- Hello, and welcome to all of you.
Thank you for joining us
for New York University
School of Law's tribute
to Judge Robert Katzmann.
Each year, the NYU Annual
Survey of American Law
dedicates its forthcoming issue
to someone who has made a
significant contribution
in the legal field.
And we've had the privilege of honoring
distinguished Justices
of the Supreme Court,
including Justice Sotomayor
who's with us today,
as well as numerous leading
judges of the Courts of Appeals,
and many prominent academics.
And I'm simply delighted that our students
on the annual survey
have chosen to dedicate
its 75th volume to Judge Robert Katzmann,
Chief Judge of the US Court of Appeals
for the Second Circuit.
(applause)
Judge Katzmann is a
tremendous friend to NYU
and a member of our adjunct faculty,
among the many hats he wears.
He'll be introduced in a moment
but let me just say myself
about how thrilled we are to be able
to honor and celebrate you today.
I now wanna turn the
program over to this year's
editor-in-chief of the annual survey,
Leonid Grinberg, class
of 2018 NYU Law School.
Born in Moscow, he emigrated
with his family in 1994
and grew up in Boston.
Leonid attended MIT as an undergraduate
where he earned a degree
in Computer Science,
and before coming here to NYU Law,
he worked as a software
engineer at the New York Times.
He's the recipient of
the Aspire Scholarship,
an interdisciplinary
public service program
that focuses on legal
and technical challenges
in national security,
including cyber security.
After graduating from NYU Law,
he will clerk for Judge Frederic Block
of the US District Court
for the Eastern District of New York.
The annual survey has had
another spectacular year
and that is due in no small
part to Leonid's leadership,
and please join me in welcoming him.
(applause)
- Thank you, Dean Morrison.
Well on behalf of the NYU
Annual survey of American Law,
welcome everyone to our 75th dedication.
The dedication is the annual
survey's flagship event.
It dates back to the
Journals founding in 1942.
Each year we look for an individual
who throughout his or her career,
has made a significant
impact on American law.
We try to pick someone not only
brilliant and accomplished,
but also passionate.
Passionate for the law and it's progress,
for advancing legal scholarship
and for promoting justice.
We also look for dedicatees
who are multifaceted,
whose lives included many
endeavors and focuses,
who have left their marks in
the world in a variety of ways.
And finally, we look for someone
who makes a good role model,
who can teach us not
only to be good lawyers,
but also good citizens
and effective leaders.
As you can see in your programs
and as Dean Morrison said,
we have honored many
luminaries over the years,
and Chief Judge Katzmann stands
rightfully in their company.
We also have an incredible
panel of speakers
assembled here today,
and they can expand on Judge
Katzmann's accomplishments
far better than I.
But we all know that you can
learn a lot about a person
in the more mundane moments.
So I wanna share my personal experience
interacting with the judge
over the past few months.
First of all, being Chief
Judge of the Second Circuit
must not take up too much time,
(laughing)
because Judge Katzmann responds to emails
faster than anyone I have ever met.
And I know it's he and
not as clerks writing
because all the emails
are signed, simply, Bob.
Throughout this process, Judge Katzmann
made time for all my
questions no matter how small.
One morning I even woke up
to a voicemail from the Judge
clarifying an earlier point he had made
in the previous conversation,
and my first thought was,
"Wow, I have a voicemail
from Chief Judge Katzmann!"
(laughing)
And my second thought was,
"Wow, it is a good thing I
actually checked my voicemail!"
(laughing)
Now, as it turns out,
Judge Katzmann has himself
spoken as a dedicator
at this event three times in the past.
On two of those occasions in fact,
we were celebrating individuals
who will be speaking in his honor today.
And if you read his
remarks from those events,
you will get a sense of
the man I am proud to say
I've gotten to know just a
little over the past few months.
A man who is quick to praise and cast
a glowing light onto others,
who is eloquent and witty,
but never ostentatious,
and who more than anything
cares deeply about other people.
Even with regards to this event today,
he has fretted to make sure
that no one feels left out,
including the students on the Journal,
has repeatedly apologized
for taking up my time,
and has expressed sincere surprise
that so many people are excited
to celebrate his accomplishments.
Despite his remarkable
career Chief Judge Katzmann
remains one of the most
humble people I've ever met
and I cannot be more honored
that he's this year's
Annual Survey Dedicatee.
(applause)
And so with that, I'll turn
it back over to Dean Morrison
to introduce our first speaker,
Justice Sonia Sotomayor.
(applause)
- So it's now my job to give introductions
to a number of people,
including some who truly don't need one,
but who will get one anyway,
like Justice Sotomayor.
As we all know, Justice Sotomayor
joined the Supreme Court,
was nominated by President Obama
and confirmed by the Senate in 2009.
After an already tremendous career,
that included public
service as a prosecutor
and ADA in New York County,
in private practice,
and then on the Southern
District and the Second Circuit.
She is I believe the
only member of the court
at this point with
experience as a trial judge,
deeply important experience she brings
to her job on the court.
Tremendous wit and wisdom,
insight and inspiration,
and we are tremendously grateful
she can be with us here this evening
to help honor Judge Katzmann.
Justice Sotmayor.
(applause)
- Bob, I am so happy to be here.
Bob and I call each
other brother and sister.
I'm sure Gary, Martin,
and Susan didn't know
they had a fifth sister but they do.
This should not be surprising
to anyone who knows us both,
as the difference in
our biological parents
is unimportant to the
similarities we share.
We both are children of this amazing city.
And we both stem from
extraordinary parents.
The world knows about my special mom.
Fewer people know about how
special Bob's parents are.
Bob's father John, who's
sitting in the first row,
is a refugee from Nazi Germany.
And his mother Sylvia is the
daughter of Russian immigrants.
They are both here to
celebrate with him tonight,
and should be celebrated with Bob
for the amazing way they raised him
and his three equally
accomplished siblings.
I think they deserve a round of applause.
(applause)
Like my mother, Bob's
parents devoted themselves
to creating an environment
where their children could thrive.
It was by his parents example,
that Bob learned the core
value that he possesses,
that we also admire.
First, the importance of education.
Second, a deep commitment to hard work.
And third, the centrality
of treating people
with dignity and kindness.
In all he does, Bob brings
these values to life.
With respect to education,
Bob has always had an
innate passion for learning.
By the time Bob and I crossed
paths at the Yale Law School,
just as an aside, for months,
I thought I saw Gary
Katzmann, his twin brother,
in every place Yale had.
(laughing)
And I'm sure repeatedly I called out
"Hello, Gary," until I saw
double of them one day.
But he was there, the
three of us were there.
And that was about 20, and
he was about 25 years old,
and already held a Bachelor's Degree
from Columbia University,
a Master's Degree and PhD in Government
coming from Harvard University.
Bob's passion for education, however,
is not limited to expanding
the breadth of his own knowledge,
but also to ensuring that others share
in his joy of learning.
Over the years he has taught courses
and seminars to law students,
and he is a devoted
mentor to his law clerks,
many of whom are in the audience,
and so many that we share in common.
Recently, he established
the Second Circuit
Civic Education Initiative,
Justice for All, Courts in the Community.
Through this program,
Bob has opened the doors
to the courthouse to student teachers
and the broader community,
with the goal of increasing
public understanding of the courts
and bringing the courts
closer to the community.
I am incredibly proud of this work.
And I am so respectful that
Bob found the perfect legacy
for an extraordinary chief judgeship.
Now, indeed, in everything Bob does,
he brings a dedication to doing it well,
and getting it right.
Which brings me to a second core value,
a deep commitment to hard work.
After law school, Bob clerked for a year
on the First Circuit,
and then joined the Brookings Institute,
where he served in their
Governmental Studies program.
At Brookings, Bob wrote
and edited several books
and authored numerous articles.
His work made significant
contributions to the study of
the interplay between courts and Congress,
including the development of a special
intergovernmental project
that encourages judges
from every circuit court,
to alert Congress to
statutory drafting problems
identified in judicial decisions.
I learned recently that
the project begun in 1988
still continues today
with partisan support.
That's a miracle.
(laughing)
Bob's deep seated respect
for the judicial process
has served as the foundation
for his distinguished service
as a Federal Circuit Judge
for the past almost 20 years,
and has involved him in
numerous Judicial Conference
and Second Circuit Committees
that seek to improve the
work of the court system.
On top of His endless
public interest activities,
Bob is an exceptionally skilled juris.
Since he has been on the bench
he has authored 190
published majority opinions,
he has been affirmed by the
Supreme Court five times
and reversed only three.
