Jay C. Carlisle II

  • Professor of Law Emeritus

Education

AB, University of California at Los Angeles
JD, University of California, Davis, School of Law

Professor Jay C. Carlisle, II was admitted to practice in New York (1970) and New Mexico (1972). He practiced law until 1975, when he was appointed the first full-time assistant dean at the SUNY-Buffalo Law School. He joined Pace in 1978 and has taught courses in the areas of civil procedure, professional responsibility, New York Practice and dispute resolution. He is the recipient of three Barbara Salken Outstanding Professor Awards, and was selected as Commencement Speaker by the graduating class of 2001. 

Professor Carlisle lectures for many continuing legal education providers, including the New York State Trial Lawyers Institute, the New York City Bar and the New York State Bar Association. The American Bar Association, the American Law Institute and the New York State Trial Lawyers associations have honored Professor Carlisle with awards for his CLE contributions.

Professor Carlisle has been appointed to statewide commissions and committees by three New York State governors and one Chief Judge. Governor. David Paterson appointed him a Law Revision Commissioner in 2009. Since 1999 he has been a referee for the New York State Commission on Judicial Conduct, and he has been a special master for the Supreme Court of New York since 1980. 

Professor Carlisle's scholarship has been cited by State and federal courts, including the New York State Court of Appeals and the U.S. Court of Appeals for the Second Circuit. He has testified as an expert witness on New York law before state and federal courts and before the International Court of Arbitration in Paris and the High Court of Appeal in London. Professor Carlisle completed graduate studies at Columbia University School of International Affairs (1969-70), and taught at the Pace London Law Program during the spring semesters of 1989 and 2009. 

He has taught as an adjunct and visiting professor at the SUNY-Buffalo, New York, Fordham, and Quinnipiac law schools.

Publications

SSRN

Books

Civil Pretrial Proceedings In New York (Co-Editor) West Publishing Co. (2 Volume Treatise ) (2000, 2001 editions and annual supplements through 2004)

New York Civil Practice. (co-editor) New York: Practising Law Institute, 1994 and 1995 volumes.

New York Litigation Forms. With others. Rochester, N.Y.(5 Volumes): Lawyers Cooperative Publishing, 1995.

Articles

Carlisle, "Jurisdiction" in DECISIONS 2021, published by New York State Trial Lawyers' Institute.

Carlisle, "The Burden of Proof" by Judge Philip Halpern, Westchester Lawyer, Vol. 8, No. 3 (March 2021).

Carlisle, "Guiliani Suspended from Practice of Law New York," Westchester Lawyer, Vol. 8, No. 10 (Oct. 2021).

Carlisle, "Tribute to Henry Miller," Westchester Bar Journal, Vol. 45, No. 1 (Fall 2020).

Carlisle, "Jurisdiction" in DECISIONS 2019, published by New York State Trial Lawyers Institute.

Jay C. Carlisle (With Matthew J. Shock) Significant Changes in Jurisdiction Over Foreign Corporations in New York, 43 Westchester Bar Journal 9 (2018).

Jay C. Carlisle (With Anthony DiPietro) The Life and Legacy of Chief Judge Lawrence H. Cooke: "Truly a Exemplary Life. A Life Well Lived, 80 Albany L. Rev. 1233 (2017).

Jay C. Carlisle (With M.J. Shock) The Constitutional Convention and Court Merger In New York State, 38 Pace L. Rev. 69 (2017).

Jay C. Carlisle, et. al. Paterno v. Laser Spine Institute: Did the New York Court of Appeals' Misapplication of Unjustified Policy Fears Lead to A Miscarriage of Justice and the Creation of Inadequate Precedent for the Proper Use of the Empire State's Long-Arm Statute?, Albany L. Rev. 1371 (2017).

"Festschrift for Dean Simon", 35 Pace 1124 (2015).

"Administrative Estoppel and the Fair Housing Act", New York Law Journal, Dec. 10, 2015).

"New York Jurisdiction Update, DECISIONS 2015", New York State Trial Lawyers Institute.

"New York State Court of Appeals Visits (And Then Re-visits) the Preclusive Impact of Administrative Finds of Fact in Subsequent State Court Actions", Westchester Lawyer (November 2014).

"Seeking Justice in the Empire State: Court of Appeals Broadens the Reach of Long Arm Jurisdiction and Clarifies the Statutory Guidelines for Application of CPLR Section 302(a)(1)", Vol. 77 No. 1 (2013/2014).

"Reversing Course: A Critique of the Court of Appeals New Rules for Unjust Enrichment and Criminal Legal Malpractice Actions" 76 Albany Law Review 1211 (2013).

"Justice James D. Hopkins: Jurist, Dean and Expert on New York Law” 33 Pace Law Review 3 (2013).

"Recent Developments in Tort Law" (Jurisdiction) DECISIONS 2012, (75pp) (2012).

"United States Supreme Court Restricts Jurisdiction" WCBA Newsletter (March 2012).

"Recent Developments in Tort Law" (Jurisdiction) DECISIONS 2011, (43pp) (2011).

