The Newsletter of the Institute of Judicial Administration at the NYU School of Law Chief Justice Ronald GeorgeUrges Stronger InstitutionalIndependence and IdentityUFrom theExecutiveCo-DirectorsWe welcome you to the second issue of our Newsletter.IJA is a community of leading judges, practitioners,and academics engaged inmaintaining and enhancing our system of justice.We hope in this and coming issues to keep you informed of the activities ofthe Institute and urge youto alert us to developmentsin your professional lives.Please be sure to see ourcalendar on the last pageof this newsletter for program highlights scheduledfor 2005 and 2006.IProfessors Oscar G. Chaseand Samuel EstreicherIn This IssueJudge DaughtreySpeaks on Clerking 3Workshop on EmploymentLaw for Federal Judges 4New Board Nominees 6Summer Fellow Update 7IJA Community News 8Board of Directors 9IJA Members 9How to Contact IJA Issue Number 2 / Summer 200510t’s not every day that youhear a state supreme courtjustice compared to soullegend James Brown. Butit happened at the JusticeWilliam J. Brennan Jr. Lectureon State Courts and SocialJustice at the NYU School ofLaw. The Honorable JudithS. Kaye, Chief Judge of theState of New York, introducedCalifornia’s Chief Justice, TheHonorable Ronald M. George,by drawing a parallel betweenthe singer, once described as a“continuous whirl of motion,”and George, who she said isthe “hardest working man inthe court business.”The 11th Annual BrennanLecture, co-sponsored by IJAand the Brennan Center forJustice on January 26, 2005,capped off the four-day meeting of the Conference of ChiefJustices in New York. In histalk, “Challenges Facing anIndependent Judiciary,” ChiefJustice George argued that “bycreating a stronger judicialidentity, state courts can bettermaintain their independence injudicial decision-making.” Theaudience included more than20 judges from state courts oflast resort.Since 1972, California’s courtshave been the largest court system in the western world, surpassing in size even the federalcourt system. In 1996, Georgebecame Chief Justice of the state,and within two years, he hadvisited every one of its trial andappellate courts. Finding thataccess to and quality of justicevaried vastly, he identified threepriorities for the judicial branch:shifting court funding from thelocal to the state level; consolidating the dual-level trial courts;and improving court facilities.

The 2006 Brennan LectureThe Brennan Lectures are published by the New York University Law Review. TheTwelfth Annual Brennan Lecture will be delivered by The Honorable Randall T.Shepard, Chief Justice of the Supreme Court of Indiana, on February 28, 2006. AllIJA members and alumni are invited to attend.Previous Brennan Lecturers1995Hon. Judith S. Kaye, Chief Judge, Court of Appeals of the State of New York1996 Hon. Stewart G. Pollock, Associate Justice, Supreme Court of New Jersey1997Hon. Stanley Mosk, Associate Justice, Supreme Court of California1998 Hon. Ellen Ash Peters, Chief Justice, Supreme Court of Connecticut1999 Hon. George Bundy Smith, Associate Judge, Court of Appeals of theState of New York2000 Hon. Shirley S. Abrahamson, Chief Justice, Supreme Court of Wisconsin2001 Hon. Christine M. Durham, Associate Justice, Supreme Court of Utah2002 Hon. Thomas R. Phillips, Chief Justice, Supreme Court of Texas2003 Hon. Jeffrey L. Amestoy, Chief Justice, Supreme Court of Vermont2004 Hon. Margaret H. Marshall, Chief Justice, Supreme Judicial Courtof Massachusetts2005 Hon. Ronald M. George, Chief Justice, Supreme Court of CaliforniaFirst, George determined that bettercoordination among the courts and between the courts and state agencies wasessential in order to provide the publicwith better services, such as additionalinterpreters to handle the more than 100languages spoken in California courts.In 1997, the judicial branch convincedthe state legislature to shift the responsibility of funding state courts from thecounties to the state. A mechanism wasnow in place to ensure continuity andequal access to the courts statewide sothat the state Judicial Council can assess the needs of local courts and distribute money accordingly.Then, in 1998, the legislature passeda constitutional amendment to unifythe municipal and superior courts tocreate a more effective system. By 2001,the number of trial courts in Californiafell from 220 to 58. This change allowedfor a more efficient use of resources andincreased adaptability on the trial courtlevel to the changing needs of the state.Finally, in 2002, the ownership of courtfacilities was transferred from the counties to the state government, with themanagement overseen by the judicialbranch. Many counties, faced with difficulties in funding schools and other socialservices, had made the maintenance ofcourt facilities a low priority. As a result,according to George, “Our temples of justice include many buildings that wouldbe unable to withstand even a moderateearthquake. Courtrooms located in trailers, and structures with toxic mold, falling asbestos tiles, and peeling lead paintmake the courthouse a dangerous placeto work or to litigate one’s case.” With the2002 legislation, these facilities are nolonger a burden on the counties, but havebecome a state-wide responsibility.According to George, these changes, aswell as regular meetings with the legislative and judicial branch and a yearly stateof the judiciary address to the other twobranches of government, will help the judiciary take its place as a co-equal branchof government. With this, the Californiajudiciary will achieve a stronger institutional identity and independence. Whilethese initiatives have not always beengreeted with enthusiasm by every judge,the outcome has been increased access tothe courts, improved services, and overall better administration of justice. “Wework with words and persuasion, not withthe power to appropriate or legislate,”George concluded. “We shall be measuredin the end by how well we perform ourconstitutional function of providing fairJudge Robert S. Smith (IJA Alum, New York Court of Appeals) and Professor Oscar G. Chase(IJA Executive Co-Director) at the 2005 Brennan Lecture.

