Nov / Dec 2018
November / December 2018
Michelle Zakarin, A Pioneer and Role Model, 34 TOURO L. REV. xi (2018).
Harry Ballan, was honored at, Music has Power Awards, Institute for Music and Neurologic Function, The Times Center, New York, NY, Nov. 19, 2018.
Michael Lewyn, Alex Armlovich - Manhattan Institute, LEWYN ON LAND USE (Nov. 13, 2018).
Harold Abramson, Crossing Borders into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, 49 S. TEX. L. REV. 921 (2008), was cited in, Robert Rubinson, Stories of Experience: Economic Inequality in Mediation, 70 S.C. L. REV. 85 (2018).
Harold Abramson, Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 Cardozo J. Conflict Resol. 253 (2007) & Harold Abramson (& Carrie Menkel-Meadow), Mediating Multiculturally: Culture and the Ethical Mediator, in MEDIATION ETHICS: CASES & COMMENTARIES (2011), were cited in, Theodore K. Cheng, Developing Skills to Address Cultural Issues in Arbitration and Mediation, 72 DISP. RESOL. J. 1 (2017).
Fabio Arcila, Jr., The Framers' Search Power: The Misunderstood Statutory History of Suspicion & Probable Cause, 50 B.C.L. REV. 363 (2009) & 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), were cited in, George C. Thomas III, The Common Law Endures in the Fourth Amendment, 27 WM. & MARY BILL RTS. J. 85 (2018).
Fabio Arcila, Jr., The Framers' Search Power: The Misunderstood Statutory History of Suspicion & Probable Cause, 50 B.C. L. Rev. 363 (2009), was cited in, Henry Lowenstein & Kathryn Kisska-Schulze, A Historical Examination of the Constitutionality of the Federal Estate Tax, 27 WM. & MARY BILL RTS. J. 123 (2018).
Laura G. Dooley, The Dilution Effect: Federalization, Fair Cross-Sections, and the Concept of Community, 54 DEPAUL L. REV. 79 (2004), was cited in, Brief of Appellant, United States v. Savage, 2018 WL 5802600 (C.A.3 2018)
Jack M. Graves (& Joseph F. Morrissey), INTERNATIONAL SALES LAW AND ARBITRATION: PROBLEMS, CASES, AND COMMENTARY (2008), was cited in, Shai Dothan, When Immediate Responses Fail, 51 VAND. J. TRANSNAT'L L. 1075 (2018).
Jack M. Graves, Party Autonomy in Choice of Commercial Law: The Failure of Revised U.C.C. § 1-301 and a Proposal for Broader Reform, 36 SETON HALL L. REV. 59 (2005), was cited in, Deborah Ogali, Lady Justice Cannot Hear Your Prayers, 87 FORDHAM L. REV. 1293 (2018).
Eileen Kaufman, (with Andrea A. Curcio & Carol L. Chomsky), Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. MASS. L. REV. 206 (2014), was cited in, Mark S. Brodin, Discriminatory Job Knowledge Tests, Police Promotions, and What Title VII Can Learn from Tort Law, 59 B.C. L. REV. 2319 (2018).
Eileen Kaufman, (with Andrea A. Curcio & Carol L. Chomsky), Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. MASS. L. REV. 206 (2014), was cited in, Jennifer E. Spreng, Suppose the Class Began the Day the Case Walked in the Door: Accepting Standard 314's Invitation to Imagine A More Powerful, Professionally Authentic First-Year Learning Experience, 95 U. Det. Mercy L. Rev. 421 (2018).
Eileen Kaufman, (with Andrea A. Curcio & Carol L. Chomsky), Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. MASS. L. REV. 206 (2014), was cited in, Christina Shu Jien Chong, Battling Biases: How Can Diverse Students Overcome Test Bias on the Multistate Bar Examination, 18 U. MD. L.J. RACE, RELIGION, GENDER & CLASS 31 (2018).
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, Michael J. Sherman, Military and National Security Deference in Judicial Decision Making: The Differing Cases of Israel and the United States, 87 UMKC L. REV. 367 (2019).
Deseriee A. Kennedy (& Melissa L. Breger, Jill M. Zuccardy & Lee H. Elkins), NEW YORK LAW OF DOMESTIC VIOLENCE (2017), was cited in, Colleen D. Duffy & Ivy Ozer, The State of Physical Injury and Serious Physical Injury in New York Criminal Law, 81 ALB. L. REV. 1077 (2018).
