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.

Jack Young, of counsel at Sandler Reiff in Washington, DC, and an expert on election law, discusses his work on the 2000 Bush v. Gore recount – from the Gore team’s pre-dawn rush to Tallahassee to its rifts on strategy. Attempts to create a standard by which all “chads” could be judged brought the matter to the courts, beginning what Jack views as unwarranted federal interference in an ongoing state process. Miranda Warnings is hosted by past NYSBA President David Miranda.

Susan Harper, chair of the Women in Law Section and Managing Director NY/NJ, Bates Group, discusses women’s rights issues in the context of history and the present-day #MeToo movement. While noting “blips” in progress, Harper is optimistic, seeing #MeToo as a pivotal point that has inspired women to be more active in everything from politics to the workplace. Miranda Warnings is hosted by past NYSBA President David Miranda.

Camille Mackler, director of immigration legal policy at the New York Immigration Coalition, and Sarah Rogerson, professor of law and director of Albany Law School’s Immigration Law Clinic discuss bringing legal services to the more than 300 asylum-seeking refugees abruptly transferred to the Albany County jail in summer 2018 by Immigration and Customs Enforcement. Sarah and Camille describe how the task was made possible by the volunteer network of lawyers, service providers, and bar associations that grew out of the January 2017 “travel ban” and Albany Law’s unique partnership with the Albany County jail. Miranda Warnings is hosted by past NYSBA President David Miranda.

The New York State Bar Association’s latest episode of its “Miranda Warnings” podcast features an interview with Alan Barinholtz talking about his newfound stardom and the success of the comedy series” Jury Duty.”

Barinholtz plays judge Alan Rosen in the 8-part series streaming on Amazon’s Freevee channel. The show examines what it’s like to be on a sequestered jury during a civil liability case. In the show, however, all of the people are actors except for one juror named Ronald Gladden. He thinks the trial is real and he is part of a documentary on what it’s like to serve on a jury.

It may surprise viewers to learn that Barinholtz is a practicing attorney in Ohio and Illinois with a career spanning 40 years in personal injury litigation. He chose to pursue law after spending a few years after college trying to make it as an actor and standup comedian. Now the 72-year-old is back at it and loving every minute of it.  He is as surprised as anyone about the success of the show, which garnered 4 Emmy nominations this month.

“In my wildest dreams, I never imagined that it would take off the way it has taken off,” he said. “For the life of me I don’t think anyone thought it would catch fire like it did. “

His sons, accomplished actors and writers Ike and Jon Barinholtz encouraged their dad to audition for “Jury Duty” when he was visiting the family in Los Angeles in late 2021. They submitted a video audition and Barinholtz secured the role a month later.

In the podcast episode, Barinholtz provides a behind the scenes perspective on what it was like to work on the production, mixing scripting with improv and endless hours of rehearsal. He tells host David Miranda about the one scene where he nearly lost his composure.

“When Todd the eccentric inventor comes in with the chair pants, I started chucking and did all I could to keep from cracking up,” he said.

Hear more about the behind the scenes work with the cast, crew of Jury Duty, and Barinholtz's perspective on the current SAG-AFTRA strike in this episode of Miranda Warnings.

Lesley Rosenthal, chief operating officer of the Juilliard School, and Hank Greenberg, NYSBA President-elect, and shareholder at Greenberg Traurig discuss the rule of law, the bedrock of a free and democratic society in a lively and timely conversation. At its essence, the rule of law provides that no one is above the law and all are equally accountable. Lesley and Hank discuss the concept of the rule of law, how it governs every aspect of our society and our lives, and whether attacks on the Department of Justice and the judiciary are endangering the basis of our democracy. Miranda Warnings is hosted by past NYSBA President David Miranda.

Vincent Bonventre, the Justice Robert H. Jackson Distinguished Professor at Albany Law School, talks about the roots of today’s hyper-partisan Supreme Court nomination battles, discusses the myth of constitutional “originalism,” and dispels the notion that a time existed when politics were not the chief motivator for a Court nomination. Miranda Warnings is hosted by past NYSBA President David Miranda.

Ken Screven, the first African-American television reporter and news anchor in Albany, discusses encountering racism as he joined WRGB, his insistence on relating the humanity and heart behind the news and how the art and craft of reporting is succumbing to the demands of the market-driven news cycle. Miranda Warnings is hosted by past NYSBA President David Miranda.

Alicia Ouellette, dean of Albany Law School, talks with David about how law school curriculum must move in parallel with the changing practice of law, the JD advantage, and how the best predictor of students’ success isn’t their LSATs – it’s their passion and commitment. Miranda Warnings is hosted by past NYSBA President David Miranda.

