Contact: Darren
Johnson, Director of Communications
(631) 421-2244, ext. 383,
djohnson@tourolaw.edu
May 30, 2004
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Chief Judge Judith Kaye's Address at Touro's 22nd Commencement
Graduates and
Guests: First and foremost, heartfelt congratulations to the
Class of 2004, and to every one of you here--faculty,
administration, family, friends--all of you beaming with pride
over the graduates. I’m beaming too. I am delighted to
become an honorary part of your class, and especially pleased
to address you with Howard Glickstein here as Dean.
In anticipation of
today, I’ve been monitoring carefully the field of
commencement oratory, always on the lookout for the key to
reaching the graduates, to finding that magic message that
they will remember the rest of their lives.
Sadly, my research
has shown absolutely no change in commencement audiences over
the past two decades. In fact, nothing seems to have changed
over the last two centuries. At my own alma mater, law school
graduates in 1897--by the way, I was not part of that
class--announced that they were “utterly convinced that
commencement speeches are altogether devoid of interest to an
audience.”
That’s
disheartening, but understandable. It’s a well-known fact
that while commencement addresses may be included in
anthologies, posted on the Web or published as articles--Anna
Quindlen even turned hers into a book--the speeches are never
actually remembered by anyone. The graduates’ minds are
overflowing with joy and celebration--that’s as it should
be--their years of institutional captivity ended. And
families and friends are focused on their own sense of
excitement, achievement and pride. That’s as it should be
too.
Of course there are
exceptions to that rule. Robert DeNiro, for one, gave a
memorable speech to graduates: “Break a leg.”
Who can forget
those inspiring words? Anyway, that was college. And no one
expects a lawyer or a judge to give a three-word speech when
3,000 words will do nicely.
With a full
appreciation, then, of the traditional, distracted
commencement audience, I focused my research on Touro’s Class
of 2004--who you are, what your expectations are, what worries
you most about the future. This presented a logistical
challenge. “Knowing your audience” for lawyer advocacy
usually means having a sense of one judge, or a jury of
twelve, or an appellate panel of three, five, seven or even
nine judges. But you’re hundreds. And the court system has
no marketing department to survey what 2004 law-degree
recipients will pay to see a movie or, more relevantly, what
will keep them from nodding off while the Chief Judge speaks.
So I invited three
members of the Class of 2004--La-Keshia Dandy, Aileen
Kavanaugh and Zaki Tamir--to my Chambers, and we spent some
terrific time together getting to know one another and getting
to know you.
I learned, for
example, that you are actually happy to be finishing law
school, to have reached this milestone in your lives, that
looking ahead you feel a bit anxious but well prepared by
brilliant, caring professors, small classes and warm
relationships to pursue interests you developed here. You
leave Touro with a strong commitment to community service, and
public service, and to this law school. But what moved me
most of all during our meeting were their words about your
attachment to your fabulous Dean. They described him as I
know him too: a modest, self-effacing person of great
accomplishment who rebuffs personal praise and exemplifies our
profession’s highest commitment to civil rights and equal
opportunity.
As a matter of
fact, I see a real connection between your graduation and two
extraordinary legal subjects.
The first
extraordinary subject is the golden anniversary, precisely two
weeks ago, of Brown v. Board of Education, quite
possibly the most significant decision in our nation’s
history. Brown was the result of two decades of
planning and effort by a group of skilled, courageous
lawyers, That case, as you know, has been a catalyst for
remarkable change in our law and in our society. Critics of
Brown insisted that “the law can’t change people”--I
remember that so well. But they were absolutely wrong.
Brown proved that the law can change people, it
can change attitudes--and it did--although that did not
happen overnight. Indeed, the process is still ongoing. And
it did not happen without the continuing dedication of skilled
and courageous lawyers, to this very day.
Which brings me to
my second extraordinary subject, Howard Glickstein, who steps
down as Dean in just 30 days. Although, thankfully, he will
remain part of the Touro family and part of our lives, the end
of his deanship is the end of an era in the history of this
law school--from its very beginnings, to accreditation, to
maturity as an institution, to setting the stage for moving to
a new home in Central Islip.
What interests me
most about Howard Glickstein on this particular Law School
commencement day, in the golden anniversary year of Brown v
Board of Education, is his own stellar life in the law.
And that is the inspiration for the core of my message today.
The day Brown
was announced--May 17, 1951‑‑Dean Glickstein was himself a
graduating law student, in New Haven, Connecticut. He
remembers exactly where he was when he heard the news, since
his interest in civil rights had begun back in high school.
His initial career choice after law school was a large New
York City law firm, but as the civil rights movement took
shape, he felt he just had to be a part of it. He knew that,
as a lawyer, he had the skills--and he had the
responsibility--to work for change in society.
For Howard
Glickstein, as for so many lawyers, success in the practice of
law was never defined by the biggest salary or the most
prestigious firm. He saw success in terms of righting wrongs,
ending invidious discrimination, changing attitudes, helping
people in trouble, confronting and overcoming injustice.
If you’ve examined
the story behind Brown v. Board of Education, you know
that a fortuitous change of personnel in the United States
Supreme Court--the death of Chief Justice Fred Vinson followed
by the appointment of Earl Warren--was a key factor in the
outcome of the case. It’s not at all clear how the case would
otherwise have turned out.
