New York City Bar Association Podcast

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Pakistan’s 26th Constitutional Amendment and Political Influence on Pakistan’s Judiciary
Salahuddin Ahmed, a constitutional lawyer and expert from Pakistan, visited the City Bar Middle East and North African Affairs Committee to discuss the 26th Amendment to the Constitution of Pakistan and its impact on the independence of the Supreme Court and the Rule of Law. For a brief background on how the 26th Amendment attempts to subjugate the judiciary to the present regime in Pakistan, read the statement of the International Commission of Jurists. https://www.icj.org/pakistan-26th-constitutional-amendment-is-a-blow-to-the-independence-of-the-judiciary/ At least two Senators said in television interviews that they were compelled to vote for the Amendment after being kidnapped and having their family members kidnapped. The inducements and coercion adopted during the process were widely reported in Pakistani media and even raised in Parliament. For example, see: https://www.nation.com.pk/18-Oct-2024/senators-seek-end-to-coercion-to-get-vote-on-judicial-reforms The preliminary problem with this legal challenge will be - who hears this petition? Will it be the Supreme Court as it existed prior to the Amendment or can it now only be the Constitutional Bench of the Supreme Court specially selected for this purpose by the post-Amendment Judicial Commission (which, post-Amendment, has a majority of political appointees and a minority of judges)? The subsequent challenge is whether courts should ever be involved in determining the validity of constitutional amendments (even if clearly aimed at undermining democracy or the rule of law) or whether it must always be left to the political process? In the past, the judiciary in Pakistan, India and Bangladesh have declared they have the power to strike down constitutional amendments if Parliament attempts to subvert the democratic essence of the Constitution by eliminating fundamental rights or the independence of judiciary. If you enjoyed this podcast, watch Hon. Athar Minallah, Justice of the Supreme Court of Pakistan, address the City Bar alongside City Bar President Muhammad U. Faridi, Kabir Hashmi of Patterson Belknap Webb & Tyler LLP, and special guest Hon. Rowan Wilson, Chief Judge of the State of New York. Justice Minallah spoke about the role of the judiciary in ensuring accountability and promotion of the rule of law, and the dangers of judicial overreach and activism. Video of the event is available here: https://www.nycbar.org/videos/the-independence-of-the-judiciary-and-rule-of-law-in-pakistan/?back=1&ref=media
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Economic and Environmental Impacts of State and City Funded Remediation Programs on Environmental Justice Communities in NYC
The City Bar's Environmental Law Committee hosted a discussion on NYSDEC's Brownfield Cleanup Program (BCP) and New York City's Voluntary Cleanup Program (VCP) which encourage private-sector cleanups of contaminated sites and promotes the redevelopment of the sites through economic incentives. We discussed the potential impact these programs may have on environmental justice communities in New York City and also look at various case studies across New York City and their differing perspectives on the topic. Moderator: Heather Leibowitz, Senior Attorney, NYSDEC Region 2 Speakers: George Duke, Vice President, NYC Brownfields Partnership Rebecca Bratspies, Professor of Environmental and Public International Law, CUNY School of Law; Director of the Center of Urban Environmental Reform, CUNY Melissa Checker, Professor of Urban Studies, Queens College; Professor of Earth and Environmental Sciences, CUNY Graduate Center Barry Hersh, Professor, NYPU SPS Schack Institute of Real Estate
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1:12:14
Should Lawyers and Judges Be Required to Disclose Their Use of AI?