(laughing)
Don't let that number
worry you though, Bob.
My court gets it wrong.
Every now and then.
(laughing)
I have personal experience with that.
In addition to hearing and deciding cases,
Bob continues to contribute
to the development of legal theory,
in particular in the realm
of statutory interpretation,
where his expertise in governance
is particularly valuable.
One of his seminal books,
"Judging Statutes,"
was recently cited approvingly
in a Supreme Court concurrence.
Guess who wrote it?
(laughing)
That takes on the strict textualism view
that some of my colleagues have adopted.
Bob is relentless.
Always thinking, always striving
to improve the legal system as a whole.
In these efforts, however,
Bob is incredibly humble,
and always lets the product
of his work shine for itself.
This brings me to the
third and most important
core value that Bob exemplifies.
The importance of treating
people with dignity and kindness.
Bob always puts people first.
Everything he does is geared
towards helping people
and strengthening their
relationship with one another.
As both a scholar and a judge,
Bob is keenly aware of the
impact our institutions
have on real lives.
It was the awareness that,
it was that awareness
that called him to action,
when he noticed as a circuit judge,
that in case after case
that appeared before him,
individuals who were challenging
immigration decisions
had received no, or at best inadequate,
legal representation.
He didn't simply shrug their
shoulders when he saw this.
As we will hear about
in more detail today,
he formed a committee
to research immigration,
immigrant representation,
which ultimately led to a program
that ensures that nearly every individual
facing removal in New York City
has access to a free, competent attorney.
He also founded the
Immigration Justice Corps,
which is creating a pipeline
of recent college and law school graduates
to work in the field of immigrant rights.
This work is being replicated
around the country,
as other cities and states strive
to protect their immigrant communities.
What is more incredible about Bob
is the humility that accompanies his work.
At each stage of my judicial career,
he has been instrumental in my nominations
and confirmations.
During my Supreme Court
nomination, he spent weeks
mimicking a role he had played
from my colleague Ruth Bader Ginsburg,
serving as a special advisor
in preparation for and during my hearings.
Yet not once in all the
years I have known him
has he spoken about these efforts.
That is because Bob does
not talk about his efforts
on behalf of so many people.
He just sees what needs to be done,
thinks creatively about a solution,
dives in and gets the job
done to create a better world.
That is what makes you
special today, my brother.
We are here Bob to log
your accomplishments
and air our gratefulness for
everything you have done.
For all of us in this room,
and for the legal community as a whole.
You are a pre-eminent leader,
as a scholar and peer,
and thus the most deserving
recipient of this award.
I am honored to call you
more than a dear friend, my brother.
No matter how busy you are,
you always make time
for the people you love,
especially your friends and your family,
including your remarkable
wife, Jennifer Callahan.
She shares your compassion
for capturing the real
experiences of people's lives
as we have seen in her beautiful films.
We are grateful to her
for all that she does,
and for sharing you with the rest of us.
Brother, you are the shining example
of what a meaningful life can accomplish
and of how care and compassion
can serve the legal profession.
I am so proud to be related to you
and will always try to
follow in your footsteps,
knowing that you will always lead the way,
to what is right, what is
just, and what is kind.
I love you Bob.
(applause)
- Justice Sotomayor, thank
you so much for those remarks.
Judge Katzmann admirers fill this room
and go well beyond it as well.
And another member of the court,
one of Justice Sotomayor's colleagues
could not be with us today,
but wanted to be sure to
offer her words of admiration
of Judge Katzmann as well,
and that's Justice Ginsburg.
And so we're thrilled to be
able to offer remarks from her
through the miracle of technology.
- I had the great pleasure
of administering the Oath of
Office to Robert H. Katzmann.
on October 25 1999, the date
of his formal investiture
as circuit judge of the
United States Court of Appeals
for the Second Circuit.
On that occasion, I said,
"As an insightful scholar of governance,
"and inter branch relations,
"your new circuit judge
has studied federal court
"closely for many years,
from many perspectives.
"He brings an enormous store of knowledge
"to his new position,
along with intelligence
"and personal qualities,
important in sound judging.
"An inquiring mind,
extraordinary diligence,
"patience, and a readiness
to listen and to learn."
In his more than 17 years
on the federal bench,
now, Chief Judge Katzmann,
has proved the accuracy of my forecast,
thriving in the work of
federal appellate judging.
He has played a lead role in maintaining
the Second Circuit stature
as a tribunal held in highest regard.
Chief Judge Katzmann's initiatives
merit rousing applause.
Two standouts.
First in 2007, Bob delivered
the prestigious Marden Lecture
at the City Bar Association.
His lecture called attention
to the plight of immigrants
seeking asylum or to
stave off deportation.
Immigrants without the wherewithal
to engage competent counsel,
faced a dense thicket
of laws and regulations
and immigration judges overwhelmed
by the mountain of cases assigned to them.
Following the lecture,
a prodigious effort on Katzmann's part
led to the creation of the
Immigrant Justice Corps,
composed of recent law graduates
immersed in immigration law,
and then sent to community
based organizations
to meet the huge need.
Since its inception in 2014,
the Immigrant Justice Corps
has been a tremendous success.
Its staff has grown to over 80.
Many serving the Corps, are
first generation Americans,
more than 3,100 complex
cases have been launched
by Corps lawyers in the past few years.
In cases so far concluded,
the Corps has achieved a
stunning success rate of 93%.
All together, the Corps has
assisted more than 28,000
immigrants and their family members
in obtaining benefits
and avoiding deportation.
A second major initiative,
Justice for All, Courts and the Community.
This innovation invites the public
and particularly school children,
into the courthouse to learn firsthand
how our system of justice works.
The program, superintendended
by Chief Judge Katzmann,
and district Judge Victor Marrero,
offers an introduction to legal research
carried out in the court
of appeals library,
on-premises moot courts, and
teacher training sessions.
Also, curriculums tailored for teaching
high school students.
A New York Times article, reporting on the
Justice for All initiative
describe Chief Judge Katzmann as
"A soft spoken man with
a serene confidence.
"Someone who can talk
quietly and still be heard."
That description is spot on.
Putting to good use his education
in political science and law,
Bob has written several books.
I will name just one of
them, "Judging Statutes",
a 2014 publication.
The book addresses a
subject of vital importance
to the judiciary and the public.
When Congress enacts laws lacking
clarity, as it often does,
how should a judge determine
what the law makers meant?
Retired Supreme Court
Justice John Paul Stevens,
praised the book for reinforcing
the approach of juris
who find that a fair examination
of legislative history,
helps them understand
the work of their colleagues in Congress,
Peter Strauss, distinguished teacher of
Administrative Law and Legal Method
in his review of Katzmann's book,
said that "Judging Statutes"
should be required reading
for all who teach in the field.
I rank this slim, eminently
digestible volume, as a gem.
I cannot resist telling you one thing more
about Chief Judge Katzmann.
When President Clinton nominated me
for the good job I now hold,
Senator Moynihan thought
it would be useful
for me to have a savvy,
sans parti counselor,
as I made my way, from one
senators office to another's.
Bob Katzmann was that counselor.
He informed me in short order
of the senators interests,
what subjects I might safely address,
what topics were best avoided.
From the beginning through
to the happy ending
Bob was at my side, constantly
informing and encouraging me.
I could not have been better advised.
You will not be surprised when I tell you
that many of Bob's law clerks
clerked for next for me
From OT 2013 until OT 2019,
at least one Katzmann clerk has been
or will be on my chambers crew.
For his intelligence and humility,
his compassion and caring,
and his keen appreciation
that judicial decisions
affect the lives of everyday people,
Chief Judge Katzmann is
very dear to my heart.
I congratulate him on the dedication
of the Annual Survey
of American Law to him.
May he long continue to
engage in the art of judging,
and to stay well as he thrives
in the practice of good citizenship.
(applause)
- Okay, we are now going to proceed
with the next set of remarks in,
I think the technical term
Leonid has been using, as clumps.
(laughing)
So the first clump is
the immigration clump.
And I'll ask that all three in that clump
to come up and sit here.
I'll introduce them all
at once at the beginning
and then each will give
their remarks, but please,
you can come and sit with us now.
I am very pleased to introduce first
my colleague Nancy Morawetz,
of the NYU Law Faculty
and a graduate of this law
school in the class of 1981.
She joined the faculty in 1987
and helps to lead the
immigrant rights clinic here,
a really innovative program
combining litigation
and non litigation work on
behalf of individual immigrants
and community based organizations.
Following Nancy will be Lindsay Nash,
who is a visiting assistant
clinical professor
in the Immigration Justice
Clinic at Cardozo Law School.