Standing: Chief Judge Judith S. Kaye (New York Court of Appeals, IJA Board Nominee), Chief Justice Ronald M. George (California Supreme Court),Alison Kinney (IJA Program Coordinator), Professor Oscar G. Chase (IJA Executive Co-Director). Seated: Chief Justice Shirley S. Abrahamson (WisconsinSupreme Court), Professor Samuel Estreicher (IJA Executive Co-Director).and accessible justice and preserving therule of law.”Chief Justice George has been ChiefJustice of California since 1996. Prior tothis appointment, he served as a judge inmunicipal court, the Los Angeles CountySuperior Court, and the Court of Appeal.He also served as Deputy Attorney Generalfor the California Department of Justicefrom 1965–72. At the California Departmentof Justice, he argued six cases before theUnited States Supreme Court. nJudge DaughtreyDiscusses Clerkingin the State andFederal CourtsThe Honorable Martha Craig Daughtreygave a spirited talk on clerking, followedby a question and answer session, forNYU School of Law students on April4. Judge Daughtrey, a judge of the U.S.Court of Appeals for the Sixth Circuit, firstattended IJA’s Appellate Judges Seminarin 1976 and is the most veteran memberof IJA’s judicial teaching faculty. nJudge Daughtrey answering questions from NYU School of Law students.

Scheindlin Delivers Talk for Workshopon Employment Law for Federal JudgesAccording to the New York Times,The Honorable Shira Scheindlinof the U.S. District Court for theSouthern District of New York“has been called witty, sarcastic, nononsense, eminently fair, eminently unfair, brilliant and antigovernment.” Shehas decided high-profile cases involvingNational Football League draft rulesand a magazine ad about former NewYork Mayor Rudolph Giuliani. Her recent work on behalf of the federal rulemaking process, addressing electronicdiscovery resulting from newer technologies like email and databases, broughtScheindlin to the two-day Workshop onEmployment Law for Federal Judges.The annual workshop, co-sponsoredby IJA, the Federal Judicial Center, andthe Law School’s Center for Labor andEmployment Law, welcomed 50 federaltrial and appellate judges from aroundthe country to discuss such topics as casemanagement, wage/hour litigation, evidence and experts, mediation, sex and agediscrimination, and jury instructions.As the luncheon speaker and part of apanel on electronic discovery, Scheindlindiscussed her opinions in Zubulake v.UBS Warburg and several proposed rulechanges intended to deal better withelectronic information. In Zubulake,Scheindlin explored on how courts shouldhandle the accessibility of different data,which party in a lawsuit should pay forretrieving “inaccessible” data, what todo when data is destroyed, and when toapply sanctions. “What are [employers]required to preserve?” asked Scheindlin.“What is the scope?” These questions willultimately be determined by case law, butshe cautioned judges not to issue overlybroad preservation orders.Professor Samuel Estreicher, Executive Co-Director of IJA and Director ofthe Labor Center, said, “We have to becareful of the cost of discovery requestsdriving the litigation.”Top: (left to right) Hon. Rosemary Barkett (U.S. Court of Appeals, Cir. 11), Professor Samuel Estreicher(IJA Executive Co-Director), Hon. Shira A. Scheindlin (U.S. District Court, SDNY); Bottom: Panel onEvidence Issues/Use of Experts, (left to right) Robert B. Fitzpatrick (Robert B. Fitzpatrick, PLLC), Hon.Denny Chin (U.S. District Court, SDNY), and Robert S. Whitman (Orrick, Herrington & Sutcliffe)In her address, Scheindlin said theproposed changes to the Federal Rulesof Civil Procedure, which will becomeeffective in December 2006 if no substantial modifications are made, are neededbecause electronically stored information has generated unique problems. Itsvolume, the dynamic nature in which itis automatically created and deleted, itsdifficulty to delete, and the importanceof the software used to view it are someof the distinct dilemmas that courts needto address, Scheindlin observed.The Wage-Hour Litigation panel alsofocused on a novel development in employment law: collective actions. Unlike

