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Faculty Accomplishments

 

May 2017

 

Publications:

Michael Lewyn, The Middle Class, Urban Schools, and Choice, 4 Belmont L. Rev. 85 (2017).

Michael Lewyn, The Criminalization of Walking, U. Ill. L. Rev. (2017).

Marjorie Silver, Transforming Justice, Lawyers, and the Practice of Law (Carolina Academic Press, 2017).

Dan Subotnik, Assaulting the Facts, Acad. Questions (May 2017).

Dan Subotnik, Seeing Race on the Bar Exam, LawProf Blog (May 15, 2017), http://lawprofessors.typepad.com/education_law/2017/05/seeing-race-on-the-bar-exam-by-dan-subotnik.html

Sol Wachtler, Trump, Religion and the Law, N.Y.L.J., May, 22, 2017, at 6, col. 4.

 

Media:

Richard Klein, was quoted in, Andrew Smith, Suffolk DA's Office Struggled to Comply with Key Legal Rule, Newsday, 5/15/17, at 4.

 

Presentations:

Samuel J. Levine, presented a lecture on Goldman v. Weinberger at Lander College for Men in Queens, NY, on May 9, 2017.

 

Citations:

Fabio Arcila, Jr., Discoverymania: Plausibility Pleading as Misprescription, 80 Brook. L. Rev. 1487 (2015), was cited in, Amir Shachmurove, Policing Boilerplate: Reckoning and Reforming Rule 34's Popular-Yet Problematic-Construction, 37 N. Ill. U. L. Rev. 203 (2017).

Fabio Arcila, Jr., GPS Tracking out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum, 91 N.C. L. Rev. 1 (2012), was cited in, Andy Hagerman, Sniffing for Answers: Florida v. Jardines, Drug-Detecting Canines, and the Case for A Normative Approach to Fourth Amendment Activity for Sense-Enhancing Devices, 55 U. Louisville L. Rev. 203 (2017).

Rodger Citron (& Brandt Goldstein & Molly Beutz Land), A Documentary Companion to Storming the Court (2009), was cited in, Harold Hongju Koh, The Enduring Legacies of the Haitian Refugee Litigation, 61 N.Y.L. Sch. L. Rev. 31 (2017).

Rodger Citron (& Brandt Goldstein & Molly Beutz Land), A Documentary Companion to Storming the Court (2009), was cited in, Brandt Goldstein, Introduction, 61 N.Y.L. Sch. L. Rev. 11 (2017).

Rodger Citron (& Brandt Goldstein & Molly Beutz Land), A Documentary Companion to Storming the Court (2009), was cited in, Raymond H. Brescia, Through A Glass, Clearly; Reflections on Team Lawyering, Clinically Taught, 61 N.Y.L. Sch. L. Rev. 87 (2017).

Suzanne Darrow-Kleinhaus, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Richard Klein, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Michael E. Lewyn, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Michael E. Lewyn, The Courts v. the Cities, 25 Urb. Law. 453 (1993), was cited in, Steven L. Nelson, Still Serving Two Masters? Evaluating the Conflict Between School Choice and Desegregation Under the Lens of Critical Race Theory, 26 B.U. Pub. Int. L.J. 43 (2017).

Michael Lewyn, The Puzzling Persistence of Horizontal Privity, 27 Prob. & Prop. 32 (May/June 2013), was cited in, Gary B. Conine & Alex Ritchie, Rocky Mountain Mineral Law Foundation Proc (2016).

Michael Lewyn, The Criminalization of Walking, U. Ill. L. Rev. (2017), was reviewed in, Scott Doyon, The (Irrational) Criminalization of Walking, PlaceShakers (May, 16, 2017), http://www.placemakers.com/2017/05/16/the-irrational-criminalization-of-walking/

Samuel J. Levine, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Samuel J. Levine, was in the top 10% of Authors on SSRN by downloads this month.

Samuel J. Levine, The Potential Utility of Disciplinary Regulation as a Remedy for Abuses of Prosecutorial Discretion, 12 Duke J. Const. L. & Pub. Pol'y 1 (2016) & Samuel J. Levine (& Bruce A. Green), Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 Ohio St. J. Crim. L. 143 (2016), were cited in, Cynthia Alkon, Hard Bargaining in Plea Bargaining: When Do Prosecutors Cross the Line?, 17 Nev. L.J. 401 (2017).

Samuel J. Levine, Capital Punishment and Religious Arguments: An Intermediate Approach, 9 Wm. & Mary Bill Rts. J. 179 (2000), was cited and quoted in, Cornelius V. Loughery, California Propositions 62 & 66 as Misguided Models for the Capital Punishment Debate: The Argument for the Inclusion of Catholic Social Teaching and Other Religious Denominations in the Discussion and a Proposed Solution, 43 J. Legis. 264 (2016).

Samuel J. Levine, Untold Stories of Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity, 66 Air Force L. Rev. 205 (2010), was cited and quoted, Rachel Kaseff, Senior Thesis-- A Religious America: An In Depth Look at the Free Exercise Clause, Goucher College Religion Department (2017).

Samuel J. Levine, The Broad Life of the Jewish Lawyer: Integrating Spirituality, Scholarship and Profession, 27 Tex. Tech. L. Rev. 1199 (1996), was cited in, Russell G. Pearce, Adam B. Winer & Emily Jenab, A Challenge to Bleached out Professional Identity: How Jewish was Justice Louis D. Brandeis?, 33 Touro L. Rev. 259 (2017).

Samuel J. Levine, Conference the Law: Business or Profession? The Continuing Relevance of Julius Henry Cohen for the Practice of Law in the Twenty-First Century, 40 Fordham Urb. L.J. 1 (2012), was cited in, Judith A. McMorrow, Moving from a Brandeis Brief to a Brandeis Law Firm: Challenges and Opportunities for Holistic Legal Services in the United States, 33 Touro L. Rev. 335 (2017).

Meredith R. Miller, The New York Limited Liability Company Law at Twenty: Past, Present & Future, 31 Touro L. Rev. 403 (2015), was cited in, Roxanne Makoff, Judicial Dissolution Under New York's Limited Liability Company Law: Should Breaking Up Be This Hard to Do?, 38 Cardozo L. Rev. 1541 (2017).

Patricia E. Salkin, The Quiet Revolution and Federalism: Into the Future, 45 J. Marshall L. Rev. 253 (2012) & Patricia E. Salkin (& Amy Lavine), The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, 40 Urb. Law. 195 (2008), were cited in, Michael C. Pollack, Land Use Federalism's False Choice, 68 Ala. L. Rev. 707 (2017).

Patricia E. Salkin, The Quiet Revolution and Land Use, 45 J. Marshall L. Rev. 253 (2012) & Supersizing Small Town America: Using Regionalism to Right-Size Big Box Retail, 6 Vt. J. Envtl. L. 48 (2005), were cited in, Blake Hudson, Relative Administrability, Conservatives, and Environmental Regulatory Reform, 68 Fla. L. Rev. 1661 (2016).

Patricia E. Salkin (& Amy Lavine), Understanding Community Benefits Agreements: Equitable Development, Social Justice and Other Considerations for Developers, Municipalities and Community Organizations, 26 UCLA J. Envtl. L. & Pol'y 291 (2008), was cited in, Bryon Eagon, Tif-for-Tax: Upholding Tif's Original Purpose and Maximizing Its Use As A Catalyst for Community Economic Development, 2017 Wis. L. Rev. 179 (2017).

Patricia E. Salkin (& Ashira Pelman Ostrow), Cooperative Federalism and Wind: A New Framework for Achieving Sustainability, 37 Hofstra L. Rev. 1049 (2009), was cited in, K.K. DuVivier & Thomas Witt, Nimby to Nope - Or Yess?, 38 Cardozo L. Rev. 1453 (2017).

Martin A. Schwartz, Should Juries be Informed that Municipality Will Indemnify Officer's § 1983 Liability for Constitutional Wrongdoing, 86 Iowa L. Rev. 1209 (2001), was cited in, Allyssa Villanueva, Police Terror and Officer Indemnification, 13 Hastings Race & Poverty L. J. 201 (2016).

Martin A. Schwartz, Section 1983 Litigation Claims and Defenses (4th ed. Supp. 2017), was cited in, Melissa Hamilton, Excessive Lethal Force, 111 Nw. U.L. Rev. Online 155 (2017).

Thomas A. Schweitzer (Russell L. Weaver), Deference to Agency Interpretations of Regulations: A Post-Chevron Assessment, 22 Mem. St. U. L. Rev. 411 (1992), was cited in, Kevin O. Leske, A Rock Unturned: Justice Scalia's (Unfinished) Crusade against the Seminole Rock Deference Doctrine, 69 Admin. L. Rev. 1 (2017).

Marjorie Silver, Transforming Justice, Lawyers, and the Practice of Law (Carolina Academic Press, 2017), was reviewed in The Conscious Lawyer, May 2017, at 41.

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/client Relationship, 6 Clinical L. Rev. 259 (1999), was cited in, Jonel Newman & Donald Nicolson, A Tale of Two Clinics: Similarities and Differences in Evidence of the "Clinic Effect" on the Development of Law Students' Ethical and Altruistic Professional Identities, 35 Buff. Pub. Int. L.J. 1 (2017).

Dan Subotnik, A Law Review Editor and Faculty Author Learn to Speak Honestly, 32 Touro L. Rev. 441 (2016), was cited in, Joseph Scott Miller, The Immorality of Requesting Expedited Review, 21 Lewis & Clark L. Rev. 211 (2017).

Dan Subotnik & Laura Ross, Scholarly Incentives, Scholarship, Article Selection Bias, and Investment Strategies for Today's Law Schools, 30 Touro L. Rev. 615 (2014), was cited in, Jonathan F. Will, Finding Purpose: Perspective from A "Non-Elite" Journal, 33 Touro L. Rev. 431 (2017).

 

April 2017

 Publications:

Ilene Cooper, The Eligibility of a Fiduciary; Trusts and Estates Update, N.Y.L.J., Apr. 7, 2017.

Michael Lewyn, Zoning and Land Use Planning, 45 REAL EST. L.J. 598 (Spring 2017).

Samuel L. Levine, Foreword to the Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, 33 Touro L. Rev. 1 (2017).

Michael Mushlin, The Prisoners We Should Put on Rikers, Daily News, Apr. 5, 2017.

Martin A. Schwartz, Do You Speak Legalese?, 91 FLA. B.J. 57 (Apr. 2017).

Sol Wachtler, Broken Scales: Reflections on Justice, N.Y.L.J., Apr. 21, 2017.

 

Awards, Honors & Appointments:

Hal Abramson, received an award for establishing and serving as IAM's first Scholar in Residence at the International Academy of Mediator's Conference, Memphis, TN, Apr. 29, 2017.

