Faculty Accomplishments - January 2021

January 2021

Publications:

Rodger D. Citron, Brownback v. King, ORAL ARGUMENT 2.0: OYEZ (Jan. 29, 2021).

Laura Dooley, Brownback v. King, ORAL ARGUMENT 2.0: OYEZ (Jan. 29, 2021).

Michael Lewyn, Cars, Transit, and the Disabled, PLANETIZEN (Jan. 26, 2021).

Michael Lewyn, Buses and Masks, PLANETIZEN (Jan.11, 2021).

Michael Lewyn, Why Houston Isn’t An Argument for Zoning, MARKET URBANISM (Jan. 6, 2021).

Michael Lewyn, Against 'Pandemic-Friendly' Planning, PLANETIZEN (Jan.4, 2021).

Michael Lewyn, What’s Wrong With Hong Kong?, MARKET URBANISM (Jan. 4, 2021).

Patricia E. Salkin (with Claudia Angelos, Andrea A Curcio & Deborah Jones Merritt), Pandemic Bar Exams Left Many Aspiring Lawyers Behind, BLOOMBERG L. (Jan. 6, 2021).

Martin A. Schwartz, The Myriad Problems With Qualified Immunity, N.Y.L.J. (Jan. 5, 2021).

Sol Wachtler, Impeachment Is Not the Only Way to Punish Trump, NEWSDAY (Jan. 22, 2021).

Sol Wachtler, A Harsh Reality for New York Courts, NEWSDAY (Jan. 4, 2021).

Presentations:

Rodger D. Citron, presenter, AALS Discussion Group: How the Pandemic Made Me at Better Teacher: Lessons Learned and Plans for Change, AALS Annual Meeting (Jan. 7, 2021).

Hon. Mark Cohen, presenter, Perfect For Practice Criminal Law and Procedure Update, CLE for Recent Law Graduates, Touro Law Center (Jan. 10, 2021).

Hon. Mark Cohen, presenter (with Paul Schectman, Esq.), Fundamentals of Evidence Workshop, New York State Judicial Institute: New Judges Seminar (Jan. 12, 2021).

Hon. Mark Cohen, presenter (with Judge Kathleen Hogan), Pre-Trial Criminal Motion Practice and Hearings, New York State Judicial Institute: New Judges Seminar (Jan. 12, 2021).

Hon. Mark Cohen, presenter (with Judges Barry Warhut and Jill Konviser), Nuts and Bolts, Trial Issues For New Judges, New York State Judicial Institute: New Judges Seminar (Jan. 14, 2021).

Samuel J. Levine, presenter, CLE: Death Penalty, DNA Evidence, and the Innocent Convict, Institute for Jewish Ethics (Jan. 21, 2021).

Samuel J. Levine, presenter, Building Bridges between Secular and Religious Human Rights Communities, Section on International Human Rights, Co-Sponsored by Sections on Comparative Law and Law and Religion, AALS Annual Meeting (Jan. 5, 2021).

Samuel J. Levine, presenter, Mental Health and Vulnerable Populations in the Era of COVID-19, Section on Law and Mental Disability, Co-Sponsored by Disability Law, Indian Nations and Indigenous Peoples, and Sexual Orientation and Gender Identity Issues AALS Annual Meeting (Jan. 8, 2021).

Samuel J. Levine, presenter, Legal and Judicial Ethics in the Post-#MeToo World, Section on Professional Responsibility, Co-Sponsored by Sections on Civil Rights, Minority Groups, and Employment Discrimination Law AALS Annual Meeting (Jan. 7, 2021).

Samuel J. Levine, presenter, Jewish Law Programs and Courses in American Law Schools, Section on Jewish Law, AALS Annual Meeting (Jan. 8, 2021).

Michael Lewyn, presenter, Exploring the Role of State and Local Government Laws in Environmental Sustainability, AALS Section on State and Local Government Law, Joint Program with Natural Resources and Energy Law, AALS Annual Meeting (Jan. 6, 2021).

Patricia E. Salkin, panelist, The Problem of Commercial Tenancies in the Time of COVID, NYSBA Dispute Resolution Section Annual Meeting (Jan. 21, 2020).

Michelle Zakarin, presenter, How Technology Can Assist the Professor in Administering Mid-term Assessments and How it Can Be Used to Help Prevent Cheating, Section on Teaching Methods: Best Practices for Creating and Administering Mid-term Exams, AALS Annual Meeting (Jan. 8, 2021).

Awards & Appointments:

Rodger Citron, appointed, Executive Committee Member, AALS Section on Law and Humanities (Jan. 2021).

