Tag: Court of Appeals

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NAPABA Disagrees with Eighth Circuit Decision Undermining Section 2 of the Voting Rights Act of 1965


For Immediate Release: 
Date: November 27, 2023 		Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON – Since 1965, our Nation relied on the promise of Section 2 of the Voting Rights Act. It prohibits state and local governments from advancing any election or voting standard that discriminates on the basis of race or color. For decades, private parties brought numerous enforcement actions under Section 2, which became a critical tool to realize Section 2’s fundamental guarantee of equal voting rights for all Americans. Even the Supreme Court of the United States, as it invalidated a separate part of the Act in Shelby County v. Holder, 570 U.S. 529 (2013), recognized the ability of private parties to enforce Section 2 through litigation, observing not only that “individuals have sued to enforce [Section] 2,” but also that “Section 2 is permanent [and] applies nationwide.” And just this past term, in Allen v. Milligan, 599 U.S. _ (2023), the Supreme Court decided a Section 2 claim in favor of private litigants challenging Alabama’s congressional districting plan.

The United States Court of Appeals for the Eighth Circuit, however, seeks to chart a different course. On November 20, 2023, in a 2-1 decision that disregards decades of precedent, the court held in Arkansas State Conference NAACP v. Arkansas Board of Apportionment that private parties may not bring enforcement actions under Section 2. In its view, only the Attorney General of the United States may do so.

We disagree. Nothing in the plain text of Section 2 compels this result. Considering the long history of Section 2, coupled with Congress’s explicit countenance, the private enforcement mechanism is a central feature of Section 2’s protection of equal voting rights. The Eighth Circuit’s decision, which comes less than a year before the 2024 presidential election, risks upending widespread reliance on a core protection of the Act. If left intact, it leaves any vindication of Section 2 rights to the sole discretion of one government official rather than with the voters themselves.

While this litigation continues, NAPABA continues to call on Congress to strengthen the Voting Rights Act by restoring the Act’s coverage in the aftermath of Shelby County, maximizing the full protections for all eligible Americans to vote, and prohibiting voter suppression efforts that impact the Asian American community along with other communities of color.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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NAPABA Applauds the Nomination of Judge Loren L. AliKhan and Susan K. DeClercq to the U.S. District Court 


For Immediate Release: 
Date: May 3, 2023 		Contact: Priya Purandare, Executive Director

WASHINGTON – Today, President Biden nominated Judge Loren L. AliKhan to serve on the U.S. District Court for the District of Columbia and Susan K. DeClercq to serve on the U.S. District Court for the Eastern District of Michigan. If confirmed, Judge AliKhan would be the first South Asian woman to serve on U.S. District Court for the District of Columbia and the only active AAPI woman judge on that court. Ms. DeClercq would be the first federal judge of East Asian descent in Michigan.

“NAPABA congratulates Judge AliKhan and Susan DeClercq on their nominations,” said Sandra Leung, president of NAPABA. “Judge AliKhan is a highly respected jurist with exceptional service to the citizens of Washington DC. Ms. DeClercq is an experienced prosecutor with experience in both private practice and corporate law. We applaud President Biden for nominating this slate of highly qualified AAPI nominees. We urge the Senate to confirm them swiftly.”

President Biden nominated Judge AliKhan to the District of Columbia Court of Appeals on September 21, 2021, and the U.S. Senate confirmed her with bi-partisan support on February 22, 2022. Upon her confirmation, Judge AliKhan was the first AAPI judge to sit on the District of Columbia Court of Appeals. Before her confirmation, she served as the Solicitor General of the District of Columbia, where she directed the District’s appellate litigation and has overseen more than 1,800 appeals before the D.C. Court of Appeals, the U.S. Court of Appeals for the D.C. Circuit and the Supreme Court of the United States. Judge AliKhan has the support of NAPABA’s affiliate, the  Asian Pacific American Bar Association of the Greater Washington DC Region. She has been recognized with the Public Sector Trailblazer Award by the South Asian Bar Association of Washington D.C. and previously clerked for the Hon. Thomas L. Ambro on the U.S. Court of Appeals for the Third Circuit, and the Hon. Louis Pollack on the U.S. District Court for the Eastern District of Pennsylvania. AliKhan is a graduate of Bard College at Simon’s Rock and the Georgetown University Law Center.