She graduated from Yale
Law School and after that,
clerked for Judge Katzmann,
as well as for Judge Huvelle
on the District Court in
the District of Columbia.
And then after that, we
will have Peter Markowitz,
class of 2001, here at NYU,
and now professor at Cardozo,
where he founded and directs
the Immigration Justice
Clinic after graduating
from NYU Law in 2001,
and receiving the
University Graduation Prize
and the Summer Memorial Award,
he clerked for Judge Block
on the Eastern District of New York,
has also spent time as
a Soros Justice Fellow
at the Bronx Defenders.
We're very pleased to have all three
with us here this evening.
(applause)
- So I'm deeply honored to be here
as part of this celebration
of Judge Katzmann
and particularly the work he's
done on behalf of immigrants.
You've heard about this already,
but the three of us are here to tell more
of the inside story of what happened here
in the Second Circuit
and the remarkable work
that judge Katzmann did.
The story begins over 10 years ago
when Judge Katzmann
delivered the Marden Lecture
at the Association of the
Bar in the City of New York,
and he chose his his topic,
the problems facing immigrants
who we're pursuing cases
against deportation.
And he was familiar with
these cases from his perch
on the Second Circuit
where he would see cases
after they had come up through the system.
But he could see how
much should have happened
at the beginning of those cases.
And that was what he, he
directed his attention to.
What he saw was that in many cases
that immigrants were
represented by very bad lawyers,
or by notorious non lawyers,
or were trying to represent themselves
in what is in fact, an
extremely complicated field.
And, and so what he saw was
how the mistakes that were made
at these very early stages of cases,
were having life changing consequences,
and really very bad
consequences for these people
as they appeared in the circuit.
And I just wanna quote a
little bit from this speech
that he gave at that time, in
which he was speaking about
the poor quality of representation.
These are Judge Katmann's words.
"These attorneys do not
even meet with their clients
"to flush out all the relevant
facts and supporting evidence
"or prepare them for their hearings.
"They are stall lawyers who hover around
"the immigrant community,
"taking dollars from vulnerable people
"with meager resources.
"They undermine trust in
the American legal system
"with damaging consequences
for the immigrants lives. "
And then speaking about the
records which he would see,
he said, "What is filed and what is said
"have enduring effects.
"Immigration judges
will often make findings
"of adverse credibility
based on the disparity
"between the two.
"Oftentimes, the reviewing appellate judge
"who was constrained at the
time that case comes before her
"is left with the feeling that
"if only the immigrant had secured
"adequate representation at the outset,
"the outcome might have been different."
And Judge Katzmann concluded
by calling on the bar
to change this situation.
Those of us who worked
on immigration cases
were deeply grateful that Judge Katzmann
had chosen to speak on this topic.
We knew from from
whenever we were in court,
that we would see lawyers
doing a terrible job for their clients,
or we would see immigrants
trying to represent themselves.
And when the laws are just so complicated,
they couldn't possibly do it well.
And we also knew that there
was a complete mismatch
between the need for representation
and the potential supply of lawyers
who would gladly do this work,
but for the inability of
nonprofits to hire them.
And in particular, those of us
who teach in immigration clinics knew
that every year we were
graduating lots of students
who were eager to take up this work
and were trained to take up this work,
but only a few of them could possibly hope
to work in immigrant defense.
And so what happened next
was really remarkable.
It was literally 10 years
ago, I think next month,
that I got an email
inviting me to a meeting of,
of maybe nine or 10 lawyers.
That was just people wanting
to talk about this problem.
These were friends of Judge Katzmann
who were bringing together
some lawyers on on this issue.
And at that meeting, people
talked about all sorts of ideas,
and it all sounded like a great thing
that people cared about this,
but it was really very,
very difficult to believe
that it would ultimately
amount to anything
because the problem was just so, so great.
And I leave it to my colleagues
to pick up the story and
tell you what happened.
(applause)
- So thanks to Nancy and to the NYU
Annual Survey of American Law
for the privilege to speak
here about Judge Katzmann,
who's been a personal mentor to me,
and a real source of inspiration
about the good that one person,
albeit an extraordinary person, can do.
So while the group
initially came together,
that initially came
together with a small group
of 11 lawyers, it quickly
grew into a coalition
of actors from the public,
private and nonprofit sectors,
and it became known as
the Study Group on
Immigrant Representation.
This group included people from judges,
to prosecutors, to advocates,
but what unified them was first
a deep admiration for Judge Katzmann,
and second, a desire to do something
about the crisis and
immigrant representation
that he had identified.
So bringing these leaders
together, as he predicted,
quickly began to spark change.
He realized that while some of the most
troubling aspects of the system
were obvious to those of
us working in the field,
what we needed was rigorous study
of the problem and potential solutions too
if we were gonna make
the problem meaningful
to a broader audience.
As he often said, quoting his own mentor,
"Everyone is entitled
to their own opinion,
"but not everyone is
entitled to their own facts,"
and he knew that we needed the facts.
So this understanding led to the
New York Immigrant Representation Study
in which study group
members worked together
to collect a broad set
of data on the impact
and quality of counsel in
immigration proceedings.
And when we completed the study,
the findings were unambiguous
and the disparity was even greater
than we had anticipated.
The data showed that individuals
who were not detained
and who had counsel prevailed
about 74% of the time.
but individuals who were
detained and unrepresented
succeeded only 3% of the time.
So all of this meant that
for the first time ever,
we had real numbers to
quantify the impact of counsel,
and undeniable support
for what we had long felt,
that the assistance of counsel
particularly for people who are detained,
significantly impacts immigrants
ability to access justice.
The findings in this initial report
laid the groundwork for what has been
a transformation in the field.
Following this report,
members of the study group
created a blueprint for a solution.
And that solution was a
public defender type system
that would guarantee that
no detained immigrant
would be forced to face
deportation proceedings alone,
simply because they
couldn't afford an attorney.
The community that
Judge Katzmann catalyzed
then led the way in putting
this plan into action.
It quickly grew into
the system that I think
many of us now know which is the
New York Immigrant Family Unity project.
This is the first of its kind
system of deportation defense
that provides representation to all
non citizens in New York,
who are detained, indigent,
and facing deportation.
The recognition of the
importance of competent counsel
also led to the creation of
the Immigrant Justice Corps,
another pioneering initiative
in the immigration arena.
Understanding the value
of providing counsel
to a broad array of non citizens
and the need to raise the quality
of the immigration bar more generally,
Judge Katzmann conceived and launched
the first and only fellowship program
for college and law school graduates
to focus on immigrant representation.
Unsurprisingly, the impact
of these initiatives
had a huge impact.
I'll turn it over to my
colleague, Peter Markowitz,
in just a second to describe this impact,
but first, I wanna say that
as someone who has worked
with Judge Katzmann for
years in the study group,
and on a daily basis as his law clerk,
there is no one better,
better suited to serve
as an inspiration, as a
mentor, and as an exemplar,
for generations of lawyers,
both now and in the decades to come.
(applause)
- Thank you, Nancy,
and thank you, Lindsay,
and thank you to the NYU
Annual Survey of American Law
both for honoring Judge Katzmann
and for allowing me an opportunity
to speak about somebody who
really has transformed the field
in terms of immigrant access to counsel.
It's hard to overstate the impact
that Judge Katzmann has had
in that relatively short time
since he delivered that
Marden Lecture a decade ago.
It was in those 10 years, we
have seen an absolute explosion
in both the quality and
the quantity of lawyers
that are available to poor immigrants.
And at the epicenter of that explosion
are the two programs that
you've heard so much about
that grew out of Judge Katzmann's work,
both the public defender system
and the fellowship program,
the the Immigrant Justice Corps.
I recently had the
opportunity to participate
in an evaluation of the
public defender system.
And prior to the program, as you've heard,
the majority of immigrants
facing deportation
who were detained, didn't
have any counsel whatsoever,
and they were forced to defend themselves
in one of the most complex arenas of law
against trained federal prosecutors,
often while detained and often,
not always well detained for these people,
and often not speaking the language.
The deck was stacked against them,
and they had virtually
no chance of success.
Only three or 4% of them would
be able to defend themselves
and win their deportation case.
And it was as Judge Katzmann noted in his,
as he predicted in his Marden Lecture,
"Perhaps if we could add counsel,
"adequate counsel at the earliest stages,
"the outcome would be different,"
he told us 10 years ago,
and how right he was, rightR
When we added lawyers to the mix,
and we were able to evaluate the outcome,
the results were staggering.