Deseriee A. Kennedy, The Good Mother: Mothering, Feminism, and Incarceration, 18 WM. & MARY J. WOMEN & L. 161 (2012), was cited in, Bryonn Bain, Women Beyond Bars: A Post-Prison Interview with Jennifer Claypool and Wendy Staggs, 25 UCLA WOMEN'S L.J. 87 (2018).
Deseriee A. Kennedy, Using the NFL as a Model? Considering Zero Tolerance in the Workplace for Batterers, 45 U. BAL. L. REV. 293 (2016), was cited in, Martha Chamallas, Will Tort Law Have Its #Me Too Moment?, 11 J. TORT L. 39 (2018).
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, Ebony Davenport, Bargain Brand Justice: Ohio's Indigent Defense Funding Model Makes Justice Inaccessible and Undermines the Sixth Amendment, 43 U. DAYTON L. REV. 391 (2018).
Richard Klein, An Analysis of Thirty-Five Years of Rape Reform: A Frustrating Search for Fundamental Fairness, 41 AKRON L. REV. 981 (2007), was cited in, Alena Allen, Rape Messaging, 87 FORDHAM L. REV. 1033 (2018).
Richard Klein, The Empire Strikes Back: Britain's Use of the Law to Suppress Political Dissent in Hong Kong, 15 B.U. INT'L L.J. 1 (1997), was cited in, Brief of the Chamber of Commerce of the United States of America as Amicus Curiae in Support of Neither Party, Manhattan Community Access Corporation v. Halleck, 2018 WL 6523887 (U.S. 2018).
Richard Klein, The Empire Strikes Back: Britain's Use of the Law to Suppress Political Dissent in Hong Kong, 15 B.U. Int'l L.J. 1 (1997), was cited in, Brief for Amicus Curiae Chamber of Commerce of the United States of America in Support of Appellees Google LLC and YouTube, LLC and in Support of Affirmance, Prager University v. Google & YouTube, 2018 WL 5905878 (C.A.9 2018).
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, Dan Subotnik, Why Not Believe Women in Sexual Assault Cases?: An Engagement with Professors Tuerkheimer, Colb, and Many Others, 34 TOURO L. REV. 995 (2018).
Samuel J. Levine, The Law: Business or Profession? The Continuing Relevance of Julius Henry Cohen for the Practice of Law in the Twenty-First Century: Foreword, 40 FORDHAM URB. L.J. 1 (2012), was cited in, Helen Kruuse & Philip Genty, The State’s Role in the Regulation and Provision of Legal Services in South Africa and the United States: Supporting, Nudging, or Interfering?, 42 FORDHAM INT’L L.J. 373 (2018).
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 A. Green & Rebecca Roiphe, Can the President Control the Department of Justice?, 70 ALA. L. REV. 1 (2018).
Samuel J. Levine, Rethinking the Supreme Court's Hands-Off Approach to Questions of Religious Practice and Belief, 25 FORDHAM URB. L.J. 85 (1997), was cited in, Chad J. Pomeroy, Let My Arm Be Broken Off at the Elbow, 71 OKLA. L. REV. 453 (2019).
Samuel J. Levine, The Law and the "Spirit of the Law" in Legal Ethics, 2015 J. Prof. Law. 1 (2015), was cited in, Hansrudi Lenz, Aggressive Tax Avoidance by Managers of Multinational Companies as a Violation of Their Moral Duty to Obey the Law: A Kantian Rationale, J. Bus. Ethics ONLINE (2018).
Samuel J. Levine, Toward a Religious Minority Voice: A Look at Free Exercise Law Though a Religious Minority Perspective, 5 WM. & MARY BILL RTS. J. 153 (1996), was cited in, Brief of the Islam & Religious Freedom Action Team of the Religious Freedom Institute as Amicus Curiae Supporting Petitioners, American Legion v. American Humanist Ass'n, 2018 WL 6819430 (U.S. 2018).
