Inter Arma Silent Leges

207 Pages·2002·0.59 MB·English

THE RECORD
OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
winter/Spring 2002 vol. 57, No’s. 1-2
RESPONDING TO
SEPTEMBER 11th
W I N T E R / S P R I N G 2 0 0 2 ◆ V O L. 5 7, N O ’ S. 1-2
1
THE RECORD
WWWWWIIIIINNNNNTTTTTEEEEERRRRR/////sssssppppprrrrriiiiinnnnnggggg 22222000000000022222 vvvvvooooolllll..... 5555577777,,,,, NNNNNooooo’’’’’sssss..... 11111-----22222
Contents
INTRODUCTION 3
PRESIDENT’S SEPTEMBER 14, 2001 LETTER TO ASSOCIATION 4
MEMBERS
6
IN MEMORIAM
AFTER SEPTEMBER 11: 10
NATIONAL AND INTERNATIONAL LEGAL TASKS
Justice Stephen G. Breyer
ENDURING VALUES AND CHANGING TIMES 20
Chief Judge Judith S. Kaye
LETTER TO IMMIGRATION AND NATURALIZATION SERVICE,
RE: INS NO. 2171-01 CUSTODY PROCEDURES, 66 FED.
REG. 48334 (SEPTEMBER 20, 2001) 31
The Committee on Immigration and Nationality Law
INTER ARMA SILENT LEGES: IN TIMES OF ARMED CONFLICT
SHOULD THE LAWS BE SILENT? A REPORT ON THE PRESIDENT’S
MILITARY ORDER OF NOVEMBER 13, 2001, REGARDING
“DETENTION, TREATMENT, AND TRIAL OF CERTAIN
NON-CITIZENS IN THE WAR AGAINST TERRORISM” 39
The Committee on Military Affairs and Justice
THE PRESS AND THE PUBLIC’S FIRST AMENDMENT
RIGHT OF ACCESS TO TERRORISM ON TRIAL: A POSITION PAPER 94
The Committee on Communications and Media Law
SEPTEMBER 11TH LEGAL INITIATIVE 170
RECENT COMMITTEE REPORTS 180
NEW MEMBERS 183
Cover photo: Rick Kopstein/iwitnessphotos.com
THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW
YORK is published four times a year ,Winter, Spring, Summer and Fall, by The
Association of the Bar of the City of New York, 42 West 44th Street, New
York, NY 10036-6689. Available by subscription for $60 per volume. For
information call [phone]. Periodicals postage paid at New York, NY and
additional mailing offices. USPS number: 012-432/ISSN: 0004-5837. Postmaster:
Send address changes to THE RECORD OF THE ASSOCIATION OF THE BAR
OF THE CITY OF NEW YORK, 42 West 44th Street, New York, NY 10036-6689.
THE RECORD is printed on paper which meets the specifications of American
National Standard ANSI Z39.49-1984, Permanence of Paper for Printed Library
Materials. Copyright © 2002 TTh eH AsEs o cRia tEi oCn oOf Rt hDe Bar of the City of New
York. All rights reserved.
2
EDITORIAL BOARD
EVAN A. DAVIS DANIEL F. KOLB
President Chair, Executive Committee
BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN
Executive Director General Counsel
MARK WOLKENFELD
Editor
HOW TO REACH THE ASSOCIATION
MAIN PHONE NUMBER: COMMITTEE MEMBERSHIP
[phone] Stephanie Rook
[phone]
WORLD WIDE WEB ADDRESS: [email protected]
http://www.abcny.org
COMMUNICATIONS
PRESIDENT Andrew J. Martin
Evan A. Davis [phone]
[phone] [email protected]
[email protected]
CONTINUING LEGAL EDUCATION
Michelle Schwartz-Clement
EXECUTIVE DIRECTOR
[phone]
Barbara Berger Opotowsky
[email protected]
[phone]
[email protected] LAWYER ASSISTANCE PROGRAM
Eileen Travis
GENERAL COUNSEL [phone]
Alan Rothstein [email protected]
[phone]
LEGAL REFERRAL SERVICE
[email protected]
Allen J. Charne
ADMINISTRATIVE SERVICES [phone]
Robin Gorsline [email protected]
[phone]
LIBRARY
[email protected]
Richard Tuske
[phone]
ADVERTISING
[email protected]
Sharon MacNair
[phone] Copy Services: [phone]
[email protected] Reference Desk: [phone]
MEMBERSHIP AND BENEFITS MEETING SERVICES
Melissa Halili Nick Marricco
[phone] [phone]
[email protected] [email protected]
CITY BAR FUND SMALL LAW FIRM CENTER
Maria Imperial [phone]
[phone] [email protected]
[email protected]
W I N T E R / S P R I N G 2 0 0 2 ◆ V O L. 5 7, N O ’ S. 1-2
3
Introduction
This issue of The Record is devoted to materials that illustrate some of
the ways the Association and legal profession in New York City were af-
fected by and responded to the September 11 terrorist attack on the World
Trade Center. It is dedicated to the six members of the Association and a
former employee of the Association who died in the attack: Richard A.