Instead of succeeding 4% of the time,
immigrants right now at the
Varick Street Immigration Court
just blocks away from here,
are winning 48% of the time.
And what that means is that before
the program was in place that
Judge Katzmann catalyzed,
many unrepresented
immigrants who were detained,
in fact 44% of them,
were getting deported,
not because they didn't have a legal right
to remain in the United States,
they were getting deported
because they didn't have a lawyer
who could help them vindicate that right.
And that doesn't happen
anymore here in New York.
The Immigrant Justice
Corps, as you've heard,
has been equally transformative.
It's served thousands of immigrants.
And it's a statistic
that's already been said,
but it's eye popping enough to note again,
which is that the Immigrant
Justice Corps lawyers
have won 93% of the matters
that have come before them.
And as importantly,
they're up to, I think now,
almost 200 fellows, with
96% of their justice fellows
remaining in the immigration
field beyond the fellowship.
What drew Judge Katzmann, as we've heard,
to this problem originally,
is the deplorable state of the lawyering
he observed in the cases
that came before him.
His fellows are now repopulating
that field at a nice clip,
with highly trained, highly ethical,
and highly motivated lawyers.
As members of the study group,
we get calls all the time asking
how do we replicate these programs
in other parts of the country.
And they ask us how it happened,
and we tell them the story
that you've heard here today
about Judge Katzmann's
visionary leadership,
the way he inspires and
empowers those around him,
and the way he makes us believe
that justice is possible,
even in the face of
seemingly impossible odds.
And the refrain from
them, and is inevitable,
"But we don't have a Judge Katzmann
"in Philadelphia or
Austin or San Francisco."
And they don't.
(laughing)
But nevertheless, but nevertheless,
Judge Katzmann's example has
rippled across the country
and we see major advances
in replication efforts
in places like California and Wisconsin,
but not only in there.
In places like Texas and
Georgia, too, and many others.
There are many people who
helped shape the landscape
and the transformation
that we've described.
But there is one person who
I can say with confidence
is the catalyst for this
remarkable progress.
It has been one of the
defining honors of my career
to get to work with Judge Katzmann.
He is a national treasure,
really tenacious and kind,
powerful and gentle,
grand and modest.
So thank you Judge Katzmann.
(applause)
- Thank you very much.
Next we will introduce two speakers
speaking on behalf of themselves
and coming from the context
of the federal judiciary.
First, Judge Ann Williams.
Judge Williams was born in Detroit,
graduated from Wayne State,
the University of
Michigan, and Notre Dame.
After graduating from law school,
she clerked on the Seventh Circuit,
and then became an Assistant US Attorney.
She was ultimately the
first woman of color
to serve as a Deputy Chief,
and then Chief of the Criminal Division,
in the Chicago office of
the US Attorney's Office.
In 1985, she was appointed
as a district judge
to the Northern District of Illinois,
and she was then elevated to
the Seventh Circuit in 1999,
where she served with great
distinction for many years.
She retired just this past January,
and has now joined the Jones Day law firm
to lead its efforts in advancing
the rule of law in Africa.
Welcome Judge Williams.
(applause)
- Thank you, Dean, good evening.
- [Several] Good evening.
- We're here for Bob Katzmann.
Good evening, let's hear it!
{cheers and applause)
Now, we know that Bob Katzmann
is one of the most
influential judges in America,
one of the best judges in America,
and one of the finest human beings
I've had the privilege to know and love.
Do you all agree?
(applause)
And why do I know he's best?
I think of the words of Dr.
Martin Luther King who said,
"Human progress is neither
automatic nor inevitable.
"Every step toward the goal of justice
"requires the tireless
exertions and passionate concern
"of dedicated individuals."
Key words, every step towards
justice, tireless exertions,
passionate concern, and
dedicated individuals.
That's who Judge Bob Katzmann is.
Because every step he takes,
furthers the goals of justice.
Every step, tireless, passionate
and dedicated, champion of justice.
Where did this justice stepper come from?
(chuckles)
Well, his parents, as
Justice Sotomayor said,
John and Sylvia here today,
as Bob says, and I quote,
"My parents were the
most important influences
"on my choices and career path.
"Their values of integrity,
hard work, modesty
"and concern for others very
much shaped my worldview."
Lessons that we should
all live by, your lessons.
I first met your son when
we were baby Circuit Judges.
(chuckles)
But I really didn't get to know him
until our paths crossed when I was
President of the Federal
Judges Association
and he served on the
Judicial Branch Committee.
We were working on cost
of living pay adjustments
for the federal judiciary.
I really got to know him well
when I joined the committee in 2008.
What is the Judicial
Branch Committees mission?
Well, we call it the committee that cares,
that deals with the care and
feeding of federal judges.
Bob recognized the financial sacrifices
federal judges make serving on the bench.
He wanted to make sure our families
had adequate pay, insurance,
and medical benefits.
His passion and tireless efforts,
the coalition's he built
with the Federal Judges Association,
the magistrates and the bankruptcy judges,
other concerned groups,
corporations and unions,
along with our brilliant
administrative office staff,
culminated in us getting a catch up cola.
We had many calls on the
weekend and after hours,
he always picked up the phone.
Tireless, dedicated, stepping.
But he also knew as we
worked on these issues
that the committee was charged
with maintaining good relationships
with Members of Congress,
not an easy thing.
That was a sweet spot for Bob,
who was the only federal judge in America
with a PhD in Political
Science who has studied,
as you have learned, the judicial
process, published books,
articles on the inner
workings of the Court,
the intersection of the
Courts and Congress,
and he has served on
other outside committees
that focused on the judiciary.
As chair of the committee, he
expanded those relationships
carrying on the work
of Judge Brock Hornby,
having open dialogues and programs
that fostered understanding in Congress,
not just going to Congress
to ask for something
or telling them their
legislation was a bad idea,
which we have done.
(laughing)
He believes that human connections matter.
His passion, tireless dedication,
spread to all of us taking
those steps toward justice.
He was also instrumental
in growing the dialogue
between the press and the judiciary.
We complain as judges.
Well, the press doesn't get it right.
We write such clear and lucid opinions.
And they say, we don't
understand the opinions.
And really we don't understand the process
and more importantly, we don't
have access to the judiciary.
Gone are the days when I grew up
as a baby Assistant US Attorney
where we had a press
corps in the courthouse,
three reporters from three papers.
Now there's no one.
Now as a result of his efforts,
the committee goes to different cities
putting together journalists and judges.
The public benefits,
the judiciary benefits,
and the journalists benefit.
That human connection
making steps toward justice.
Finally opening up the courts,
which you've heard about.
there was a feeling for many years,
that the courts were not
as open to the public
as they needed to be.
Many of us ran individual programs
in our own courthouses for students
and teachers and other groups.
But there was no real consistency
across the federal judiciary.
And Civics had been
dropped from the curriculum
of all the schools in America.
Often I was asked did I know Judge Judy?
(laughing)
I, was not happy with that question.
But I also, it also indicated
what people didn't know in America,
didn't know who were the federal judges?
What did they do?
That's why Justice O'Connor
started the iCivics
Project so many years ago,
and Justice Sotomayor
serves on that board.
The AO began to develop programming,
all the federal judges associations
producing programming, working together,
under the umbrella of the committee,
of our committee, to open
doors under Bob's leadership.
He asked us to stand up and we did that.
Now, how did he do it?
I gotta tell you that sometimes
working with judges is like herding cats.
Just because he has on a black robe
doesn't mean things happen.
And that's a lesson for
all of you students,
as well as lawyers and judges in the room.
The lesson of the power of
one, which has been mentioned.
Bob knows how to bring together many ones
to make things happen.
And so can you.
Here's the thing about Bob.
He makes and takes the steps himself.
He leads by example, he is a doer.
That's the second Bob lesson.
We can all be doers.
We can all make that
step. take those steps.
His brainchild in the Second Circuit,
covering Connecticut,
Vermont and New York,
Justice for All that you've heard,
It's the most comprehensive
project in the federal courts.
And I looked on the website,
he's got all the judges
involved in civic outreach,
tours, contests, speakers, ceremonies,
interactive programs for
kids, and trial reenactments.
Pairing with organizations like the
Just The Beginning foundation that honored
Constance Baker Motley in 2016,
making justice real for
the people we serve,
not just for those who appear
in court, or in jury duty.
Judges stepping up,
listening to his call because
he is a leader we all want to follow,
stepping toward justice.
For this and many other reasons,
I believe Bob is one of the most
influential judges in
America, and one of our best,
and on top of that, a fine human being,
and a wonderful, dear friend,
really a brother of the heart to me.