Ann Nowak, received a Presidential Research Development Grant from Touro College for, Oral Reading Disfluency as an Indicator of Hidden Reading Comprehension Difficulties.

 

Presentations:

Harry Ballan, moderated, Cardozo, Law, and Society, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, Central Islip, N.Y., March 23-24, 2017.

Rodger Citron, moderated, Cardozo and Judicial Decisionmaking, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Myra Berman, moderated, Cardozo’s Judicial Style, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Joan Foley, moderated, Cardozo’s Jurisprudence, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Eileen Kaufman, presented at Politics, Policies and Protection Issues: Tibetan Refugees in the Current Global Climate, Tibet House, NY, NY, Apr. 12, 2017.

Deseriee Kennedy, moderated, Cardozo and Contracts, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Samuel J. Levine, organized the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Meredith Miller, presented, The Legacy of Mr. Justice Cardozo and the Law of Contracts at the New York Court Appeals, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Sharon Pocock, presented, Advising Students in Advocacy Competitions Outside the Aegis of Moot Court Organizations, at the Legal Writing Institute Biennial Moot Court Conference at John Marshall Law School, Chicago, IL, Apr. 29, 2017.

Deborah W. Post, presented, Cardozo and the Canon: Respect and Resistance in the Classroom, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Lawrence Raful, moderated, Cardozo and Torts, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Lillian Spiess, presented, Navigating the Rubicon: Constitutionalism and The Inevitability of the Social Contract for the panel Theories of Law and Jurisprudence Over Time & moderated, Contemporary Theories of Law and Jurisprudence, at the Midwest Political Science Association Conference, Chicago, IL, Apr. 7-9, 2017.

 

Citations:

Harold I. Abramson, A Fifth Branch of Government: The Private Regulators and Their Constitutionality, 16 HASTINGS CONST. L.Q. 165 (1989), was cited in, James M. Rice, The Private Nondelegation Doctrine: Preventing the Delegation of Regulatory Authority to Private Parties and International Organizations, 105 CALIF. L. REV. 539 (2017).

Sarah J. Adams-Schoen, Of Old Dogs and New Tricks - Can Law Schools Really Fix Students' Fixed Mindsets?, 19 LEGAL WRITING: J. LEGAL WRITING INST. 3 (2014), was cited in, Heather D. Baum, Inward Bound: An Exploration of Character Development in Law School, 39 U. ARK. LITTLE ROCK L. REV. 25 (2016).

Fabio Arcila, Jr., How to Become a Law School Professor, SSRN (Dec. 13, 2013), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2376549, was cited in, Linda L. Berger, Rhetoric and Reality in the ABA Standards, 66 J. Legal Educ. 553 (2017).

Myra E. Berman, Portals to Practice: A Multidimensional Approach to Integrating Experiential Education into the Traditional Law School Curriculum, 1 J. EXPERIENTIAL LEARNING 157 (2015), was cited in, Ellie Margolis & Kristen Murray, Using Information Literacy to Prepare Practice-Ready Graduates, 39 U. HAW. L. REV.1 (2016).

Rodger Citron, (Un)Luckey v. Miller: The Case for a Structural Injunction to Improve Indigent Defense Services, 101 YALE L.J. 481 (1991), was cited in, Irene Oritseweyinmi Joe, Rethinking Misdemeanor Neglect, 64 UCLA L. REV. 738 (2017).

Jack W. Graves, Course of Performance as Evidence of Intent or Waiver: A Meaningful Preference for the Latter and Implications for Newly Broadened Use Under Revised UCC Section 1-303, 52 DRAKE L. REV. 235 (2004), was cited in, Franklin G. Snyder & Ann M. Mirabito, Consumer Preferences for Performance Defaults, 6 MICH. BUS. & ENTREPRENEURIAL L. REV. 35 (2016).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986) and The Eleventh Commandment: Thou Shalt Not Be Compelled to Render the Ineffective Assistance of Counsel, 68 IND. L J. 363 (1993), were both cited in, Irene Oritseweyinmi Joe, Rethinking Misdemeanor Neglect, 64 UCLA L. REV. 738 (2017).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986), was cited in, Ben Grunwald, The Fragile Promise of Open-File Discovery, 49 CONN. L. REV. 771 (2017).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986), was cited in, Lisa Kern Griffin, State Incentives, Plea Bargaining Regulation, and the Failed Market for Indigent Defense, 80 LAW & CONTEMP. PROBS. 83 (2017).

Richard Klein, The Eleventh Commandment: Thou Shalt Not Be Compelled to Render the Ineffective Assistance of Counsel, 68 IND. L.J. 363 (1993), was cited in, Erica Hashimoto, Motivating Constitutional Compliance, 68 FLA. L. REV. 1001 (2016).

Richard Klein, Civil Rights in Crisis: The Racial Impact of the Denial of the Sixth Amendment Right to Counsel, 14 U. MD. L.J. RACE, RELIGION, GENDER & CLASS 163 (2014), was cited in, Victor Zapana, The Statement of Interest as a Tool in Federal Civil Rights Enforcement, 52 Harv. C.R.-C.L. L. REV. 227 (2017).

Samuel L. Levine, Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to “Seek Justice” in a Comparative Analytical Framework, 41 HOUS. L. REV. 1337 (2004), was cited in, Tamara Rice Lave, The Prosecutor's Duty to "Imperfect" Rape Victims, 49 TEX. TECH L. REV. 219 (2016).

Samuel J. Levine, Faith in Legal Professionalism: Believers and Heretics, 61 MD. L. REV. 217 (2002), was cited in, Andrew S. Pollis, Busting Up the Pretrial Industry, 85 FORDHAM L. REV. 2097 (2017).

Samuel L. Levine, was in the top 10% of authors on SSRN this month.

Michael E. Lewyn, How to Limit Gerrymandering, 45 FLA. L. REV. 403 (1993), was cited in Michael Woods, Gerrymandering (Almost) Gone Wild: How the Supreme Court Saved Independent Redistricting Reform Ariz. State Legislature v. Ariz. Indep. Redistricting Comm'n, 135 S. Ct. 2652 (2015), 68 FLA. L. REV. 1509 (2016).

Patricia E. Salkin, N.Y. ZONING LAW & PRAC. (4th ed. 2015) & AMERICAN LAW OF ZONING (5th ed. 2016), were cited in, Steven Ferrey, Eminent Domain and Serrated Power, 39 U. HAW. L. REV. 171 (2016).

Patricia E. Salkin, ETHICAL STANDARDS IN THE PUBLIC SECTOR (2d ed. 2008), was cited in, Hugh D. Spitzer, Model Rule 5.7 and Lawyers in Government Jobs-How Can They Ever Be "Non-Lawyers"?, 30 GEO. J. LEGAL ETHICS 45 (2017).

Patricia E. Salkin (& Ashira Pelman Ostrow), Cooperative Federalism and Wind: A New Framework for Achieving Sustainability, 37 HOFSTRA L. REV. 1049 (2009), was cited in, Kayla J. Cawood, The Potential for Production: Regulating Oklahoma's Wind Estate and Encouraging Sustainable Wind Energy Development, 41 OKLA. CITY U. L. REV. 201 (2016).

Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Peter Swire & DeBrae Kennedy-Mayo, How Both the Eu and the U.S. Are "Stricter" Than Each Other for the Privacy of Government Requests for Information, 66 EMORY L.J. 617 (2017).

Martin A. Schwartz (& Erwin Chemerinsky), Dialogue on State Action, 16 TOURO L. REV. 775 (2000), was cited in, Tamara Rice Lave, A Critical Look at How Top Colleges and Universities Are Adjudicating Sexual Assault, 71 U. MIAMI L. REV. 377 (2017).

Martin A. Schwartz, SECTION 1983 LITIGATION: FEDERAL EVIDENCE (5th ed. 2012 & Supp. 2013), was cited in, Brandon Garrett & Seth Stoughton, A Tactical Fourth Amendment, 103 VA. L. REV. 211 (2017).

Martin A. Schwartz (& Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in, Katie N. Wagner, Doctoring an Inmate's Basic Rights: Inmate Healthcare and Fourte v. Faulkner County, 41 OKLA. CITY U. L. REV. 307 (2016).

Martin A. Schwartz (& Kathryn R. Urbonya), SECTION 1983 LITIGATION (2008), was cited in, Richard Shiller, Shooting in High Definition: How Having Tough Policies in Place Makes the Use of Body Cameras in Law Enforcement Comport with the Fourth Amendment, 51 NEW ENG. L. REV. 187 (2016).

Martin A. Schwartz, SECTION 1983 LITIGATION (4th ed. Supp. 2017), was cited in, Excessive Lethal Force, 111 NW. U. L. REV. ONLINE 155 (2017).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Anastasia M. Boles, Seeking Inclusion from the Inside Out: Towards a Paradigm of Culturally Proficient Legal Education, 11 CHARLESTON L. REV. 209 (2017).

Marjorie A. Silver, The Uses and Abuses of Informal Procedures in Federal Civil Rights Enforcement, 55 GEO. WASH. L. REV. 482 (1987), was cited in, Stephen S. Worthington, Beacon or Bludgeon? Use of Regulatory Guidance by the Office for Civil Rights, 2017 B.Y.U. EDUC. & L.J. 161 (2017).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering, and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Heidi Frostestad Kuehl, Resources for Becoming Culturally Competent in A Multijurisdictional Practice: G20 Nations and Associated Legal Traditions, 44 INT'L J. LEGAL INFO. 83 (2016).

Dan Subotnik, Copulemus in Pace: A Meditation on Rape, Affirmative Consent to Sex, and Sexual Autonomy, 41 AKRON L. REV. 847 (2008), was cited in, Jonathan Witmer-Rich, Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, 49 TEX. TECH L. REV. 57 (2016).

Sol Wachtler, Judging the Ninth Amendment, 59 FORDHAM L. REV. 597 (1991), was cited in, Mitchell Gordon, Getting to the Bottom of the Ninth: Continuity, Discontinuity, and the Rights Retained by the People, 50 IND. L. REV. 421 (2017).

 

March 2017

Publications:

Dan Subotnik, The Dangers of Racial Thinking, 30 ACAD. QUESTIONS 58 (March 2017).

 

Appointments & Honors:

Hal Abramson, received the 2016 Academic Award for Best Professional Article in ADR for, Nelson Mandela as Negotiator: What Can We Learn from Him," 31 OHIO ST. J. ON DISP. RESOL. 19 (2016), CPR International Institution for Conflict Prevention and Resolution, Coral Gables, Fla, March 3, 2017.