Baxter, NYSBA’s general counsel, and Cardona, an intellectual property attorney, talk with David about turning 1830s townhouses into modern office space, Albany’s rich history, and where in Albany you might have a chance of seeing a ghost. Miranda Warnings is hosted by past NYSBA President David Miranda.

Kathy Suchocki is NYSBA’s senior director of Continuing Legal Education and Law Practice Management. When she isn’t busy with her day job, she takes her seat several times a month on the bench of the Town Justice Court in Halfmoon, NY, to adjudicate a wide range of matters. Miranda Warnings is hosted by past NYSBA President David Miranda.

Hank Greenberg, a shareholder at Greenberg Traurig and president-elect of the New York State Bar Association, takes the past very seriously. He talks to David about the 1920 New York State Legislature’s refusal to seat five duly elected Socialist party members, the reaction of the organized bar and the lessons it holds for today. Miranda Warnings is hosted by past NYSBA President David Miranda. www.nysba.org/podcast

Mark Berman, a partner at Ganfer Shore Leeds & Zauderer LLP, describes how an innocent-looking link can allow a virus to infect your server and then your clients’, vendors’ and others’ systems. Miranda Warnings is hosted by past NYSBA President David Miranda.

T. Andrew Brown, managing partner at Brown Hutchinson LLP, has a passion for education. He talks to David about his work as Vice Chancellor of the SUNY Board of Regents and how access to a good education is the basis for life’s opportunities. Miranda Warnings is hosted by past NYSBA President David Miranda.

Michael Miller, a solo practitioner in the area of trusts and estates and president of the New York State Bar Association, talks about supervising elections in Bosnia, just nine months after the war’s end in 1995. Amid the ruins and casualties of war, and despite persistent rain, Bosnians stood for hours proud and eager to vote in a democratic election. Miranda Warnings is hosted by past NYSBA President David Miranda. www.nysba.org/podcast

From assigned counsel rates, to the repeal of Judiciary law 470, and Clean Slate, the Miranda Warnings Roundtable dissects the wins and losses of the session which just wrapped up this week. 

Richard Hartunian, now a partner at Manatt, Phelps & Phillips, served 20 years in the Justice Department, including nearly eight as US Attorney for the Northern District of New York. He discusses how Supreme Court rulings in Skilling and McDonnell have changed the way we prosecute corruption, the strategies of Special Counsel Robert Mueller and the transition from public servant to private practice. Miranda Warnings is hosted by NYSBA's 118th President, President David Miranda.

Sharon Stern Gerstman, of counsel at Magavern Magavern Grimm, discusses “zero tolerance” disciplinary policies in schools and how they can criminalize even minor infractions. She sees hope in student-led youth courts and the trend toward restorative justice. Miranda Warnings is hosted by past NYSBA President David Miranda.

Dick Lewis sits down with host David Miranda to lay out the vision for his term as president of the New York State Bar Association. HIs priority is to help remove the hurdles that prevent lawyers around the state from fully realizing their potential to succeed professionally while serving clients and expanding access to justice.

Former New York State Court of Appeals Judge Albert Rosenblatt joins David Miranda to discuss his book "The Eight: The Lemon Slave Case and the Fight for Freedom". The book details the case of 8 slaves granted freedom by the New York Courts when they arrived in New York harbor. The slaves were property of a Virginia family traveling to Texas by ship which docked in New York.   

Touro Law Professor Patty Salkin discusses the increase in lawyers leading academic institutions and how it is opening new career paths for lawyers. 

Technology can both help and hurt in the cause of justice. In a fascinating conversation, Vivian Wesson shares how artificial intelligence and facial recognition are being used in both criminal and civil law.   

Past presidents David Miranda and Hank Greenberg discuss a pivotal time in history for America, the world and the New York State Bar Association. Shortly after its founding, the association was at the forefront of international politics leading an effort to establish a world court where nations could arbitrate differences to prevent war.  

David Miranda, Albany law professor Vin Bonventre and political strategist Liz Benjamin discuss Governor Hochul's nomination of Hector LaSalle for Chief Judge of the Court of Appeals and the State of New York. 

She is a trailblazer in the legal profession and at the New York State Bar Association. Host David Miranda talks to NYSBAs first female president Maryann Saccomando Freedman. They discuss her rise to prominence and how she fought gender stereotypes her entire career.

The U.S. Supreme Court continues to make news with its decisions this spring on issues from presidential immunity to the role federal agencies play in making and enforcing government regulations.

The Miranda Warnings Roundtable tackled these and other questions during a lively podcast this month.

The panelists, Vin Bonventre, a professor of constitutional law at Albany Law School, and communications and political strategist Liz Benjamin started the discussion by reacting to the court’s decision on presidential immunity from criminal prosecution.

