of state and local New York officials in federal rather than state courts in New York for corruption crimes. Aside from Adams, in the last 20 years federal authorities have prosecuted … Continued
Sex trafficking in real life is different from sex trafficking in fiction. While the popular image is a victim forced into sex work through violence, the reality of these crimes is more complex. And prosecutors are accounting for that reality. A recent Continuing Legal Education class covered recent trafficking cases, including charges against celebrity Sean … Continued
New York State recently authorized transfer on death deeds for real property offers. Property owners and their counsel can take advantage of this simplified method of transferring assets to beneficiaries; however, a transfer of death deed is not appropriate for all situations and has, in some cases, complicated matters more than it simplified them. History … Continued
Opioid addiction is a public health crisis that affects all walks of life. This crisis is most devastating in marginalized communities that lack the resources to provide users with appropriate care. What is needed is a comprehensive program to ensure that all persons addicted to opioids, whether in cities or suburbs, in affluent neighborhoods or … Continued
Describe your journey to becoming a NYSBA leader? I became more actively involved in NYSBA in 2013 through an appointment to the Committee on Attorney Professionalism. Marion Fish was the outgoing chair and Lillian Moy was just beginning her term. I knew immediately that I had joined the right committee. Lillian included me in the … Continued
NYSBA is presenting a CLE Program on Monday, Dec. 9, 2024, from 12:30 p.m. to 2:00 p.m. on “Sex Trafficking in New York: How to Prosecute the Offenders and Aid the Survivors.” There are many federal and state criminal laws that are employed to prosecute sex traffickers. On the federal level, these include laws prohibiting … Continued