Joan Foley, was elected to be a member of the Executive Committee for the AALS Aging and the Law Section, at the AALS annual meeting in San Francisco, Jan. 2017.

Deseriee Kennedy, was appointed Associate Dean of Diversity and Inclusion, Touro Law Center, Central Islip, NY, March 17, 2017.

Richard Klein, was elected to be a member of the Executive Committee for the AALS International Human Rights Law, at the AALS annual meeting in San Francisco, Jan. 2017.

Jim Montes, was appointed Director of Diversity & Inclusion, Touro Law Center, Central Islip, NY, March 17, 2017.

 

Presentations:

Melissa Luckman, testified at a Housing and Insurance Subcommittee of Committee on House Financial Services hearing, House of Representatives, Washington, DC, March 16, 2017.

Michael Mushlin, testified at a public briefing on solitary confinement in Connecticut penal facilities, Old Judiciary Room, Capitol Building, Hartford, Conn., Feb. 7, 2017.

Laura Ross, presented, Cost Effective Legal Research in New York (CLE), Rivkin Radler, Uniondale, NY, March 27, 2017.

 

Media Appearances:

Melissa Luckman, was quoted in, Carol Polsky, Contractor Charged with Stealing NY Rising Funds, Officials Say, NEWSDAY, March 7 2017.

 

Citations:

Eileen Kaufman, Women and Law: A Comparative Analysis of The United States and Indian Supreme Courts' Equality Jurisprudence, 34 GA. J. INT'L & COMP. L. 557 (2006), was cited in, Thelma L. Harmon, Young v. United Parcel Service, Inc.: The Equal Treatment Fallacy, 20 J. GENDER RACE & JUST. 97 (2017).

Sidney Kwestel, The Business Records Exception to the Hearsay Rule—New is Not Necessarily Better, 64 MO. L. REV. 595 (1999), was cited in, Amir Shachmurove, The Past’s Fickle Shadow: A California Divide over the Business Records Exception, 2017 NORTON BANKR. L. ADVISER 1 (Winter 2017).

Samuel J. Levine, The Supreme Court's Hands-Off Approach to Religious Doctrine: An Introduction, 84 NOTRE DAME L. REV. 793 (2009), was cited in B. Jessie Hill, Kingdom without End? The Inevitable Expansion of Religious Sovereignty Claims, 20 LEWIS & CLARK L. REV. 1177 (2017).

Samuel J. Levine, Second Annual Holocaust Remembrance Lecture at Washington University: Jewish Law From Out of the Depths: Tragic Choices in the Holocaust, 10 WASH. U. GLOBAL STUD. L. REV. 133 (2011), was cited in WWRD U.S., LLC, v. U.S., No. 11-00238, 2017 WL 816266 (Ct. Int'l Trade Mar. 1, 2017).

Michael Lewyn, How Environmental Review Can Generate Car-Induced Pollution: A Case Study, 13 SUSTAINABLE DEV. L. & POL'Y 16 (2014), was cited in Mark A. Chertok, “Little Nepas” and Their Environmental Impact Assessment Processes, SY015 ALI-CLE 879 (2017).

Michael Lewyn (& William Leaf), Internally Buffered Districts: A New Technique to Make Zoning Less Exclusionary, 44 REAL EST. L.J. 330 (2015), was cited in, Daniel R. Mandelker, Spot Zoning: New Ideas for an Old Problem, 48 URB. LAW. 737 (2016).

Jeffrey B. Morris, CALMLY TO POISE THE SCALES OF JUSTICE: A HISTORY OF THE COURTS OF THE DISTRICT OF COLUMBIA CIRCUIT (2001), was cited in, Blake B. Hulnick, Consumer Crusade: Justice Hugo Black as Senate Investigator, 24 J.S. LEGAL HIST. 69 (2016).

Marjorie A. Silver, Symposium Introduction: Humanism Goes to Law School, 28 TOURO L. REV. 1141 (2012) & Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999), were cited in, Ronald Tyler, The First Thing We Do, Let's Heal All the Law Students: Incorporating Self-Care into A Criminal Defense Clinic, 21 BERKELEY J. CRIM. L. 1 (2016).

Martin A. Schwartz, Should Juries Be Informed that Municipality Will Indemnify Officer's § 1983 Liability for Constitutional Wrongdoing?, 86 IOWA L. REV. 1209 (2000), was cited in, Lawrence Rosenthal, Good and Bad Ways to Address Police Violence, 48 URB. LAW. 675 (2016).

Martin A. Schwartz, FED. JUD. CTR., SECTION 1983 LITIGATION (3d ed. 2014), SECTION 1983 LITIGATION CLAIMS & DEFENSES (2016) & Supreme Court Pretrial Detainee Excessive Force Decision, N.Y.L.J. (Aug. 28, 2015), were cited in, Michael S. DiBattista, A Force to Be Reckoned with: Confronting the (Still) Unresolved Questions of Excessive Force Jurisprudence After Kingsley, 48 COLUM. HUM. RTS. L. REV. 203 (2017).

Dan Subotnik, “Hands Off”: Feminism, Affirmative Consent, and the Law of Foreplay, 16 S.CAL. REV. L. & SOC. JUST. 249 (2007), was cited in, Kevin Cole, Better Sex Through Criminal Law: Proxy Crimes, Covert Negligence, and Other Difficulties of "Affirmative Consent" in the Ali's Draft Sexual Assault Provisions, 53 SAN DIEGO L. REV. 507 (2016).

 

February 2017

 

Publications:

Ilene Cooper, Trusts and Estates Update: Year in Review: Highlights From the Four Appellate Departments, N.Y.L.J., Feb. 7, 2017, at 3, col. 1.

Michael Lewyn, GOVERNMENT INTERVENTION AND SUBURBAN SPRAWL: THE CASE FOR MARKET URBANISM (2017).

Dan Subotnik, The Battle over American “Carnage,” QUILLETTE (Feb. 20, 2017), http://quillette.com/2017/02/20/the-battle-over-american-carnage/.

 

Appointments & Honors:

Michael Lewyn, was elected to be a member of the Executive Committee for the AALS Property Section, at the AALS annual meeting in San Francisco, January 2017.

Laura Ross, was elected to be the Chair of the American Association of Law Libraries’ Law Repositories Caucus.

Presentations:

Tracy McGaugh Norton, was a panelist for an online ABA CLE, Tips to Make Your Writing More Effective and Efficient, Feb. 7, 2017.

 

Citations:

Hal Abramson was interviewed in, Omer Shapira, A Critical Assessment of the Model Standards of Conduct for Mediators (2005): Call for Reform, 100 MARQ. L. REV. 81 (2016).

Sarah J. Adams-Schoen, Reed Applied: The Sign Apocalypse or Another Bump in the Road, 39 ZONING & PLAN. L. REP. 1 (July/Aug. 2016), was cited in, Reed v. Town of Gilbert: Relax, Everybody, 58 B.C. L. REV. 66 (2017).

Fabio Arcila, Jr., GPS Tracking out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum, 91 N.C. L. REV. 1 (2012), was cited in, Adam Candeub, Privacy and Common Law Names: Sand in the Gears of Identification, 68 FLA. L. REV. 467 (2016).

Fabio Arcila, Jr., GPS Tracking Out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum, 91 N.C. L. REV. 1 (2012), was cited in Linet Suárez, Liberty at the Cost of Constitutional Protections: Undocumented Immigrants and Fourth Amendment Rights, 48 U. MIAMI INTER-AM. L. REV. 153 (2016).

Fabio Arcila, Jr., In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause, 10 U. PA. J. CONST. L. 1 (2007), was cited in, Alexandra Gioseffi, Lichtenberger, Sparks, and Wicks: The Future of the Private Search Doctrine, 66 EMORY L.J. 395 (2017).

Suzanne Darrow-Kleinhaus, ACING CONTRACTS 335-36 (2010), was cited, in David G. Epstein et. al., An "App" for Third Party Beneficiaries, 91 WASH. L. REV. 1663 (2016).

Jack Graves, LEARNING CONTRACTS 694-707 (2014), was cited in, David G. Epstein et. al., An "App" for Third Party Beneficiaries, 91 WASH. L. REV. 1663 (2016).

Deseriee A. Kennedy, “The Good Mother”: Mothering, Feminism, and Incarceration, 18 WM. & MARY J. WOMEN & L. 161 (2012)., was cited in, Rebecca Covington, Incarcerated Mother, Invisible Child, 31 Emory Int'l L. Rev. 99 (2016).

Richard Klein, An Analysis of Thirty-Five Years of Rape Reform: A Frustrating Search for Fundamental Fairness, 41 AKRON L. REV. 981 (2008), was cited in, Rape Law Gatekeeping, 58 B.C. L. REV. 206 (2017).

Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 HOFSTRA L. REV. 1349 (2004), was cited in, Robert Schehr, Ph.D. & Chelsea French, Mental Competency Law and Plea Bargaining: A Neurophenomenological Critique, 79 ALB. L. REV. 1091 (2016).

Samuel J. Levine, Rediscovering Julius Henry Cohen and the Origins of the Business/Profession Dichotomy: A Study in the Discourse of Early Twentieth Century Legal Professionalism, 47 AM. J. LEGAL HIST. 1 (2005), was cited in, Thomas D. Morgan, Inverted Thinking about Law as a Profession or Business, 2016 PROF. LAW. 115 (2016).

Samuel J. Levine, A Critique of Hobby Lobby and the Supreme Court's Hands-Off Approach to Religion, 91 NOTRE DAME L. REV. ONLINE 26 (2015), was cited in, Frederick Mark Gedicks, "Substantial" Burdens: How Courts May (and Why They Must) Judge Burdens on Religion Under Rfra, 85 GEO. WASH. L. REV. 94 (2017).

Samuel J. Levine, Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 OHIO ST. J. CRIM. L. 143 (2016), was recently listed on SSRN's Top Ten download list for: Ethics eJournal and LSN: Criminal Procedure (Topic).

Michael Lewyn, How Overregulation Creates Sprawl (Even in a City Without Zoning), 50 WAYNE L. REV. 1171 (2004), was cited in, Nestor M. Davidson, Localist Administrative Law, 126 YALE L.J. 564 (2017).

Michael Lewyn, Zoning and Land Use Planning, 42 REAL EST. L. J. 512 (2014), was cited in, Andrea J. Boyack, A New American Dream for Detroit, 93 U. DET. MERCY L. REV. 573 (2016).

Deborah W. Post (& Phoebe A. Haddon), Misuse and Abuse of the LSAT: Making the Case for Alternative Evaluative Efforts and a Redefinition of Merit, 80 ST. JOHN'S L. REV. 41 (2006), was cited in Rebecca Flanagan, Pre-Competencies As Precursors: Enhanced Admissions Criteria in the Age of Seat-Deposit Anxiety, 17 NEV. L.J. 181 (2016).

