By: Timothy Casey
The Honorable Kevin Thomas Duffy of the Southern District of New
York stands out among his distinguished colleagues and personifies
the type of judge needed for a twenty-first century America that
has come too close to irreparable harm. This essay asserts
that three distinctive qualities make the Judge an exemplar for his
colleagues and illuminate a jurisprudence much needed in our
troubled times. The first quality is a learned appreciation
of the expansive breadth of precedent, drawing not only from legal
resources, but also from history, philosophy and the great minds of
Western thought. The second quality is an uncompromisingly
high expectation of the men and women who practice before
him. The third quality is an independent spirit that attempts
to inject clarity and justice into the controversies that reach his
courtroom, as manifested in such famous and diverse cases as the
Iranian Assets litigation, the trial of the 1993 bombers of the
World Trade Center, and Grand Upright Music v. Warner Bros.
Records, the first decision to address the issue of digital
music sampling. The essay concludes that in an era where the
jurisdiction of the courts is routinely encroached upon by other
branches of government, Judge Duffy’s distinguished career on the
bench demonstrates that such attempts to usurp the power of the
judiciary may be both unconstitutional and ill advised.