We have an election 2022 wrap up on this episode of Miranda Warnings Roundtable. Despite a closer than usual race for New York State Governor Kathy Hochul and the democrats swept statewide offices in November. On the federal level, the predicted red wave never happened.

Democrats may actually gain a seat in the U.S. Senate and end up with a close minority in the House of Representatives.

This may be the best midterm for the democrats with a democrat in the White House. Since John Kennedy, the democrats were aided by a the Supreme Court decision in Dobbs.

It could have been even better for the democrats in Congress or it not, for the New York Court of Appeals Decision in Harkenrider rejecting the Legislature's redistricting proposal and influencing the four New York House seats that flipped Republican.

Join host David Miranda and guest Liz Benjamin and Vin Bonventre for a lively discussion. 

 

On this episode of Miranda Warnings, host David Miranda and guest Albany Law Professor Vin Bonventre look at the great dissenting opinions of the last 40 years in New York State's highest court.

The 30 minute podcast covers issue that still resonate today like the freedom to marry, patients rights and a suspect's rights during police interrogation.  Bonventre says a dissenting opinion has a greater impact since the judge is making a public statement in opposition to the majority opinion of the court.

"They are extremely revealing. Now. Why? Because the dissenter is announcing to the public. 'My colleagues are wrong  I've lost! I'm expending judicial capital. I probably hurting feelings Right? I'm the loser in this case. But I'm hoping that the public, the legislature, maybe the court in the future will correct what my colleagues have done today.'"

Listen to the lively discussion her and check out the full article "The Great Dissents" at nysba.org.

From affirmative action to voting rights and the regulation of the pork industry, the roundtable panel takes on all the issues before the U.S. Supreme Court this term. Check out the lively discussion right here. 

The Johnny Depp v Amber Heard defamation trial did more than fill the gossip columns in the tabloids. The case demonstrated the expanded use and power of social media often by third parties not involved in the actual case. The latest episode of "Miranda Warnings", host David Miranda breaks down the trial and the effects that social media use had in the case and in the court of public opinion.

Joining him in the discussion is Scott Malouf, a social media attorney in the Rochester area, who focuses on all things social media for lawyers and business clients. Debra Hamilton, from Westchester County, specializes in mediation involving clients and their pets. The two recently co-authored an article in the New York State Bar Journal on the case.  

The Depp v Heard case was unique in that it was not only involving two celebrities, but televised in real time from a Virginia courtroom. Both guests say the coverage started small and as it grew, took on a life of its own.

"Small influencers were watching the case starting to comment on it and getting a lot more traction which means more ad revenue," said Malouf. "Some of influencers said they supported Johnny because that content did better. It had nothing to do with who was winning and I think for litigants and organizations that’s a really tough and scary prospect."

Debra Hamilton says attorneys have a tough job balancing what is right for their clients and trying to prevent an outside party from affecting the case. "We are in the business of helping our clients solve issues however if they get involved in social media and third parties get involved in carrying their water so to speak in social media it can really escalate."

Miranda Warnings host David Miranda is joined by NYS Court of Appeals expert and law professor Vin Bonventre and political strategist Liz Benjamin. The Roundtable guests discuss recent efforts to influence the commission considering candidates for Governor Hochul to nominate to the NYS Court of Appeals. They also break down the winners and losers in the summer primaries and look forward to the general election in November.  

New York State Bar Association General Counsel David Miranda hosts a lively roundtable with political strategist Liz Benjamin and constitutional law professor Vin Bonventre. They discuss the swing to the right of the US Supreme Court through its rulings handed down in the Spring of 2022.  

Rulings on reproductive rights, gun rights and religious rights were just three of several issued the court decided this term. Liz Benjamin says no one should be surprised that the court moved to the political right. 

"They have been chomping at the bit for years to do this. This is exactly what conservatives, I will say in their brilliance, have always played the long game. The conservatives have been playing chess while the democrats or liberals play checkers." 

Professor Bonventre says a Justices may change over time and it's a move we have seen before.  "The same thing that happened to Sandra Day O’Conner and Anthony Kennedy has already happened with the Chief Justice pushing him over to the left. I think the same thing’s going to happen to Kavanaugh, maybe also to Amy Coney Barrett." 

Join us for this lively discussion each month on Miranda Warnings: Roundtable.  

"Miranda Warnings" host David Miranda is joined by Albany law professor and constitutional scholar Vin Bonventre and former journalist and political strategist Liz Benjamin. The roundtable discuss the recent resignation of Chief Judge Janet DiFiore and what is next for the state's highest court.  

In June, the U.S. Supreme Court struck down part of the New York State Law governing the process to obtain a conceal carry permit for a firearms.

In the case of the New York State Pistol and Rifle Association v Bruen, the high court found that the “probable cause” language in New York’s law was unconstitutional, ruling that part of the law was in violation of the second amendment.