Patricia E. Salkin, Sustainability and Land Use Planning, 34 WM. & MARY ENVTL. L. & POL'Y REV. 121 (2009), was cited in, Ryan P. Kelly & Margaret R. Caldwell, Ten Ways States Can Combat Ocean Acidification (and Why They Should), 6 WASH. J. ENVTL. L. & POL'Y 287 (2016).

Patricia E. Salkin, N.Y. ZONING LAW & PRAC. § 11:23.10 (2014), was cited in, Steven Ferrey, Siting Technology, Land-Use Energized, 66 CATH. U. L. REV. 1 (2016).

Patricia E. Salkin, Crime Doesn't Pay and Neither Do Conflicts of Interest in Land Use Decisionmaking, 40 URB. LAW. 561 (2008), was cited in, Nestor M. Davidson, Localist Administrative Law, 126 YALE L.J. 564 (2017).

Patricia E. Salkin, The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, 27 J. LAND USE & ENVTL. L. 339 (2012), was cited in, Ryann White, Three Steps to A Greener Tomorrow: Encouraging Solar Energy Development in the Sunshine State, 31 J. LAND USE & ENVTL. L. 263 (2016).

Patricia E. Salkin (& John C. Dernbach & Donald A. Brown), Sustainability as a Means of Improving Environmental Justice, 19 J. ENVTL. & SUSTAINABILITY L. 1 (2012), was cited in, Martha Fitzgerald, Prison or Precaution: Unilateral, State-Mandated Geoengineering Under Principles of International Environmental Law, 24 N.Y.U. ENVTL. L.J. 256 (2016).

Patricia E. Salkin (& John R. Nolon), Practically Grounded: Convergence of Land Use Law Pedagogy and Best Practices, 60 J. LEGAL EDUC. 519 (2011), was cited in, Tracy Bach, Minding the Gap: Teaching International Climate Change Law Through Service Learning, 18 Vt. J. Envtl. L. 173 (2016).

Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Michael D. White et. al., Federal Civil Litigation As an Instrument of Police Reform: A Natural Experiment Exploring the Effects of the Floyd Ruling on Stop-and-Frisk Activities in New York City, 14 OHIO ST. J. CRIM. L. 9 (2016).

Marjorie A. Silver, Evening the Odds: The Case for Attorneys' Fee Awards for Administrative Resolution of Title VI and Title VII Disputes, 67 N.C. L. REV. 379 (1989), was cited in, Megan M. La Belle, Fee Shifting for Ptab Proceedings, 24 TEX. INTELL. PROP. L.J. 367 (2016).

Marjorie A. Silver, Emotional Intelligence and Legal Education, 5 PSYCHOL. PUB. POL'Y & L. 1173 (1999), was cited in Rebecca Flanagan, Pre-Competencies as Precursors: Enhanced Admissions Criteria in the Age of Seat-Deposit Anxiety, 17 NEV. L.J. 181 (2016).

Marjorie A. Silver, was mentioned in, Pauline H. Tesler, Can This Relationship Be Saved? The Legal Profession and Families in Transition, 55 FAM. CT. REV. 38 (2017).

Marjorie Silver (& Jonathan L. F. Silver), DISSENT WITHOUT OPINION: THE BEHAVIOR OF JUSTICE WILLIAM O. DOUGLAS IN FEDERAL TAX CASES (1975), was cited in, Mark L. Ascher, Helvering v. Clifford: The Supreme Court Spoils the Broth, 42 ACTEC L.J. 29 (2016).

 

January 2017

 

Publications:

Martin A. Schwartz, Officer's Accidental Use of Deadly Force Held Violation of Fourth Amendment, N.Y.L.J., Jan. 3, 2017, at 3, col. 1.

Samuel J. Levine, Internet Ethics, American Law, and Jewish Law: A Comparative Overview, 21 J. Tech. L. & Pol’y 37 (2016).

Sol Wachtler, Is the First Amendment Back on Trial?; Journalists Were Once Jailed for Criticizing U.S. Leaders, an Impulse Donald Trump Might Favor, Newsday, Jan. 23, at 27.

 

Appointments & Honors:

Samuel J. Levine, received this year's Sanford D. Levy Award from the New York State Bar Association's Committee on Professional Ethics, Jan. 25, 2017.
 

Presentations:

Hal Abramson, presented, An Ethics Code for Mediation Advocates, National Conference on Dispute Resolution, Ohio State University Law School, Nov. 4, 2017.

Hal Abramson, presented, Ways to Teach about the UN-UNCITRAL Working Group II Progress in Drafting an International Treaty on Enforcing Mediated Settlement Agreements, International Conference on Teaching International Business Law, Georgetown Law School, Nov. 18, 2017.

Michael Lewyn, presented, Health and Safety Overregulation, Federalist Society 19th Annual Faculty Conference, San Francisco, Jan. 5, 2017.

Sharon Pocock, presented, Preparing Students to Pass the Bar Exam (and Improving Analysis and Writing) Throughout Law School, Legal Writing Institute Conference: Preparing Practice Ready Students, Drake University Law School, Dec. 8, 2016.

Marjorie A. Silver, co-presented, CLE for Field Placement Supervisors, Fordham Law School, Jan. 11, 2017.

 

Other Accomplishments:

Samuel J. Levine, completed a peer review of an article for Law, Culture, and the Humanities.
 

Citations: 

Harold I. Abramson, Time to Try Mediation of International Commercial Disputes, 4 ILSA J. Int'l & Comp. L. 323 (1998) & Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 Cardozo J. Conflict Resol. 253 (2006), was cited in S.I. Strong, Realizing Rationality: An Empirical Assessment of International Commercial Mediation, 73 Wash. & Lee L. Rev. 1973 (2016).

Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan Rosenbloom, Inara Scott & David Takacs, A Response to the IPCC Fifth Assessment, 45 Envtl. L. Rep. News & Analysis 10027 (2015), was cited in Celeste M. Hammond, Fracking: The Unconventional Energy Response to Climate Change: Implications for the Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015).

Fabio Arcila, Jr., GPS Tracking Out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum, 91 N.C. L. Rev. 1 (2012), was cited in, John G. Sprankling, Property and the Roberts Court, 65 U. Kan. L. Rev. 1 (2016).

Fabio Arcila, Jr., In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause, 10 U. Pa. J. Const. L. 1 (2007), was cited in Wesley M. Oliver, Prohibition, Stare Decisis, and the Lagging Ability of Science to Influence Criminal Procedure, 105 J. Crim. L. & Criminology 993 (2015).

Richard Klein, Law and Racism in an Asian Setting: An Analysis of the British Rule of Hong Kong, 18 Hastings Int'l & Comp. L. Rev. 223 (1995), was cited Jiali (Keli) Huang, One Country, Two Systems: Hong Kong's Unique Status and the Development and Growth of Arbitration in China, 18 Cardozo J. Conflict Resol. 423 (2017).

Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 Hofstra L. Rev. 1349 (2004), was cited in Nancy J. King & Ronald F. Wright, The Invisible Revolution in Plea Bargaining: Managerial Judging and Judicial Participation in Negotiations, 95 Tex. L. Rev. 325 (2016).

Richard Klein, The Relationship of the Court and Defense Counsel: The Impact of Competent Representation and Proposals for Reform, 29 B.C. L. Rev. 531 (1988), was cited in, Elizabeth Slater, A Legal and Ethical Puzzle: Defense Counsel as Quasi Witness, 85 Fordham L. Rev. 1427 (2016).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right of Effective Assistance of Counsel, 13 Hastings Const. L.Q. 625 (1986), was cited in, Sara Sun Beale & Richard E. Myers II, The Constitution v. the Convention: The Evolution of the Court-Mandated Right to Counsel in the United States and Europe, 27 Duke J. Comp. & Int'l L. 1 (2016).

Samuel J. Levine, Judicial Rhetoric and Lawyers' Roles, 90 Notre Dame L. Rev. 1989 (2015), was cited in, Joshua A. Liebman, Dishonest Ethical Advocacy?: False Defenses in Criminal Court, 85 Fordham L. Rev. 1319 (2016).

Samuel J. Levine, Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 Ohio St. J. Crim. L. 143 (2016), was recently listed on SSRN's Top Ten download list for: LSN: Criminal Procedure (Topic) & Ethics eJournal.

Samuel J. Levine, Teaching Jewish Law in American Law Schools - Part II: An Annotated Syllabus, 2 CHI.-KENT J. INT’L & COMP. L. 1 (2002), was recently listed on SSRN's Top Ten download list for: Judaism eJournal.

Samuel J. Levine, The Potential Utility of Disciplinary Regulation as a Remedy for Abuses of Prosecutorial Discretion, 12 Duke J. Const. L. & Pub. Pol'y 1 (2016), was recently listed on SSRN's Top Ten download list for: LSN: Judges (Public Law - Crime) (Sub-Topic).

Samuel J. Levine, Essay, Capital Punishment in Jewish Law and Its Application to the American Legal System: A Conceptual Overview, 29 St. Mary's L.J. 1037 (1998), was cited in Jonathan D. Colan, The Supreme Court's Talmudic Debate on the Meanings of Guilt, Innocence, and Finality, 73 Wash. & Lee L. Rev. 1243 (2016).

Samuel J. Levine & Bruce A. Green, Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 Ohio St. J. Crim. L. 143 (2016), was cited in Donald A. Dripps, The Civil Side of Criminal Procedure: Back to the Future?, 14 Ohio St. J. Crim. L. 1 (2016).

Michael Lewyn, New Urbanist Zoning for Dummies, 58 Ala. L. Rev. 257 (2006), was cited in Jonathon J. Andersh, Inclusionary Zoning: Chicago and the 2015 Affordable Requirements Ordinance, 2016 Mich. St. L. Rev. 853 (2016).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 Mo. L. Rev. 493 (2010), was cited in, Benjamin Pomerance, In Search of the Uniform: Praises, Problems, and the Quest for Consistency Within the Servicemembers' Civil Relief Act, 42 Ohio N.U. L. Rev. 747 (2016).

Jeffrey B. Morris, Federal Justice in the Second Circuit: A History of the United States Courts in New York, Connecticut & Vermont 1787 to 1987 (1987), was cited in, Raymond J. Lohier, Jr., The Court of Appeals as the Middle Child, 85 Fordham L. Rev. 945 (2016).

Deborah Post, Cultural Inversion and the One-Drop Rule: An Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence, 72 Alb. L. Rev. 909 (2009), was recently listed on SSRN's Top Ten download list for: BRN Rhetoric of Biological & Medical Science (Topic).