He cares so much, and that matters.
And that's the third
lesson, caring about others.
At every meeting, every
time I run into Bob,
he's asking me how's David?
How's the family?
How's Claire doing?
Remembering things about our lives,
not just with me and the judges,
but with the marshals, the staff,
and I've seen him in his own building,
the cleaning people that
work there every day.
His kindness, humility and grace,
combined with his tireless exertion,
passionate concern and dedication
make Bob Katzmann a justice champion,
and a worthy recipient
of this wonderful honor
that you have bestowed on him.
Stepping up for justice,
leading the way in the struggle
for equal justice for all.
I love you, Bob.
(applause)
- And now from the administrative side
of the federal judiciary,
I'm pleased to introduce James Duff.
He was appointed Director
of the Administrative Office
of the United States Courts in 2015,
a position he also held from 2006 to 2011.
He previously served as counselor
and administrative assistant
to Chief Justice Rehnquist,
including in his capacity
as Presiding Officer
of the presidential
impeachment trial in 1999.
He has significant experience
in the private sector as well,
and we're very pleased to have him here
with us this evening.
- Thank you very much.
(applause)
Thank you very much, Dean.
It is an honor to be
included in this guest group
to honor even a portion of
Bob Katzmann's career in law.
Chief Judge Robert A. Katzmann.
Professor Robert A. Katzmann,
and six minutes is impossible.
And I'm so glad that there are
numerous speakers here today
this afternoon to attempt
to do this justice.
It was very astute I
think of NYU to select
so many people to speak about Bob.
Because Bob has done so much for so many.
Bob is a giver.
He gives superb legal judgment
to vexing legal problems
on the bench as Chief Judge
of the Second Circuit.
And as those of us who
are here today know,
he gives his time and his good counsel,
greatly and cheerfully and freely
to his friends and his colleagues,
helps them with their own
wide ranging endeavors
on and off the bench.
You've just heard the
testimonies of two justices
that he helped to get to the Supreme Court
and giving them good counsel.
He does this both within and
outside of the judicial branch.
He shares his vast insights into problems.
And he connects people with
those who can help them.
And you've seen that in a grand scale
with regard to his work on immigration,
and those who spoke so beautifully
about that project today.
Today, the giver gets to be a receiver.
He's on the receiving end
of well deserved recognition
for his many gifts to our
judiciary and to our country.
Others have spoken wonderfully about his,
the specifics of some of his work,
including the Justice for
All Courts in the Community.
And, and so I won't go into
all of those specifics again,
but Bob believes as Thomas Jefferson did,
that an educated public is the best way
to preserve our liberties.
And it is the best way to preserve
the independence of our courts.
I would like to speak
more briefly and generally
about Bob's work in promoting both public
and governmental
understanding of the courts
in very personal ways.
Justice Robert Jackson
authored a well known
concurring opinion in the
Steel Seizures Case in 1952,
in which he articulates
so well the separate,
but interdependent nature
of our three branches of government.
Justice Jackson writes, and I'll quote,
"While the constitution diffuses power,
"the better to secure liberty,
"it also contemplates that
practice will integrate
"the dispersed powers into
a workable government."
Imagine that.
"It enjoins upon its
branches, separateness,
"but interdependence,
autonomy, but reciprocity."
There are many institutional
examples to demonstrate this.
Justice Jackson focused on those involving
the intersection of presidential
and congressional power
in the context of that case.
There are of course, examples
between the judiciary
and the other branches too,
including the appointment
and confirmation powers,
and the fact that the judicial branch
receives its budget from Congress.
But in addition to these
institutional examples,
there are human ones.
To me, Bob Katzmann, personifies,
breathes life into those
institutional principles.
And by that I mean he not only recognizes
the theoretical value of
separate but interdependent,
he also works hard, works very hard.
as others have mentioned this evening,
at putting these principles into practice
to make ours a workable government.
His outreach to the other branches,
in particular to Congress,
both in formal and informal ways,
has yielded great benefit
to our judicial branch,
and thus to our country.
He embarked on this mission early on,
even before he was appointed
to the bench by penning
a very useful and instructive book,
one of many he's written
called "Courts and Congress."
He did this in 1997.
And he has continued
to work in this field,
and early on, even before he
was appointed to the bench,
I mentioned the he authored that book,
but he's continued to
do so while on the bench
with, through his work as the chair
of the Judicial Conference
Committee on the Judicial Branch,
and his creation of the
Judicial Congressional Dialogue series,
in which Members of
Congress and judges meet,
often in conjunction with a
program of mutual interest,
but they meet to become more acquainted.
That's Bob's personal touch.
He's now doing and
continuing this outreach
through his work on
the executive committee
of the US judicial conferences
executive grounding.
His skilled leadership is fueled
not only by his intellect,
but also by his personal relationships.
This is true within our branch.
It is also true inter branch,
and I venture to say that he has helped
every one of our speakers today,
and probably many of you in the audience,
on some endeavor of yours.
He certainly has helped
me throughout my career.
And it is that personal
touch and outreach to others,
especially to those in the
other branches of government
that ranks among his highest achievements.
He does so not for personal gain,
but for that of the others,
and for the good of our
branch of government,
and thus for the good of our country.
It is somewhat ironic that
by putting so much effort
into the interdependent
nature of our government,
by communicating personally
with those in the other branches
that Bob helps us preserve
a crucially important degree
of independence in our branch.
Interdependence is one thing,
but invading our space is quite another.
And Bob recognizes the
important differences
between the two.
He employs his significant
skill in communicating in ways
that protect our branch, and
a degree of our independence.
I speak specifically with
regard to our battles
to hold off congressional efforts
to impose an inspector general
over the judicial branch.
He has earned the respect and the trust
of those in all three
branches of government.
And accordingly, his views
are given great weight.
We were very fortunate indeed,
to have Bob in a leadership
role in the judiciary.
Thank you, Bob, for giving
your wonderful talents
and your intellect to our country,
and to making ours a workable government.
(applause)
- As we have heard, Judge Katzmann is,
in addition to being
an outstanding jurist,
an insightful builder of institutions,
is a really important
and significant scholar,
that counts both during
his pre judicial career
and still today and so
we have two speakers
from the world of scholarship,
and so I'll ask Paul
Light and Russell Wheeler
to please come up here now,
and then I'll introduce
each of you together
at the beginning and you can then speak.
First, Dr. Paul Light
is the Paulette Goddard
Professor of Public Service
at NYU Wagner school,
and also the founding
principal investigator
of the Global Center for Public Service.
Before joining NYU, he served as the
Douglas Dillon Senior Fellow
at the Brookings Institution,
founding director of its
Center for Public Service
and Vice President and Director of its
Governmental Studies Program.
He served previously as
Director of the Public Policy program
at the Pew Charitable Trusts,
and as Associate Dean and
Professor of Public Affairs
at the University of Minnesota's
Hubert Humphrey Institute
of Public Affairs.
Russell Wheeler is Visiting Fellow at the
Brookings Institution's
Governance Studies program
and President of the Governance Institute,
a nonpartisan think
tank with an interest in
inter branch relations and
their policy implications.
He's also recently accepted the title of
Public Member of the
Administrative Conference
of the United States.
We are very grateful to have both of them
with us here this evening.
- Thank you.
(applause)
Well, it's a pleasure to be here tonight.
Judge Katzmann, and I have
been friends for a long time.
I'm particularly delighted
to see Mr and Mrs. Katzmann.
I know what you did.
Your imprint in Bob's life
has been meaningful and deep.
I also know what you
did, Gary, along the way.
And you know I do, from my perspective.
As a Professor of Public
Service here at NYU,
and a longtime student of
institutions and policy,
I'm an admirer of Judge
Katzmann's scholarship.
I might say that unlike my books,
which people put down and can't pick up,
people pick up Bob's books,
and they go out and make a difference.
It's a wonderful thing.
His books are inspirational and deep,
and they are superbly well written.
We, in academe, sometimes pride ourselves
on being unintelligible.
It's a sign that our work must be good
because you cannot understand it.
Bob's work is eminently
approachable and understandable.
And I might say that his
work is not just, an example,
you read his work, not
just for what it contains,
but how it's written.
I don't think many people talk much about
what a gifted writer Judge Katzmann is.
I love reading his work,
and I wanna just talk
ever so briefly about it.
I first met Judge Katzmann
at the Brookings Institution
when I was a guest scholar way back when,
and I had the pleasure, I was not forced,
I had the pleasure to read his book
on regulatory bureaucracy.
It was an early sign of what was to come.
It was thoughtful and rigorous.
