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NYSBA Reports
Click on the links below to view each page or PDF. Click here to download the free Adobe Acrobat
Reader.
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The Uniform Mediation Act and Mediation in New
York (PDF)
By the NYSBA Committee on Alternative
Dispute Resolution
The NYSBA Committee on Alternative
Dispute Resolutionhas written a report entitled, The Uniform
Mediation Act and Mediation in New York. That report has been
submitted to sections and committees within the Association, for
comment, in anticipation that the NYSBA Executive Committee will
consider the report at its meeting in January. Opinions expressed
in the report are those of the Committee on ADR and do not
represent those of the New York State Bar Association unless and
until the report is adopted by the Executive Committee or the
House of Delegates.
- Lawyer Assistance Program 2001-2002 Annual
Report (PDF) - November 2002
by the NYSBA Lawyer Assistance
Program, in conjunction with the Committee on Lawyer Alcoholism
and Drug Abuse
- 2001 Discipline
Report (PDF)
by the Committee on
Professional Discipline
Released in July,
2002.
- Gender Equity in the Legal Profession: A Survey,
Observations and Recommendations
(PDF)
by the Committee on Women in the
Law
Presented to the House on June 22, 2002. The House
unanimously approved the report, which made recommendations on
gender equity in the legal profession based on the survey
responses of about 800 attorneys. The survey found that
discrimination still exists in law firms, evidenced in part by
unequal pay and a low percentage of women in high-level positions.
The NYSBA will establish a Task Force to coordinate diversity
efforts on behalf of all attorneys, and serve as a resource to
assist law firms in addressing the barriers that remain for women
and minority attorneys.
- Report on Military
Commissions (PDF) and Resolution on Military Commissions
by
the Coordinating Committee on Federal Anti-Terrorism
Measures
Presented to the House on June 22, 2002. The
House called on the Bush Administration to narrow the
circumstances in which military tribunals are used, and approved
the report. Recommendations include affording due process at
the level provided in the Uniform Code of Military Justice, and
providing habeas corpus relief and right of appeal, including writ
of certiorari, to the US Supreme Court. John C. Maloney Jr.
presented recommendations.
- Report of the Special Committee
on Judicial Campaign Conduct, and Resolution for
Consideration (PDF)
Presented to the House
on June 22, 2002. The House approved the report. The
committee is working with local bar associations to establish
judicial campaign conduct committees at the local level to "help
ensure that campaigns for judicial office are consistent with the
dignity and integrity of the legal profession."
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Attracting Qualified Attorneys to Public
Service (PDF)
by the Special Committee on Student Loan Assistance
for the Pubic Interest
Presented to the House on June
22, 2002. The report was approved. An entity will be
established to provide financial assistance to help eligible
attorneys, who are seeking a career in public
service, with their law school debt . This entity will work
closely with The New York Bar Foundation, and encourage all law
schools to establish programs to assist students with law
school debt to pursue public interest
opportunities.
- NYSBA Comments on the ABA's Report of the Commission
on Multijurisdictional Practice
(PDF)
by the Special Committee on Multi-Jurisdictional
Practice
Presented to the House on June 22, 2002. With
some modifications, the report and recommendations were endorsed
by the House. The committee, chaired by Klaus Eppler, opposed
a national lawyer licensing plan, and supported a model "admission
on motion" rules, similar to what already exists in New York. The
report also required that lawyers who open law offices in
states where they are not admitted pay registration fees and
comply with jurisdictional continuing education rules.
Report of the Commission on
Multijurisdictional Practice, August
2002 (PDF)
by the American Bar
Association
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Report on the Public Service Alternative Bar
Examination (PDF)
A joint report prepared by the committees on Legal
Education and Admission to the Bar of the NYSBA and the
Association of the Bar of the City of New York. The report
recommends a public service alternative to the bar examination
which would be a pilot project of up to two years to assess the
effects of substituting public service work for the bar exam. Law
school graduates meeting certain law school requirements would
have the option of performing supervised work in the court system
in lieu of taking the test, although they would still be required
to pass the multi-state professional responsibility examination
and a written performance test designed to assess their ability to
apply the law in the context of a lawyering problem, and would
also be evaluated on various skills demonstrated during the course
of their service. The Executive Committee and the House of
Delegates are scheduled to consider the recommendations at their
November 1-2, 2002 meetings.
IMPORTANT
NOTE: The State
Bar Committee on Legal Education and Admission to the Bar is
responsible for the contents of this Report and the
recommendations contained herein. Unless and until adopted by the
Executive Committee or the House of Delegates of the New York
State Bar Association, no part of this Report should be attributed
to the Association.
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Position Paper on Private Offering Exemptions and
Exclusions Under the New York State Martin Act and Section 18 of
the Securities Act of
1933(HTML)
By the Business
Law Section Securities and Regulations Committee
This
position paper was originally prepared for, and submitted to, the
Office of the New York State Attorney General. The Committee on
Securities Regulation of the Business Law Section of the New York
State Bar Association ("Committee") is composed of members of the
New York Bar, a principal part of whose practice is in securities
regulation. The Committee includes lawyers in private practice and
in corporation law departments. A draft of this position paper was
circulated for comment among members of the Committee, and the
views expressed in this position paper are generally consistent
with those of the majority of the members who reviewed the
position paper in draft form. The views set forth in this position
paper, however, are those of the Committee, and do not necessarily
reflect the views of the organizations with which its members are
associated, the New York State Bar Association, or its Business
Law Section.
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