Patricia Salkin & Pamela Ko, Sustainable Drilling Through Health Impact Assessment: Understanding and Planning for Public Health Impacts, in Shale Gas and the Future of Energy (John C. Dernbach & James R. May eds., 2016), was cited in John C. Dernbach, Asking the Right Questions About the Future of Shale Gas, 49 J. Marshall L. Rev. 377 (2015).

Peter Zablotsky, Considering the Libel Trial of Émile Zola in Light of Contemporary Defamation Doctrine, 29 Touro L. Rev. 59 (2012), was cited in, Richard K. Neumann, Jr., Legislation's Culture, 119 W. Va. L. Rev. 397 (2016).

 

December 2016

Publications: 

Samuel J. Levine, Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 OHIO ST. J. CRIM. L. 143 (2016).
 
Samuel J. Levine, The Potential Utility of Disciplinary Regulation as a Remedy for Abuses of Prosecutorial Discretion, 12 DUKE J. CONST. L. & PUB. POL'Y 1 (2016).
 
Ilene Cooper, The Close of 2016 Provides Useful Instruction; Trusts and Estates Update, N.Y.L.J., Dec. 9, 2016.
 
 

Appointments & Honors:

Samuel J. Levine will be receiving this year's Sanford D. Levy Award from the New York State Bar Association's Committee on Professional Ethics in January
 
Meredith Miller, was appointed as a member of the LGBT Commission, a new commission created by Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks of the New York State Unified Court System to address LGBT concerns within the justice system and the legal profession, Dec. 14, 2016


Presentations:

Tracy McGaugh Norton, organized & hosted, Legal Writing Institute’s (first online) Workshop, Preparing Students for Law Practice in the Digital Age, Touro Law Center, Dec. 16, 2016
 
Jack Graves, presented, Teaching 21st Century Lawyering Course, Legal Writing Institute’s Workshop: Preparing Students for Law Practice in the Digital Age, Touro Law Center, Dec. 16, 2016
 
Sharon Pocock, presented, Preparing Students to Pass the Bar Exam (and Improving Analysis and Writing) Throughout Law School, Legal Writing Institute Conference: Preparing Practice Ready Students, Drake University Law School, Dec. 8, 2016
 
Michelle Zakarin & Kimberly Holst, presented, Creating and Teaching an Online Course, Legal Writing Institute’s Workshop: Preparing Students for Law Practice in the Digital Age, Touro Law Center, Dec. 16, 2016
 

Media Appearances:

Harry Ballan, was quoted in Karen Sloan & Jeff Storey, Flat Enrollment Overall Masks Wide Swings among Programs, N.Y.L.J., 12/23/16 at 1, col. 3
 
Richard Klein, was quoted in, Siobhan Becker, Big Business Boycotts not Likely to Succeed, LIBN, 12/5/16 (assessing the likelihood of successful consumer boycotts by those who were opposing the candidacies of Hillary Clinton and Donald Trump)
 
Richard Klein, was quoted in, Thomas MacMillan, New Phase in Patz Trial, WALL ST. J., 12/5/16 at A14B (discussing prosecutorial tactics in the retrial of Pedro Hernandez for the murder of Etan Patz)
 
Richard Klein, was quoted in, Eddie Small, Case against Bronx Court for Excessive Delays Hits Snag, DNA INFO (Dec. 23, 2016)
  

Citations:

Fabio Arcila, Jr., In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause, 10 U. PA. J. CONST. L. 1 (2007), was cited in Cynthia H. Conti-Cook, Defending the Public: Police Accountability in the Courtroom, 46 SETON HALL L. REV. 1063 (2016).
 
Fabio Arcila, Jr., The Death of Suspicion, 51 WM. & MARY L. REV. 1275 (2010), was cited in Wayne A. Logan & Andrew Guthrie Ferguson, Policing Criminal Justice Data, 101 MINN. L. REV. 541 (2016).
 
Myra E. Berman, Portals to Practice: A Multidimensional Approach to Integrating Experiential Education into the Traditional Law School Curriculum, 1 J. EXPERIENTIAL LEARNING 157 (2015), was cited in Alyson M. Drake, The Need for Experiential Legal Research Education, 108 LAW LIBR. J. 511 (2016).
 
Eileen Kaufman, Other Civil Rights Decisions in the October 2005 Term: Title VII, IDEA, and Section 1981, 22 TOURO L. REV. 1059 (2007), was cited in Alix Valenti, University of Texas Southwestern Medical Center v. Nassar: Will Plaintiffs' Claims of Retaliation Be More Difficult to Prove?, 16 ATLANTIC L.J. 95 (2014).
 
Eileen Kaufman, Deference or Abdication: A Comparison of the Supreme Courts of Israel and the United States in Cases Involving Real or Perceived Threats to National Security, 12 WASH. U. GLOBAL STUD. L. REV. 95 (2013), was cited in Daniel Ortner, The Terrorist's Veto: Why the First Amendment Must Protect Provocative Portrayals of the Prophet Muhammad, 12 NW. J. L. & SOC. POL'Y 1 (2016).
 
Richard Klein, An Analysis of Thirty-Five Years of Rape Reform: A Frustrating Search for Fundamental Fairness, 41 AKRON L. REV. 981 (2008), was cited in, Erick Kuylman, A Constitutional Defense of "Yes Means Yes"-California's Affirmative Consent Standard in Sexual Assault Cases on College Campuses, 25 S. CAL. REV. L. & SOC. JUST. 211 (2016) & Erin Gardner Schenk, David L. Shakes, Into the Wild Blue Yonder of Legal Representation for Victims of Sexual Assault: Can U.S. State Courts Learn from the Military?, 6 U. DENV. CRIM. L. REV. 1 (2016).
 
Richard Klein, The Relationship of the Court and Defense Counsel: The Impact of Competent Representation and Proposals for Reform, 29 B.C. L. Rev. 531 (1988), was cited in Elizabeth Slater, A Legal and Ethical Puzzle: Defense Counsel as Quasi Witness, 85 FORDHAM L. REV. 1427 (2016).
 
Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right of Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986), was cited in Sara Sun Beale & Richard E. Myers II, The Constitution v. the Convention: The Evolution of the Court-Mandated Right to Counsel in the United States and Europe, 27 DUKE J. COMP. & INT'L L. 1 (2016).
 
Samuel J. Levine, Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility Through a Perspective of Jewish Law and Ethics, 57 CATHOLIC U. L. REV. 165 (2007), was cited in Shlomo Pill, Jewish Law Antecedents to American Constitutional Thought, 85 MISS. L.J. 643 (2016).
 
Samuel J. Levine, Judicial Rhetoric and Lawyers' Roles, 90 NOTRE DAME L. REV. 1989 (2015), was cited in Joshua A. Liebman, Dishonest Ethical Advocacy?: False Defenses in Criminal Court, 85 FORDHAM L. REV. 1319 (2016).
 
Samuel J. Levine, Recent Applications of the Supreme Court's Hands-Off Approach to Religious Doctrine: From Hosanna-Tabor and Holt to Hobby Lobby and Zubik, in LAW, RELIGION, AND HEALTH IN THE UNITED STATES (Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper, eds., 2017), was recently listed on SSRN's Top Ten download list for: Law & Religion eJournal.
 
Samuel J. Levine, Teaching Jewish Law in American Law Schools - Part II: An Annotated Syllabus, 2 CHI.-KENT J. INT’L & COMP. L. 1 (2002), was recently listed on SSRN's Top Ten download list for: Judaism eJournal.
 
Samuel J. Levine, Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 OHIO ST. J. CRIM. L. 143 (2016), was recently listed on SSRN's Top Ten download list for: Ethics eJournal; Legal Ethics & Professional Responsibility eJournal; LSN: Procedure (Sub-Topic); PRN: Applied Ethics (Topic); PRN: Legal Theories, Policies & Practices, Law & Society (Topic); PRN: Business & Professional Ethics (Sub-Topic) & AARN: The Legal Profession (Topic).
 
Samuel J. Levine & Bruce A. Green, Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, 14 OHIO ST. J. CRIM. L. 143 (2016), was cited in Bruce Green & Ellen Yaroshefsky, Prosecutorial Accountability 2.0, 92 Notre Dame L. Rev. 51 (2016) & was mentioned in, Green & Levine on Disciplining Prosecutors for Abuse Discretion, CRIMPROF BLOG (Dec. 15, 2016)
 
Michael Lewyn, was mentioned in, Michael Valenza, From the Editor-in-Chief, 45 REAL EST. L.J. 285 (2016).
 
Michael Lewyn, “The Puzzling Persistence of Horizontal Privity,” 27-JUN Prob. & Prop. 32 (May/June 2013), was cited in, PROPERTY PROVISIONS OF THE JOINT OPERATING AGREEMENT, 2016 NO. 6 RMMLF-INST PAPER NO. 4, 4-79.
 
Patricia E. Salkin & Amy Lavine, Negotiating for Social Justice and the Promise of Community Benefits Agreements: Case Studies of Current and Developing Agreements, 17 J. AFFORDABLE HOUSING & COMMUNITY DEV. L. 113 (2008), was cited in Olatunde C.A. Johnson, Inclusion, Exclusion, and the "New" Economic Inequality, 94 TEX. L. REV. 1647 (2016).
 
Patricia E. Salkin, Can You Hear Me Up There? Giving Voice to Local Communities Imperative for Achieving Sustainability, 4 ENVT'L & ENERGY L & POL'Y J. 256 (2009), was cited in Adam J. Sulkowski, City Sustainability Reporting: An Emerging & Desirable Legal Necessity, 33 PACE ENVTL. L. REV. 278 (2016).
 
Patricia E. Salkin & Charles Gottlieb, Engaging Deliberative Democracy at the Grassroots: Prioritizing the Effects of the Fiscal Crisis in New York at the Local Government Level, 39 FORDHAM URB. L.J. 727 (2012), was cited in Daniel Chase Fishbein, 300 Governments: Understanding Intermunicipal Collaboration in Nassau County, NY and Policies of "Forced Efficiency" in New York State, 32 TOURO L. REV. 535 (2016).
 
Patricia E. Salkin & Zachary Kansler, Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance and Federal Quiet Acquiescence, 16 DRAKE J. AGRIC. L. 295 (2011), was cited in Lora A. Lucero, 39 Zoning and Planning Law Reports 1 (June 2016).
 
Patricia E. Salkin, Zoning and Land Use Planning: Effective Disaster Mitigation Depends upon Well-Coordinated Local Land Use Planning and Zoning, 34 REAL EST. L.J. 108 (2005), was cited in Troy A. Rule, Drone Zoning, 95 N.C. L. REV. 133 (2016).
 