It was respectful of the
human element in policymaking,
which is always important.
And it was beautifully written.
As I said, many talk about
what Judge Katzmann writes,
but too few recognize his
gifts with words and meanings.
His introduction to the 1981
book on regulatory bureaucracy
is a perfect example.
Just a quick sentence, quote,
"Anti trust is a banner
under which many march,
"but for many, but for different reasons."
It's a perfect sentence that
invites you into his list
and it has a comfortable
gait, if I may use that term,
I don't know whether you do?
It has a nice pull and flow,
and he takes us into his list.
Politicians interested
in combating inflation,
consumer groups convinced
that large manufacturers
change executive excessive
prices, charge excessive prices,
populace fearful that corporate giants
corrupt the political process,
businessmen and so forth and so on.
It's an inviting invitation to the book.
It comes early.
And it says, you can read this book,
and I'll force you to learn what's in it,
or I'll invite you to learn, perhaps,
is a better way of putting it.
Three decades later,
we see the same elegant
dance in "Judging Statutes",
a book that rightly prompted
one endorser to celebrate,
quote, "A judicial craftsmen
at the top of his art."
If I may be so bold to correct a blurber,
and we love blurbers, I
would say that craftsman
is not quite the right word.
"Judging Statutes" is
not just a work of art,
but it's a form of artful work.
I don't know what to call you as a writer,
but it's more elegant
than simple craftsmanship.
Once through the brief
beginning of "Judging Statutes",
Judge Katzmann asks all of us
to join his search for understanding.
The writing is still fresh.
How many books in the interim?
The writing is sharp, it's inviting.
It's fast, and I use the word
fast, it pulls you through.
You don't have to read the
sentence two or three times.
You get it, but there's
a new pronoun in play.
Judge Katzmann is writing
with the pronoun I.
And there is a new punctuation
in use, the question mark,
It's self reflective.
He's saying I've been through this.
I've taken this journey.
Come with me.
Let me explore this with you.
"How should I as a judge,"
he says, "interpret statutes?
"Should the judge confine
herself to the text,
"even when the language is ambiguous?
"Should the judge in seeking to make sense
"of an ambiguity or vagueness
"go beyond the text of the
statute to legislative materials?
"And if so, which ones
should the judge seek
"to ascertain Congress's
purposes and attentions?"
Again, we have sort of, the
art of literary construction.
And it's, it's a pull
and it invites us in.
We are told that even judges
might wonder about construction.
And then we were given an accessible text
and we journey with him.
He's not lecturing to us,
he's inviting us along.
I admire his writing for more than his art
and I think it's a steady,
yellow pad that you work on.
I've seen you carry
them all over the place.
Yes or no?
You don't have to tell me.
(laughing)
And I sometimes wonder how we might
frame our friendship years
from now if, and when,
he pens an autobiography.
I don't need to dwell on the basics
of Judge Katzmann's work tonight.
It's firmly grounded, carefully sourced,
a lot of footnotes, appropriately so.
But I do wonder how he is
able to maintain such focus
as he handles the deep inventory of facts
that he brings to bear?
I mean, it's intimidating.
So when I sit down to
write, I over footnote,
I over source, I still don't get anywhere,
and that book is no
lighter, to pick back up.
I don't know who his muse
might be in all of this,
though I have some
clues from time to time.
I think he gets inspiration
from many places,
many people and some very close friends.
At any rate, whatever or whomever,
the source of his inspiration,
his research and
reflection is now preparing
a new generation of jurors and scholars
for an uncertain possibly trying time.
And that's the ultimate contribution
of all of us in this room.
We develop, and mentor, and
encourage public service.
And we inspire public service
through our own impacts,
artful or not, in our lives.
We call others to join
us, we take those steps,
and we call others to our cause.
It's like solving a puzzle,
but with much greater consequence.
Happily, those of us who have read
Judge Katzmann's work
and admired his gift,
do not have to wait long
for his next contribution.
I'm just guessing.
It may come tomorrow, we just don't know.
But we can rest assured
that it will provoke,
invite, cajole, entreat, and challenge us.
How was that five commas?
Maybe one too many.
It's a joy to be here tonight.
I love Bob Katzmann like a brother,
and his brother like a brother, I think,
and we know where that comes from.
At any rate, my love to you,
Bob, and Jennifer for sure.
(applause)
- Thank you, Dean Morrison.
It's a privilege to be here to salute my
friend of over 30 years, Bob Katzmann.
I've been asked to talk a bit about his
scholarship and inter branch relations.
I am in that regard speaking as I do,
sort of like a legislator,
speaking late at a courthouse dedication.
You've heard everything
that needs to be said.
You just haven't heard from
everybody who's here to say it.
(laughing)
So, here goes.
It's hard to talk about Bob's
inter branch scholarship though
without recognizing he's also
an inter branch practitioner.
He knows the judiciary obviously,
but he knows the Congress
very well to from his mentor,
Daniel Patrick Moynihan
and Lion of the Senate.
Also Judge Frank Coffin,
who was a judge on the First Circuit,
chaired the Judicial Branch Committee
to which Jim and (mumbles)
Williams have referred
which is charged with a care
and tending of the Congress
from the judiciaries perspective.
Judge Coffin was a leading judge,
he also represented Maine in
the House of Representatives.
So Bob has grounding there.
His first book on inter branch relations
captures really his whole
approach to that field.
Not so much the title of the book.
The title of the book is
"Judges and Legislators."
It's the subtitle, "Toward
Institutional Comity."
I should say that's comity with a T.
(laughing)
I'm sure sometimes
he thought it was more
appropriate comedy with a D,
but any event, that's the approach,
institutional, not personal.
That book was followed,
as has been said in 1997,
with "Courts and Congress,"
which he wrote at the dawn
of what turned out to be one
of these contentious periods,
especially contentious periods,
in the relationship between
Courts and Congress,
the Jeffersonian era, the Postwar Era,
the Progressive Era, and of course,
some of us remember the
impeach Earl Warren era.
But he saw things coming,
he identified even then
what he called the sources of strain,
conflict over resource allocation,
the perennial problem with judges
and legislators compensation.
Early efforts to restrict jurisdiction
and the brewing and in
some cases full blown
breakdown of the judicial
confirmation process.
But his goal in the book
was so much to criticize
as to provide avenues of cooperation.
And in that book he described,
he's described it elsewhere,
but he described the project
to which Justice Sotomayor referred,
that he and Judge Coffin,
former representative Robert
Kastenmeier of Wisconsin,
the judges on the DC circuit,
and also legislative
leadership and their staff,
to encourage circuit
judges to send to Congress
opinions that identify technical glitches
of one kind or the other,
of gaps or ambiguities.
One sent in a 2009 opinion that exposed
the ambiguity in the
Immigration and Nationality Act,
about the seven year
residency requirement,
that was a condition for a
waiver of alien admissibility.
You'll never guess what
judge sent that opinion in?
One who's very interested in immigration.
And that, since that practice
has revitalized in 2007,
over 50 opinions of going to Congress
through a very precise protocol that
Bob and Judge Coffin
and others worked out,
which makes it clear that the
purpose of this enterprise
is not to rub Congresses nose
in the messes of his own making,
or to get, even get
statutory language change,
but to help Congress.
and the main consumers of these opinions,
which come in once every
two or three months,
is used by the Legislative Council,
the people on both sides of the Capitol
who actually draft the legislation,
they use these opinions as
teaching tools for their staff
about how to avoid ambiguities
so they can be avoided,
sometimes it's impossible of course.
So it's a contribution.
Now, people have talked at
length over "Judging Statutes",
and I won't go into great detail about it.
I would note it grew out
of the Madison Lecture
that Bob delivered here at NYU Law School.
And its purpose as he said,
or its main goal reflects his view is,
I'm quoting here, "The
judges and legislators
"need to understand and respect
"one another's institutional processes."
Book was published in 2014,
to become required reading
when the Supreme Court
was trying to figure out whether the
Affordable Care Act's phrase,
an exchange established by the state,
meant, obviously exchanges established,
insurance exchanges established
by the individual states
or also by the federal government,
when the decision was announced
more than a few pundits
said to their listeners
on radio and television
that if you wanna understand
what this is all about
go read "Judging Statutes."
And it is recurred again,
as Justice Sotomayor said,
she referred to it in the
Digital Reality decision
last month at the Supreme
Court where she said,
"Considering legislative history,
"shows respect and provides comedy,
"promotes comity with a co
equal branch of government."
Now a legal journal picked
that up and the author said,
referred to "Changing Statues"
and said, referred to it,
and I quote here, "An
excellent rejoinder to Scalia."
