Chief Judge Stanley H. Fuld: Ahead of His Time

By George Lupe

George Lupe graduated summa cum laude from Albany Law School in May 2021. Prior to attending Albany Law, he graduated summa cum laude from SUNY Albany.

During his time at Albany Law School, George was a member of the Albany Law Review and a Teaching Assistant for Property Law. He also interned with Judge Kahn in the Northern District of New York during the summer of 2019 and with Seward & Kissel, LLP during the summer of 2020.

George is now a Law Clerk at the Seward & Kissel firm.

Many who are familiar with the New York Court of Appeals and its history would agree that Chief Judge Stanley Howells Fuld is one of the all-time greats. He had a brilliant approach to writing opinions, and he was never afraid to take a new and unique stance which would often end up moving the law forward in both New York and even the United States.

An analysis of his opinions in both conflict of laws and in criminal law will reveal his judicial philosophy. Chief Judge Fuld truly cared about what outcome would make the most sense and be most fair to the people. It is no wonder that the United States Supreme Court vindicated some of his dissents in the area of criminal law.

Fuld wrote opinions that would greatly influence both the New York Court of Appeals and the United States Supreme Court. He made an impact that still affects countless people in the American judicial system today.

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To read the paper, open HERE. 

Court of Appeals Judges Without Prior Judicial Experience: Asset or Liability?

By Joseph Zeitler

Joseph Zeitler is a December 2020 graduate of Albany Law School, where he was also a member of the Albany Law Review. Joseph has worked as both a law clerk at a local Albany law firm and as a legal intern at the New York State Attorney General’s Office.

Prior to attending law school, Joseph spent three years on the West coast working in the aerospace industry. In 2014, he graduated from Clarkson University, where he majored in Supply Chain Management with a minor in Literature.

This past summer, Joseph worked at the law firm of Whiteman, Osterman, & Hanna, LLP in Albany, and he is looking forward to joining the firm in 2021.

This presentation was prepared for Prof. Bonventre’s Court of Appeals Intensive seminar.

New York State Court of Appeals judges have come from a wide range of backgrounds. Some had little to no prior experience on the bench when appointed to the court. This lack of judicial experience may pose a concern about the capacity to perform judicial work of high quality.

When analyzing a Court of Appeals Judge and how a lack of judicial experience might have impacted the quality of their judicial work, it must at least be determined how practicing law beyond the bench might have contributed or detracted from that quality.

This paper discusses the careers and experiences of several Court of Appeals Judges.  Analyzing both their legal work prior to sitting on the bench and their work while on the Court can shed light on whether the lack of judicial experience was a liability, or even an asset.

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To read the paper, open HERE.