Solo/Small Firm Solution Room–GP Section–FREE Program for Section Members

GP Section members in the Capital Region:

 

The NYSBA General Practice Section is hosting a program for solo and small firm attorneys as follows:

 

Date:    Tuesday, June 19, 2018

Time:    5:30-7:30pm – Registration and light dinner at 5pm

Place:   New York State Bar Center | 1 Elk Street, Albany, NY

 

The event is free to General Practice Section members ($0 GP Section members / $15 NYSBA members / $30 non-members), but pre-registration is required.

 

The concept is simple: Lawyers talking to lawyers, about the real issues of solo and small firm practice. A facilitated format (The Solution Room) keeps discussion focused and lively, while attendees with a range of experience levels have opportunity to both give and receive advice on professional challenges. The Solution Room format has been used successfully in a range of professions on multiple continents to engage professionals in productive peer-to-peer discussion. The program will be facilitated by Adrian Segar of Conferences That Work in Marlboro, VT. For more details, see www.nysba.org/SoloSR18.

 

To register:

Register online at www.nysba.org/SoloSR18

 

Or GP Section members may RSVP via email to generalpractice@nysba.org. Please indicate your approximate length of time in solo/small firm practice, whether (a) 6 months-5 years (b) 6-10 years (c) 11-15 years, (d) 16-20 years, or (e) 20 years+.

 

And tell a friend!

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Statement on NY Court of Appeals Decision in Chimpanzee Rights Cases–Nonhuman Rights Project

Chimpanzee. Taken at the Los Angeles Zoo.

Chimpanzee. Taken at the Los Angeles Zoo. (Photo credit: Wikipedia)

May 8, 2018–New York, NY–Today, Eugene M. Fahey–an Associate Judge on New York’s highest court, the Court of Appeals–issued an opinion that is already being seen as an historic mark of progress in the fight to secure fundamental legal rights for nonhuman animals.

Without giving a ground for its action, the Court of Appeals as a whole again refused to hear our motion for further review of a lower court decision on behalf of chimpanzees Tommy and Kiko. This in itself is not significant insofar as the Court of Appeals rejects the vast majority of motions it receives for permission to appeal.

But Judge Fahey’s concurring opinion makes clear that the decision not to hear Tommy and Kiko’s cases was not made on the merits of the NhRP’s claim.

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Here are three remarkable excerpts from the opinion:

“In elevating our species, we should not lower the status of other highly intelligent species.”

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“To treat a chimpanzee as if he or she had no right to liberty protected by habeas corpus is to regard the chimpanzee as entirely lacking independent worth, as a mere resource for human use, a thing the value of which consists exclusively in its usefulness to others. Instead, we should consider whether a chimpanzee is an individual with inherent value who has the right to be treated with respect.”

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“In the interval since we first denied leave to the Nonhuman Rights Project, I have struggled with whether this was the right decision. Although I concur in the Court’s decision to deny leave to appeal now, I continue to question whether the Court was right to deny leave in the first instance. The issue whether a nonhuman animal has a fundamental right to liberty protected by the writ of habeas corpus is profound and far-reaching. It speaks to our relationship with all the life around us. Ultimately, we will not be able to ignore it. While it may be arguable that a chimpanzee is not a ‘person,’ there is no doubt that it is not merely a thing.”

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Read more…

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Cuomo Says ICE Agents Need Warrants to Enter State Buildings | New York Law Journal

By Andrew Denney |

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New York Gov. Andrew Cuomo fired a shot across the bow at federal immigration authorities on Wednesday, threatening legal action to curtail aggressive tactics by agents that he says have infringed on immigrants’ constitutional rights and for allegedly targeting immigrant advocates.

Cuomo also issued an amended executive order requiring Immigration and Customs Enforcement agents to have a warrant if they make an arrest in a state-owned facility.

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Read more…

NY AG: To allow state prosecutions of pardoned Trump aides, change double jeopardy–ABA Journal

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New York Attorney General Eric Schneiderman wants to change the state’s double jeopardy law to allow prosecutions if President Donald Trump issues “strategically timed” pardons to indicted aides or other individuals.

Schneiderman asked state lawmakers for a change to the “double jeopardy loophole” on Wednesday, report the New York Times, the New York Law Journal, the Atlantic and Politico. A press release is here, and the letter is here.

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Read more…

Sharply Divided Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment | New York Law Journal

By Andrew Denney

Ruling on an issue that has divided New York judges and “perplexed courts for some time,” a split Court of Appeals ruled that plaintiffs in comparative negligence cases need not bear the “double burden” of disproving their own negligence to win on summary judgment.

The high court’s 4-3 ruling clears up an issue that has bedeviled New York courts for decades, which has resulting in inconsistent case law on the issue of whether plaintiffs have to show that they are free of negligence to succeed on a summary judgment motion when determining a defendant’s liability.

Writing for the majority, Judge Paul Feinman said placing the burden on the plaintiff, a New York City sanitation worker injured on the job who sued the city government, to show an absence of fault is inconsistent with a state statute, which since 1975 has directed courts to assess a plaintiff’s comparative negligence only at the damages stage.

Read more…

‘Testilying’ by Police: A Stubborn Problem – The New York Times

Police lying persists, even amid an explosion of video

evidence that has allowed the public to test officers’ credibility.

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“Behind closed doors, we call it testilying,” a New York City police officer, Pedro Serrano, said in a recent interview, echoing a word that officers coined at least 25 years ago. “You take the truth and stretch it out a little bit.”

An investigation by The New York Times has found that on more than 25 occasions since January 2015, judges or prosecutors determined that a key aspect of a New York City police officer’s testimony was probably untrue. The Times identified these cases — many of which are sealed — through interviews with lawyers, police officers and current and former judges.

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Read more…

About LawHelpNY | New York

LawHelpNY.org, powered by Pro Bono Net, is an online tool for helping low-income New Yorkers solve their legal problems. Our mission is to provide and promote access to high-quality online information about:

  • Free legal services throughout New York State
  • Legal rights in a broad range of substantive areas
  • The New York State court system
  • Advocacy groups, government offices and social service organizations that help low-income New Yorkers

We are committed to helping low-income and other vulnerable New Yorkers achieve equal access to justice by providing information that is user-friendly in English, Spanish and other languages.

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LawHelpNY.org is New York’s only comprehensive source of legal referral information and includes:

  • More than 600 free legal service projects and organizations with their contact and intake information
  • More than 4,000 Know Your Rights and self-help resources covering 11 areas of law
  • Information about the Court system
  • AyudaLegalNY.org, a Spanish mirror website
  • Legal rights resources in more than 30 languages
  • LiveHelp, a real-time chat service that helps users find the legal help they need

Read more…