The case came before the California Supreme Court after nearly eight years of litigation, which began with a class action lawsuit brought by the ADA that was resolved by a settlement agreement allowing trained non-medical school personnel to administer insulin when a nurse is not available. That provision of the settlement was challenged in the current lawsuit by several nursing organizations. The California Supreme Court agreed with the ADA’s position that state law allows school personnel, who are not nurses, to volunteer and be trained to help children with the insulin they need to survive and thrive at school.
As Chair of Legal Advocacy for the ADA for the past three years, and a member of the Legal Advocacy Subcommittee since 2004, Alan Yatvin has been involved in the decision making and strategy of the litigation. Following the issuance of the decision, Alan was interviewed by the Wall Street Journal:
As I have nearly every January since 1985, I traveled to New York City to teach at the Benajmin N. Cardozo School of Law Intensive Trial Advocacy Program (ITAP) on January 7-10. ITAP, a cornerstone of Cardozo’s practical skills curriculum, is a two week immersion course where students learn cutting edge strategies for courtroom litigation using the National Institute for Trial Advocacy (NITA) model. In a “master class” approach to learning, students practice direct and cross-examinations, interviewing and preparing witnesses, selecting juries, dealing with evidentiary issues, and preparing for and presenting bench and jury trials.
Here are a few pictures from the December 4, 2012 reception of the Criminal Justice Section of the Philadelphia Bar Association, where Alan Yatvin was presented the 2012 Thurgood Marshall Criminal Justice Award. Read more at the Section’s blog.
In honor of the namesake of the award I am receiving today, Thurgood Marshall, here is a link to a piece I had published in The Legal Intelligencer in 2004, on the occasion of the 50th anniversary of the Supreme Court’s school desegregation decision in Brown v. Board of Education.
Unfortunate timing has me heading home from The Hague on Monday, one day before the Appeals Chamber of the International Tribunal for the Former Yugoslavia (ICTY) renders its judgment on the appeal of my former client, Milan Lukic. I was appointed to represent Lukic in April of 2006, following his arrest in Argentina and transfer to the ICTY in The Hague.
The Prosecutor sought re-transfer of Lukic and his cousin to the jurisdiction of the national courts in Bosnia and Herzegovina (BiH) pursuant to Rule 11bis. Lukic had been convicted in absentia in Serbia, and he was quite notorious in BiH, so transfer from the security of the United Nations Detention Unit to a jail in BiH might well have resulted in his death.
Alan Yatvin received the Thurgood Marshall Award from the Philadelphia Bar Association’s Criminal Justice Section at a reception on December 4, 2012.
The Thurgood Marshall Award is the highest honor given by the Criminal Justice Section. It is presented to a person who exemplifies the ideals of Justice Thurgood Marshall’s career. The Award is given for long-time service, not an individual event, although a specific event can be the triggering factor, and is awarded to a person who has devoted time, energy and talent to improving the standards of justice in the Philadelphia and Pennsylvania courts. The Award recognizes significant accomplishments in improving the administration of criminal justice and in achieving the goals of the Criminal Justice Section, and recognizes distinguished service consistently rendered over a considerable period of time.
Today I am off to The Hague, The Netherlands, for the Annual Training and General Assembly of the Association of Defence Counsel Practising before the International Criminal Tribunal for the Former Yugoslavia (ADC-ICTY) on 30 November and 1 December (using European date formats is part of the travel prep). Topics include: Best Practices of Defence Counsel – A View from the Bench, Ethical Considerations for Defence Counsel, The Residual Mechanism, and Review of Appeal Judgements.