class action suits, where eligible plaintiffs are included unless they opt out,individuals in a collective action mustopt-in to participate in the litigation.In employment law, such cases typically involve unpaid overtime under theFair Labor Standards Act, said AdamKlein, an Outten & Golden partner. PatRodenhausen, a regional attorney withthe U.S. Department of Labor, said thatwhile collective actions are known topractitioners, judges tend to be unfamiliar with the actions because 80 to 90 percent of the cases are settled privately.In a dialogue on evidence and experts, The Honorable Denny Chin ofthe U.S. District Court for the SouthernDistrict of New York summarized twokey U.S. Supreme Court decisions:McDonnell Douglas Corp. v. Green (1973)and Desert Palace, Inc. v. Costa (2003).In mixed-motive discrimination cases,where some of an employers’ actionsmay be legal and others illegal, thethree-pronged McDonnell Douglas test,which Chin said really has eight steps,is “too cumbersome.” In Desert Palace,the Supreme Court held that direct evidence is not needed to uphold mixedmotive claims. Robert Fitzpatrick, whorepresents primarily plaintiffs, wentfurther: “I think the Court is trying tosay we need to put the pedal to the floorto end discrimination in this country.”Panelists encouraged the judges in theaudience to give their rulings in severalhypothetical employment law scenarios,including a woman alleging sexual harassment claims that she has sufferedweight loss, hair loss, and sleepless nights.“Should the judge allow a court-orderedmental exam?” asked Fitzpatrick. Mostjudges agreed they would not, particularly given the difficulty of proving sleeplessness or connecting hair and weightloss to the harassment. They also debatedwhether they would alter their decisionsif an expert was going to testify that thewoman was experiencing post-traumaticstress disorder.Moving from how to rule to how to resolve, the workshop’s first day concludedwith a panel on mediation, “A techniquethat you all need to learn to master as away of clearing your dockets and serv-ing justice,” Estreicher said. Employmentlaw cases seem particularly conduciveto mediation conducted by judges. Forone, these cases often drag on for yearsand are hard to win, said Daniel Kaiser,a partner with Kaiser Saurborn & Mairwho represents plaintiffs. “Mediation isan effective tool to mediate that disproportion between cost and benefit,” hesaid. Because these cases are so emotional for plaintiffs, Kaiser said, lawyerswant their clients to hear what the lawis and what is realistically possible fordamages, so that they have a clear picture from the court about what happensin typical discrimination cases.The Honorable Loretta Preska of theU.S. District Court for the SouthernDistrict of New York presented a stepby-step sequence for her mediations,from talking about the facts to discussing resolutions and monetary awards.“If one party says no [to a proposed settlement], then I tell them to go back tothe barricades, and I don’t disclose theiranswer,” she added.When defense lawyer Zachary Fasman,partner with Paul Hastings Janofsky &Walker, has clients who are resisting agood settlement, he would tell them to remember that decision two years later whenhe would be prepping them for trial. nTop: (left to right) Hon. Victoria A. Roberts (U.S. District Court, EDMI) and Hon. Vanzetta P. McPherson(U.S. District Court, MDAL); Bottom: (left to right) Hon. Lurana S. Snow and Hon. John J. O’Sullivan(both U.S. District Court, SDFL).