"The Life and Legacy of B.J. Harrington (with Ottinger) Vol.37, No.1, Westchester Bar Journal, 15 (Spring/Summer 2010).

"Recent Statute of Limitations Developments In the New York Court of Appeals," 30 Pace Law Review 1158 (2010).

"A Tribute to William F. Harrington (with Ottinger)" 30 Pace Law Review 1140 (2010).

"Limits on New York Foreclosures", (Lead Article) Vol. 16. No. 2, Verdict (April 2010).

Carlisle, "Judith S. Kaye" in Roger K. Newman, ed., Yale Biographical Dictionary of American Law (2009).

"Recent Jurisdiction Developments In the New York Court of Appeals," 29 Pace Law Review 417 (2009).

"Second Circuit 2005 Res Judicata Developments," 24 Quinnipiac Law Review 351 (2006).

Jurisdiction and Service, Appearance and Choice of Court, Vol. 2, Weinstein, Korn & Miller, New York Civil Practice (Lexis Nexis Matthew Bender, 2005).

"Jurisdiction Update," in Decisions 2005 (2005).

"The American Bar Association's New Model Rules: Will They Be Adopted in New York: Update for New York Lawyers on Professional Responsibility & Ethics," 31 Westchester Bar Journal 35 (2004) (with Jeffrey Kerman).

"Graduation Remarks," 22 Pace Law Review 395 (2002). Reprinted in 28 Westchester Bar Journal 143 (2002).

"Second Circuit 2000-2001 Personal Jurisdiction Development," 21 Quinnipiac University L. Rev. 15 (Summer 2001).

"When a Client Threatens Suicide: The Lawyer's Duty of Confidentiality?" New York Professional Responsibility Reporter, Sept. 2001.

"Res Judicata Development," 20 Quinnipiac Law Review 75 (2000).

"Second Circuit Task Force," 19 Pace Law Review 431 (1999).

"Trying Cases: A Life in the Law," 9 Windsor Review 154 (1999).

"An Open Courtroom: Should Cameras Be Permitted in New York State Courts?" 18 Pace Law Review 197 (1998).

"Professional Responsibility: Recent Decisions by the New York State Court of Appeals and Their Impact on the Chief Judge's Proposals for Changes in the Legal Profession," 22 Westchester Bar Journal 211 (1995).

"Decisions Affect Attorney-Client Relationships: Judges Analyze Four Aspects of Regulating Legal Profession," New York Law Journal, October 3, 1994, at S10.

"Second Circuit Ruling in Conflict with Decision by New York Court of Appeals," New York Law Journal, June 6, 1994, at 1.

"New Federal Rules Effective on December 1, 1993," 20 Westchester Bar Journal 289 (1993).

"Long-Arm Jurisdiction in New York," New York Law Journal, April 5, 1993, at 1.

"Attorney Fees under Condo, Co-op Abuse Relief Act," New York Law Journal, July 21, 1993, at 1.

"Bar Urged to Obey Code and Do the Right Thing: Lawyers Have Obligations to Clients, Public, Colleagues," New York Law Journal, November 1, 1993, at S10.

"Civil Practice. (1992 Survey of New York Law)," 44 Syracuse Law Review 65 (1993).

"Civil Practice. (1991 Survey of New York Law)," 43 Syracuse Law Review 77 (1992).

"Panel Analyzes Sanctions for Frivolous Conduct in Civil Lawsuits," New York Law Journal, November 2, 1992, at S11.

"The Legal Profession: Panel Analyzes Sanctions, Admission Requirements," New York Law Journal, October 15, 1991, at S9.

Tribute. "Vincent L. Broderick—A Distinguished Jurist and Great Teacher," 16 Pace Law Review 209 (1996).

"Avoiding the Chancellor's Boot: Application of Sanctions in Federal District and Appellate Court Practice," 18 Westchester Bar Journal 287 (1991).

"Panel Analyzes Sanctions, Admission Requirements," New York Law Journal, October 15, 1991, at S9.

"New York Civil Practice. (1990 Survey of New York Law)," 42 Syracuse Law Review 343 (1991).

"Simplified Dispute Resolution for New York Civil Practice," New York Law Journal, August 14, 1991, at 1.

"Civil Practice. (1989 Survey of New York Law)," 41 Syracuse Law Review 63 (1990).

"English White Paper Law Reforms: An Outline for Equal Access to Justice?" 62 New York State Bar Journal 54 (January 1990).

"Issue Preclusion Affect of Criminal Convictions in Subsequent Civil Litigation," 17 Westchester Bar Journal 207 (1990).

"House of Lords Debates Drastic Legal Reforms," New York Law Journal, April 12, 1989, at 2.

"Administrative and Arbitral Issue Preclusion in Subsequent Judicial Proceedings," 16 Westchester Bar Journal 263 (1989).

"White Paper: An Outline for Improved Access to Justice," New York Law Journal, August 7, 1989, at 2.

"Senior English Judges Attack Legal Reforms," New York Law Journal, May 30, 1989, at 2.

"Radical Changes Proposed in English Legal System," New York Law Journal, February 3, 1989, at 2.

"Civil Practice. (1988 Survey of New York Law)," 40 Syracuse Law Review 77 (1989).

