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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Featured Columnists December 19, 2008

By David Badertscher, PLL

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font size=1#13; pfont size=2If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed./font/p#13; pa href=http://www.nylj.com target=_blankfont size=2http://www.nylj.com/font/afont size=2 /font/p#13; pfont size=2Subscription required for online access unless otherwise noted:/font/p#13; pa href=http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202426882552 target=_blankfont size=2font color=redFree With Registration:/font Residential Mortgage Foreclosure Program/font/abr/font size=2Friday, December 19, 2008br/By Ann Pfaubr/br/Ann Pfau, chief administrative judge of the New York state courts, writes: Early this Summer, as foreclosure filings in New York hit record levels, the New York State court system announced a Residential Mortgage Foreclosure Program, one of the first court-initiated programs in the country to address the residential foreclosure crisis. That program, piloted initially in Queens County, now serves as a model for our statewide efforts. It took on special importance in August with the enactment of the new foreclosure legislation, chapter 472 of the Laws of 2008. /font/p!--commentsListSize 0--!-- December 19, 2008 --#13; pa href=http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202426876775 target=_blankfont size=2Commercial Division Update/font/abr/font size=2Friday, December 19, 2008br/By George Bundy Smith and Scott S. Balberbr/br/George Bundy Smith and Scott S. Balber, partners in the law firm of Chadbourne amp; Parke, reviewem Murphy v. United States Dredging Corp./em, a judicial dissolution of a closely held corporation, where the court attempted to clarify the distinction between a 'marketability discount,' a discount applied in stock valuation to compensate for the lack of a ready market for the shares, and a 'minority discount,' a discount applied in stock valuation to compensate for the lack of control enjoyed by a minority shareholder. /font/p!--commentsListSize 0--!-- December 19, 2008 --#13; pa href=http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202426876712 target=_blankfont size=2Professional Liability/font/abr/font size=2Friday, December 19, 2008br/By Norman B. Arnoffbr/br/ Norman B. Arnoff, a practitioner in New York City, writes: Breach of fiduciary duty and legal malpractice are causes of action that often mirror one another in the pleadings and either or both are predictably dismissed from the case. While these causes of action are often seemingly identical, they can and should be different, each with significant consequences and certainly should not be subject to dismissal when they are in fact not duplicative. Each can serve the public interest, not allowing the legal profession to fall below the requisite standard of professional competence but, more significantly, motivating the profession to rise to the highest standards of professional competence and ethics. /font/p#13; pfont size=2OUTSIDE COUNSEL:/font/p#13; pa href=http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202426876744 target=_blankfont size=2Does New York Need a 'Peeping Tom' Statute in Penal Law?/font/abr/font size=2Friday, December 19, 2008br/By Yael V. Levybr/br/ Yael V. Levy, principal law clerk to Bronx County Supreme Court Justice James M. Kindler, writes that while the SAVE-NY Violence Against Women Prevention Act is laudable for its recognition of the need to criminalize 'no-tech' voyeurism, it does not go far enough. It would penalize only the successful Peeping Tom who actually views another in a state of undress, and contains no presumption regarding the offender's purpose in peeping, placing an unwieldy burden on prosecutors./font/p#13; pfont size=2The Back Page  /font/p#13; pa href=http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202426883534 target=_blankfont size=2font color=redFree With Registration:/font From the Suites to the Streets/font/abr/font size=2Friday, December 19, 2008br/By Thomas Adcockbr/br/A small but potentially broader solution to budget cuts plaguing the Legal Aid Society's criminal defense division has been found in a new, unusual externship program involving mid-level litigation associates from private firms. As the economy began to crumble in October, Legal Aid officials dusted off a six-month pilot project quietly conducted last year and signed up nine associates from private firms, all of whom are involved in varying degrees in white-collar criminal defense. They were put to work under Irwin Shaw, attorney-in-charge of the Legal Aid's Manhattan office of criminal practice./font/p/font

Full post as published by New York Supreme Court Criminal Term Library on December 19, 2008 (boomark / email).

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