Aronow, Mark A. Brisman, Kirsten L. Christophe, Charles Austin McCrann,
John M. Moran, David B. Weiss and Joanna Vidal.
These members of our City Bar family and the others killed or injured
as a result of the September 11 attacks join countless other victims of
crimes of hate whom family, friends and colleagues have mourned through
the centuries. Following September 11, however, we have seen our profes-
sion take on a new attitude of engagement and purposefulness. We seem
more determined that hate and bigotry will lose and that justice will win.
Our goal should be to have this new attitude endure. If it does, the
fuller engagement of the profession in the great contest for a more secure
and just city, nation and world will be an excellent memorial to the vic-
tims of September 11.
T H E R E C O R D
4
President’s Letter to
Association Members
September 14, 2001
Dear Member of the Association of the Bar:
The goal of the terrorist is to confuse, disorient and weaken. As Mayor
Giuliani has emphasized, we must do our best to frustrate this goal by
bearing the unbearable and restoring as much of the structure of our
daily life as we can as quickly as possible.
In our society much of the basic structure is provided by law and by
the judges and lawyers who use the law to promote business, public safety
and the rights and welfare of all our people.
I am so proud of how the New York City Bar has responded to the
current emergency. There has been an outpouring of offers of assistance
from law firms, individual lawyers, legal institutions and organizations,
from opening their offices to lawyers who need a place to work to provid-
ing free service to people affected by the tragedy.
Our House and Library are open to any lawyer who needs a place to
work, meet with clients or make cell phone calls. Lawyers who would like
to volunteer their services, and firms that have space available where dis-
placed lawyers can work, should call us at 382-6629. We are in the process
of identifying specific ways that lawyer volunteers can be used. Those
persons needing legal assistance should be referred to our Legal Referral
Service at 626-7373.
I want to extend the Association’s condolences to the friends and
family of all who were lost. At another time, we will pay fuller tribute.
The Association, through its committees, will also lend whatever as-
W I N T E R / S P R I N G 2 0 0 2 ◆ V O L. 5 7, N O ’ S. 1-2
5
P R E S I D E N T ’ S L E T T E R
sistance it can to addressing the legal and policy issues our nation and
the rest of the international community faces in dealing with this trag-
edy and its aftermath.
I want to end by noting the messages of solidarity we have received
on your behalf from bar associations and law societies in cities across our
nation and around the world. We can repay their support by doing what
we do best—setting the very best example of excellence including even
excellence in denying evil its hoped for prize.
Sincerely,
Evan A. Davis
T H E R E C O R D
6
In Memoriam
September 11, 2001
The following is a special remembrance of Association members and
former staff who perished in the World Trade Center Tragedy on Sep-
tember 11, 2001. The text is taken from former colleagues of the
deceased, Association records and accounts written in The New York
Times.
RICHARD A. ARONOW
Richard Aronow, Deputy Chief of the Port Authority of New York and
New Jersey’s Law Department, joined the Association in 1982. Richard was
a long-time active member of the Association’s Transportation Commit-
tee. In a letter written to Richard’s wife, Laura Weinberg, Robert Bergen,
Chair of the Transportation Committee, described Richard as a “loyal
and active” member of the Committee. “His quiet but strong and consis-
tent commitment to the values of the Bar Association and to the impor-
tance of a vibrant and effective transportation system served to sustain
the work of our Committee throughout his years of participation....While
his absence from our meetings will be an ongoing reminder of this ter-
rible loss, we will also remember Richard’s commitment and devotion to
the values and professional interests that we shared with him as we carry
forward.”
MARK A. BRISMAN
Mark Brisman, an attorney with Harris Beach, joined the Association in
1996 and served on the Young Lawyers Committee. “Mark Brisman was a
W I N T E R / S P R I N G 2 0 0 2 ◆ V O L. 5 7, N O ’ S. 1-2
7
I N M E M O R I A M
dedicated member of the Young Lawyers Committee in the late 1990s.
Each year, Mark gave generously of his time to coordinate the massive
undertaking of reading and grading all competition briefs in the Region
2 and National Finals level of the Moot Court Competition,” recalled
Christopher Garvey, Chair of the Committee. “Mark was a practicing at-
torney in the toxic torts field at Harris Beach. He was a wonderful hus-
band and devoted father.”