Kaye and Olson Nominatedto IJA Board of DirectorsIJA is pleased to announce two new nominees to the IJA Board of Directors, to bevoted upon at the Annual Meeting of the Members. The Meeting, in conjunction withthe Annual Appellate Judges Seminar Alumni Reunion, will take place at 8:00 a.m. onMonday, August 8, 2005 in Chicago at the ABA Annual Meeting.The Honorable Judith S. KayeThe Honorable Judith S. Kaye was sworn in as Chief Judgeof the State of New York on March 23, 1993, becoming thefirst woman to occupythe top judicial office ofNew York State. She became the first woman toserve on New York State’shigh court when GovernorMario M. Cuomo appointedher Associate Judge ofthe Court of Appeals inSeptember 1983.Chief Judge Kaye is CoChair of the Commissionon the American Jury ofthe American Bar Association, a member of theBoard of Directors of theNational Center for State Courts, a member of the Conferenceof Chief Justices, Chair of the Permanent Judicial Commissionon Justice for Children, a member of the Board of Editors of theNew York State Bar Journal, Founding Member and HonoraryChair of Judges and Lawyers Breast Cancer Alert (JALBCA),and serves as Trustee of the William Nelson Cromwell Foundation. She is also a member of the American College of TrialLawyers, the American Law Institute, the American Academyof Arts and Sciences, the Women’s Bar Association of the Stateof New York, the Association of Women Judges (New York andnational) and the American Philosophical Society.Judge Kaye is the author of numerous publications, particularly articles dealing with legal process, state constitutional law, women in law, professional ethics and problem-solving courts. She is the recipient of various awards,including the American Bar Association Commission onWomen in the Profession’s Margaret Brent Women Lawyersof Achievement Award, the National Center for State Courts’William H. Rehnquist Award for Judicial Excellence, the NewYork County Lawyers Association’s William Nelson CromwellAward, New York University Law School’s Vanderbilt Medal,the Barnard College President’s Medal, the Gold Medal of theNew York State Bar Association, and the Fordham-Stein Prize.She has also received numerous honorary degrees.Chief Judge Kaye is a 1958 graduate of Barnard Collegeand received her LL.B. cum laude from New York UniversitySchool of Law in 1962. She engaged in private practice in NewYork City until her appointment to the Court of Appeals.She and her husband, Stephen Rackow Kaye, a practicinglawyer, are the proud parents of Luisa, Jonathan and Gordon,and proud grandparents of Sonja, Andrea, Ben and Shirin.Theodore B. Olson, Esq.Theodore B. Olson is a partner in Gibson, Dunn & Crutcher’sWashington, D.C. office. He is a member of the firm’s ExecutiveCommittee, serves as Co-Chair of the Appellate and Constitutional Law Practice Group,and heads the firm’s CrisisManagement Team.Mr. Olson was SolicitorGeneral of the United Statesfrom 2001–04. From 1981–84 he was Assistant U.S.Attorney General for theOffice of Legal Counsel. Except for those two intervals,he has been a lawyer withGibson, Dunn & Crutcher inLos Angeles and Washington, D.C. since 1965.Mr. Olson is one of thenation’s premier appellateand U.S. Supreme Court advocates. He has argued 41 casesin the Supreme Court, including Bush v. Palm Beach CountryCanvassing Board and Bush v. Gore, stemming from the 2000presidential election. Mr. Olson’s Supreme Court arguments

IJA Summer Fellow UpdateEvery year since 1996, IJA has selectedfour top-notch first-year students for itsSummer Fellows program. The fellowship,a full-time summer commitment, integrates an intensive note-writing experience with research responsibilities for IJA’sNew Appellate Judges Seminar. Recent IJASummer Fellows have obtained clerkshipswith judges on the United States SupremeCourt, various U.S. Courts of Appeals, StateSupreme Courts, and U.S. District Courts.We are proud to report on the latest newsfrom our previous Fellows:Kristina Daugirdas begins herclerkship with Judge Stephen Williamsof the U.S. Court of Appeals for theDistrict of Columbia Circuit.Yohance