Judith S. Kaye in Her Own Words

Judith S. Kaye

Description

In 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York's highest court. Ten years later, she became the first woman to be appointed chief judge of the xourt, and by the time she retired, in 2008, she was the longest-serving chief judge in the court's history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye's own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her.

The first section of the book, Kaye's memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees.

The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally.

The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law.

"An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice." — from the Foreword by Honorable Janet DiFiore
Foreword
Chief Judge Janet DiFiore

Editorial Preface
Honorable Albert M. Rosenblatt

Biographical Introduction
Susan N. Herman

Milestones

REFLECTIONS ON A LIFE IN THE JUDICIARY, THE LAW, AND THE WORLD

A Note on the Text
Luisa M. Kaye

Preface

Part I. The Court Years (1983–2009)

1. The New York Court of Appeals

2. My Arrival on the Court of Appeals

3. Getting to Work

4. The Courts’ Dockets and Enduring Personal Lessons

5. My Transition to Chief Judge

6. The Best . . .

7. The Worst . . .

8.  . . . And Everything in Between

Part II. Return to the Real World

9. The Afterlife

Part III. Who I Am, from Day One

10. From Day One through Law School

11. My Years as a Lawyer

12. One Continuous Role: As a Woman

Postscript
Citations to Cases and Other Materials
Photo galleries follow pages 76 and 90

OPINIONS

Introduction
Honorable Albert M. Rosenblatt

People v. Class, 63 NY2d 491 (1984), rev’d 475 US 106 (1986)

Tebbutt v. Virostek, 65 NY2d 931, 940 (1985)

O’Neill v. Oakgrove Constr., 71 NY2d 521 (1988)

Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 NY2d 530 (1990)

W.W.W. Assoc. v. Giancontieri, 77 NY2d 157 (1990)

Alison D. v. Virginia M., 77 NY2d 651 (1991)

Immuno AG v. Moor-Jankowski, 77 NY2d 235 (1991)

Hope v. Perales, 83 NY2d 563 (1994)

People v. Wesley, 83 NY2d 417 (1994)

Schulz v. State of New York, 84 NY2d 231 (1994)

Matter of Jacob, 86 NY2d 651 (1995)

Johnson v. Pataki, 91 NY2d 214 (1997)

Rust v. Reyer, 91 NY2d 355 (1998)

Karlin v. IVF Am., 93 NY2d 282 (1999)

Kihl v. Pfeffer, 94 NY2d 118 (1999)

532 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr., 96 NY2d 280 (2001)

Levin v. Yeshiva Univ., 96 NY2d 484 (2001)

Matter of Brandon (Nationwide Mut. Ins. Co.), 97 NY2d 491 (2002)

Campaign for Fiscal Equity, Inc. v. State of New York, 100 NY2d 893 (2003)

First Financial Ins. Co. v. Jetco Contr. Corp., 1 NY3d 64 (2003)

Brill v. City of New York, 2 NY3d 648 (2004)

Nicholson v. Scoppetta, 3 NY3d 357 (2004)

People v. Gonzalez, 1 NY3d 464 (2004)

Maybee v. State of New York, 4 NY3d 415 (2005)

People v. Caban, 5 NY3d 143 (2005)

People v. Catu, 4 NY3d 242 (2005)

People v. Combest, 4 NY3d 341 (2005)

Deutsche Bank Sec., Inc. v. Montana Bd. of Invs., 7 NY3d 65 (2006)

Hernandez v. Robles, 7 NY3d 338 (2006)

People v. Hill, 9 NY3d 189 (2007)

Ross v. Louise Wise Servs., Inc., 8 NY3d 478 (2007)

Matter of Piel, 10 NY3d 163 (2008)

ARTICLES AND SPEECHES

Introduction
Henry M. Greenberg

A Lecture about Judge Benjamin Nathan Cardozo

Dual Constitutionalism in Practice and Principle

The Human Dimension in Appellate Judging: A Brief Reflection on a Timeless Concern

One Judge’s View of Academic Law Review Writing

Women in Law: The Law Can Change People

State Constitutional Common Law: The Common Law as a Full Partner in the Protection of Individual Rights

Law Is Pivotal in Advancing Women’s Rights

The Changing World of Children: The Responsibility of the Law and the Courts

State Courts at the Dawn of a New Century: Common-Law Courts Reading Statutes and Constitutions

In Memoriam: William J. Brennan, Jr.

