Jack B. Weinstein: Pioneer in Judging and Justice

A joint webinar presented by Columbia Law School and the Institute of Judicial Administration (IJA) at New York University School of Law
 

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

 

CLE

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. 

To Obtain New York CLE Credit for This Session

To obtain NYS CLE credit, you must be in attendance for the applicable part of the program, complete and sign the Attorney Affirmation Form for CLE  with codes read during the session(s) for which you are seeking credit, then submit the form by email to [email protected] by Thursday, December 9, 2021.  CLE Evaluations can be submitted online. Please note the NYS CLE Certificate will be sent to the email address as it appears on the Zoom registration unless otherwise noted on the Attorney Affirmation form.

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. 

CLE Materials
(Be sure to check your "Downloads" tab or folder after clicking the link to receive the form).

1. CLE Readings

Part I moderated by Prof. Bert Huang (.05 CLE credit)

Judicial Administration and Views of the Judicial Role

  • 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

  • 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

  • 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

  • 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

2. You may view the full program and listing of speakers with their profiles above.

3. Attorney Affirmation Form for CLE

4. Evaluation Form

For questions about CLE, please contact [email protected].

 

More Information

For inquiries about the event, contact Beth Evans ([email protected]) or Allison Schifini (NYU School of Law, Class of 1995) ([email protected]).

Logos of Columbia, NYU, and NYU's Institute of Judicial Administration