C. Edwards is employedby Munger, Tolles & Olson LLP in SanFrancisco with Brian Hochleutner.Elliot Greenfield will begin workingas an associate at Debevoise & Plimptonin September.Jeffrey M. Hirsch has joined theUniversity of Tennessee Law faculty,after working for four years in theAppellate Court Branch of the NationalLabor Relations Board in Washington,D.C. Following graduation from the NYUSchool of Law, he was a judicial clerkfor Judge Haldane R. Mayer on the U.S.Court of Appeals for the Federal Circuitand Judge Robert R. Beezer on the U.S.Court of Appeals for the Ninth Circuit.Bill McGeveran was recently namedto a fellowship at the Berkman Centerfor Internet and Society at Harvard LawSchool. His research there will include astudy of how new information technology affects the interaction of copyrightlaw and scholarly research. Starting infall 2006, Bill will be a professor at theUniversity of Minnesota Law School.Kimberly C. Jones Spiering is clerking for Chief Justice Mary Mullarkey ofthe Supreme Court of Colorado.Lindsay (Traylor) Braunig beginsher clerkship with Judge Stephen Wilsonof the U.S. District Court for the CentralDistrict of California.IJA Summer Fellows1996–20051996 Sarah R. Cebik; Jeffrey M.Hirsch; Daniel J. Krause; Daniel H. R.Laguardia1997 Melanie Hochberg Giger;Benet J. O’Reilly; Anjli Garg Pero;Kieran P. Ringgenberg; Douglas T. Tsoi1998 Christopher J. Garofalo;Lauryn Powers Gouldin; IlizabethGonchar Hempstead; Derek Ludwin1999 Abigail Phillips Caplovitz;Margaret Hayes Lemos; Joel LanceThollander; David Albert Yocis2000 Brian Hochleutner; WilliamMcGeveran; Parvin D. Moyne; ShirleyS. Park2001 Yohance C. Edwards; JessicaKayle Fried; Jennifer G. Presto; RobertAlexander Schwartz2002 Matthew B. Larsen; AjaySalhotra; Kimberly C. Spiering;James A. Worth2003 Kristina Daugirdas; ElliotGreenfield; Jonathan K. Regenstein;Lindsay (Traylor) Braunig2004 Jason W.H. Burge; Ari D.MacKinnon; Lee M. Pollack; Teddy Rave2005 Kara J. Ervin; David A. Herman;Joshua M. Kaplan; Kimberly Steefelhave included cases involving separation of powers, federalism, voting rights, the First Amendment, the Equal Protectionand Due Process Clauses, civil rights, sentencing, jury trialrights under the Seventh Amendment, the constitutionality ofindependent regulatory agencies, punitive damages, takings ofproperty and just compensation under the Fifth Amendment,the Commerce Clause, immigration, criminal law, copyright,antitrust, securities, telecommunications, the internet, andother federal constitutional and statutory questions.Mr. Olson has served as private counsel to two Presidents,Ronald Reagan and George W. Bush, as well as service tothose two Presidents in high-level positions in the Departmentof Justice. He has twice received the U.S. Department ofJustice’s Edward J. Randolph Award, its highest award forpublic service and leadership. He has also been awarded theDepartment of Defense’s highest civilian award for his advocacy in the U.S. courts, including the Supreme Court, on behalf of that Department.Mr. Olson is a Fellow of both the American College of TrialLawyers and the American Academy of Appellate Lawyers.He received his law degree in 1965 from the University ofCalifornia at Berkeley (Boalt Hall) where he was a member ofthe California Law Review and Order of the Coif. He receivedhis bachelor’s degree from the University of the Pacific. n

IJA Community NewsWe welcome news updates from ourBoard, Members, Fellows, and AppellateJudges Seminar Alumni. If you wouldlike to submit an item for the next issueof our newsletter, please email [email protected] or fax (212) 995-4036.In recent appearances before theUnited States Supreme Court, two IJABoard members, Donald B. Ayer ofJones Day, and Carter G. Phillips ofSidley, Austin Brown & Wood LLP, argued, respectively, Exxon Mobil Corp. v.Allapattah Services Inc., No. 04-70, andOrtega v. Star-Kist Foods, No. 04-70, todetermine whether supplemental jurisdiction could be exercised over relatedclaims if they do not meet the minimumamount-in-controversy requirement forfederal diversity jurisdiction.This summer, NYU Press will publish