Miranda Warnings – Détails, épisodes et analyse

There is no denying the impact Muhammad Ali had on the sport of boxing, yet a recent essay by a past president of the New York State Bar Association, T. Andrew Brown, details how his career and his willingness to hold firm to his beliefs changed much more than a sport.

Brown also provides a look at how maneuvering behind the scenes at the Supreme Court changed the eventual outcome of the his case Clay v. United States. Recently, he sat down with “Miranda Warnings” host David Miranda to talk about his research and the impact of the 1971 U.S. Supreme Court case.

“Ali changed the fight game, and he impacted life as we know it today, race relations, respect for the individual,” Brown said. “With respect to draftees, he limited the ability of government to mandate who was eligible for the draft and who would go to war.”

It’s been a little over a year since Chief Judge Rowan Wilson was sworn in as the chief judge of the State of New York. In this short time, the state’s highest court has seen changes in how the court operates and the number of appeals it hears. This Miranda Warnings Roundtable episode centers on the changing face at New York's Court of Appeals, its highest court. Host David Miranda is joined by Albany Law professor Vin Bonventre and political strategist Liz Benjamin.

The Miranda Warnings roundtable's December episode takes a critical look at the first cases in the 2023-24 term heard by the state’s highest court. The panel analyzes recent arguments dealing with when a suspect is in custody and should be read Miranda rights and whether police can stop a bicyclist in the same manner as a motorist.

The episode was recorded on Dec. 1 shortly after the death of U.S. Supreme Court Associate Justice Sandra Day O’Connor. Albany Law School professor and court watcher Vin Bonventre recounted O’Connor’s wisdom.

“She was a justice that really considered the practical realities. What are the impacts of the decisions of the court on real life on real human beings, whether we're talking about affirmative action, LGBTQ rights, and the separation of Church and State,” said Bonventre. “She was the swing vote on the court. She was a Conservative Republican, but she wasn't insane, she had a great deal of common sense. You look back at most of her decisions and say, boy, they were wise, very, very wise.”

Political strategist Liz Benjamin reminds listeners not to forget the groundbreaking appointment of O’Connor to the court by President Ronald Reagan more than 40 years ago.

“She had a very fascinating career. You look at the bench now and you don’t think to yourself there was a time when there weren't women on this bench,’” she said. “Her breaking of the glass ceiling on the highest court in the nation is an accomplishment that we don't think about enough. It's worthwhile reading her obituary and remembering all that she accomplished. “

Past NYSBA President and host David Miranda turned the attention to the New York State Court of Appeals, which has seen an increase in its caseload in the four months since Chief Judge Rowan Wilson assumed leadership of the court. Bonventre detailed his research for an upcoming article on the changes at the court.

“I found that the court's caseload has increased by almost 50% since Chief Judge Wilson has been in charge of scheduling oral arguments,” he said. “Wilson has made it clear, while he was associate judge, and made it clear during his interviews for chief judge, that he thought the court ought to be hearing more cases, and they certainly are.”

Elin Kunz, former director of Physician Services at Halifax Health discusses her experience as a whistleblower. Kunz was responsible for uncovering Medicare fraud by her employer and details the struggles that whistleblowers face professionally and personally. Kunz was a panelist at the NYSBA Presidential Summit on whistleblowers in 2019. Miranda Warnings is hosted by past NYSBA President David Miranda.

Cindy Miller, former Radio City Rockette, philanthropist, and wife of NYSBA President Michael Miller talks about her career as a Radio City Rockette and leading the effort to get Radio City Music Hall designated a historical landmark. She also shares some Holiday do’s and don’ts. You’ll get a kick out of this episode. Miranda Warnings is hosted by past NYSBA President David Miranda.

Nelson Denis, award-winning screenwriter, film director, author, and former New York State Assembly member talks about the history of Puerto Rico’s relationship with the United States, how the problems brought about by Hurricane Maria have been crushing the island for decades and solutions for how Puerto Ricans can become self-sustaining. Miranda Warnings is hosted by past NYSBA President David Miranda.

Patty Salkin, former Dean at Touro Law Center, discusses the conflicting interests and resulting tensions in New York law schools, which must prepare students for the UBE, ensure they meet pro bono and other licensing requirements, and make students understand that a New York practice will require more than knowledge of the Uniform Acts. Miranda Warnings is hosted by past NYSBA President David Miranda.

Jill Choate Beier, founding partner at Beier & Associates discusses why people need to include the disposition of digital assets in their estate planning as well as why fiduciaries still are blocked from accessing email and social media accounts and how this has an outsized impact on very small estates. Miranda Warnings is hosted by past NYSBA President David Miranda.

Ed Walters, the CEO of Fastcase, teaches a course titled the “Law of Robots.” He discusses the consequences of the law’s historically slow response to a world defined by rapid change, increasing reliance on technology and disinterest in its unintended consequences. Miranda Warnings is hosted by past NYSBA President David Miranda.

Two of the last five presidential elections were won by people who lost the popular vote, a risk inherent to the Electoral College system. Michael Fox, assistant professor of business law and pre-law advisor at Mount Saint Mary College, and Howard Schaffer, founder of Media Marketing, discuss the history of the Electoral College, whether it still serves today’s voters and what might replace it. Miranda Warnings is hosted by past NYSBA President David Miranda.