This event pays tribute to Judge Jack B. Weinstein (Columbia Law School, Class of 1948) and his pioneering contributions to substantive law and procedure as well as judicial process and views of the judicial role.
Faculty from Columbia Law School and NYU School of Law join Weinstein’s former clerks, students, and bench colleagues to explore Weinstein’s legacy in panels including “Judicial Administration and View of the Judicial Role,” “Mass Torts and Complex Litigation,” “Criminal Law—Evidence—Sentencing,” and “Civil Practice and Procedure.”
Speakers will reference Weinstein’s academic writings, treatises, and legal opinions, including appellate review of such opinions, while also sharing personal anecdotes and lessons learned from the judge. Participants will also hear Weinstein’s views—in his own words, as captured in his oral history interviews conducted by NYU School of Law’s Institute of Judicial Administration (2016).
PROGRAM
(as of December 2, 2021)
Welcome
Gillian Lester, Dean and Lucy G. Moses Professor of Law, Columbia Law School
Trevor W. Morrison (Columbia Law School, Class of 1998); Dean and Eric M. and Laurie B. Roth Professor of Law, NYU School of Law
Samuel Estreicher (Columbia Law School, Class of 1975); Dwight D. Opperman Professor of Law, Faculty Director of the Center for Labor and Employment Law, and Faculty Co-Director of the Institute of Judicial Administration, NYU School of Law
Part I (approximately 3:45 p.m.)
Moderator: Bert Huang, Michael I. Sovern Professor of Law, Columbia Law School
Judicial Administration and View of the Judicial Role
Speaker: William “Bill” B. Bonvillian (Columbia Law School, Class of 1974); Lecturer, Massachusetts Institute of Technology; Former Clerk to Judge Weinstein; Oral History Interviewer
Commentator: Judge Carol Bagley Amon of the U.S. District Court for the Eastern District of New York
Civil Practice and Procedure
Speaker: David Noll (NYU School of Law, Class of 2008); Associate Dean for Faculty, Research, and Development and Professor of Law, Rutgers Law School; Former Associate-in-Law, Columbia Law School
Commentators: Oscar Chase, Russell D. Niles Professor of Law Emeritus and Faculty Co-Director Emeritus, Institute of Judicial Administration, NYU School of Law
Olatunde C. Johnson, Jerome B. Sherman Professor of Law, Columbia Law School
Judge Michael D. Stallman (NYU School of Law, Class of 1974); Retired Acting New York State Supreme Court Justice/Judge, New York City Civil Court
Part II
Moderator: Troy McKenzie (NYU School of Law, Class of 2000); Professor of Law and Faculty Co-Director, Institute of Judicial Administration, NYU School of Law
Mass Torts and Complex Litigation
Speaker: John C. Coffee Jr., Adolf A. Berle Professor of Law, Columbia Law School
Commentator: Judge John G. Koeltl of the U.S. District Court for the Southern District of New York; Adjunct Professor of Law, NYU School of Law
Criminal Law—Evidence—Sentencing
Speaker: Samuel W. Buell (NYU School of Law, Class of 1992); Bernard M. Fishman Professor of Law, Duke University School of Law; Former Clerk to Judge Weinstein
Commentator: Judge Gerard E. Lynch (Columbia Law School, Class of 1975); U.S. Court of Appeals for the 2nd Circuit; Paul J. Kellner Professor Emeritus of Law, Columbia Law School; Former Student of Judge Weinstein's
Q&A
Moderator: Professor Bert Huang
Part III (approximately 5:20 p.m.)
Moderator: John C.P. Goldberg (NYU School of Law, Class of 1991); Deputy Dean and Carter Professor of General Jurisprudence, Harvard Law School; Former Clerk to Judge Weinstein
Personal Remembrances: Weinstein’s Clerks and Students
Fred A. Bernstein (NYU School of Law, Class of 1994); Former Clerk to Judge Weinstein
Senior Judge Anita B. Brody (Columbia Law School, Class of 1958) of the U.S. District Court for the Eastern District of Pennsylvania; Former Student of Judge Weinstein’s
Les Fagen (Columbia Law School, Class of 1974); Senior Advisor and Board Director for Private Companies and Foundations; Retired Partner, Paul, Weiss, Rifkind, Wharton & Garrison; Lecturer in Law, Columbia Law School; Former Clerk to Judge Weinstein
Tulsi E. Gaonkar (Columbia Law School, Class of 2012); Partner, Bartlit Beck; Former Clerk to Judge Weinstein
Senior Judge Robert D. Sack (Columbia Law School, Class of 1963) of the U.S. Court of Appeals for the 2nd Circuit; Adjunct Professor of Law, Columbia Law School; Former Student of Judge Weinstein’s
Closing
Professor Samuel Estreicher
This video is eligible for New York State CLE credit and is password protected. Please reach out to [email protected] for access.
