Shawn Patrick Regan
I write this column on the thirtieth anniversary of the date on which I was offered the opportunity to serve as a judicial clerk at the Mother Court. Like most who have had the good fortune to be selected to serve as a federal judicial clerk, it was a most rewarding early-career experience. My mentorship by Judge Kevin Duffy, whose lessons I recall and quote often, and my friendships with my co-clerks, with my brothers-and-sisters-at-law and with my fellow clerks to other judges from that period have added immense richness to my life professionally and personally. I was reminded of that just two nights ago, when I saw one of those colleagues unexpectedly at a Knicks game and joyous hugs ensued between not only us, but also our family members.
The day I received (and immediately accepted) that clerkship offer also would have been the 100th birthday of my great-grandfather. This coincidence was especially meaningful because some of my first memories were with him – riding in his car, picking raspberries at his old family farm or scavengering for valuable scrap metal and repairable household items discarded by others at the city dump. One of my sons is named after his surname.
It also is, most importantly, the thirtieth anniversary of the day on which my wife and I became engaged. It was a tremendous few hours. (Yes, the proposal had been planned well before the clerkship offer came.) She is, by far, the best lawyer and person in our family. This column is not long enough to begin to describe how lucky I was that day.
And one year later, it also became the day on which I received the offer to join the terrific law firm where I would begin my legal career and from which I gained so many friends and mentors, Cahill Gordon & Reindel.
Researchers say that observing anniversaries is important because doing so provides the opportunity to reflect, reconnect and shape our identity, as well to foster gratitude, process grief, bolster commitments and/or learn from the past. Of course, observing and learning from the past is also a central feature of the common law system.
As individuals, and as a community, we have many anniversaries worth observing.
This and future issues of the Federal Bar Council Quarterly will shed light on a few anniversaries worth noting, including some Council events to observe those anniversaries in the coming year. Please let us know if you have ideas.
Pierce v. Society of Sisters Turns 100
In this issue, author Layaliza Soloveichik marks the 100th anniversary of the Supreme Court’s landmark decision in Pierce v. Society of Sisters, 268 U.S. 510 (1925).
That decision has reportedly been cited in more than 100 other Supreme Court opinions on a broad range of topics, including parental rights, religious liberty and application of the Fourteenth Amendment’s Due Process Clause as a bar to state legislation impairing personal liberties. The historic context in which it arose – hostility toward certain religions and concerns about the influence of immigrants and foreign values – is also notable.
Layaliza’s article captures her interview of Cardinal Timothy Dolan regarding Pierce.
With Cardinal Dolan’s recent resignation and the ever-present dialogues about education, parental rights, due process and the First Amendment freedom of religion, Layaliza’s interview and article provides a timely opportunity to learn from the past and inform our own views. I encourage you to read it.
Semiquincentennial
In July, as I noted in my last column, our Nation will celebrate the 250th anniversary of the Declaration of Independence, our Semiquincentennial.
That anniversary provides a powerful opportunity to learn, be reminded, teach and rededicate ourselves to the principles reflected in the Declaration.
We have begun working with various judges and Council members on planned celebrations and initiatives. They will include opportunities with the Summer Justice Institute program educating high schoolers, the Judiciary and the Arts project, lectures, immigration ceremonies, historic reenactments and more.
Please consider how you would like to contribute and let me know.
September 11 – 25 Years That Seem Like Yesterday
In September, we will also mark twenty-five years since September 11. There will surely be many events around New York City and the Nation respecting the harrowing and heroic events of that day and the resilience that ensued.
Among our events will be programs at our annual Fall Retreat from October 16 to October 18 in Saratoga.
A highlight of the Fall Retreat will be a screening of the renowned documentary film, recently completed by our member Joe DeMarco, recounting the events and aftermath of September 11 through the lens of numerous members of the U.S. Attorney’s Office for the Southern District of New York at that time. The film was conceived, written, narrated and created by Joe, with assistance from Mary Jo White.
Our substantive Fall Retreat programs will focus on numerous ways those events changed law in areas in which Council members practice. Some examples may include:
– The PATRIOT Act;
– Developments in Anti-Money Laundering, Know Your Customer, Customer Due Diligence and sanctions regimes, including attendant privacy-intrusive collection and analysis of routine data and financial transactions;
– Creation of governmental agencies such as the Department of Homeland Security, as well as new state and municipal anti-terrorism agencies;
– The “Surveillance State” and the symbiosis (good and bad) between commercial data aggregators, businesses and government as it relates to data;
– Acceptance and routinization of data collection (facial recognition, biometrics, door cameras, drones, etc.);
– Regulation and approaches to cross-border data sharing; and
– AI and the use of AI in terrorism prevention and law enforcement (among other uses).
There also are many ways in which September 11 changed the culture of how we think about the law, law enforcement, data, free speech and civil liberties. These are just a few examples of potential programs.
I hope you will join us in observing these and other anniversaries over the coming year and share your ideas with me.