Samuel J. Levine, WAS YOSEF ON THE SPECTRUM? UNDERSTANDING JOSEPH THROUGH TORAH, MIDRASH, AND CLASSICAL JEWISH SOURCES (2018), was featured in the following newspapers and blogs: Alan Jay Gerber, The Legacy of Yosef, JEWISH STAR (Dec. 12, 2018); Dr. Deena R. Zimmerman, Re-Considering Yosef, JEWISH PRESS (Dec. 20, 2018); Israel Drazin, Was the Biblical Joseph Autistic?, TIMES OF ISRAEL (Dec. 9, 2018); Johnny Solomon, Was Yosef on the Spectrum?, RABBI JOHNNY SOLOMON BLOG (Nov. 30 2018); Samuel J. Levine, Was Joseph on the Autism Spectrum?, DISABILITY AND FAITH FORUM (Dec. 6, 2018).
Samuel J. Levine, is currently listed in the top 10% of Authors on SSRN by total new downloads within the last 12 months in November & December.
Samuel J. Levine, was currently in the top 10% of Authors on SSRN by all-time downloads in November & December.
Samuel J. Levine, Teaching Jewish Law in American Law Schools - Part II: An Annotated Syllabus, was recently listed on SSRN's Top Ten download list for: Judaism eJournal.
Michael E. Lewyn, How to Limit Gerrymandering, 45 FLA. L. REV. 403 (1993), was cited in, Robert M. Ackerman, Communitarianism and the Roberts Court, 45 FLA. ST. U. L. REV. 59 (2017).
Michael E. Lewyn, How Overregulation Creates Sprawl (Even In A City Without Zoning), 50 WAYNE L. REV. 1171 (2005), was cited in, Brady Getlan, Houston Strong: A World Series Ring, but Is There A Problem with A Lack of Zoning Laws?, 7 U. BALT. J. LAND & DEV. 63 (2018).
Michael Lewyn, The Criminalization of Walking, 2017 ILL. L. REV. 1167 (2017), was cited in, David Pimentel, Cycling, Safety, and Victim-Blaming: Toward a Coherent Public Policy for Bicycling in 21st Century America, 85 TENN. L. REV. 753 (2018).
Michael Lewyn, Character Counts: The “Character of the Government Action” in Regulatory Takings Actions, 40 SETON HALL L. REV. 597 (2010), was cited in, Zachary Segal, Taking Back Bitcoin, 34 TOURO L. REV. 1375 (2018).
Michael E. Lewyn, How to Limit Gerrymandering, 45 FLA. L. REV. 403 (1993), was cited in, Abigail Aguilera, Drawing the Line: Whitford v. Gill and the Search for Manageable Partisan Gerrymandering Standards, 86 U. CIN. L. REV. 775 (2018).
Melissa H. Luckman, was quoted in Rep. Kathleen Rice’s (D-New York) Press Release, Rep. Rice Introduces Bipartisan Bill to Increase Transparency Around Disaster Relief Benefits and Claw (Oct. 30, 2018).
Meredith R. Miller, Getting Paid in the Naked Economy, 32 HOFSTRA LAB. & EMP. L.J. 279 (2015), was cited in, Michael Fahner, Promising Protection: An Assessment of New York City's Freelance Isn't Free Act, 14 N.Y.U. J.L. & BUS. 1049 (2018).
Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 MO. L. REV. 493 (2010), was cited in, Frank Sullivan, Jr., Banking, Business, and Contract Law, 51 IND. L. REV. 945 (2018).
Jeffrey B. Morris, FEDERAL JUSTICE IN THE SECOND CIRCUIT: A HISTORY OF THE UNITED STATES COURTS IN NEW YORK, CONNECTICUT AND VERMONT (1987), was cited, Edward A. Purcell, Jr., The Historical Significance of Judge Learned Hand: What Endures and Why?, 50 ARIZ. ST. L.J. 855 (2018).
Tracy McGaugh Norton et al., INTERACTIVE CITATION WORKBOOK FOR ALWD GUIDE TO LEGAL CITATION (LexisNexis 2014) & Tracy McGaugh Norton et al., INTERACTIVE CITATION WORKBOOK FOR THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (LexisNexis 2014), were cited in, Susie Salmon, Shedding the Uniform: Beyond A "Uniform System of Citation" to A More Efficient Fit, 99 MARQ. L. REV. 763 (2016).