Part I of this webinar has been approved for 0.5 New York State CLE credit in the category of Professional Practice. Part II of this webinar has been approved for 1.0 New York State CLE credit in the category of Professional Practice. Please note CLE credit is not available for Part III. Any credits are both transitional and non-transitional, appropriate for both experienced and newly admitted attorneys.
NYU School of Law is an accredited provider of Continuing Legal Education (CLE) in the State of New York. If you are seeking CLE credit for a different state, we recommend you consult with your state's CLE Board to ascertain regulations on reciprocity.
FORMS
Send both completed forms to [email protected].
READING MATERIALS
Part I moderated by Prof. Bert Huang (.05 CLE credit)
Judicial Administration and Views of the Judicial Role
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Reading #1: Stephen Breyer, Tribute to the Honorable Jack Weinstein, 97 Columbia L. Rev, 1947 (1997). Link
- Reading #2: Jeffrey B. Morris, Jack B. Weinstein: Judicial Entrepreneur, 69 U. Miami L. Rev. 393 (2015). Link
- Reading #3: Jeffrey B. Morris, “Characteristics of Jack Weinstein’s Judging,” Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein, Oxford University Press, 20. Oxford Scholarship Online. Link
- Reading #4: Transcript - IJA Oral History of Distinguished American Judges, Institute of Judicial Administration, NYU School of Law, Judge Jack B. Weinstein: An Interview with William B. Bonvillian and Oscar Chase, 2016. Link
Civil Practice & Procedure
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Reading #1: Oscar G. Chase, The Paradox of Proceduralism, 62 St. Johns L. Rev. 463 (1988) Link
- Reading #2: Howard M. Erichson, Judge Jack Weinstein and the Allure of Antiproceduralism, 64 DePaul L. Rev. 393 (2015). Link
- Reading #3: Jack B. Weinstein, Proposed Revision of New York Civil Practice, 60 Colum. L. Rev. 50 (1960). Link
- Reading #4: Jack B. Weinstein, After Fifty Years of the Federal Rules of Civil Procedure: Are the Barriers to Justice Being Raised, 137 U. Pa. L. Rev. 1901 (1989). Link
Part II moderated by Prof. Troy McKenzie (1.0 CLE Credit)
Mass Torts & Complex Litigation
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Reading #1: Prof. John C. Coffee, Jr.’s Webinar Remarks, Jack B. Weinstein: Pioneer in Judging & Justice (2021) Link
- Reading #2: Judge Helen E. Freedman, Selected Ethical Issues in Asbestos Litigation, 37 Sw. U. L. Rev. 511 (2008). Link
- Reading #3: Scott Fruehwald, Individual Justice in Mass Tort Litigation: Judge Jack B. Weinstein on Choice of Law in Mass Tort Cases, 31 Hofstra Law Rev. 323 (2002). Link
- Reading #4: Jack B. Weinstein, The Effect of Equity on Mass Tort Law, 1991 U. Ill. L. Rev. 269 (1991). Link
- Reading #5: Jack B. Weinstein, Ethical Dilemmas in Mass Tort Litigation, 88 Nw. U. L. Rev. 469, 473-74, 489, 540, 542 (1994). Link. See also, Geoffrey C. Hazard, Jr., Reflections on Judge Weinstein’s Ethical Dilemmas in Mass Torts Litigations, 88 Northwestern L. Rev. Reflections 469 (1994) Link
Criminal Law/Evidence/Sentencing
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Reading #1: Carolin E. Guentert & Ryan H. Gerber, A Judge’s Attempt at Sentencing Consistency After Booker: Judge Jack B. Weinstein’s Guidelines for Sentencing, 41 Cardozo L. Rev. (2019). Link
- Reading #2: Jack B. Weinstein, In re Habeas Corpus Cases, 216 F.R.D. 45 (E.D.N.Y. 2003). Link
- Reading #3: Judge Weinstein Memorandum of Law No. 09-CR-155 re Sentencing. Link
- Reading #4: U.S. v. Sinmyah Amera Ceasar, 19-2881(L) (2021). Link
For questions about CLE, please contact [email protected].