Susan K. DeClercq has been Director and Counsel of Special Investigations at Ford Motor Company in Dearborn, Michigan since 2022. Ms. DeClercq previously served as an Assistant U.S. Attorney and Chief of the Civil Division since March 2014. Before joining the U.S. Attorney’s Office in September 2004, Ms. DeClercq was an associate at Skadden, Arps, Slate, Meagher, and Flom in Washington, D.C., and she clerked for Judge Avern Cohn on the U.S. District Court for the Eastern District of Michigan. Ms. DeClercq received her J.D., magna cum laude, from Wayne State University School of Law in 1999 and her B.A. from the University of Michigan in 1995.

NAPABA thanks Senators Stabenow and Peters of Michigan and Delegate Norton of Washington, D.C., for recommending and supporting these nominees.

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In the News: Karen King Writes on her 9-0 Victory at the United States Supreme Court in Golan v. Saada

On October 7, 2022, Law360 published a piece written by AABANY Member Karen King titled “Key to a 9-0 Court Win: Look for a Common Ground.” Karen argued before the Supreme Court in March 2022 in Golan v. Saada, in which the Court decided in favor of Karen’s client in an unanimous 9-0 decision. Karen is a Partner at Morvillo Abramowitz Grand Iason & Anello, Co-Chair of AABANY’s Pro Bono and Community Service Committee, and an active member of AABANY’s Anti-Asian Violence Task Force. 

Karen has had an impressive and storied career, with accomplishments reaching back to before her time as a litigator. She was president of the debate team in high school and at Yale University, where she majored in philosophy and political science. After Yale, Karen received her J.D. from Harvard Law School and started her career at Cravath. Two decades later, Karen continues to appear in federal and state courts on behalf of corporate clients while also taking on pro bono clients, being named a “Notable Woman in Law” by Crain’s New York Business and receiving both the Federal Bar Council’s Thurgood Marshall Award for Exceptional Pro Bono Service and the National Asian Pacific Bar Association’s Pro Bono award. Her pro bono clients include victims of discrimination, survivors of domestic violence, students with learning disabilities, victims of gun violence, and prisoners in civil rights issues. 

In the article, Karen writes about the strategies and steps her team undertook to prepare for arguing Golan v. Saada before the Court. 

The case concerned an Italian citizen who filed a petition with the U.S. District Court for the Eastern District of New York to return his child to Italy through the Hague Convention on the Civil Aspects of International Child Abduction. Narkis Golan, the child’s mother, petitioned the court to prevent the child’s return to Italy, as the father’s history of abuse would put the child at a risk of psychological harm. The Court of Appeals for the Second Circuit and the District Court for the Eastern District of New York agreed that the child could be required to return to Italy by finding “ameliorative measures” to prevent such harm to the child. When Karen brought the case to the Supreme Court for Golan, the issue was whether, under the Hague Convention, courts must consider all possible “ameliorative measures” which would lead to the return of a child to their country of habitual residence. The Court ruled in favor of Karen’s client, finding that courts are not obligated to find options that will enable the child’s safe return before denying return based on a risk of harm. Karen describes in her article how she and her team navigated the diverse judicial philosophies of the Court’s justices to achieve a 9-0 victory. 

Karen and her team took a keen interest in the judicial philosophies and oral argument preferences of justices on the Court to draw broad support from the bench. For example, Karen argued that the Second Circuit’s requirement to consider “ameliorative measures” which would favor return was an outcome not grounded in the text of the Hague Convention—an approach smartly tailored for textualist justices. Karen also writes that this case demonstrated how oral arguments offer not just opportunities for petitioners and respondents to emphasize certain legal points, but also chances to shape the justices’ thinking on the case. 

In addition to demonstrating shrewd foresight through a textualist argument, Karen also underscored the importance of children’s interests in the Hague Convention text. These approaches to Karen’s oral argument performance were reflected in the Court’s opinion, where Justice Sotomayor remanded the case back to the U.S. District Court for the Eastern District of New York. The justice drew upon the textualist ideas and child interest issues which Karen had brought forth during oral argument. 


Karen’s article also reflected on the challenges she faced in preparing for oral argument at the Court for this case, as COVID-19 restrictions and partisan tensions reached new heights during preparations. 

Lastly, Karen’s presence alongside two other Asian American litigators at oral argument before the Court places this case in Asian American legal history. The strategies Karen outlined for stellar advocacy go far beyond Golan v. Saada. As an Asian American community leader, Karen advocates for greater diversity in courtrooms and law firms, guides young litigators, and gives back to communities through pro bono work. AABANY is proud to see the inspiring work Karen King has done inside and outside of her role as a litigator, and we are excited to see how else she will continue to be a leading example for the Asian American community. 

