January 2019

January 2019


Michael Lewyn, Learning from the National Household Travel Survey, PLANETIZEN (Jan. 22, 2019).
Martin A. Schwartz, ‘Supervisory Liability’ Revisited, N.Y.L.J. (Jan. 2, 2019).
Patricia Salkin (& Larry Cunningham), The Role of State Law in Legal Education and Attorney Licensing, N.Y.L.J. (Jan. 7, 2019).
Sol Wachtler, Don’t Blame Trump for the Shutdown, NEWSDAY (Jan. 17, 2019).


Richard Klein, received the 2019 SALT Great Teacher Award, Loyola University New Orleans School of Law, New Orleans, LA, Jan. 4, 2019.

Michael Lewyn, In Defense of the American Community Survey, Federalist Society Annual Faculty Conference 7 Minute Presentations of Works in Progress Panel 1-B, AALS Conference, New Orleans, LA, Jan. 3, 2019.

Samuel J. Levine, moderated a panel, One Hundred Years of Rent Control: An Examination of the Past and Future of Rental Housing, Fordham Urban Law Journal's 2019 Spring Symposium, NY, NY, Jan. 18, 2019.

Larry Raful, served as ethics advisor, Ethics Game Night!, Suffolk County Bar Association, Hauppauge, NY, Jan. 20, 2019.

Appointments & Elections:
Joan Foley, was re-elected to the Executive Committee of the Association of American Law Schools' Aging and the Law Section.

Book Review:
Samuel J. Levine, JEWISH LAW AND AMERICAN LAW: A COMPARATIVE STUDY (Touro College Press 2018), was reviewed in, Michael A. Helfand, From Doctrine to Devotion: The Jewish Comparative Law Project, 67 AM. J. COMP. L. (forthcoming 2019).

Harold I. Abramson, A Fifth Branch of Government: The Private Regulators and Their Constitutionality, 16 HASTINGS CONST. L.Q. 165 (1989), was cited in, Melissa Murray, Consequential Sex: #METOO, Masterpiece Cakeshop, and Private Sexual Regulation, 113 NW. U. L. REV. 825 (2019).

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) & Fabio Arcila, Jr., The Death of Suspicion, 51 WM. & MARY L. REV. 1275 (2010), were cited in, Lawrence Rosenthal, An Empirical Inquiry into the Use of Originalism: Fourth Amendment Jurisprudence During the Career of Justice Scalia, 70 HASTINGS L.J. 75 (2018).

Fabio Arcila, Jr., The Future of Scholarship in Law Schools, 31 TOURO L. REV. 15 (2014), was cited in, Gregory Sisk, Nicole Catlin, Katherine Veenis, Nicole Zeman, Scholarly Impact of Law School Faculties in 2018: Updating the Leiter Score Ranking for the Top Third, 15 U. ST. THOMAS L.J. 95 (2018).

Fabio Arcila, Jr., THE DEATH OF SUSPICION, 51 WM. & MARY L. REV. 1275 (2010), was cited in, Ismail Cem Kuru, Your Hard Drive Is Almost Full: How Much Data Can the Fourth Amendment Hold, U. Ill. J.L. Tech. & Pol'y 89 (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, Wayne A. Logan, Policing Police Access to Criminal Justice Data, 104 IOWA L. REV. 619 (2019).

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, Uri Benoliel, The Course of Performance Doctrine in Commercial Contracts: An Empirical Analysis, 68 DePaul L. Rev. 1 (2018).

Richard Klein, The Constitutionalization of Ineffective Assistance of Counsel, 58 MD. L. REV. 1433 (1999), was cited in, James M. Anderson et. al., The Effects of Holistic Defense on Criminal Justice Outcomes, 132 HARV. L. REV. 819 (2019).

Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 HOFSTRA L. REV. 1349 (2004), was cited in, Rinat Kitai-Sangero, Changing the Paradigm of Models to Safety and Hazards, CRIM. LAW BULL. (Winter 2019)

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: 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, 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, Paul Barker, Religious Exemptions and the Vocational Dimension of Work, 119 COLUM. L. REV. 169 (2019).

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, Sarah Doan-Minh, Corrective Rape: An Extreme Manifestation of Discrimination and the State's Complicity in Sexual Violence, 30 HASTINGS WOMEN'S L.J. 167 (2019).

Samuel J. Levine, Restricting the Right of Correspondence in the Prison Context: Thornburgh v. Abbott and its Progeny, 4 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 891 (1994), was cited in, Fabiola E. Sosa Baco, La Libertad De Expresión en Las Prisiones: La Correspondencia De Los Confinados y Confinadas, 87 REV. JUR. U.P.R. 1246 (2018).

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, W. Bradley Wendel, The Rule of Law and Legal-Process Reasons in Attorney Advising, 99 B.U.L. REV. 109 (2019).