"Update: Sanctions for Frivolous Litigation and New Requirements on Attorneys' Escrow Records," 16 Westchester Bar Journal 25 (1988).

"An Introduction to the Committee on Professional Ethics for the Westchester County Bar Association," 15 Westchester Bar Journal 303 (1988).

"Simplified Procedure for Court Determination of Disputes under New York's Civil Practice Laws and Rules," 54 Brooklyn Law Review 95 (1988).

"Benjamin N. Cardozo: Sixty Years after His Appointment As New York's Chief Judge," with Janessa C. Nisley, 60 New York State Bar Journal 36 (January 1988).

"Civil Practice. (1987 Survey of New York Law)," 39 Syracuse Law Review 75 (1988).

"Civil Practice. (1986 Survey of New York Law)," 38 Syracuse Law Review 67 (1987).

"Comment on Article on Collateral Estoppel," New York Law Journal, July 27, 1987 at 2.

"CPLR 8308-a: Attorney's Fees Sanctions for Frivolous Claims and Defenses Filed in Tort Cases," 14 Westchester Bar Journal 273 (1987).

"Discovery of Documents in Control of Corporate or Government Nonparties under the Federal Rules of Procedure," New York Law Journal, July 1, 1987, at 9.

"Nonparty Document Discovery from Corporations and Governmental Entities under the Federal Rules of Civil Procedure," 32 New York Law School Law Review 9 (1987).

"Simplified Litigation Procedure Available in New York Courts," 39 Brooklyn Barrister 7 (November 1987).

"Civil Practice: Update on Comparative Negligence," 37 Syracuse Law Review 299 (1986).

"Ex Parte Communication by the Judiciary," 58 New York State Bar Journal 12 (November 1986).

"Getting a Full Bite of the Apple: When Should the Doctrine of Issue Preclusion Make an Administrative or Arbitral Determination Binding in a Court of Law?" 55 Fordham Law Review 63 (1986).

"Nontraditional Career Alternatives for Law Graduates," 50 New York State Bar Journal 16 (February 1978).

"Law Graduates Do Not Have to Practice Law," New York Law Journal, July 11, 1977, at 1.

Book Reviews

Review of No Fault Automobile Accident Law by Josephine Y. King, 60 New York State Bar Journal 57 (December 1988).

How To Find A Law Position, New York Law Journal, May 12, 1978.

Review of West new york civil practice by prof. mark. vol. 23. no. 3 westchester co. bar journal 211 (summer 1996)

Chapters

"Jurisdiction" in New York State Trial Lawyers Institute Decisions, (annually edited/published in 2003–2009).

"Jurisdiction; Sanctions and Professional Responsibility" with George Bundy Smith in New York Civil Practice: 1995. New York: Practising Law Institute, 1995.

"Jurisdiction; Venue; Consolidation and Severance; Sanctions" with George Bund.

Honors & Awards

Charles and Homer Pace Faculty Award, 2023

Co-Recipient with Chief Judge of New York, Janet DiFiore, of the Elisabeth Haub School of Law Distinguished Service Award, 2017

Proclamation from Westchester County Executive: March 8, 2017 is Prof. Jay C. Carlisle Recognition Day in Westchester County

Richard Ottinger Faculty Achievement Award in 2016

New York Law Journal, “Lawyer Who Leads by Example In Public Service,” 2015

Elisabeth Haub School of Law’s Jury Room was named in his honor, 2014

Academic Excellence Award, New York State Trial Lawyers Association, 2013

Outstanding Citizenship Award, Westchester County Executive, 2013

Outstanding Professor of the Year, 2013

Outstanding Educator and Scholar Award, Westchester County Bar Foundation, 2013

Barbara Salken Outstanding Professor Award (2013, 1997, 1990)

Pace Law School Alumni Association Award, 2007

Appointed to University of California Peter J. Shields Society by Chancellor Linda Katehi

Appointed to New York statewide commissions by three New York State governors and one New York State chief judge

Elected, Life Fellow of the American Bar Foundation

Elected, Life Fellow of the New York Bar Foundation

Elected Board of Directors and Vice-President for Westchester County Bar Association Foundation

ALI-ABA Harrison Tweed Special Merit Award for Contributions to Continuing Legal Education

Academic Excellence Award, New York State Trial Lawyers Association (For 25 years of educating New York’s Trial Lawyers)

Elected Honorary Member Columbian Lawyer Association, First Department

Commencement Speaker, Elisabeth Haub School of Law, 2001

Paul Harris Fellow, Rotary Foundation (Major Donor) 

Awards for Pro Bono Contributions, New York County Bar Association

Award for Service as Chairperson of Committee on Professional Responsibility of Westchester

County Bar Association

Award from Deputy Administrative Judge, Supreme Court of New York for Service as Special Master

Award from LexisNexis for 5 Years’ Service on Board of Editors for Weinstein, Korn & Miller, New York Civil Practice, 2nd edition

Elisabeth Haub School of Law Alumni Award for Outstanding Service

Pace University President’s Award for Excellence

SUNY-Buffalo Law School Alumni Award for Outstanding Service