To many of us, the answer seems obvious as the AI wave continues to crest. The City Bar Presidential Task Force on Artificial Intelligence and Digital Technologies hosts Hon. Xavier Rodriguez, U.S. District Judge for the Western District of Texas, and Maura Grossman, a lawyer and scholar specializing in technology assisted review, to join Task Force member David Zaslowsky in giving that question a closer look. With lawyers filing in court, perhaps we're leaping to conclusions that don't match our experience. After all, lawyers once worried that tech like email would be the end of confidentiality. Then again, when it comes to judges, the risks may be just as high as we think. Research and fact-finding may be one thing, but what about when a judge asks an AI tool to render a legal decision? Judge Rodriguez and Professor Grossman consider many cases and court rules from the past year as we pull apart the surprising nuances of the question: should lawyers and judges be required to disclose their use of AI? If you’re interested in learning more about how artificial intelligence will affect the legal world, check out the City Bar’s Artificial Intelligence Institute, available on-demand (https://services.nycbar.org/EventDetail?EventKey=OND061024). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events.  04:06 The Infamous Mata vs. Avianca Case 04:47 Debating AI Disclosure Requirements 06:12 Challenges with Broad AI Regulations 09:13 Judicial Reactions to AI in Legal Practice 11:12 Proposed AI Certification in the Fifth Circuit 19:10 Legislative Overreach in AI Regulation 26:00 Judges Using AI: Ethical and Practical Considerations 34:05 AI in Judicial Decision-Making: Disclosure Dilemma 34:22 A Personal Experience with AI Dispute Resolution 35:52 The Role of AI in Low-Value Claims 36:49 Psychological Anchoring and AI in Courts 37:41 Judicial Canons and AI Usage 39:06 Global Examples of AI in Judicial Decisions 40:17 The Debate on AI's Role in Legal Interpretation 44:40 Judge Newsom's AI Journey 48:56 Concerns and Considerations with AI in Courts 57:30 Encouraging AI Experimentation in the Judiciary 59:40 Conclusion and Future Discussions
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The Legacy of the Handschu Consent Decree: NYPD Investigations of Political Activity
Muhammad Faridi, City Bar President, interviews Jethro Eisenstein, a key figure in the creation of the NYC’s Handschu Committee in response to NYPD "Red Squad" activities in the 1970s and 80s. Jethro shares the history of the Handschu litigation, a landmark case initiated in 1971 that imposed significant oversight on the NYPD’s investigation of political groups. Jethro recounts the origins of the case, the challenges that the Committee has faced through the years, and the evolution of legal oversight mechanisms over decades, including a post-9/11 revival. He reflects on his career and the impact of the Handschu guidelines on civil rights and police accountability. 01:37 Meet Jethro Eisenstein: A Legal Luminary 02:25 The Handschu Litigation: Origins and Impact 02:50 Jethro's Journey to Law and Early Career 08:14 The Red Squad and Political Surveillance 09:56 The Panther 21 Trial and Its Aftermath 12:29 Drafting the Handschu Complaint 25:57 Litigation Challenges and Class Action Certification 29:03 Settlement and the Handschu Authority 40:50 Post-9/11 Changes and Legal Battles 47:12 Revelations and the Role of the Civilian 53:20 Jethro's Legacy and Final Thoughts
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52:24
Law & Order & Cryptocurrency Scams
In this podcast hosted by the City Bar Presidential Task Force on Artificial Intelligence and Digital Technologies, Alona Katz, Chief of the Virtual Currency Unit at the Brooklyn District Attorney's Office, alongside a panel of experts, discusses the growing issue of cryptocurrency investment scams, specifically 'pig butchering,' which one guest describes as “ a confidence scam and a romance scam and an investment scam all wrapped into one.” The panel includes Inspector Osvaldo Nunez from the New York City Police Department; Kristen Spaeth, Manager on the Global Intelligence Team at Coinbase; Jonathan Scharf, Deputy Chief of Major Economic Crimes at the Queens County District Attorney's Office; and Adrian Cheek, a disruption expert. They share insights on current trends, investigation techniques, and strategies for effective disruption and seizure of assets. The group emphasizes education as a key tool for inoculating the public to these scams, the importance of public-private sector collaboration, and proactive measures to prevent scams and protect victims. If you’re interested in learning more about cryptocurrency and law enforcement trends, join us for the City Bar’s Crypto Institute on March 11 (https://services.nycbar.org/EventDetail?EventKey=INS031125). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events. 00:00 Introduction and Host's Welcome 00:38 Meet the Experts: Introductions 05:37 Understanding Pig Butchering Scams 12:45 Law Enforcement's Perspective 22:52 Local vs. Federal Response 29:22 Private Sector Insights: Coinbase's Role 31:53 Transaction and Blockchain Analysis 32:54 Law Enforcement Collaboration 33:42 Coinbase's Protective Measures 34:35 Scam Detection Techniques 36:35 Tech Against Scams Coalition 37:28 Disruption Strategies in Investigations 40:12 Domain and Wallet Analysis 43:34 Advice for Law Enforcement 54:04 Future of Cryptocurrency Crime Units 55:45 Final Thoughts and Collaboration
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1:01:48