The full article can be found at:

https://www.maglaw.com/media/publications/articles/2022-10-07-morvillo-abramowitz-partner-karen-king-mentioned-in-law360-article

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AABANY Joined by NAPABA and Several New York Bar Associations call on Gov. Hochul to Reject the New York City Bar Association’s Rating of Hon. Jeffrey K. Oing

On December 16, AABANY sent a letter to Governor Hochul calling on her to reject the New York City Bar Association’s “not well qualified” rating of Hon. Jeffrey K. Oing. AABANY was joined on the letter by the National Asian Pacific American Bar Association (NAPABA) and the following New York bar associations:

  • Defense Association of New York
  • Filipino American Lawyers Association of New York
  • Jewish Lawyers Guild
  • Korean American Lawyers Association of Greater New York
  • New York State Trial Lawyers Association
  • Puerto Rican Bar Association
  • South Asian Bar Association of New York

The letter can be found here.

The Women’s Trial Lawyers Caucus separately sent a letter to the Governor indicating its support for both Justice Oing and the call to reject the “not well qualified rating.”

All signatories were unanimous in calling on the Governor to reject the bizarre outlier rating given by the New York City Bar Association, with reference to the New York Law Journal article (subscription required) from Dec. 14 about the controversial and unusual rating.

AABANY stands by its statement released on December 12 endorsing Justice Oing as the most highly qualified candidate for the Chief Judge of the New York Court of Appeals and continues to urge the Governor to nominate him as Chief Judge.

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Commission on Judicial Nomination is Seeking Applications for Chief Judge of the New York Court of Appeals and State of New York

July 29, 2022

Contact: Henry M. Greenberg, Counsel

Phone: (518) 689-1492

e-mail: [email protected]

FOR IMMEDIATE RELEASE

Yesterday, the Commission on Judicial Nomination was formally notified by the Clerk of the Court of Appeals of the State of New York of the coming vacancy on the Court created by the resignation of Chief Judge Janet DiFiore, effective August 31, 2022.  Accordingly, the Commission is taking up the task of seeking recommendations and applications of persons who may be qualified to serve as Chief Judge of the Court of Appeals, as well as Chief Judge of the State of New York. 

Candidates for Chief Judge DiFiore’s vacancy may download an application from the Commission’s website (www.nysegov.com/cjn) or contact the Commission’s Counsel, Henry M. Greenberg, c/o Greenberg Traurig, LLP, 54 State Street, 6th Floor, Albany, New York 12208 [Tel.: (518) 689-1492; e-mail: [email protected]; Fax: (518) 689-1499].  Applications may be filed electronically by e-mailing them to [email protected] or submitted by mail to the Commission’s Counsel.  Applications must be submitted to the Commission no later than August 29, 2022.

The Commission was created by Article 6, § 2 of the New York State Constitution.  Consistent with its mandate, the Commission is entrusted with responsibility for evaluating, and then recommending to the Governor, candidates to fill vacancies on the Court of Appeals.  The Commission vigorously seeks out, carefully evaluates and then shall nominate to the Governor seven well-qualified candidates for the office of Chief Judge from the extraordinary, diverse community of lawyers admitted to practice in New York State for at least ten years.  The Governor’s appointment is subject to confirmation by the New York State Senate.

To fill past judicial vacancies on the Court, the Commission has nominated to the Governor a wide variety of lawyers, including private practitioners, public interest attorneys, law professors, government officials and sitting Federal and State judges. While prospective candidates must file an application with the Commission, recommendations may be made by anyone who believes that a prospective candidate could be an excellent Chief Judge of the Court of Appeals and the State of New York.  Recommendations of qualified candidates for a vacancy are encouraged and may be made to the Commission’s Counsel.  

If any person or organization wishes to receive copies of future Commission press releases, please provide an e-mail or mailing address to the Commission’s Counsel.  The Commission will register the address and make every effort to distribute future press releases in the designated manner.  Persons interested in learning more about the Commission are encouraged to visit its website: www.nysegov.com/cjn.

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NAPABA Applauds the Nomination of Ketanji Brown Jackson to the U.S. Supreme Court

Released: February 25, 2022

Contact: Mary Tablante, Associate Strategic Communications & Marketing Director

WASHINGTON –Today, President Biden announced the nomination of Judge Ketanji Brown Jackson to serve on the U.S. Supreme Court. Judge Jackson clerked for Justice Breyer and currently serves on the U.S. Court of Appeals for the District of Columbia.

