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Faculty Accomplishments

 

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.