t h e n e w s l e t t e r o f t h e i n s t i t u t e o f j u d i c i a l a d m i n i s t r at i o n at t h e n y u s c h o o l o f l aw
IN THIS ISSUE
1
An Unusual Year
2
In Memoriam: Chief Justice Shirley Abrahamson
3
IJA Webinars—US Supreme Court Highlights
4
IJA Co-Sponsors COVID-19 Challenges to Workplace Health and Safety and Dispute Resolution
4
23rd Annual Employment Law Workshop for Federal Judges
5
IJA Oral History of Distinguished American Judges Project—Updates
6
Seventh Circuit Curbs Court-Based Discovery in International Arbitration by Professor Samuel Estreicher
7
IJA Chief Justice Maite Oroñoz Rodríguez Delivers IJA’s 26th Annual Brennan Lecture on State Courts and Social Justice
8
IJA Faculty News
9
News of IJA Advisors and Friends
10
Spotlight on IJA 2020 Summer Fellows
10
IJA’s New Appellate Judges Seminar This issue is published by the Institute of Judicial Administration with special thanks to contributions from Ceirra Ransome, NYU CAS ’21
w inter |spring 2021
An Unusual Year Spotlights The Judiciary 2020
started off typically for the
Thus, 2020 proved an unusual and challenging
Institute of Judicial Adminis-
year. Judicial independence was already being
tration (IJA) with our Annual Brennan Lecture on
tested. There were increasing legal challenges
State Courts and Social Justice. At a post-lecture
to executive actions. Then COVID-19. The judi-
dinner, Chief Justice Rodríguez of the Supreme
cial system at every level reacted quickly and
Court of Puerto Rico shared the challenges and
with flexibility to try to ensure access to justice
herculean efforts to maintain access to justice in
unabated. The use of technology in legal proceed-
the wake of Hurricane Maria. She thanked the
ings accelerated. Now, courts will be asked to
support of the NY State Courts, represented that
interpret new pandemic-related laws, as well as
evening by Judges Michael Garcia and Jenny
to apply existing laws to pandemic consequences,
Rivera ‘85 of the NY Court of Appeals. Her talk
from determining the balance of public safety
soon proved an instructive and inspirational tale.
with religious freedoms, to workplace safety.
By mid-March, COVID-19 caused a shutdown
At the same time as this increased demand
of NY. IJA went remote mid-way through our
on the courts, pressures on independence, and
Employment Law Workshop for Federal Judges.
desire to increase diversity initiatives, some court
Like many organizations, IJA postponed events,
systems, like New York’s, may be facing budget
including our New Appellate Judges Seminar,
cuts due to the fiscal strain of the pandemic. As
which had been held annually for 61 years and
such, the work of the Institute of Judicial Admin-
which 61 judges from across the country had been
istration is more vital than ever.
scheduled to attend. We also put off an event on the Proposed Restructuring of NYS Court System with Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence Marks, who themselves were now tasked with their own herculean efforts to keep the administration of justice running. IJA, also like many, pivoted: preparing new interviews for our recently unveiled IJA Oral History of Distinguished American Judges, redeploying our Summer Fellows to work with IJA faculty directors researching issues in administrative, bankruptcy, and international comparative law, and offering the series of webinars outlined below.
Judicial independence was already being tested. There were increasing legal challenges to executive actions. Then COVID-19. The judicial system at every level reacted quickly and with flexibility to try to ensure access to justice unabated.