Patricia E. Salkin, AM. LAW. ZONING (5th ed. 2015) & Patricia E. Salkin, N.Y. ZONING LAW & PRAC. (4th ed. 2015), were cited in Lara Major, There's No Place Like (Your) Home: Evaluating Existing Models and Proposing Solutions for Room-Sharing Regulation, 53 SAN DIEGO L. REV. 469 (2016).
 
Patricia E. Salkin, Zoning and Land Use Planning: Michigan Supreme Court Overturns Eminent Domain Case, 33 REAL ESTATE L.J. 478 (2005), was cited in Dwight Merriam, Time to Make Lemonade from the Lemons of the Kelo Case, 48 CONN. L. REV. 1569 (2016).
 
Patricia Salkin, The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, 27 J. LAND USE & ENVTL. L. 339 (2012), was cited in Jianlin Chen, Optimal Property Rights for Emerging Natural Resources: A Case Study on Owning Atmospheric Moisture, 50 U. MICH. J.L. REFORM 47 (2016).
 
Martin A. Schwartz, SECTION 1983 LITIGATION (Kris Markarian ed., 3d ed. 2014), was cited in Stephen I. Vladeck, The Demise of Merits-Based Adjudication in Post-9/11 National Security Litigation, 64 DRAKE L. REV. 1035 (2016).
 
Martin A. Schwartz, Karen Blum & Erwin Chemerinsky, Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in Kit Kinports, Heien's Mistake of Law, 68 ALA. L. REV. 121 (2016).
 
Marjorie A. Silver, Bernard Wolfman & Jonathan L.F. Silver, DISSENT WITHOUT OPINION: THE BEHAVIOR OF JUSTICE WILLIAM O. DOUGLAS IN FEDERAL TAX CASES (1975), was cited in Greg Goelzhauser, Silent Concurrences, 31 CONST. COMMENT. 351 (2016).
 
Marjorie A. Silver, THE AFFECTIVE ASSISTANCE OF COUNSEL PRACTICE LAW AS A HEALING PROFESSION (2007), was cited in Carol L. Zeiner, Should Therapeutic Jurisprudence Be Used to Analyze Impacts of Legal Processes on Government?, 28 ST. THOMAS L. REV. 1 (2015).
 
Theodore Silver, The Case for a Post-Mortem Organ Draft and A Proposed Model Organ Draft Act, 68 B.U. L. REV. 681 (1988), was cited in Emily Largent, Nota: Not A Good Act for Tissues to Follow, 19 QUINNIPIAC HEALTH L.J. 179 (2016).
 
Dan Subotnik, ‘‘Hands off”: Sex, Feminism, Affirmative Consent, and the Law of Foreplay, 16 S. CAL. REV. L. & SOC. JUST. 249 (2007), was cited in Erick Kuylman, A Constitutional Defense of "Yes Means Yes"-California's Affirmative Consent Standard in Sexual Assault Cases on College Campuses, 25 S. CAL. REV. L. & SOC. JUST. 211 (2016).
 
Dan Subotnik, Copulemus in Pace: A Meditation on Rape, Affirmative Consent to Sex, and Sexual Autonomy, 41 AKRON L. REV. 847 (2008), was cited in Alexander A. Boni-Saenz, Sexual Advance Directives, 68 ALA. L. REV. 1 (2016).
 
 

November 2016 

Publications:

Michael Lewyn, Two Arguments against Home-Sharing, 45 REAL EST. L.J. 432 (2016).
 
Michael Lewyn, (this month’s blog posts on PLANETIZEN) While Rural America Zigged, Suburban Sprawl Zagged (Nov. 21, 2016) & Does Suburbia Promote Fertility? (Nov. 7, 2016).
 
Sol Wachtler, Commentary, Nation Proved its Staying Power During Election of 1800, TIMES-UNION, 11/23/16 at D1.
 

Presentations:

Jack Graves, Technology and A2J for the SME Engaged in Global Trade Technology and A2J for the SME Engaged in Global Trade, Faculty Colloquium, Touro Law Center, November 2, 2016.
 
Samuel J. Levine, Law and Ethics: What’s the Difference?, Loyola University, Maryland, November 2016.
 
Samuel J. Levine, Jewish Law Institute CLE, Skadden Arps, N.Y., November 17, 2016.
 
Lawrence Raful, presented, Ethics CLE, sponsored by First American Title Insurance Company, Carlyle on the Green, Farmingdale, N.Y., Nov. 15, 2016.
 

Citations:

Harold I. Abramson, A Fifth Branch of Government: The Private Regulators and Their Constitutionality, 16 HASTINGS CONST. L.Q. 165 (1989), was quoted in Emily Hammond, Double Deference in Administrative Law, 116 COLUM. L. REV. 1705 (2016).
 
Harry Ballan was quoted in Andrew Denney, Many Bar Pass Rates Rise in First Year of UBE, N.Y.L.J., 11/14/16 at 1, col. 3.
 
Rodger Citron, The Nuremberg Trials and American Jurisprudence: The Decline of Legal Realism and the Revival of Natural Law, in THE NUREMBERG TRIALS: INTERNATIONAL CRIMINAL LAW SINCE 1945 (Herbert Reginbogin & Christoph Safferling, eds., 2006), was cited in Kerstin Bree Carlson, Reconciliation Through A Judicial Lens: Competing Legitimation Frameworks in the Icty's Plavsic and Babic Judgments, 44 DENV. J. INT'L L. & POL'Y 281 (2016).
 
Ilene S. Cooper & Jaclene D'Agostino, Forfeiture and New York's “Slayer Rule,” 87 N.Y. ST. B.A. J. 30 (Mar./Apr. 2015), was cited in Gerald Lebovits, Will of Fortune: New York Will Drafting-Part 1, 88 N.Y. ST. B.A. J. 64 (Nov./Dec. 2016).
 
Eileen Kaufman, The Second Amendment: An Analysis of District of Columbia v. Heller, 25 Touro L. Rev. 703 (2009), was cited in Ryan Notarangelo, Hunting Down the Meaning of the Second Amendment: An American Right to Pursue Game, 61 S.D. L. REV. 201 (2016).
 
Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465 (1998), was cited in Michael D. Murray, The Ethics of Visual Legal Rhetoric, 13 Legal Comm. & Rhetoric: JALWD 107 (2016).
 
Samuel J. Levine, Taking Ethical Discretion Seriously: Ethical Deliberation as Ethical Obligation, 37 IND. L. REV. 21 (2003), was quoted and cited in Louis Fisher, Civil Disobedience as Legal Ethics: The Cause Lawyer and the Tension between Morality and “Lawyering Law”, 51 HARV. C.R.-C.L. L. REV. 481 (2016).
 
Samuel J. Levine, Looking at the Establishment Clause through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers, 87 CHI.-KENT L. REV. 775 (2012) & Religious Symbols and Religious Garb in the Courtroom: Personal Values and Public Judgments, 66 FORDHAM L. REV. 1505 (1998), were cited in Matthew LeMieux, Religious Liberty in Germany and the United States: A Comparison (2016) (Ph.D. dissertation, University of Osnabrück, Germany).
 
Michael Lewyn, Against the Neighborhood Veto, 44 REAL EST. L. J. 82 (2015), was cited in Michael N. Widener, Land Use Consultations Advancing Therapeutic Jurisprudence: Ripe for Clinical Trials, 18 CARDOZO J. CONFLICT RESOL. 85 (2016).
 
Michael Lewyn was quoted in Laura Bliss, The Best Reader Comments: The True Meaning of Joel Kotkin's 'Localism', CITY LAB (Nov. 14, 2016). 
 
Melissa Luckman was quoted in Emily C. Dooley, Schumer, Gillibrand: Speed Up Sandy Flood Claim Probe, NEWSDAY, Oct. 31, 2016.
 
Meredith Miller was quoted in LGBT Bar Partners With Legal.io For Pro Bono, Referral Services, N.Y.L.J., Nov. 8, 2016, at 6, col. 4 & Ricci Dipshan, Community Tech: NY LGBT Bar Association Partners With Legal.io for Pro Bono, Referral Services, LEGAL TECH. NEWS (Nov. 3, 2016).
 
Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2016), was cited in Tanya D. Marsh, A New Lease on Death: Leasing, Land Use, and Retail Funeral Establishments, 32 PRAC. REAL EST. LAW. 31 (2016).
 
Patricia E. Salkin & John R. Nolon, Practically Grounded: Convergence of Land Use Law Pedagogy and Best Practices, 60 J. LEGAL ED. 519 (2011), was cited in Michael N. Widener, Land Use Consultations Advancing Therapeutic Jurisprudence: Ripe for Clinical Trials, 18 CARDOZO J. CONFLICT RESOL. 85 (2016).
 
Patricia E. Salkin, The Quiet Revolution and Federalism: Into the Future, 45 J. MARSHALL L. REV. 253 (2012), was cited in Bethany R. Berger, The Illusion of Fiscal Illusion in Regulatory Takings, 66 AM. U. L. REV. 1 (2016).
 
Patricia E. Salkin & John R. Nolon, LAND USE AND SUSTAINABLE DEVELOPMENT LAW: CASES AND MATERIALS (8th ed. 2012), was cited in Christopher K. Odinet, The Unfinished Business of Dodd-Frank: Reforming the Mortgage Contract, 69 SMU L. REV. 653 (2016).
Gary Shaw, A Heretical View of Teaching: A Contrarian Looks at Teaching, The Carnegie Report, and Best Practices, 28 TOURO L. REV. 1239 (2012), was cited in Jonathan K. Van Patten, Skills for Law Students, 61 S.D. L. REV. 165 (2016).
 
Marjorie A. Silver, Love, Hate and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999), was cited in Eduardo R.C. Capulong, Client As Subject: Humanizing the Legal Curriculum, 23 CLINICAL L. REV. 37 (2016).
 
Marjorie A. Silver, Evening the Odds: The Case for Attorneys' Fee Awards for Administrative Resolution of Title VI And Title VII Disputes, 67 N.C. L. REV. 379 (1989), was cited in Leora F. Eisenstadt & Jeffrey R. Boles, Intent and Liability in Employment Discrimination, 53 AM. BUS. L.J. 607 (2016).
 
Marjorie A Silver, The Professional Responsibility of Lawyers: Emotional Competence, Multiculturalism and Ethics, 13 J.L. & MEDICINE 431 (2006), was cited in Martha E. Simmons, Innovative Thinking and Clinical Education: The Experience of the Osgoode Mediation Intensive Program, 37 MAN. L.J. 363 (2013).
 
Marjorie A Silver, Sanford Portnoy & Jean Koh Peters, Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship: A Panel Discussion, 19 TOURO L. REV. 847 (2004), was cited in M. Lynne Jenkins, Teaching Law Students: Lessening the Potential Effects of Vicarious Trauma, 37 MAN. L.J. 383 (2013) & Janelle Anderson, Clinical Legal Education: Perspectives from Former Clinical Law Students, 37 MAN. L.J. 427 (2013).
 