Delivering Justice Today: A Problem-Solving Approach

The Best Oral Argument I (N)ever Made

My

Sujets

• Gender

Informations

• Publié par: State University of New York Press
• Date de parution: 01 juin 2019
• Nombre de lectures: 1
• EAN13: 9781438474816
• Langue: English

Extrait

JUDITH S. KAYE
IN HER OWN WORDS
JUDITH S. KAYE
IN HER OWN WORDS
REFLECTIONS ON LIFE AND THE LAW, WITH SELECTED JUDICIAL OPINIONS AND ARTICLES
Judith S. Kaye
EDITED BY
Henry M. Greenberg, Luisa M. Kaye, Marilyn Marcus, and Albert M. Rosenblatt
On the cover: Chief Judge Judith S. Kaye sits at the bench of the New York State Court of Appeals in this photo by Annie Leibovitz for the cover of a 1998 issue of Vanity Fair magazine. Courtesy of Annie Leibovitz. Cover design by Elise Brauckmann.
Published by State University of New York Press, Albany
© 2019 Historical Society of the New York Courts
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.
Excelsior Editions is an imprint of State University of New York Press
For information, contact State University of New York Press, Albany, NY
www.sunypress.edu
Library of Congress Cataloging-in-Publication Data
Names: Kaye, Judith S., 1938–2016, author. | Greenberg, Henry M., 1961– editor. | Kaye, Luisa M., 1965– editor. | Marcus, Marilyn, editor. | Rosenblatt, Albert M., editor.
Title: Judith S. Kaye in her own words : reflections on life and the law, with selected judicial opinions and articles / edited by Henry M. Greenberg, Luisa M. Kaye, Marilyn Marcus, and Albert M. Rosenblatt.
Description: Albany : State University of New York Press, 2019. | Series: Excelsior editions | Includes bibliographical references and index.
Identifiers: LCCN 2018033290 | ISBN 9781438474793 (hardcover : alk. paper) | ISBN 9781438474816 (ebook) | ISBN 9781438474809 (pbk. : alk. paper)
Subjects: LCSH: Kaye, Judith S., 1938–2016. | Judges—New York (State)—Biography. | New York (State). Court of Appeals—History. | LCGFT: Autobiographies. | Court decisions and opinions.
Classification: LCC KF373.K394 A3 2019 | DDC 347.747/035092 [B]—dc23
LC record available at https://lccn.loc.gov/2018033290
10 9 8 7 6 5 4 3 2 1
T he Historical Society of the New York Courts is grateful for the substantial financial support received for this publication from the William Nelson Cromwell Foundation, of which Judge Kaye was a trustee for many years.
We are also grateful for the approval to publish and financial support of Judith Kaye’s three children: Luisa, Jonathan, and Gordon Kaye.
We wish to acknowledge Annie Leibovitz for graciously donating the use of her photo of Judge Kaye for the cover of this book.
CONTENTS
Foreword
by Chief Judge Janet DiFiore
Editorial Preface
by Honorable Albert M. Rosenblatt
Biographical Introduction
by Susan N. Herman
Milestones
REFLECTIONS ON A LIFE IN THE JUDICIARY, THE LAW, AND THE WORLD
A Note on the Text
by Luisa M. Kaye
Preface
Part I. The Court Years (1983–2009)
Chapter 1 The New York Court of Appeals
Chapter 2 My Arrival on the Court of Appeals
Chapter 3 Getting to Work
Chapter 4 The Courts’ Dockets and Enduring Personal Lessons
Chapter 5 My Transition to Chief Judge
Chapter 6 The Best …
Chapter 7 The Worst …
Chapter 8 … And Everything in Between
Part II. Return to the Real World
Chapter 9 The Afterlife
Part III. Who I Am, from Day One
Chapter 10 From Day One through Law School
Chapter 11 My Years as a Lawyer
Chapter 12 One Continuous Role: As a Woman
Postscript
Citations to Cases and Other Materials
Photo galleries follow pages 76 and 90
OPINIONS
Introduction
by Honorable Albert M. Rosenblatt
People v. Class, 63 NY2d 491 (1984), rev’d 475 US 106 (1986)
Tebbutt v. Virostek, 65 NY2d 931, 940 (1985)
O’Neill v. Oakgrove Constr., 71 NY2d 521 (1988)
Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 NY2d 530 (1990)
W.W.W. Assoc. v. Giancontieri, 77 NY2d 157 (1990)
Alison D. v. Virginia M., 77 NY2d 651 (1991)
Immuno AG v. Moor-Jankowski, 77 NY2d 235 (1991)
Hope v. Perales, 83 NY2d 563 (1994)
People v. Wesley, 83 NY2d 417 (1994)
Schulz v. State of New York, 84 NY2d 231 (1994)
Matter of Jacob, 86 NY2d 651 (1995)
Johnson v. Pataki, 91 NY2d 214 (1997)
Rust v. Reyer, 91 NY2d 355 (1998)
Karlin v. IVF Am., 93 NY2d 282 (1999)
Kihl v. Pfeffer, 94 NY2d 118 (1999)
532 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr., 96 NY2d 280 (2001)