KIRSTEN L. CHRISTOPHE
Kirsten Christophe, an attorney with AON Risk Management Services,
was an Association member for seven years and was active on the
Association’s Professional and Judicial Ethics Committee and the Profes-
sional Responsibility Committee. According to a tribute written in The
New York Times, “Kirsten was recognized as an expert in the field of risk
management and she often advised law firms on how to avoid malprac-
tice claims.” Kirsten had left AON in 1996 but returned to work for the
company on September 1, 2001. She was described as a devoted wife and
mother who often took her husband and daughter on business trips.
MATTHEW G. LEONARD
Matthew Leonard, Director of Litigation for Cantor Fitzgerald, joined the
Association in 1988, and was active on the Public Service and Education
and Federal Legislation Committees. Matt was also active in pro bono
work, providing free legal services for residents at MFY Legal Services, Inc.
Often described as generous and giving of his time and abilities, Matt
would devote as much time to his pro bono efforts as to his professional
work. Lynn Kelly, MFY’s Executive Director, said Matt was a tireless advo-
cate of MFY and a respected and beloved member of the Board. MFY’s
Board has created the Matthew G. Leonard Award for Exceptional Pro
Bono Services to be presented annually at the MFY Annual Pro Bono Award
Event.
CHARLES AUSTIN McCRANN
Charles McCrann, a Senior Vice President at Marsh & McLennan, joined
the Association in 1987 and served on the Association’s Insurance Law
Committee. Mary Lanning, a former colleague of Charles in the insur-
ance industry, recalled his many attributes: “Of Charlie’s many excep-
tional qualities as a man, a father, a professional legal counselor to a
prestigious financial services firm, and a friend, the traits that I would
memorialize for the legal community are—of all things—his genuine modesty,
T H E R E C O R D
8
I N M E M O R I A M
his moral fortitude, his intellectual curiosity, his wisdom, his passion for
history and the human lessons of history, his restraint in face of the
weaknesses of others, his resourcefulness, his mindfulness of his friends,
his generous praise of others, his reserve about his own sterling achieve-
ments, his pleasant accommodation to everyone who asked for his help,
his balance, his humor, his wit, his integrity, his delight in his family, his
roguish fascination with the absurd. True to his style, he left a legacy of
unheralded victories that collectively helped the financial services indus-
try, during the last decade, to reconfigure products and services intelli-
gently and economically.”
JOHN M. MORAN
John Moran, a Battalion Chief with the Fire Department of the City of
New York, was a member of the Association since 1994. John was one of
over 300 firefighters killed in the line of duty on September 11. John will
always be remembered as a devoted father who was an avid outdoorsman
and kayaker who also had a fondness for singing and entertaining friends
and family. His cousin, New York Congressman Joseph Crowley, fondly
remembered John’s vigor for life and devotion to his fellow man. “In
many respects, my cousin John Moran was larger than life. He has been
described by many as a Renaissance man. Knowing him as I did, I think
he would find that description a bit over the top. I wouldn’t,” Congress-
man Crowley said. “He could and would do anything he set his mind
to—from his dangerous but rewarding job as a FDNY Battalion Chief, to
sea kayaking in the Atlantic Ocean to graduating from Fordham Law School.
He could fix or make anything. He possessed a great command of the
issues and loved to engage in lively debate on all subjects. He truly loved
this country.”
JOANNA VIDAL
Joanna Vidal worked as an administrative assistant in the Association’s
Meeting Services Department from 1999 until 2000. Joanna left the Asso-
ciation to begin a new career as events coordinator for the Risk Waters
Group. Unfortunately, Joanna’s life was lost on September 11th when she
attended a breakfast meeting she had coordinated for Risk Waters Group
at Windows of the World in the World Trade Center. Mariann Owens,
coordinator of the Association’s Moot Court Competition and one of
Joanna’s closest colleagues, often recalls Joanna’s warm smile, her loyalty
to her friends and colleagues and her generous spirit. “ ‘To remember
Joanna is to remember her smile, a beacon of love, of life, of all that is
W I N T E R / S P R I N G 2 0 0 2 ◆ V O L. 5 7, N O ’ S. 1-2
9
I N M E M O R I A M
good in human nature.’ That quote is from Joanna’s guestbook on the
Internet and it is how everyone felt about her,” Mariann said. “The im-
print of Joanna’s smile lives on in all the minds of those who knew her.”
DAVID B. WEISS
David Weiss, an attorney with Cantor Fitzgerald, was a member of the
Association for 18 years. David served as Cantor’s Vice President and Deputy
General Counsel.
T H E R E C O R D
10