October 2016

Publications:

Michael Lewyn, The Roots of Expensive Zoning, 45 REAL EST. L.J. 256 (2016)
 
Michael Lewyn (the most recent of his regular blog posts on Market Urbanism), Joel Kotkin’s New Book Lays out His Sprawling Vision for America, MARKET URBANISM (Sept. 29, 2016)
 
Michael Lewyn, Are States Too Active or Not Active Enough? Yes., PLANETIZEN (Oct. 26, 2016)
  
Ilene Cooper, Substantive and Procedural Issues Impact Surrogates' Decisions, N.Y.L.J., Oct. 7, 2016
 
Dan Subotnik, The Place of Race in Air Traffic Control, AMERICAN THINKER (Oct. 30, 2016)
 
 
Sol Wachtler, Opinion, ‘Alt-Right’ Threat to Republicans, NEWSDAY, 10/31/16 at 25
 

Appointments & Honors:

 
Lynne Kramer, 2016 Super Lawyer in the area of Family Law, N.Y. Times Supp., October 1, 2016.
 
Harry Ballan, 2016 Super Lawyer, N.Y. Times Supp., October 1, 2016.
 

Media Appearances:

Richard Klein, interview, NEWS 12, Oct. 28 & 29, 2016 (analyzing the significance of the announcement of the FBI that there was to be a further examination of the emails of Hillary Clinton). 
 

Presentations:

Harold Abramson, panelist, Moving the Needle: Diversity and Inclusion in Dispute Resolution, E.D.N.Y. Mediation Settlement Day Luncheon & CLE, Touro Law Center, October 20, 2016.
 
Hal Abramson presenter, Fashioning an Effective Negotiation Style-After Identifying Your Own Conflict Style, Faculty Colloquium, Touro Law Center, October 19, 2016.
 
Harold Abramson, presenter, Settlement Is Not Just About “Splitting the Difference,” Joint Program Meeting of the ADR Committee and the Federal Courts Committee, Nassau County Bar Association, October 17, 2016.
 
Joan Foley, organizer and panel moderator, Moving the Needle: Diversity and Inclusion in Dispute Resolution, E.D.N.Y. Mediation Settlement Day Luncheon & CLE, Touro Law Center, October 20, 2016.
 
Samuel J. Levine, Comparison of Jewish Law and American Law, Congregation Kesher Israel, Washington, D.C., October 22, 2016.
Michael Lewyn
, presenter, The Middle Class, Urban Schools, and Choice, The Modern Metropolis: Contemporary Legal Issues in Urban Communities, Belmont University College of Law, Nashville, Tennessee, October 7, 2016.
 
 

Citations: 

Deseriee A. Kennedy, Consumer Discrimination: The Limitations of Federal Civil Rights Protection, 66 MO. L. REV. 275 (2001), was cited in Jessica L. Roberts & Elizabeth Weeks Leonard, What Is (and Isn't) Healthism?, 50 GA. L. REV. 833 (2016).
 
Samuel J. Levine, Teaching Jewish Law in American Law Schools - Part II: An Annotated Syllabus, 2 Chi.-Kent J. Int'l & Comp. L. 1 (2002), was listed on SSRN's Top Ten download list for: Judaism eJournal.
 
Samuel J. Levine, Recent Applications of the Supreme Court's Hands-Off Approach to Religious Doctrine: From Hosanna-Tabor and Holt to Hobby Lobby and Zubik, in LAW, RELIGION, AND HEALTH IN THE UNITED STATES (Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper, eds., 2017), Forthcoming was mentioned in blog, Rick Garnett, Levine on the "Hands-Off Approach to Religious Doctrine, PRAWFSBLAWG (Oct. 27, 2016).
 
Samuel J. Levine, Symposium: Bob Dylan and the Law: Foreword, 38 FORDHAM URB. L.J. 1267 (2011), was cited in blog, Christine Corcos, Roundup: Law and Humanities, CONCURRING OPINIONS (Oct. 13, 2016).
 
Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465 (1998), was cited in Michael D. Murray, Leaping Language and Cultural Barriers with Visual Legal Rhetoric, 49 U.S.F.L. REV. F. 61 (2015).
 
Samuel J. Levine, A Critique of Hobby Lobby and the Supreme Court's Hands-Off Approach to Religion, 91 NOTRE DAME L. REV. ONLINE 26 (2015), was cited in Michael A. Helfand, Identifying Substantial Burdens, 2016 U. ILL. L. REV. 1771 (2016).
 
Michael Lewyn, was mentioned in a blog, Sam Dumitriu, The Sunday Times' Bizarre Witch Hunt Against Airbnb, ADAM SMITH INSTITUTE (Oct. 13, 2016).
 
Michael Lewyn, Against the Neighborhood Veto, 44 Real Est. L.J. 82 (2015), was cited in Daniel R. Mandelker, Zoning Barriers to Manufactured Housing, 48 URB. LAW. 233 (2016).
 
Michael Lewyn, How Environmental Review Can Generate Car-Induced Pollution: A Case Study, 14 SUSTAINABLE DEV. L. & POL'Y 16 (2014), was cited in Allison C.C. Hoppe, State-Level Regulation as the Ideal Foundation for Action on Climate Change: A Localized Beginning to the Solution of a Global Problem, 101 CORNELL L. REV. 1627 (2016).
 
Meredith R. Miller, Designing a Solo and Small Practice Curriculum, 83 UMKC L. REV. 949 (2015), was cited in Hillary A. Wandler, Spreading Justice to Rural Montana: Expanding Local Legal Services in Underserved Rural Communities, 77 MONT. L. REV. 235 (2016).
 
Patricia E. Salkin & Amy Lavine, Understanding Community Benefits Agreements: Equitable Development, Social Justice and Other Considerations for Developers, Municipalities and Community Organizations, 26 UCLA J. ENVTL. L. & POL'Y 291 (2008), was cited in Michael Baram, A New Social Contract for Governing Industrial Risk in the Community, 56 JURIMETRICS J. 223 (2016).
 
Patricia E. Salkin, ANDERSON'S AMERICAN LAW OF ZONING (4th ed. 2007), was cited in Becky H. Diffen, Competitive Renewable Energy Zones: How the Texas Wind Industry Is Cracking the Chicken & Egg Problem, 46 ROCKY MOUNTAIN MIN. L. FOUND. J. 47 (2009).
 
Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2015), was cited in Matthew J. McGowan, Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potential, 48 URB. LAW. 329 (2016).
 
Patricia E. Salkin, The Quiet Revolution and Federalism: Into the Future, 45 J. MARSHALL L. REV. 253 (2012), was cited in A. Dan Tarlock & Deborah M. Chizewer, Living with Water in A Climate-Changed World: Will Federal Flood Policy Sink or Swim?, 46 ENVTL. L. 491 (2016).
 
Martin A. Schwartz, Potential Problems in Condominium Terminations, FLA. B.J. 49 (2014), was cited in Marlene Brito, Terminating a Condominium or Terminating Property Rights: A Distinction Without A Difference, 45 REAL EST. L.J. 200 (2016).
 
Martin A. Schwartz, The Preiser Puzzle: Continuing Frustrating Conflict Between the Civil Rights and Habeas Corpus Remedies for State Prisoners, 37 DEPAUL L. REV. 85 (1988), was cited in Seth Barrett Tillman, Ex Parte Merryman: Myth, History, and Scholarship, 224 MIL. L. REV. 481 (2016).
 
Thomas A. Schweitzer & Bruce Ledewitz, American Religious Demoracy: Coming to Terms with the End of Secular Politics, 23 TOURO L. REV. 561 (2007), was cited in Naomi Cahn & Amy Ziettlow, Religion and End-of-Life Decision-Making, 2016 U. ILL. L. REV. 1713 (2016).
 
Marjorie A. Silver, Commitment and Responsibility: Modeling and Teaching Professionalism Pervasively, 14 WIDENER L.J. 329 (2005), Jerome M. Organ, David B. Jaffe & Katherine M. Bender, Ph.D., Suffering in Silence: The Survey of Law Student Well-Being and the Reluctance of Law Students to Seek Help for Substance Use and Mental Health Concerns, 66 J. LEGAL EDUC. 116 (2016).
 
Theodore Silver, One Hundred Years of Harmful Error: The Historical Jurisprudence of Medical Malpractice, 1992 WIS. L. REV. 1196 (1992), was cited in Eric Lindenfeld, Moving Beyond the Quick Fix: Medical Malpractice Non-Economic Damage Caps A Poor Solution to the Growing Healthcare Crisis, 41 T. MARSHALL L. REV. 109 (2015).
 
Dan Subotnik, Hands Off: Sex, Feminism, Affirmative Consent, and the Law of Foreplay, 16 S. CAL. REV. L. & SOC. JUST. 249 (2007), was cited in Noah Hilgert, The Burden of Consent: Due Process and the Emerging Adoption of the Affirmative Consent Standard in Sexual Assault Laws, 58 ARIZ. L. REV. 867 (2016).
 
Dan Subotnik, A Law Review Editor and Faculty Author Learn to Speak Honestly, 32 TOURO L. REV. 441 (2016), was cited in a blog: Ian Ayres and Greg Klass, Solicitation Fraud: The Important Difference Between “Not Intending to” and “Intending Not to, BALKINIZATION (Oct. 5, 2016).
 
 

August/September 2016 

 

Publications:

Laura Dooley, presenter, When Torts Met Civ Pro, Faculty Colloquium, Touro Law Center, September 21, 2016.
Eileen Kaufman
co-authored a comprehensive report for Tibet Justice Center detailing the status of Tibetans in India.
 
Michael Lewyn, When Scalia Wasn't Such an Originalist, 32 TOURO L. REV. 747 (2016).
 
Dan Subotnik, A Law Review Editor and Faculty Author Learn to Speak Honestly, 32 TOURO L. REV. 441 (2016).
 
Dan Subotnik, Honest Talk about Race, 29 ACAD. QUESTIONS 356 (Fall 2016).
 
Kim Susser & Amy Barasch, Court of Appeals Recognizes New Frontiers in Parenting, N.Y.L.J., 09/19/16 at 4, col. 1.
 
Sol Wachtler, Is This Election a Moment for the Electoral College?, Newsday, 8/15/16 at 26.
 

Appointments & Honors:

Joan Foley was elected President-Elect of the Federal Bar Association – Eastern District of New York Chapter.
 
Deborah Post will be honored at KCON XII in February 2017 for her lifetime achievement in the field of contract law.