A.B. Cruz III, acting president of NAPABA, released the following statement:

“NAPABA congratulates Judge Jackson on her historic nomination to serve on the U.S. Supreme Court. She is a brilliant legal scholar and is well qualified to serve on the Court.

“President Biden’s promise to appoint the first Black woman to the Supreme Court underscores his commitment to diversifying our judiciary. Notably, women and persons of color, including Asian Americans, Native Hawaiians, and Pacific Islanders, continue to be underrepresented on our courts.

“If confirmed, Judge Jackson will be the sixth woman and third black Justice in our nation’s history to have served on the Court.

“We thank President Biden for nominating Judge Jackson and we urge the Senate to confirm her swiftly.

“NAPABA thanks Justice Stephen Breyer for his service on the Court and his mentorship of many NAPABA members who will continue his legacy in the legal profession and on the courts.”

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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NAPABA Celebrates the Confirmation of Lucy H. Koh to the U.S. Court of Appeals for the Ninth Circuit

WASHINGTON- On Dec. 13, the U.S. Senate confirmed Judge Lucy H. Koh to the U.S. Court of Appeals for the Ninth Circuit. Judge Koh is the first Korean American female federal appellate judge in the nation’s history.

“NAPABA congratulates Judge Koh on her historic confirmation to the Ninth Circuit to become the first Korean American female federal appellate judge in the United States,” said Sid Kanazawa, president of NAPABA. “Judge Koh is a devoted public servant, a trailblazer, a mentor to young lawyers, and a dear friend. She has and continues to make us so proud.

“Thank you, Senators Feinstein and Padilla for recommending Judge Koh. Thank you, President Biden for nominating her. And thank you Leader Schumer for announcing, during our annual NAPABA Convention, that Judge Koh would receive a floor vote.”

In 2010, Judge Koh made history, becoming the first Korean American federal district court judge when she was unanimously confirmed to the U.S. District Court for the Northern District of California. Prior to the federal bench, Judge Koh has served on the Superior Court of California, in the U.S. Department of Justice, as special counsel in the Office of Legislative Affairs, and as an assistant U.S. attorney. Her nomination had strong bi-partisan support, including from former California Governor Arnold Schwarzenegger. Judge Koh is a graduate of Harvard University and Harvard Law School.

The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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NAPABA Celebrates the Confirmation of Jennifer Sung to the U.S. Court of Appeals for the Ninth Circuit

WASHINGTON – Today, the U.S. Senate confirmed Jennifer Sung to the U.S. Court of Appeals for the Ninth Circuit. Judge Sung is the first AAPI to serve on the Ninth Circuit in Oregon—a state where Asians are the fastest-growing group and now make up six percent of the state’s population.

“NAPABA congratulates Jennifer Sung on her historic confirmation to the Ninth Circuit to become the first AAPI to serve in Oregon,” said Sid Kanazawa, president of NAPABA. “Judge Sung has a long career serving as an advocate for AAPIs and workers across the nation. We are thankful to Leader Schumer for bringing her nomination for a floor vote, Senators Wyden and Merkley for recommending Judge Sung, and President Biden for nominating her.

“Today there are twelve AAPI federal appellate court judges out of 179 and there has never been a AAPI on the U.S. Supreme Court. The confirmation of Judge Sung highlights an important and urgent need for greater representation of our community on the courts.”

Judge Sung is a member of the Oregon Employment Relations Board and was previously an executive board member of the New York chapter of the Asian Pacific American Labor Alliance. She was a partner at McKanna Bishop Joffe, LLP in Portland. Judge Sung is a graduate of Oberlin College and Yale Law School.

Judge Sung’s confirmation follows the confirmation of Judge Lucy H. Koh to the Ninth Circuit on Monday.

The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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NAPABA Applauds the Historic Judicial Nominations of John H. Chun, Dale E. Ho, Jinsook Ohta, and Loren L. AliKhan

WASHINGTON – On September 30, 2021, the White House announced its eighth slate of judicial nominees to serve on the Federal and Washington, D.C. benches, with four Asian American Pacific Islander (AAPI) candidates including several with strong ties to the National Asian Pacific American Bar Association (NAPABA). President Biden has nominated: Judge John H. Chun to serve on the U.S. District Court for the Western District of Washington; Dale E. Ho to serve on the U.S. District Court for the Southern District of New York; Judge Jinsook Ohta to serve on the U.S. District Court for the Southern District of California; and Loren L. AliKhan to serve on the District of Columbia Court of Appeals.