And it is that, it is a
response to the textualism,
in the version to legislative
history by Justice Scalia.
But what I would note is,
as obvious is that is you
don't find that phrase
in the title of the book.
You don't find it in the
subtitle of the book.
There is no subtitle.
You don't find it in the preface,
in which Bob explains what
led him to write the book.
Now, obviously, Justice Scalia,
if you look at the index,
and of course that's how we in Washington
read nonfiction books,
we look at the index,
(chuckles)
Justice Scalia appears plenty of times,
it would be surprising if he didn't,
but not a lot more than references
to some of the other members of the court.
What that indicates, again is
that Bob looks at his stuff
on an institutional basis,
not a personal basis.
Institutional respect,
not personal antagonisms,
which is a lesson that a lot of others
in our national government
could take some benefit from.
So thank you, Bob.
(applause)
- Thank you very much.
Our final dedicator this evening
spans many of the groups covered by
speakers already tonight.
We are very pleased to have
with us Judge Guido Calabresi.
Judge Calabresi's known I'm sure
to everyone here in this room.
A long and distinguished career
in academia and the judiciary.
And before all of that,
as a clerk on the Supreme
Court to Justice Black,
longtime member of the Yale faculty,
very distinguished Dean
of Yale Law School,
and since 1994, a member
of the Second Circuit,
and thus can speak from
the perspective of being
one of Bob's colleagues as well,
Judge Calabresi, welcome.
(applause)
- Mr. Mrs. Katzmann,
Jennifer, Bob, dear friends,
it's a great honor and
joy once again for me
to be back here for the third time.
Each time it involved people
of whom I am terribly fond.
Myself, of course.
(laughing)
But even more, and that's saying a lot.
Sonia Sotomayor and Bob Katzmann,
my student, my colleague,
and now my magnificent, Chief Judge.
You've heard many things said about Bob.
And as I was writing this,
I was thinking about it,
and thinking, what is it that makes Bob
so very, very special?
So very special, in
part from these things,
and in how he does well,
I believe it is that he
more than anyone else I know
demonstrates in his life, and in his work,
in all that he does, that the
liberal dilemma can be solved.
What do I mean by that?
I don't mean liberal,
in an ideological sense
with a capital L.
But with a small L, of people
who are open to other views,
always willing to listen,
to think about what other people say.
And it is often said, with Liberals,
because they are determinedly,
determinedly wish to be
open to the other side,
to be willing, indeed anxious
to hear from the opposition,
and to leave open the possibility
of being convinced are ineffective,
in furthering the causes they believe in.
How can one always be polite,
open and yes, even gentle,
and yet effectively bring
about the policies and programs
one thinks are essential?
It seems impossible.
Yet this is precisely,
precisely what Bob accomplishes,
seemingly without any strain, but in fact,
as a result of extraordinary ability,
together with amazing joy, work,
self training and discipline.
Let us go back to what was for me
the beginning of my acquaintance with
and appreciation of Bob,
when he first came as a law student.
There's often something in the
early exams of law students
that foretells what they will be like.
Sam Alito wrote a perfect torts exam,
which, however, took not a single chance.
It was conservative to the core.
(laughing)
Sonia Sotomayor, right from the start,
demonstrated daring,
imagination, and empathy,
while others who could afford to be
far less risk averse hid
behind doctrinal niceties.
(laughing)
What of Bob?
There's something more unique than rare
in the powerful gentleness
that Bob demonstrated
right from the start.
There was always a careful
recognition of what could be,
indeed should be said for the other side.
And yet in the end, no,
not just in the end,
but throughout, there could be no doubt
of where Bob stood, and why.
There was unmistakable
power in Bob's gentleness,
power, maybe even more effective,
because of that gentleness.
This very American child of refugees,
exemplified even then the
seeds of what would make him
a wonderful scholar, a great judge,
and a truly superb Chief Judge.
It is worth dwelling a
bit on Bob as a scholar,
because as you've heard, there too,
one sees a remarkable capacity
to see more than one side of the issue
and yet not be weaker for it.
Bob was not, is not, the kind
of all to typical scholar
whose work however brilliant,
is self contained and self defined.
Bob's scholarship is profoundly connected
and connecting and of the world.
It comes out of the
maelstrom that is Washington
and takes into account all
that truly goes on there.
It is scholarship that listens to,
converses with, and takes
into account the other side.
This is so, whether it
deals with relations
between courts and legislators,
with the executive, or
with interpretation,
and what it truly is, but once again,
there is in it an
unmistakable point of view,
that is all the more powerful
because it is centered
in a willingness to dialogue.
And of course, it is what makes Bob
such a blessing as Chief Judge.
Our court is quite diverse in
viewpoint and personalities.
And yet, there is no one among us
who does not fake feel listened
to and cared for by Bob.
At first, some of my colleagues,
mistook this care, this gentleness
for a possible weakness and tried to push
their own agenda through a
seemingly too kind, Chief.
Boy did they learn better.
(laughing)
Bob seems gentle, indeed is gentle,
but don't for a moment,
try to push him around.
You will be in for a
mighty strong surprise.
But that surprise is itself delivered
in so kindly a manner that those
who sought to take advantage
could find themselves
with nothing to complain about.
(laughing)
People have told you about
Bob's qualities as Chief Judge
in the court, and his work
outside for immigrants,
in telling, educating people
of what the courts do,
so I won't take your
time now to repeat it.
It's here in writing.
Let me just end by saying it straight out.
I love you Bob.
I love you with special
love that a teacher has
for a student who has gone beyond him.
But I also love you because you show
in all that you do, and all that you are,
that the liberal dilemma can be solved.
That one can be at the same
time truly open and gentle
and yet be all the more effective for it.
(speaking in foreign language)
If you want a monument, look around you.
The monument that one can
solve the liberal dilemma
is right there for you to see in Bob.
Thank you.
(applause)
- Thank you Judge, and thank
you to all of our speakers.
Now this is normally
the part of the program
where I ask the Chief Judge
to come and receive the dedication.
But first we actually have a surprise,
can I please ask Judge
Williams to come back on stage?
- So you've heard about
that nudging of Bob.
So a few years ago when he was
leaving the committee as chair,
I penned a song in his honor.
And when we were getting
ready for this event,
no less than three times Bob told me
how much his parents love that song.
And so I took the hint.
(laughing)
I changed the words some
to fit this occasion, and
the title of the song,
from "The Lady is a Tramp"
The title of the song is
"Bob Katzmann's Not a Tramp".
(laughing)
(She hums a tune)
Just have to get my key,
and turn this phone on.
♪ Bob Katzmann, born in New York ♪
♪ Queensborough boy ♪
♪ Two parents, John and Sylvia ♪
♪ He brought them such joy ♪
♪ Twin brother Gary ♪
♪ Martin, Susan, quite a clan ♪
♪ Inspired this amazing man ♪
♪ Columbia and Harvard ♪
♪ Masters and PhD, ♪
♪ Your law clerking Brookings ♪
♪ Georgetown, Professor, Scholar is he ♪
♪ Then second circuit ♪
♪ Judging, writing, you see ♪
♪ Shaping justice is his destiny. ♪
♪ Oh when our songs man ♪
♪ Loves all movies and art ♪
♪ Well, he is so smart ♪
♪ Found Jennifer, love of his heart, ♪
♪ Judicial Conference
Executive Committee, ♪
(laughing)
♪ Supreme Court Fellows too ♪
♪ Big time, Chief Justice ♪
♪ How do you do all that you do ♪
♪ Judicial outreach to
Congress and the press ♪
♪ Justice, your quest, you never rest ♪
♪ Now immigrants get lawyers ♪
♪ Defenders and Justice Corps ♪
♪ Forming Coalition's ♪
♪ Equal Justice your core ♪
♪ Opening the courthouses ♪
♪ To the public, kids, and
more, like JTB in 2016 ♪
♪ Civic Education rise and soars. ♪
♪ Compassion, courage ♪
♪ Giving your all ♪
♪ That is your call ♪
♪ Always standing tall ♪
♪ True friend and brother ♪
♪ To all races and creeds ♪
♪ That's why Bob Katzmann's not a tramp ♪
♪ No no, Bob Katzmann's not a scamp ♪
♪ We cheer you Katzmann ♪
♪ You're our Champ ♪
♪ Chief Judge Bob Katzmann ♪
♪ You're our Champ ♪
♪ Adore you, Katzmann ♪
♪ You're our Champ ♪
♪ We love you ♪
(cheers and applause)
♪ We love you, Katzmann ♪
♪ You're our Champ ♪
♪ Oh, Yeah ♪
(applause)
- That was beautiful.