 

Presentations:

Harold Abramson, expert advisor, on behalf of the International Mediation Institute (IMI), at United Nations Commission on International Trade Law (UNCITRAL) Drafting Meetings; organized Mediation Educational Program for international delegates; and moderated evening program. Vienna International Arbitration Center, Vienna, September 19 - 24, 2016.
 
Eileen Kaufman served as an expert witness in two political asylum cases on behalf of Tibetans. Her expertise concerned the status of Tibetans in India and reflected the research she has been engaged in for over a decade. The issue that often arises in these asylum cases is whether the Tibetan, who would clearly face persecution were he/she to be returned to Tibet, was "firmly resettled" in India. In the hearing on August 23, the judge ruled from the bench and granted asylum, finding that the conditions in India do not amount to firm resettlement.
 
Eileen Kaufman presenter, Lecture on the Abortion and Affirmative Action Cases of Last Term, Annual Leon D. Lazer Supreme Court Review, Touro Law Center, September 30, 2016. 
 
Samuel Levine presented, Comparisons between the Text of the Torah and the United States Constitution, at Touro Law Center’s faculty colloquium, on September 7.
 
Samuel Levine presented a CLE, To Save a Life: Confidentiality and the Innocent Convict in Jewish Law and American Law, at Proskauer Rose, as a Jewish Law Institute event, on September 12.
 
Michael Lewyn, presenter, The Criminalization of Walking, Faculty Colloquium, Touro Law Center, September 14, 2016.
 
Marjorie Silver, presenter, Mental Health in the Legal Profession, Hope for Depression Research Foundation, New York City Bar Association, September 28, 2016.
 

Citations:

Suzanne Darrow-Kleinhaus & Mary Campbell Gallagher, A Comparison of the New York Bar Examination and the Proposed Uniform Bar Examination, 87 N.Y. ST. B.J. 32 (2015), was cited in Judith Welch Wegner, Contemplating Competence: Three Meditations, 50 VAL. U. L. REV. 675 (2016).
 
Richard Klein, A Generation Later: The Constitutionalization of Ineffective Assistance of Counsel, 58 MD. L. REV. 1433 (1999), was cited in Sean McLeod, Administration of the Criminal Justice System: When Efficiency Trumps a Fundamental Right, 32 TOURO L. REV. 851 (2016).
 
Samuel J. Levine, Looking Beyond the Mercy/Justice Dichotomy: Reflections on the Complementary: Roles of Mercy and Justice in Jewish Law and Tradition, 45 J. CATH. LEG. STUD. 455 (2006), was cited in Kathleen Bonnette, The Heart of Justice: An Augustinian Ethic of Relational Responsibility, Th.D. Dissertation, La Salle University (2016).
 
Samuel J. Levine, Taking the Ethical Duty to Self Seriously: An Essay in Memory of Fred Zacharias, 48 SAN DIEGO L. REV. 285 (2011), was quoted in Michael S. McGinniss, The Character of Codes: Preserving Spaces for Personal Integrity in Lawyer Regulation, 29 GEO. J. LEGAL ETHICS 559 (2016).
 
Samuel J. Levine, Symposium: Bob Dylan and the Law: Foreword, 38 FORDHAM URB. L.J. 1267 (2011), was cited in Richard H. Underwood, Notes from the Underground (Sometimes Aboveground, Too), 3 SAVANNAH L. REV. 161 (2016).
 
Samuel J. Levine, A Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview, 20 NOTRE DAME J.L. ETHICS & PUB. POL’Y 11 (2006) & Reflections on the Practice of Law as a Religious Calling, From a Perspective of Jewish Law and Ethics, 32 PEPP. L. REV. 411 (2005), were cited in Katie Murray, Reconciling Law and Morality in a Secular Legal System: Christian and Jewish Approaches to Lawyers' Ethics, 41 MONASH U. L. REV. 696 (2015).
 
Samuel J. Levine & Russell G. Pearce, Rethinking the Legal Reform Agenda: Will Raising the Standards for Bar Admission Promote or Undermine Democracy, Human Rights, and the Rule of Law?, 77 FORDHAM L. REV. 1635 (2009), was cited in Chung Yousun & Chung Sunwook, Societal Push for Labour Protection: The Emerging Role of Watchdogs in Nanjing, 14 CHINA: INT’L J. 71 (2016).
 
Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), was included in the syllabus of the course Ancient and Modern Constitutionalism at the University of Copenhagen.
 
Michael Lewyn, Deny, Deny, Deny, 44 REAL EST. L.J. 558 (Spring 2016), was listed on SSRN's Top Ten download list for: 3 eJournals & was also cited in a blog: Not Just Economists, THE ANTIPLANNER (Sept. 14, 2016).
 
Jeffrey Morris, FEDERAL JUSTICE IN THE SECOND CIRCUIT: A HISTORY OF THE UNITED STATES COURTS IN NEW YORK, CONNECTICUT & VERMONT, 1787 TO 1987 (1987), was cited in John Fabian Witt, Introduction: Constraint, Authority, and the Rule of Law in A Federal Circuit Court of Appeals, 85 FORDHAM L. REV. 3 (2016) & Karen Patton Seymour, Securities and Financial Regulation in the Second Circuit, 85 FORDHAM L. REV. 225 (2016) & Matthew Diller & Alexander A. Reinert, The Second Circuit and Social Justice, 85 FORDHAM L. REV. 73 (2016).
 
Deborah Waire Post, Power and the Morality of Grading-A Case Study and a Few Critical Thoughts on Grade Normalization, 65 UMKC L. REV. 777 (1997), was cited in Judith Welch Wegner, Contemplating Competence: Three Meditations, 50 VAL. U. L. REV. 675 (2016).
 
Patricia E. Salkin, From Euclid to Growing Smart: The Transformation of the American Local Land Use Ethic into Local Land Use and Environmental Controls, 20 PACE ENVTL. L. REV. 109 (2002), was cited in Liz Darling Edmondson, The Incorporation of Health Impact Analysis into Land Use Regulation: Using Health Impact Assessments to Promote Sustainable, Healthy Communities, 8 KY. J. EQUINE, AGRIC. & NAT. RESOURCES L. 43 (2016).
 
Patricia E. Salkin, The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, 27 J. LAND USE & ENVTL. L. 339 (2012), was cited in Hannah J. Wiseman, Disaggregating Preemption in Energy Law, 40 HARV. ENVTL. L. REV. 293 (2016).
 
Patricia E. Salkin, From Bricks and Mortar to Mega-Bytes and Mega-Pixels: The Changing Landscape of the Impact of Technology and Innovation on Urban Development, 42/ 43 URB. LAW. 11 (2010/2011), was cited in Nestor M. Davidson & John J. Infranca, The Sharing Economy As an Urban Phenomenon, 34 YALE L. & POL'Y REV. 215 (2016).
 
Martin A. Schwartz, Attorney's Fees in Civil Rights Cases--October 2009 Term, 27 TOURO L. REV. 113 (2011), was cited in Michael A. Olivas, Who Gets to Control Civil Rights Case Management? An Essay on Purposive Organizations and Litigation Agenda-Building, 2015 MICH. ST. L. REV. 1617 (2015).
 
Martin A. Schwartz & John E. Kirklin, SECTION 1983 LITIGATION: CLAIMS AND DEFENSES (5th ed. 2014), was cited in Christopher M. Eisenhauer, Police Action and the State-Created Danger Doctrine: A Proposed Uniform Test, 120 PENN ST. L. REV. 893 (2016).
 
Martin A. Schwartz, The Supreme Court's Unfortunate Narrowing of the Section 1983 Remedy for Brady Violations, Champion, p. 58 (May 2013), was cited in Gerald S. Reamey, The Truth Might Set You Free: How the Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not, 48 TEX. TECH L. REV. 893 (2016).
 
Martin A. Schwartz & Kathryn R. Urbonya, SECTION 1983 LITIGATION (2d ed. 2008) & Karen Blum, Erwin Chemerinsky & Martin A. Schwartz, Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in Devon W. Carbado, Blue-on-Black Violence: A Provisional Model of Some of the Causes, 104 GEO. L.J. 1479 (2016) & Erin L. Donnelly, The Preclusion of § 1983 Claims by the Age Discrimination in Employment Act Following Hildebrand v. Allegheny County, 90 ST. JOHN'S L. REV. 109 (2016).
 
Marjorie A. Silver, Preface and Introduction: Transforming Justice, Lawyers, and the Practice of Law, forthcoming 2016, was cited in a blog: Recent Articles of Interest, RELIGION CLAUSE (Sept. 5, 2016) & made SSRN's Top Ten download list for 2 eJournals.
 
Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999) & Marjorie A. Silver, Sanford Portnoy & Jean Koh Peters, Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship: A Panel Discussion, 19 TOURO L. REV. 847 (2004), were both cited in David A. Singleton, To Love or Not to Love: The Possibility, Promise, and Peril of Mutually Transformative Attorney-Client Friendships, 46 SETON HALL L. REV. 743 (2016) & Sabrineh Ardalan, Constructive or Counterproductive? Benefits and Challenges of Integrating Mental Health Professionals into Asylum Representation, 30 GEO. IMMIGR. L.J. 1 (2015).
 
Marjorie Silver, Emotional Intelligence and Legal Education, 5 PSYCHOL. PUB. POL'Y & L. 1173 (1999), was also cited in Sabrineh Ardalan, Constructive or Counterproductive? Benefits and Challenges of Integrating Mental Health Professionals into Asylum Representation, 30 GEO. IMMIGR. L.J. 1 (2015).
 
Marjorie A. Silver, Sanford Portnoy & Jean Koh Peters, Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship: A Panel Discussion, 19 TOURO L. REV. 847 (2004), was cited in Recent Publications, 41 YALE J. INT'L L. 493 (2016).
 
Marjorie A. Silver, THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION (chapter by Bruce J. Winick, Overcoming Psychological Barriers to Settlement: Challenges for the TJ Lawyer) (2006), was cited in Michael L. Perlin & Alison J. Lynch, “Mr. Bad Example”: Why Lawyers Need to Embrace Therapeutic Jurisprudence to Root Out Sanism in the Representation of Persons with Mental Disabilities, 16 Wyo. L. Rev. 299 (2016) & Michael L. Perlin, “Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct and the Use of "Ethnic Adjustments" in Death Penalty Cases of Defendants with Intellectual Disabilities, 65 AM. U. L. REV. 1437 (2016).
 
Dan Subotnik, A Law Review Editor and Faculty Author Learn to Speak Honestly, 32 TOURO L. REV. 441 (2016), was cited in Joseph Scott Miller, A Modest Proposal for Expediting Manuscript Selection at Less Prestigious Law Reviews (2016) & was listed on SSRN's Top Ten download list for: Legal Writing eJournal.