Threats to the Rule of Law & Law Enforcement

The New York City Bar Association has announced a five-part Forum on the Rule of Law, to take place this fall beginning on September 15. (Full schedule and speaker list below.)

The “Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption” will feature panels of respected experts from across the political spectrum – including former government officials, judges and scholars – who will identify current challenges and threats to the rule of law in America, discuss why they matter and propose remedies. Participants will include Nicole Austin-Hillery, Donald Ayer, Mitchell Bernard, Preet Bharara, Robert Cusumano, Hon. Mary McGowan Davis, John Feerick, Charles Fried, Daniel Goldman, Harold Hongju Koh, Errol Louis, Margaret Colgate Love, David McCraw, Barbara McQuade, Dennis Parker, Myrna Perez, Hon. Jed Rakoff; Anthony Romero, Cass Sunstein, Hon. Mimi Tsankov, Joyce Vance, and Cecilia Wang. City Bar President Sheila S. Boston will introduce the series, and Professor Timothy Snyder of Yale University, author of On Tyranny and The Road to Unfreedom, will kick off the opening session with a survey of the “Threats to the Rule of Law in America.”

All sessions will be carried live on Zoom and will be open to the public free of charge ($15 for non-member lawyers):

Session 1: Threats to the Rule of Law in America: A Survey(Sept 15, 1:00 p.m. – 4:00 p.m.)

Session 2:  Checks, Balances and Oversight — the Distribution of Governmental Power and Information 
(Sept 22, 1:00 p.m. – 4:00 p.m.)

Session 3: Interference with Judicial Independence and Local Law Enforcement 
(October 8, 11:00 a.m. – 2:00 p.m.)

Session 4: Threats to Individual and Societal Rights 
(Oct 21, 1:00 p.m. – 4:00 p.m.)

Session 5: Rebuilding the Rule of Law in America: What Can and Should the Legal Profession, Individual Lawyers and Citizens Do? 
(Nov 18, 1:00 p.m. – 4:00 p.m.)

“The rule of law is the foundation of our democracy,” said City Bar President Sheila S. Boston. “It’s at the core of our Constitution that sets forth the powers of our government and the rights of our people, and the supremacy of the law in our nation ensures that no one can claim to be above it. The rule of law is what provides for transparency and equity in our society, enables us to confront challenges, foreign or domestic, and protects our security and welfare so that the right to life, liberty and the pursuit of happiness exists for us all.”

The forum is produced by the City Bar’s Task Force on the Rule of Law, which, along with other relevant City Bar Committees, has issued a series of reports and statements relating to inappropriate actions by the Attorney General in a broad range of areas, Presidential dismissal of Inspectors General and interference in criminal and military trials, inappropriate action by the Secretary of State to undermine the International Criminal Court, the need for legislative reform of Presidential emergency powers, a proposal to replace Guantanamo’s military commissions with an Article III court and the improper use of federal security forces to clear peaceful demonstrators in Washington, D.C. and displace local law enforcement in Portland.

“While we hope these individual reports have been useful to our members and the public, they illustrate a broader theme – threats to the Rule of Law itself – that we believe has not received sufficient in-depth attention in either the public or the legal profession,” said Stephen L. Kass, Chair of the Task Force. “Our goal is to create an ongoing and thought-provoking discussion among the legal profession, the academic community and the public about what can and should be done to assure that America remains a nation governed by law even in a time of crisis – or especially in a time of crisis – and to identify the actions necessary for our justice system to promote the impartial, equitable and effective enforcement of those laws.”

In addition to the work of the Task Force on the Rule of Law, the City Bar has been speaking out on rule-of-law issues for decades through its committees on Federal Courts, Government Ethics, Immigration and Nationality Law, and its Task Force on National Security and Rule of Law (the predecessor of the Task Force on the Rule of Law).

Full Schedule:

Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption
Session 1: Threats to the Rule of Law in America: A Survey
Tuesday, September 15 | 1:00 p.m. – 4:00 p.m.

This session will broadly survey recent developments that implicate, and may signal rejection of, traditional Constitutional roles and customary norms of behavior within the national government and each of its branches. Session 1 will also take an inventory of recent challenges to laws and norms involving the impartial administration of justice by law enforcement, prosecutors, the courts and the Executive, as well as threats to individual and societal rights generally and to marginalized communities in particular. Individual speakers will focus on constitutional checks and balances, politicization of the administration of justice, dramatic changes in how governmental agencies ascertain facts and make decisions, and trends in derogation of individual and societal rights, including voting rights and the promise of impartial justice for all.

Introduction: Sheila S. Boston, President, New York City Bar Association

Keynote Speaker: Timothy Snyder, Professor of History, Yale University; author, Tyranny and The Road to Unfreedom

Dennis Parker, Director, National Center for Law and Economic Justice

Cass Sunstein, Professor of Law, Harvard Law School

Joyce Vance, Professor of Law, University of Alabama School of Law; former U.S. Attorney for the Northern District of Alabama

Session 2: Checks, Balances and Oversight – the Distribution of Governmental Power and Information
Tuesday, September 22 | 1:00 p.m. – 4:00 p.m.