Deborah W. Post (Phoebe A. Haddon), Misuse and Abuse of the LSAT, 80 St. John's L. Rev. 41 (2006), was cited in, Raisa D'Oyley, Overrepresented and Under the Radar: Black Immigrants in Law School and the Legal Profession, 10 GEO. J.L. & MOD. CRITICAL RACE PERSP. 1 (2018).
Deborah W. Post (Phoebe A. Haddon), Misuse and Abuse of the LSAT, 80 St. John's L. Rev. 41 (2006), was cited in, Caleb N. Griffin, Incentives, Culture, and Change in American Legal Education, 87 U. CIN. L. REV. 325 (2018).
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), was cited in, Nathan VanDenBerghe, "Stand Fast Therefore in the Liberty": An Articulation and Expansion of RLUIPA's "Substantial Burden", 49 U. TOL. L. REV. 761 (2018).
Patricia E. Salkin, Beware: What You Say to Your [Government] Lawyer May be Held Against You--The Erosion of Government-Attorney Client Confidentiality, 35 URB. LAW 283 (2003), was cited in. Kathryn
Marshall, Advancing the Public Interest: Why the Model Rules Should Be Amended to Facilitate Federal Government Attorney Whistleblowing, 31 GEO. J. LEGAL ETHICS 747 (2018).
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, Lindsay M. Harris, Learning in "Baby Jail": Lessons from Law Student Engagement in Family Detention Centers, 25 CLINICAL L. REV. 155 (2018).
Patricia E. Salkin (& Allyson Phillips), Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege, 39 IND. L. REV. 561 (2006), was cited in, Fort Sill Apache Tribe v. Nat'l Indian Gaming Comm'n, 2018 U.S. Dist. LEXIS 201089 (D.D.C. Nov. 28, 2018).
Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS AND DEFENSES (4th ed. 2017), was cited in, McCubbin v. Weber Cty., 2018 U.S. Dist. LEXIS 212391 (D. Utah Dec. 17, 2018).
Martin A. Schwartz, SECTION 1983 CLAIMS AND DEFENSES (4th ed. 2018 Supp.), was cited in, Char v. Simeona, 2018 U.S. Dist. LEXIS 189665 (D. Haw. Nov. 6, 2018).
Martin A. Schwartz, Section 1983 Litigation Federal EVIDENCE (2018), was cited in, Roque v. City of Austin, 2018 U.S. Dist. LEXIS 190960 (W.D. Tex. Nov. 7, 2018).
Martin A. Schwartz, Due Process and Fundamental Rights, 17 TOURO L. REV. 237 (2016), was cited in, Elana Bengualid, The Futility of Futility: An Analysis of the Charlie Gard Case Within the Framework of U.S. Law, 40 CARDOZO L. REV. 463 (2018).
Martin A. Schwartz (& John E. Kirklin), SECTION 1983 LITIGATION: CLAIMS AND DEFENSES (3d ed. 1977), was cited in, Megan E. Cambre, A Single Symbolic Dollar: How Nominal Damages Can Keep Lawsuits Alive, 52 GA. L. REV. 933 (2018).
Martin A. Schwartz et al., Trial Evidence 2011: Advocacy, Analysis, & Illustrations, 28 TOURO L. REV. 1 (2012), was cited in, Marc D. Ginsberg, Informed Consent: No Longer Just What the Doctor Ordered? Revisited, 52 AKRON L. REV. 49 (2018).
Martin A. Schwartz, SECTION 1983 LITIGATION: CLAIMS AND DEFENSES (4th ed. 2007), was cited in, Christopher Klement & Darrell G. Noga, Advanced Government Law, TXCLE (State Bar of Texas 2018).
Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Luke Ryan, Against Conduct-Based Immunity for Torture Victim Protection Act Defendants, 23 BARRY L. REV. 1 (2017).
Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999), was cited in, Shira Leiterdorf-Shkedy & Tali Gal,The Sensitive Prosecutor: Emotional Experiences of Prosecutors in Managing Criminal Proceedings, INT’L J.L. & PSYCHIATRY ONLINE (2018).
Sol Wachtler (& Keri Bagala), From the Asylum to Solitary: Transinstitutionalization, 77 ALB.L. REV. 915 (2014), was cited in, Laura I Appleman, Deviancy, Dependency, and Disability: The Forgotten History of Eugenics and Mass Incarceration, 68 DUKE L.J. 417 (2018).