Judith S. Kaye in Her Own Words
Excelsior Editions (Verlag)
978-1-4384-7479-3 (ISBN)
In 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York's highest court. Ten years later, she became the first woman to be appointed chief judge of the xourt, and by the time she retired, in 2008, she was the longest-serving chief judge in the court's history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye's own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her.
The first section of the book, Kaye's memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees.
The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally.
The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law.
"An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice." — from the Foreword by Honorable Janet DiFiore
Henry M. Greenberg is President of the New York State Bar Association and a shareholder with Greenberg Traurig LLP, in Albany, New York. Luisa M. Kaye is Judge Kaye's daughter. After practicing as a commercial litigator in New York for over twenty years, she started a new career, making pastry and baking bread, with plans to open a bakery in Denver, Colorado. Marilyn Marcus is an attorney and the executive director of the Historical Society of the New York Courts since 2004. As executive director, she developed a treasured working and personal relationship with Judge Kaye, who founded the organization in 2002 and remained closely involved with it for the rest of her life. The mission of the Society is to preserve, protect, and promote New York legal history. Albert M. Rosenblatt served with Judge Kaye on the New York State Court of Appeals from 1999 through 2006. His previous books include Opening Statements: Law, Jurisprudence, and the Legacy of Dutch New York (coedited with Julia C. Rosenblatt), also published by SUNY Press.
Foreword
Chief Judge Janet DiFiore
Editorial Preface
Honorable Albert M. Rosenblatt
Biographical Introduction
Susan N. Herman
Milestones
REFLECTIONS ON A LIFE IN THE JUDICIARY, THE LAW, AND THE WORLD
A Note on the Text
Luisa M. Kaye
Preface
Part I. The Court Years (1983–2009)
1. The New York Court of Appeals
2. My Arrival on the Court of Appeals
3. Getting to Work
4. The Courts’ Dockets and Enduring Personal Lessons
5. My Transition to Chief Judge
6. The Best . . .
7. The Worst . . .
8. . . . And Everything in Between
Part II. Return to the Real World
9. The Afterlife
Part III. Who I Am, from Day One
10. From Day One through Law School
11. My Years as a Lawyer
12. One Continuous Role: As a Woman
Postscript
Citations to Cases and Other Materials
Photo galleries follow pages 76 and 90
OPINIONS
Introduction
Honorable Albert M. Rosenblatt
People v. Class, 63 NY2d 491 (1984), rev’d 475 US 106 (1986)
Tebbutt v. Virostek, 65 NY2d 931, 940 (1985)
O’Neill v. Oakgrove Constr., 71 NY2d 521 (1988)
Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 NY2d 530 (1990)
W.W.W. Assoc. v. Giancontieri, 77 NY2d 157 (1990)
Alison D. v. Virginia M., 77 NY2d 651 (1991)
Immuno AG v. Moor-Jankowski, 77 NY2d 235 (1991)
Hope v. Perales, 83 NY2d 563 (1994)
People v. Wesley, 83 NY2d 417 (1994)
Schulz v. State of New York, 84 NY2d 231 (1994)
Matter of Jacob, 86 NY2d 651 (1995)
Johnson v. Pataki, 91 NY2d 214 (1997)
Rust v. Reyer, 91 NY2d 355 (1998)
Karlin v. IVF Am., 93 NY2d 282 (1999)
Kihl v. Pfeffer, 94 NY2d 118 (1999)
532 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr., 96 NY2d 280 (2001)
Levin v. Yeshiva Univ., 96 NY2d 484 (2001)
Matter of Brandon (Nationwide Mut. Ins. Co.), 97 NY2d 491 (2002)
Campaign for Fiscal Equity, Inc. v. State of New York, 100 NY2d 893 (2003)
First Financial Ins. Co. v. Jetco Contr. Corp., 1 NY3d 64 (2003)
Brill v. City of New York, 2 NY3d 648 (2004)
Nicholson v. Scoppetta, 3 NY3d 357 (2004)
People v. Gonzalez, 1 NY3d 464 (2004)
Maybee v. State of New York, 4 NY3d 415 (2005)
People v. Caban, 5 NY3d 143 (2005)
People v. Catu, 4 NY3d 242 (2005)
People v. Combest, 4 NY3d 341 (2005)
Deutsche Bank Sec., Inc. v. Montana Bd. of Invs., 7 NY3d 65 (2006)
Hernandez v. Robles, 7 NY3d 338 (2006)
People v. Hill, 9 NY3d 189 (2007)
Ross v. Louise Wise Servs., Inc., 8 NY3d 478 (2007)
Matter of Piel, 10 NY3d 163 (2008)
ARTICLES AND SPEECHES
Introduction
Henry M. Greenberg
A Lecture about Judge Benjamin Nathan Cardozo
Dual Constitutionalism in Practice and Principle
The Human Dimension in Appellate Judging: A Brief Reflection on a Timeless Concern
One Judge’s View of Academic Law Review Writing
Women in Law: The Law Can Change People
State Constitutional Common Law: The Common Law as a Full Partner in the Protection of Individual Rights
Law Is Pivotal in Advancing Women’s Rights
The Changing World of Children: The Responsibility of the Law and the Courts
State Courts at the Dawn of a New Century: Common-Law Courts Reading Statutes and Constitutions
In Memoriam: William J. Brennan, Jr.
Delivering Justice Today: A Problem-Solving Approach
The Best Oral Argument I (N)ever Made
My Life as Chief Judge: The on Juries
Acknowledgments
Appendix: Law Clerks of Judith S. Kaye
About the Editors
Index of Cases
General Index
Erscheinungsdatum | 16.05.2019 |
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Reihe/Serie | Excelsior Editions |
Zusatzinfo | Total Illustrations: 31 |
Verlagsort | Albany, NY |
Sprache | englisch |
Maße | 178 x 254 mm |
Gewicht | 227 g |
Themenwelt | Literatur ► Biografien / Erfahrungsberichte |
Recht / Steuern ► Allgemeines / Lexika | |
Recht / Steuern ► EU / Internationales Recht | |
Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht | |
ISBN-10 | 1-4384-7479-2 / 1438474792 |
ISBN-13 | 978-1-4384-7479-3 / 9781438474793 |
Zustand | Neuware |
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