Levin v. Yeshiva Univ., 96 NY2d 484 (2001)
Matter of Brandon (Nationwide Mut. Ins. Co.), 97 NY2d 491 (2002)
Campaign for Fiscal Equity, Inc. v. State of New York, 100 NY2d 893 (2003)
First Financial Ins. Co. v. Jetco Contr. Corp., 1 NY3d 64 (2003)
Brill v. City of New York, 2 NY3d 648 (2004)
Nicholson v. Scoppetta, 3 NY3d 357 (2004)
People v. Gonzalez, 1 NY3d 464 (2004)
Maybee v. State of New York, 4 NY3d 415 (2005)
People v. Caban, 5 NY3d 143 (2005)
People v. Catu, 4 NY3d 242 (2005)
People v. Combest, 4 NY3d 341 (2005)
Deutsche Bank Sec., Inc. v. Montana Bd. of Invs., 7 NY3d 65 (2006)
Hernandez v. Robles, 7 NY3d 338 (2006)
People v. Hill, 9 NY3d 189 (2007)
Ross v. Louise Wise Servs., Inc., 8 NY3d 478 (2007)
Matter of Piel, 10 NY3d 163 (2008)
ARTICLES AND SPEECHES
Introduction
by Henry M. Greenberg
A Lecture about Judge Benjamin Nathan Cardozo
Dual Constitutionalism in Practice and Principle
The Human Dimension in Appellate Judging: A Brief Reflection on a Timeless Concern
One Judge’s View of Academic Law Review Writing
Women in Law: The Law Can Change People
State Constitutional Common Law: The Common Law as a Full Partner in the Protection of Individual Rights
Law Is Pivotal in Advancing Women’s Rights
The Changing World of Children: The Responsibility of the Law and the Courts
State Courts at the Dawn of a New Century: Common-Law Courts Reading Statutes and Constitutions
In Memoriam: William J. Brennan, Jr.
Delivering Justice Today: A Problem-Solving Approach
The Best Oral Argument I (N)ever Made
My Life as Chief Judge: The Chapter on Juries
Acknowledgments
Appendix: Law Clerks of Judith S. Kaye
About the Editors
Index of Cases
General Index
FOREWORD
C HIEF J UDGE J ANET D I F IORE
I am deeply honored that Luisa Kaye has invited me to pen a foreword to the collected memoirs, opinions, and articles of Chief Judge Judith S. Kaye, an extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond.
Judith Kaye’s scholarly, eloquent, and progressive opinions—spanning a quarter century of service on the New York State Court of Appeals, one of the most influential appellate courts in the nation—will surely stand the test of time. She has influenced the course of our constitutional and common law for generations to come in momentous decisions addressing a child’s right to a basic education, the death penalty, marriage and adoption rights, the scope of the rights and protections afforded by our State constitution, and on and on. Her opinions are models of judicial craftsmanship, reflecting a keen intellect; a strong command of the law; a clear, elegant writing style; and a wise understanding of human affairs.
Judith’s articles reveal a prolific and sophisticated scholar with insightful and interesting perspectives on a broad range of topics. Her bold insights on judicial leadership and court reform are especially valuable, coming from a chief judge who led one of the largest and busiest court systems in the world through a period of intense social and technological change. Her vision for how the New York courts could respond more effectively to the societal problems swelling the dockets led to a “problem-solving justice revolution” that helped transform the delivery of justice at the national level.
Judith’s memoirs and personal writings are a joy to read, illuminating a unique and fascinating woman: wise, cultivated, and elegant, of course, but also witty, fun-loving, and even a little mischievous. As she reflects on the different phases of her life, from her humble upbringing to her cherished court years, we are the beneficiaries of her sparkling intellect and a love of learning, language, and literature that shines through. In these writings, we are presented with a passionate, humane, and gracious woman who surmounted great challenges, won many victories, and suffered her share of disappointments. She loved her life, her profession, her court, and above all, her family.
This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice.
EDITORIAL PREFACE
H ONORABLE A LBERT M. R OSENBLATT
Like a symphony, Judith S. Kaye’s writings consist of themes, harmonies, and resolutions, encased in creative expression, imbued with beauty and passion.
As with symphonic compositions, her writings can be divided into parts, and we h