In response, Governor Kathy Hochul called the state legislature back into session to pass new state laws dealing with conceal carry permits. 

The new laws restrict where concealed weapons are allowed, require background checks before buying some types of ammunition and provide changes the laws dealing with locking your weapon in your home or car.

Host David Miranda is joined by New York State Bar Association member Peggy Finerty. She is a partner at Getnick and Getnick in New York City. She is a member of the Committee on the New York State Constitution and the co-chair of the Task Force on Mass Shootings and Assault Weapons.

The two discuss the current legislation to address the conceal carry rules in the Bruen case.

David Miranda took on the issue of cameras in the court and access by the public and the media in this week's episode of his podcast "Miranda Warnings."

The issue came back into the public eye recently with several high profile trials like Kyle Rittenhouse, Derek Chauvin and the Johnny Depp v. Amber Heard defamation case.

The New York State legislature also took up the issue of New York's law governing cameras in the courts during the legislative session. In March, Senator Brad Holyman introduced  S792A in the New York State Senate to repeal two parts of the judicial law and civil rights law in New York which deal with allowing cameras in New York courts. There is a companion bill in the New York State Assembly. The bills are still in committee in the legislature. If passed, the bills would give widespread access in the trial courts.

Currently, some media coverage is allowed at the local and county court level if approved by the presiding judge. Judges often allow coverage of arraignments, opening and closing statements, verdicts and sentencings. Under current New York State law, cameras are not allowed to record testimony.

Cameras are allowed at the appellate and court of appeals levels. In those cases there is no testimony, only arguments before a panel of judges.

In the podcast, hear a spirited debate between Daniel Novack and Norm Effman.

Novack is the Associate General Counsel at book publisher Penguin Random House. He is the Co-chair of the New York State Bar Association Media and Law Committee. He supports wide access for cameras in the courts.

Norm Effman is the public defender in Wyoming County and the Executive Director of the Wyoming County Attica Legal Aid Bureau. He is a member of the bar associations criminal justice section and a past member of the NYSBA Executive Committee. He is also a former chair of the mandated representation committee.  Effman believes that there should be restrictions on camera use and that defense counsel should have the right to veto camera use.

During the lively conversation both guests discussed issues such as the public access to courts, the right and protections of witnesses and the rights of the accused. The two guests also discussed issue such as implicit bias and holding public officials accountable.

Sherry Levin Wallach, the 125th President of the New York State Bar Association discusses her priorities as she begins her term. She is focusing on the issues of membership growth and the future of practice in New York. What will legal practice look like going forward in a post-pandemic New York? How can we combat isolation, reconnect and handle mental health challenges facing both clients and their attorneys. Wallach also touches on issues of equal justice for Americans living in US territories and sentencing reform when she joins David Miranda for Miranda Warnings. David Miranda is a past president of the New York State Bar Association and its current General Counsel.   

Jeff Zaino discusses the current trends in the field of arbitration and looks to the future on issues ranging from technology, use of AI and the continuing need to attract diverse talent to the profession.

Zaino joined "Miranda Warnings" podcast host David Miranda for a wide ranging interview.  Calling himself "the original JZ", Zaino shared his wealth of experience in the field he has loved for more than 30 years.

New York State Bar Association President T. Andrew Brown joins Miranda Warnings to discuss his term as president, guiding the organization through COVID, and taking on major social issues. The 124th President of NYSBA discusses how he raised the profile of the organization through taking on injustice, advancing the organization internationally and providing members support through the pandemic. 

In a special edition of Miranda Warnings Supreme Court expert Prof. Vincent Bonventre and political insider Liz Benjamin discuss the leak of the Supreme Court's draft decision on abortion.

Vincent Bonventre is a recognized Supreme Court expert and Justice Robert H. Jackson Distinguished Professor of Law at Albany Law School.

Liz Benjamin is managing director at Marathon Strategies and is former host of Capital Tonight a nightly political telelvision show out of Albany, NY. 

You can read he full transcript here. 

Author, journalist and Supreme Court expert Linda Greenhouse discusses the court's conservative transformation and her book "Justice on the Brink."
 
Pulitzer Prize winner Linda Greenhouse shares her deep understanding of the Supreme Court and lays out how the institution has gone from being seen as above the political fray to being a deeply political institution.
 
Her book "Justice on the Brink The Death of Ruth Bader Ginsburg the Rise of Amy Coney Barrret, and Twelve Months That Transformed the Supreme Court" is available through Random House. 

New York State Senator Gustavo Rivera discusses the success of charitable bail funds, bail reform and parole reform in this lively episode of Miranda Warnings.

Rivera, who is chair of the Senate's Health Committee also discusses the state's approach to the COVID-19 pandemic and vaccine mandates.