In his Franchising Law column, Mr. Barkoff, a partner at Kilpatrick Townsend & Stockton LLP, writes that the New York Franchise Act, as it relates to franchise sales, is considerably out of step with the franchise sales laws of the other states that regulate this activity, which makes New York an unattractive state for franchisors to establish their principal places of business.
The 2012 Law Day theme highlights the key role of the courts in seeking to ensure that all Americans have access to justice. To be sure, ours is not a perfect legal system, but it is the system that undergirds our democracy. Without the courts, we simply have no freedom.
The concepts of judicial independence and impartial courts, so strongly advocated and genuinely cherished by those who constructed the framework of our government, are now so deeply ingrained in our own thinking that there is a danger we may take for granted the central function that our third branch of government performs in the preservation of our freedom.
In the admonishing words of Judge Learned Hand, "if we are to keep our democracy, there must be one commandment: thou shalt not ration justice." The state court system must be afforded priority in funding, as it is a vital and necessary investment in the future of our democratic system.
We face a new economic reality in which we must make more efficient use of our limited resources while still adapting to a constantly evolving legal practice. Chief Judge Jonathan Lippman and I are confident that with the continued assistance of our dedicated judges and staff, as well as the support of the entire community, we will find innovative methods to carry out justice for the people of our state.
Jerry H. Goldfeder, special counsel at Stroock & Stroock & Lavan, writes that independent actors, long used to spending on campaigns without having to worry about strict regulation or enforcement, face a new reality in New York.
More than anything else, what makes this country great is our commitment to the rule of law and our protection of the liberties enshrined in our state and federal constitutions. It is that promise of liberty and freedom - that singular dedication to the rule of law that applies equally to each and every person in this country regardless of their standing in life - that sets us apart and extends our capacity to grow and excel. To live up to that promise, we must have an independent and impartial judiciary, adequately funded and co-equal to the other branches of government.
In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes that counsel should be aware that production of metadata is the "new normal," and if a party's "document" production fails to include appropriate metadata, a costly reproduction may well likely be required.
In their White-Collar Crime, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that nearly 50 years after its enactment, important issues remain regarding the strict application of Title III and whether the government is held to the standards set forth therein when seeking a wiretap order to invade an individual's privacy rights.
In addition to reaching momentous decisions that have a profound impact on our national identity, courts at every level allow our society to function properly and peacefully. And although most cases will never make the pages of a law school textbook or even the local newspaper, they could not be more significant to the individuals and families whose lives hang in the balance.
The 2012-2013 budget process in New York provides reason for cautious optimism as we move forward. The court system did its part to demonstrate that scarce resources are being managed wisely and the other branches of government signaled their commitment to provide sufficient resources to ensure the proper functioning of the courts. These are encouraging signs that No Courts, No Justice, No Freedom is a message beginning to resonate throughout the state.