Law, Culture and Ritual: DisputingSystems in Cultural Context by OscarG. Chase, Russell D. Niles Professorof Law at the NYU School of Law andExecutive Co-Director of IJA.Hon. Billie Colombaro (IJA Alum ’93,’02), formerly of the Court of Appeal ofLouisiana for the Third Circuit, held theposition of IJA Judicial Visiting Fellowfor Spring 2005.We congratulate Hon. Andrew S.Effron (Member, IJA Alum ’97), judgeon the U.S. Court of Appeals for theArmed Forces, on the 2004 graduationof his daughter Robin J. Effron fromthe NYU School of Law.Samuel Estreicher, IJA Executive CoDirector and Director of NYU’s Centerfor Labor and Employment Law, washonored with the Dwight D. OppermanProfessorship of Law, named for IJA BoardMember Dwight D. Opperman, formerChairman and CEO of West Publishing.On April 4 Estreicher delivered the inaugural Opperman Lecture, BeyondCadillacs vs. Rickshaws: Towards a Cultureof Citizen Service, preceded by remarksfrom Hon. Anthony M. Kennedy (IJASeminar Faculty), Associate Justice of theSupreme Court of the United States.Gregory J. Hobbs (Member, IJAAlum ’00), justice of the Supreme Courtof Colorado, published In Praise of FairColorado: the Practice of Poetry, History,and Judging (Bradford Publishing), acollection of Hobbs’ essays, speeches,poems, and law review articles concerning our civic duties to the environment and community.IJA Board member Martin Liptonof Wachtell, Lipton, Rosen & Katz received the Law School’s Judge EdwardWeinfeld Award, which recognizes theprofessional distinction and commitment to the NYU School of Law of agraduate of 50 years ago or more.Hon. Richard M. Markus (IJA Alum’83), former Chief Judge of the OhioCourt of Appeals for the Eighth District,expanded his lectures from the 1984–86IJA Appellate Judges Seminars, on whichhe served as a faculty member, into anarticle, “A Better Standard for ReviewingDiscretion,” Utah Law Review 4 (2004).Hon. Pauline Newman (IJA Alum ’93,’03), judge of the U.S. Court of Appealsfor the Federal Circuit, and chair of theNYU School of Law’s Engelberg Centeron Innovation Law and Policy’s AdvisoryCouncil, gave a talk on the future of theInternet and intellectual property at theLaw School this spring.Hon. Randall T. Shepard (Member,IJA Alum ’86), Chief Justice of theSupreme Court of Indiana, published“On Licensing Lawyers: Why Uniformityis Good and Nationalization is Bad” in theNYU Annual Survey of American Law 60.3,Judges’ Forum No. 4. See page 2 for information on Shepard’s Brennan Lecture,scheduled for February 28, 2006.IJA Board Member Linda J. Silberman,Martin Lipton Professor of Law, published,with Professor Marcel Kahan, “The ProperRole for Collateral Attack in Class Actions:a Reply to Allen, Miller, and Morrison,” NYULaw Review 73.4.Hon. Frank J. Williams (IJA Alum’03), Chief Justice of the Supreme Courtof Rhode Island, published “AbrahamLincoln and Civil Liberties: Then & Now—The Southern Rebellion and September11” in the NYU Annual Survey of AmericanLaw 60.3, Judges’ Forum No. 4.Hon. Diane P. Wood (Member, IJASeminar Faculty) of the U.S. Court ofAppeals for the Seventh Circuit, delivered the October 18, 2004 JamesMadison Lecture, “Our 18th CenturyConstitution in the 21st Century World.”The Law School established the Lectureseries in 1959 to enhance the appreciation of civil liberty and strengthen thesense of national purpose.In MemoriamWe regret the passing of the followinghonored friends of the Institute:Hon. Richard S. Arnold of the U.S.Court of Appeals for the Eighth Circuit,passed away on September 23, 2004. Hefirst attended the IJA Senior AppellateJudges Seminar in 1981, and was a regular, spirited presence on the faculty ofthe IJA Appellate Judges Seminars.Hon. Milton Pollack of the U.S.District Court of the Southern DistrictCourt of New York passed away onAugust 13, 2004. Judge Pollack was anIJA Life Member.Hon. Robert K. Puglia, formerPresiding Justice of the Court of Appealof California for the Third AppellateDistrict, passed away on March 11,2005. Justice Puglia attended the 1984New Appellate Judges Seminar andreturned as a member of the SeminarFaculty in 1985 and 1988.