Well, a fortuitous
change in leadership of the Civil Rights Division of the
Department of Justice in 1960 opened a door for Howard
Glickstein that had otherwise been closed. Dean Glickstein
tells the story of the sacrifices he made--and I’m not
referring to the perks of large firm law practice. The new
man in charge, Harold Tyler, told him that, in his new job, he
would have to give up membership in the American Civil
Liberties Union. Glickstein then asked, “But what about my
membership in the NAACP?” He pointed out that, as a
lifetime member of the NAACP, the only way he could give
up that membership was by “jumping out of a window.”
Fortunately for all of us, they found another solution.
What followed was
what Dean Glickstein calls--until Touro‑‑the best, most
exciting job of his life, in Washington, writing Supreme Court
briefs and helping to draft legislation like the Civil Rights
Act of 1964 and the Voting Rights Act of 1965. Just to give
you a taste of how heady these years were, you should know
that (with a little help from Google) I learned from the daily
presidential diary posted on the Internet that on Tuesday,
April 4, 1978, between 12:20 and 12:25 p.m., in his capacity
at the time of Director of the Task Force on Civil Rights
Reorganization, Howard A. Glickstein met with President Jimmy
Carter to discuss reorganization of the civil rights
agencies. By the way, after that meeting, the President left
to have lunch in the second floor residence with the First
Lady and three Carter relatives. Isn’t the Internet great?
Isn’t Dean Glickstein great?
Before he turned to
academia and the development of a new generation of lawyers,
Dean Glickstein remained directly involved in civil rights
litigation for many years, in different posts. That is, that
unquestionably will always be, a passion of his.
The coincidence of
the road to Brown and the career path of Dean Howard
Glickstein reminds us all that ours has been‑‑and it
remains‑‑truly a noble profession. That’s an especially good
reminder at a time when graduates are weighed down by concerns
about law school debt, the bar exam and finding a job, as well
as regrettable public views and jokes about lawyers. It’s
sometimes easy to lose sight of how great it is to be a
lawyer, how vital the Bar has been, and is, to the best of
America.
You’ve heard from
your classmates today what their personal expectation
is about the practice of law. Mine is personal testimony
based on actual experience after 42 years as a lawyer.
Like your Dean,
lawyers of learning, dedication and integrity throughout
history have battled injustice, and planned legal strategies,
and litigated cases, and written briefs, and drafted and
advocated for laws that have opened doors of opportunity for
all of us, irrespective of race, or ethnicity, or gender, or
sexual orientation. Indeed, much of our nation’s progress
toward a fairer, better society has been the result of the
efforts of lawyers.
Every day of the
week, all around us, lawyers help to secure rights and punish
wrongs. They are in our housing courts helping poor families
avoid homelessness, and in our family courts protecting abused
and neglected children, and in our drug courts helping
addicted offenders reclaim their lives. They are using their
skills to protect the environment; and helping clients obtain
government entitlements and compensation for injury; they are
assisting the disabled, the mentally retarded, the elderly;
they are at the side of a new home buyer, a musician, inventor
or CEO negotiating a contract, an entrepreneur starting a
company and a worldwide corporation defending antitrust
charges.
Lawyers are at the
hub of America’s economic, political and intellectual life.
They engender and implement ideas for artists, businessmen and
scientists, and they can influence their clients’ conduct
toward higher and higher moral and ethical levels. Have no
doubt: you made a great choice.
Whatever hopes and
aspirations drew you to the law and to this fine institution,
whatever dreams your families harbor for you as lawyers,
whatever ambitions brought you here--whether you choose a life
of public service, or private practice, or teaching, or
something entirely different--it is important to remember
always that ours is a public profession. It demands not
simply personal and professional integrity, but also that we
give back something to the community for the privileges and
opportunities we enjoy as lawyers. It is a sad reality that
so many in this state and nation are left to fend for
themselves because they cannot afford a lawyer. This is a
situation that we as a profession and as a democratic society
simply cannot tolerate. You can make the difference.
As lawyers, we each
have the ability to make the profession, and the practice of
law, less respected, less humane. And conversely, we have the
ability, each of us individually, to make the profession
better understood, more respected, more humane. We can do
this by rendering competent service, and by reaching out to
the public to help address the vast unmet legal needs in our
society. And we can do this by treating clients as well as
treating one another--associate or adversary--with decency and
dignity.
There’s another side to being part of a profession--and here I
think of Touro’s nurturing environment that your classmates told
me about. At this law school, people of diverse ages,
backgrounds and goals have over the past few years shared one
another’s notes and insights, their joys and disappointments.
That’s what comes of being part of a cohesive group. As you’ve
discovered, it can be a source of enormous personal strength.
Well, that sort of bond is also something lawyers enjoy, and can
draw strength from, as members of a profession. You are not in
this alone. There are others who share your ideals and
enthusiasm, your issues and concerns. By working together
within the Bar, each of you will be better able to sustain your
own core values and address the profession’s core problems.
In conclusion, my
special wish for each graduate today is that you have the
extraordinary privilege you have allowed me--that you will be
invited (as a Chief Judge, public official, accomplished trial
lawyer, business mogul, whatever) to address law graduates, to
tell them what a truly great profession this is, and to share
with them the opportunities it has afforded you in your lifetime
to fulfill your ambitions, to help others, to make this world a
better place. And if you are really, really lucky (as I am
today) you will have seated alongside you a phenomenal example
like my friend Howard Glickstein, tangible evidence of a happy
life, a good life, a meaningful life, an important life in the
law. May you have the courage and the commitment always to
pursue the ideal of justice.
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