Samuel J. Levine, Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to Seek Justice in a Comparative Analytical Framework, 41 HOUSTON L. REV. 1337 (2004), was recently listed on SSRN's Top Ten download list for: Judaism eJournal.

Samuel J. Levine, was in the top 10% of Authors on SSRN by all-time downloads for the month of January.

Jeffrey B. Morris (& Richard B. Morris), ENCYCLOPEDIA OF AMERICAN HISTORY (7th Ed., 1996), was cited in, N.Y. S.B. 2370 (Jan. 28, 2019).

Jeffrey Morris, LEADERSHIP ON THE FEDERAL BENCH – THE CRAFT AND ACTIVISM OF JACK WEINSTEIN (Oxford University Press, 2011), was cited in, Randy Maniloff, Judge Weinstein On Activism, Gobbledegook, Going Robeless, LAW 360 (Jan. 5, 2019).

Tracy McGaugh Norton et al., INTERACTIVE CITATION WORKBOOK FOR THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION AND INTERACTIVE CITATION WORKBOOK FOR ALWD GUIDE TO LEGAL CITATION (LexisNexis 2015), was cited in, Gerald Lebovits, Cite-Seeing Part III: The Indigo Book, ALWD, Lexis, and Westlaw, 91 N.Y. ST. B.A. J. 62 (Jan/Feb 2019).

Patricia E. Salkin, Municipal Ethics Remain a Hot Topic in Litigation: A 1999 Survey of Issues in Ethics for Municipal Lawyers, 14 BYU J. PUB. L. 209 (2000), was cited in, Chapter 13, The Ethics of Representing Clients in Contentious Public Meetings, in 64TH ANN. ROCKY MOUNTAIN MIN. L. INST. PROC. (2018).

Patricia Salkin (& Bailey Ince), It's a “Criming Shame”: Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts, 46 URB. LAW. 249 (2014), was cited in, Darryl K. Brown, Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute, 103 MINN. L. REV. 843 (2018).

Patricia E. Salkin, N.Y. ZONING L. & PRAC. (2018), was cited in, Daniel A. Spitzer, Using (and Misusing) Incentive Zoning, 19 N.Y. ZONING L. & PRAC. REP. (Jan/Feb 2019).

Patricia E. Salkin, Quiet Crisis in America: Meeting the Affordable Housing Needs of the Invisible Low-Income Healthy Seniors, 16 GEO. J. ON POVERTY L. & POL'Y 285 (2009), was cited in, Andrew T. Hayashi, The Quiet Costs of Taxation: Cash Taxes and Noncash Bases, 71 TAX L. REV. 781 (2018).

Patricia E. Salkin, The Politics of Land Use Reform in New York: Challenges and Opportunities, 73 ST. JOHN'S L. REV. 1041 (1999), was cited in, Anika Singh Lemar, The Role of States in Liberalizing Land Use Regulations, 97 N.C.L. REV. 293 (2019).

Douglas D. Scherer, Tort Remedies for Victims of Domestic Abuse, 43 S.C. L. REV. 543 (1992), was cited in, Mary Whisner, My Year of Citation Studies, Part 4, 110 LAW LIBR. J. 561 (2018).

Martin A. Schwartz (& Erwin Chemerinsky), Dialogue on State Action, 16 TOURO L. REV. 775 (2000), was cited in, Nina W. Chernoff, Black to the Future: The State Action Doctrine and the White Jury, 58 WASHBURN L.J. 103 (2019).

Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS & DEFENSES (2013), was cited in, Quintana v. Santa Fe Cty. Bd. of Comm'rs, No. CIV 18-0043, 2019 U.S. Dist. LEXIS 18009 (D.N.M. Feb. 5, 2019).

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999), was cited in, Khonzi Mbatha & Martin Terre Blanche, Long Walk to Semi-
Freedom: Towards a Framework for Psychological Research on Being out on Bail, 56 PSYCHOL. SOC’Y 70 (2018).

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, Gregory Sisk, Nicole Catlin, Katherine Veenis, Nicole Zeman, Scholarly Impact of Law School Faculties in 2018: Updating the Leiter Score Ranking for the Top Third, 15 U. ST. THOMAS L.J. 95 (2018).

Peter Zablotsky, Mixing Oil and Water: Reconciling the Substantial Factor and Results-Within-The-Risk Approaches to Proximate Cause, 26 CLEV. ST. L. REV. 1003 (2008), was cited in, Maryam Jamshidi, How the War on Terror Is Transforming Private U.S. Law, 96 WASH. U.L. REV. 559 (2018).

Peter Zablotsky, After the Fall: The Employer's Duty to Accommodate Employee Religious Practices Under Title VII After Ansonia v. Board of Education v. Philbrook, 50 U. PITT. L. REV. 513 (1989), was cited in, Kerri Lynn Stone, A Prescription for Teaching the Law of Reasonable Religious and Disability Accommodation, 19 MARQ. BENEFITS & SOC. WELFARE L. REV. 247 (2018).

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