James Michael Maloney

Port Washington, New York
Experience: 21 years
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About James Michael Maloney

I have been a solo practitioner since 1999, after having worked for two historic maritime law firms in New York City. My practice now consists almost exclusively of federal litigation, including maritime and constitutional law. I am perhaps best known for my own pro se constitutional challenge to New York's ban on the in-home possession of the martial-arts weapon known as the nunchaku ("nunchucks"), a case that has been in litigation since 2003 (and continues as of November 2015, when this passage was last edited). Over the years, I have represented numerous individuals in state and federal court in connection with their constitutional rights involving nunchaku as well as other banned weapons, including the "black cat keychain" and the so-called "gravity knife." I continue to represent individuals and companies in maritime and other commercial matters, and, under certain circumstances, to provide criminal defense. Since 2011, I have served as a volunteer mediator at the United States District Court for the Southern District of New York. My approach to litigation, like my approach to mediation, is to solve problems rather than create them.

Practice Areas

  • Appeals & Appellate
  • Civil Rights
  • Constitutional Law
  • Criminal Law
  • International Law
  • Maritime

Jurisdictions Admitted to Practice

  • New JerseySince 1997
  • New YorkSince 1996
  • Supreme Court of the United StatesSince 2001
  • U.S. Court of Appeals for the Second CircuitSince 2000
  • U.S. Court of Appeals for the Third CircuitSince 2002
  • U.S. Court of Federal ClaimsSince 2005
  • U.S. Court of International TradeSince 2001
  • U.S. District Court for the District of ConnecticutSince 1999
  • U.S. District Court for the District of New JerseySince 1997
  • U.S. District Court for the Eastern District of New YorkSince 1996
  • U.S. District Court for the Eastern District of TexasSince 2015
  • U.S. District Court for the Northern District of FloridaSince 2012
  • U.S. District Court for the Northern District of IllinoisSince 2001
  • U.S. District Court for the Northern District of New YorkSince 2007
  • U.S. District Court for the Southern District of New YorkSince 1996

Professional Experience

  • Volunteer Mediator U.S. District Court, S.D.N.Y. 2011 - Current
  • Solo Practitioner Law Office of James Maloney 1999 - Current
  • Editor, Fort Schuyler MARINER Fort Schuyler Maritime Alumni Association, Inc. 2003 - 2008
  • Associate Kirlin, Campbell & Keating 1996 - 1999
  • Associate Burlingham Underwood LLP 1995 - 1996
  • Paramedic Saint Vincent’s Hospital 1987 - 1995
  • Licensed Deck Officer U.S. Merchant Marine 1980 - 1987

Education

  • New York University School of Law LL.M. (2004) | Federalism & Federal Systems 2004
  • Fordham University School of Law J.D. (1995) | Member, Fordham Law Review 1995
  • State University of New York - Maritime College at Ft. Schuyler B.S. (1980) | Marine Business & Commerce; Humanities 1980

Awards

  • Proctor in Admiralty Maritime Law Association of the United States 2000
  • Emmet J. McCormack Foundation Prize (Admiralty Law) Fordham University School of Law 1995
  • Whitmore Gray Prize (International Law) Fordham University School of Law 1995
  • Letter of commendation for rendering emergency medical care at sea aboard S.S. Pittsburgh Sea-Land Service 1984
  • First Place, First Annual Spelling Bee Knights of Columbus, Paulus Hook Council No. 475, Jersey City, New Jersey 1972

Professional Association

  • Maritime Law Association of the United States #781260 Member 1996 - Current
  • Marine Society of the City of New York #781261 Member 1996 - Current
  • Fort Schuyler Maritime Alumni Association #781262 Member 1996 - Current
  • Association of the Bar of the City of New York #781263 Member 1996 - 2016

Articles & Publications

  • Petition for Certiorari, American Petroleum & Transport, Inc. v. City of New York United States Supreme Court 2014
  • Fighting for Basic Human Rights in the Workplace: A Conversation with Lewis Maltby Regional Labor Review (Hofstra University) 2003
  • A Breach in Tort’s Clothing: Pleading Cargo Claims to Gain Lien Priority 27 Journal of Maritime Law & Commerce 609 1996
  • Suits for the Hirsute: Defending Against America’s Undeclared War on Beards in the Workplace 63 Fordham Law Review 1203 1995
  • Shooting for an Omnipotent Congress: The Constitutionality of Federal Regulation of Intrastate Firearms Possession 62 Fordham Law Review 1795 1994
  • “Piloting and Radar Navigation” chapter in The Merchant Marine Officers’ Handbook (5th ed.) Cornell Maritime Press 1989

Address

P.O. Box 551
Port Washington
Port Washington, NY 11050 USA

Telephone: (516) 767-1395
Fax:

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