“NAPABA offers its congratulations to Judge Chun, Dale Ho, Judge Ohta, and Loren AliKhan on their nominations,” said A.B. Cruz III, president of NAPABA. “We applaud President Biden for putting forth a strong and historic slate of highly qualified AAPI candidates and for continuing to broaden the diversity of backgrounds and professional experiences to the bench. We urge the Senate to swiftly confirm them.”

Judge John H. Chun
Judge John H. Chun currently sits as a Judge on the Washington State Court of Appeals in Seattle, Washington, after previously serving as a judge on the King County Superior Court from 2014-2018. If confirmed, Judge Chun would be the first AAPI man to preside in the Western District of Washington. He has been recognized as a top Washington “Super Lawyer.” Judge Chun previously served as the President of the Korean American Bar Association of Washington and is also a member of the Asian Bar Association of Washington and NAPABA. He previously clerked for the Hon. Eugene A. Wright on the U.S. Court of Appeals for the Ninth Circuit. Judge Chun is a graduate of Columbia University and Cornell Law School.

Dale E. Ho
Dale E. Ho currently serves as director of the American Civil Liberties Union’s (ACLU) Voting Rights Project and supervises the ACLU’s voting rights litigation across the country. Notably, Ho has argued two crucial cases before the Supreme Court challenging the inclusion of a citizenship question on the 2020 Census and the exclusion of undocumented immigrants from the population count to determine apportionment for the House of Representatives. If confirmed, Ho would be the only active AAPI judge in the district. In 2019, Ho was the recipient of the NAPABA President’s Award and in 2017, was named one of the best Asian American Lawyers Under 40 by NAPABA. He is endorsed by the Asian American Bar Association of New York. Ho previously clerked for the Hon. Barbara Jones on the U.S. District Court for the Southern District of New York and Judge Robert S. Smith of the New York Court of Appeals. He is a graduate of Princeton University and Yale Law School.

Judge Jinsook Ohta
Judge Jinsook Ohta currently sits as a judge on the California Superior Court in San Diego. Previously Judge Ohta served as a Supervising Deputy Attorney General with the California Attorney General’s Office. If confirmed, she would be the first AAPI female judge to preside in the Southern District of California. Judge Ohta is a member of NAPABA and the Korean American Bar Association of San Diego. Judge Ohta previously clerked for the Hon. Barry Ted Moskowitz on the U.S. District Court for the Southern District of California. She is a graduate of Yale University and the New York University School of Law.

Loren L. AliKhan
Loren L. AliKhan currently serves as the Solicitor General of the District of Columbia where she directs the District’s appellate litigation and has overseen more than 1,800 appeals before the D.C. Court of Appeals, the U.S. Court of Appeals for the D.C. Circuit, and the Supreme Court of the United States. If confirmed, AliKhan would be the first AAPI judge to sit on the D.C. Court of Appeals. She is endorsed by the Asian Pacific American Bar Association of the Greater Washington DC Region. Alikhan has been recognized with the Public Sector Trailblazer Award by the South Asian Bar Association of Washington D.C., and previously clerked for the Hon. Thomas L. Ambro on the U.S. Court of Appeals for the Third Circuit, and the Hon. Louis Pollack on the U.S. District Court for the Eastern District of Pennsylvania. AliKhan is a graduate of Bard College at Simon’s Rock and the Georgetown University Law Center.

NAPABA thanks Senators Schumer and Gillibrand of New York, Senators Feinstein and Padilla of California, Senators Murray and Cantwell of Washington, and Delegate Norton of Washington D.C. for their support of these nominees.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
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In the News: The Hon. Denny Chin Inducted as the First Lawrence W. Pierce Distinguished Jurist in Residence

On September 14th, The New York Law Journal reported that Judge Denny Chin of the US Court of Appeals for the Second Circuit (and past AABANY President, 1992-93) became Fordham Law’s first ever Lawrence W. Pierce Distinguished Jurist in Residence. This distinction allows Judge Chin to continue his role as a Judge while devoting more of his time to teaching and building connections with the law students at Fordham. Judge Chin is especially excited to teach classes that deal with Asian Americans and the law saying the topic is “dear to my heart.” 

To read the full article, click here (subscription required).