IJA Boardof DirectorsPaul T. Cappuccio Esq.Executive Vice Presidentand General Counsel,Time Warner Inc.Michael V. Ciresi Esq.Chair, Robins, Kaplan, Miller& Ciresi, LLPPresidentEvan R. Chesler Esq.Cravath, Swaine & Moore, LLPFlorence A. Davis Esq.President, The StarrFoundationProfessor Walter E.Dellinger IIIDuke University Schoolof Law and O’Melveny& Myers, LLPHon. Harry T. EdwardsU.S. Court of Appeals for theDistrict of Columbia CircuitVice President andExecutive Co-DirectorSamuel EstreicherDwight D. OppermanProfessor of Law,NYU School of LawHon. Robert A. KatzmannU.S. Court of Appealsfor the Second CircuitThomas C. Leighton Esq.Vice President of GovernmentRelations and Contracts,West GroupMartin Lipton Esq.Wachtell, Lipton, Rosen & KatzSecretary andExecutive Co-DirectorDwight D. Opperman Esq.Chair, Key Investment, Inc.Oscar G. ChaseRussell D. Niles Professorof Law, NYU School of LawCarter G. Phillips Esq.Sidley, Austin, Brown& Wood, LLPHon. Shirley S. AbrahamsonChief Justice, Supreme Courtof WisconsinHon. Stewart G. PollockRiker Danzig Scherer Hyland& Perretti, LLPDonald B. Ayer Esq.Jones DayRichard L. ReveszDean and LawrenceKing Professor of Law,NYU School of LawSheila L. Birnbaum Esq.Skadden, Arps, Slate,Meagher & FlomPeter Buscemi Esq.Morgan Lewis & Bockius LLPHon. Barbara J. Rothstein(ex officio)Director, Federal Judicial CenterStephen M. Shapiro Esq.Mayer Brown Rowe& Maw, LLPHon. Herman J. Weber Jr.U.S. District Court for theSouthern District of OhioLinda J. SilbermanMartin Lipton Professor ofLaw, NYU School of LawHon. William H. WebsterPresident EmeritusMillbank, Tweed, Hadley& McCloyHon. Kenneth W. StarrPresident EmeritusDean, Pepperdine UniversitySchool of LawHon. John M. Walker Jr.Chief Judge, U.S. Courtof Appeals for theSecond CircuitKelly R. Welsh Esq.President EmeritusExecutive Vice Presidentand General Counsel,The Northern Trust CompanyHon. Kimba M. WoodU.S. District Court for theSouthern District of New YorkDiane L. ZimmermanSamuel Tilden Professorof Law, NYU School of LawHon. Rya W. ZobelU.S. District Court for theDistrict of MassachusettsIJA Members(as of June 21, 2005)Life MembersHon. Marc T. AmyCourt of Appeal of Louisianafor the Third CircuitHon. Maurice A. Hartnett IIISupreme Court of DelawareArthur T. VanderbiltSponsoring MemberE. Nobles Lowe Esq.Former General Counseland Vice President,Westvaco CorporationJohn J. ParkerContributing MembersKenneth R. Feinberg Esq.Feinberg Group, LLPMichael J. Moroney Esq.Honorary Consul General,Consulate of the Republicof Palau, Honolulu, HIRegular MembershipHon. Carol Bagley AmonU.S. District Court for theEastern District of New YorkHon. E. Reilly AndersonSupreme Court of TennesseeHon. Nancy Friedman AtlasU.S. District Court for theSouthern District of TexasHon. Daniel A. BarkerCourt of Appeals of Arizona,Division OneHon. Rosemary BarkettU.S. Court of Appealsfor the Eleventh CircuitHon. Anne Elizabeth BarnesCourt of Appeals of GeorgiaHon. Thomas HomerAppellate Court of Illinoisfor the Third DistrictHon. William G. BasslerU.S. District Court for theDistrict of New JerseyHon. Abraham D. SofaerThe Hoover InstitutionHon. Carol A. BeierSupreme Court of Kansas

10Hon. Rebecca W. BerchCourt of Appeals of Arizona,Division OneHon. Charles L. BrieantU.S. District Court for theSouthern District of New YorkHon. Richard R. CliftonU.S. Court of Appealsfor the Ninth CircuitBarry H. Garfinkel Esq.Skadden, Arps, Slate,Meagher & Flom LLPHon. Robert I. BerdonSuperior Court of ConnecticutHon. James L. CannellaCourt of Appeal of Louisianafor the Fifth CircuitHon. Mary Catherine CuffSuperior Court of New Jersey,Appellate DivisionHon. Leonard I. GarthU.S. Court of Appealsfor the Third Circuit

The Newsletter of the Institute of Judicial Administration at the NYU School of Law Issue Number 2 / Summer 2005 From the Executive Co-Directors We welcome you to the sec-ond issue of our Newsletter. . weight loss, hair loss, and sleepless nights. “Should the judge al