(laughing)
- Thank you
- You're welcome!
That was dedicated to both of you.
- Well, this ain't for real.
Chief Judge Katzmann, can I please ask you
to join me on stage?
Okay, (mutters)
Okay, ready?
Remember, (mumbles)
Okay.
Chief Judge Katzmann.
On behalf of the Board of Editors of the
New York University Annual
Survey of American Law,
I would like to dedicate
our 75th volume to you
in honor of your
contribution to American law.
Thank you.
- Thank you.
(applause)
- Thank you, thank you all.
This, this has really been
an extraordinary evening
and I'm really overwhelmed,
overwhelmed by it.
This place, Greenberg Lounge
has special meaning for me.
It was here that I had the privilege of
giving the Madison Lecture some years ago.
And it was here that Dean Morrison
generously hosted an event when we had
the publication of "Judging Statutes."
And it was here that I had the privilege
of participating in past
Annual Survey Tributes
to justice Brier, Sonia Guido,
never thinking that I would
be back here for this program.
For many years I've taught
and learned from NYU students,
and so being recognized
by the Annual Survey
is particularly meaningful to me.
Indeed, some years ago I
actually had the pleasure
of writing an article with Frank Coffin,
"Work Ways of Governance"
for the Annual Survey.
And I'm so grateful to
you, the Annual Survey
for this evening.
NYU and its Dean's over the
years have been very welcoming,
John Sexton, Ricky
Revesz, Trevor Morrison.
I've enjoyed very much
participating in the
instituted traditional
administration programs
under the leadership of
Oscar Chase, Troy McKenzie,
Sam Estreicher, Tory Whitman,
and Allison Sheffeeny.
And I think that Evan
Chester might be here
and he was also he was
Chair of that Board.
Tonight I have many
particular thanks to give.
Dean Morrison, very important scholar.
You have been a great
leader in legal education,
as I can personally attest
from our most recent work
in the effort to bring some
sanity to law clerk hiring.
(chuckles)
And you've provided tremendous service
as a wise and active advisor
to the Second Circuit
across a wide range of activities,
including our Second Circuit conferences,
and our civic education work.
Thanks so, so very much.
Leonid Grinberg.
It was a joy to answer your
phone calls and your emails.
You've got such a nice way about you that
it makes the person on the other end
wanna be as helpful as possible,
and you obviously have a
great career ahead of you.
Thank you for all of your efforts.
Israel Rodriguez, where is Israel?
There he is in the back.
Israel Rodriguez, your careful concern
about every detail of this event has,
is just awe inspiring, and
I would never wanna poach
NYU Law School but if
ever you're interested
in the federal service, let me know.
(laughing)
To those who offered words this evening,
I am honored beyond measure.
First, Justice Sotomayor, my sister,
and, you know, incredibly generous friend,
through thick and thin,
who was always there for me.
That you would come,
I know you have an
incredibly grueling schedule,
and that you are here
really, really moves me.
I cherish knowing you.
Justice Ginsburg has for me been
an extraordinary inspiration
in all aspects of life,
whose kindness and concern I treasure.
She truly is a guardian angel
who has meant so much to me.
Guido Calabresi is not just
my teacher, but our teacher.
And whose brilliant intellect and humanity
are gifts to all of us
that make us better.
And it's such an honor to have you here.
Judge Ann Williams.
You are a role model for all of us.
I will not try to sing however,
(laughing)
but you are a role
model for for all of us,
and your passion for
justice is so profound.
Just to give an example,
we had students from throughout the city
that were mobilized by,
through the Justice,
through the Just The Beginning Foundation,
which is one of many enterprises
that Ann Williams has founded.
You could look at just about
any important social group,
litigation group of the last 25 years
and they all bear the
imprint of Ann Williams.
And you are really an example above others
about of what one person can do,
and I'm really a, just
an Ann Williams groupie
trying to do what I can to,
to emulate and spread your message.
And that you would come here,
I know you're on the way to Africa,
is really so, so wonderful.
Jim Duff, in these times when there is
so much cynicism about our institutions,
I think of you.
I think of you because I think that
you are somebody whose dedication
to making our system of government work,
whose understanding of the judiciary
and leadership of the judiciary
has had a profound impact.
There is nobody in the last 50 years,
who is, who's had more of an impact
on the fair and effective
administration of justice
than you have, and so
I'm also very grateful
for our personal friendship
of many years as well.
Fun fact, fun fact.
This is a good, you know,
Jim was good to come tonight,
but he really won the lottery
because he's gonna see Bruce
Springsteen on Broadway.
(laughing)
And that was through
through a lottery ticket, right?
You know, he just threw
his hat in and it happens.
So, to Nancy Morawetz, Lindsey Nash
and Peter Markowitz.
Whatever success the study group
on immigrant representation has had,
the New York Immigrant
Family Unity Project
and the Immigrant Justice Corps have had,
could not have happened without you.
Nancy, you are one of the nation's
premier immigration law professors,
and there are disciples
populating law schools
throughout the country.
Whether it be Peter Markowitz,
whether it be Michael Wishnie,
your impact has been so very deep,
and so I'm very grateful to
you for participating tonight.
Peter Markowitz, you are a wizard.
Your work at the Greenberg
Clinic at Cardozo
has been simply outstanding,
and I'm so appreciative
of your many contributions
to the creation of every project
that we've participated in
including the Immigrant Justice Corps.
I believe that our Executive Director,
Immigrant Justice Corps,
Executive Director, Jojo Annobil
is here tonight and he can also tell you
how great Peter Markowitz is.
And as for the Immigrant Justice Corps,
I know that there are several graduates
of NYU law school, and we
just announced our new class,
we have another graduate in,
and so we wanna keep that coming.
Lindsay Nash, you are
a fantastic law clerk,
who played such a key
role in the study group.
But I think that apart from
your excellence as a law clerk,
your passion to do
something for immigrants
was always very, very palpable.
And I'm so proud of you,
as I observe from afar
what you do, and you really
are making a difference
in the lives of so many
and I'm so thrilled
that you could be here this evening.
Russell Wheeler, the
nation's foremost scholar
on the administration of justice.
Longtime former Deputy Director
of the Federal Judicial Center,
President of the Governance Institute.
For 30 years, you have
not only been a friend,
but a wise counselor, and there
is not a single manuscript
that I've tried to produce
over the last 30 years
that doesn't have the
imprint of Russell Wheeler,
who has been a great friend,
but also just a wise, wise counselor.
Paul Light is the country's
leading scholar on public administration.
He's won more awards from the
American Political Science Association
than, he wouldn't tell you this,
than any living political scientist.
And I think dead ones
too, but his influences.
I'm in awe of your, of
your contributions to
and to our friendship.
One of my favorite Paul Light
footnotes in one of his books
was he was doing a book
on popular culture,
and he footnoted me.
It was a reference to my TV
watching habits as a child,
and nobody got it but I
thought it was very funny.
(laughing)
On an evening like this, I think of those,
many no longer with us,
who gave me a chance,
who believed in me, whose support
and encouragement were essential.
And as I look into the audience,
I see many family members
who have been my foundation.
My amazing, talented,
extraordinary wife, Jennifer,
my brothers, Gary and
Martin, my sister, Susan,
my brother-in-law, Neil,
my sister-in-law, Stacey.
And my parents, John and Sylvia
who believed that everything
and anything in life was
possible for their children.
I see many here, really
too many to mention,
whose shoulders I have stood on,
and who have energized me and inspired me,
from whom I have learned much,
including many in my
dear law clerk family,
including many NYU graduates
and my superb judicial assistant
from the very first day, Dominique Welch.
As I look into this
room and see your faces
of new and old friends,
each of you share a commitment
to make the world a better place.
Separately, and together,
you are unstoppable forces for good.
I want always never to disappoint you
as you have never disappointed me.
To the students here, I say,
look around you and have
conversations during the reception
with the remarkable
human beings around you.
To the students here
I say whatever you do,
remember your commitments as lawyers
to work for justice to
serve those in need.
There is no higher calling,
than to assist those in need.
As a great mentor of mine
who's been mentioned,
Senator Moynihan said, "Each
of us has an obligation
"to each other and to
the broader community,
"to be reflective as to how
we meet those obligations.
"Each of us has an obligation
to do not what is easy,
"but what is right."
So I wish for you, each of
you here, in all that you do,
first, most importantly, good health,
much fulfillment and much happiness.
I thank the Annual
Survey for this evening,
which I will always remember and savor.
Thank you.
(applause)