This session will focus in depth on the rule of law challenges arising out of disruption of traditional “checks and balances” among the branches of the government, the ideas of “independence” and “oversight” among the agencies of government, and the ability of the Congress or Inspectors General and “whistleblowers” to perform their functions in the face of Executive secrecy, limits on Congressional subpoena power, governmental job insecurity and public statements critical of the bureaucratic levers of government.  

Keynote Speaker: Donald Ayer, Partner at Jones Day; former U.S. Deputy Attorney General under President George H.W. Bush; former Principal Deputy Solicitor General under Solicitor General Charles Fried.

Moderator: Errol Louis, CNN Political Analyst; Host of NY1’s “Inside City Hall”

Mitchell Bernard, Executive Director, National Resources Defense Council

Preet Bharara, former U .S. Attorney for the Southern District of New York

Daniel Goldman, Counsel to the House Intelligence Committee

Barbara McQuade, Professor of Law, University of Michigan Law School; former U.S. Attorney for the Eastern District of Michigan

Session 3: Interference with Judicial Independence and Local Law Enforcement
Thursday, October 8 | 11:00 a.m. -2:00 p.m.)

This session will explore the effects of Executive disruption of several distinct justice systems – civil and criminal courts, the immigration court system and local law enforcement. Speakers will explore the implications of Executive interference with investigations and trials, castigation of individual  judges and jurors, the deployment of military and/or federal forces in connection with local law enforcement and the issuance of pardons without traditional due diligence for civilian and military crimes.

Keynote Speaker: Charles Fried, Professor of Law at Harvard Law School; former U.S. Solicitor General under President Ronald Reagan

Margaret Colgate Love, Executive Director, Collateral Consequences Resource Center; former U.S. Pardon Attorney

Harold Hongju Koh, Sterling Professor of International Law and former Dean, Yale Law School; former Legal Adviser of the U.S. Department of State

Hon. Jed Rakoff, Senior U.S. District Court Judge, Southern District of New York

Session 4: Threats to Individual and Societal Rights
Wednesday, October 21 | 1:00 p.m. – 4:00 p.m. 

This session will survey recent trends that question the role of law and courts in the pursuit of a just and democratic society. Is adherence to the rule of law deteriorating and, if so, is that because of limitations on the ability (or inclination) of citizens and courts to prevent violations of individual rights or, more broadly, the rules governing a functioning democracy? Speakers will discuss the most salient of the deteriorations of voting rights, asylum rights and incarceration policies, the militarization of policing and the disparate treatment of minorities by police and prosecutors, and the use of libel litigation to inflict costs on individuals and media outlets who challenge or criticize officeholders.

Keynote Speaker: Anthony Romero, Executive Director, American Civil Liberties Union

Nicole Austin-Hillary, Executive Director, Human Rights Watch U.S. Program

David McCraw, Senior Vice-President and Deputy General Counsel, New York Times

Myrna Perez, Director, Voting Rights and Elections Program, Brennan Center for Justice

Hon. Mimi Tsankov, Vice President, Eastern Region, National Association of Immigration Judges

Cecilia Wang, Deputy Legal Director and Director of the Center for Democracy, American Civil Liberties Union

Session 5: Rebuilding the Rule of Law in America: What Can and Should the Legal Profession, Individual Lawyers and Citizens Do?
Wednesday, November 18 | 1:00 p.m. – 4:00 p.m.

This session will explore the role of individual lawyers, professional organizations and citizens in protecting the rule of law as a guiding principle in American public life and in restoring the norms and standards by which we may remain a society governed by transparent rules equitably applied. Speakers will discuss the history of efforts by the organized bar to support and sustain impartial justice, the scope of pro bono work by the private bar and the private sector, the ethical standards guiding government officials and the education of the public about the necessity of acting to protect  a fair and equitable rule of law. Speakers will draw on their own experience to offer lessons for members of the bar on building on one’s own background and training to promote the rule of law domestically and abroad.

Keynote Speaker: John Feerick, Fordham Law Dean Emeritus and Norris Professor of Law, Fordham Law School

Robert Cusumano, founder and CEO, Legal Horizons Foundation; former Corporate General Counsel

Harold Hongju Koh, Sterling Professor of International Law and former Dean, Yale Law School; former Legal Adviser of the U.S. Department of State

Hon. Mary McGowan Davis, Former New York Supreme Court Justice; Member, UN Committees of Independent Experts in International Humanitarian and Human Rights Law

About the Association
The mission of the New York City Bar Association, which was founded in 1870 and has 25,000 members, is to equip and mobilize a diverse legal profession to practice with excellence, promote reform of the law, and uphold the rule of law and access to justice in support of a fair society and the public interest in our community, our nation, and throughout the world. www.nycbar.org