Joan Foley, reelected, Executive Committee Member, AALS Section on Aging and the Law (Jan. 2021).

Richard Klein, appointed, Executive Committee Member, AALS Section on International Human Rights Law (Jan. 2021).

Samuel J. Levine, Outgoing Chair & Executive Committee Member, AALS Section on Jewish Law (Jan. 2021).

Samuel J. Levine, Continuing Chair, AALS Annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility (Jan. 2021).

Sol Wachtler, Inaugural President’s Award, 46th Annual Assembly & Dinner of the Fellows, N.Y. Bar Foundation (Jan. 29, 2021).

Media:

Rodger Citron, A Life in the Law: An Interview with Drew Days, 30 TOURO L. REV.153, was quoted in: Emily Langer, Drew S. Days III, First African American to Lead Civil Rights Division at Justice Department, Dies at 79, WASH. POST (Nov. 19, 2020); Katharine Q. Seelye, Drew Days, First Black Leader of Civil Rights Unit, Dies at 79, N.Y. TIMES (Nov. 18, 2020); & Justin Wise, Courageous' Civil Rights Atty, Ex-Solicitor General Dies, LAW 360 (Nov. 17, 2020).

Tiffany Graham, was interviewed in, Growing Calls to Remove Trump Using the 25th Amendment for Impeachment, SPECTRUM NEWS NY1 (Jan. 8, 2021).

Richard Klein, was quoted in, Lawmakers Continue to Push for Removal of President Trump from Office, NEWS 12 (Jan. 7, 2021).

Richard Klein, was quoted in, Rep. Kathleen Rice asks FBI to investigate President Trump's Georgia Call, NEWS 12 (article & newscast) (Jan. 5, 2021).

Meredith R. Miller, was quoted in, Ken Schachter, LI Lawyer now Spars with Food Companies Over Smoke Flavoring in Products, NEWSDAY (Jan. 11, 2021).

Citations:

Deseriee A. Kennedy, “The Good Mother “: Mothering, Feminism, and Incarceration, 18 WM. & MARY J. OF WOMEN & L. 161 (2012), was cited in, Lion Song, A Constitutional Analysis of A Proposal to Expand the Prison Nursery Programs, 27 CARDOZO J. EQUAL RTS. & SOC. JUST. 171 (2020).

Deseriee A. Kennedy, Consumer Discrimination: The Limitation of Federal Civil Rights Protection, 66 MO. L. REV. 275 (2001), was cited in, Anne-Marie Hakstian et. al., The More Things Change, the More They Stay the Same: Online Platforms and Consumer Equality, 48 PEPP. L. REV. 59 (2021).

Samuel J. Levine, Rethinking Self-Incrimination, Voluntariness, and Coercion, Through A Perspective of Jewish Law and Legal Theory, 12 J. L. SOCIETY 72 (2011), was cited in, Hock Lai Ho, Three Dimensions of Confessions in Law, in FACTS AND EVIDENCE: A DIALOGUE BETWEEN PHILOSOPHY AND LAW (Springer 2021).

Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), was cited in, Dr. Essam Saeed Obeidi, Amending the Constitution through Judicial Interpretation: A Comparative Study, 81 J. Sharia & L. (Jan. 2020).

Samuel J. Levine, Toward a Religious Minority Voice: A Look at Free Exercise Law Through a Religious Minority Perspective, 5 WM. & MARY BILL OF RTS. J. 153 (1996), was cited in, Maybell Romero, Rural Spaces, Communities of Color al Spaces, Communities of Color, and the Progressive Prosecutor, 100 J. CRIM. L. & CRIMINOLOGY 803 (2020).

Samuel J. Levine, Seeking a Common Language for the Application of Rule 11 Sanctions: What Is “Frivolous”?, 78 NEB. L. REV.677 (1999), was cited in, John Inazu, Beyond Unreasonable, 99 NEB. L. REV. 375 (2020).

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 (2017), was cited in, Christina L. Boyd, Michael J. Nelson, Ethan D. Boldt & Ian Ostrander, THE POLITICS OF FEDERAL PROSECUTION (Oxford Univ. Press 2021).

Samuel J. Levine, Foreword, Symposium: Current Issues in Disability Rights Law, 35 TOURO L. REV. 1 (2019), was cited in, Commentary, 49 J.L. & EDUC. 375 (2020).

John Linarelli, Advanced Artificial Intelligence and Contract, UNIFORM L. REV. (2019), was cited in, Tabrez Y. Ebrahim, Artificial Intelligence Inventions & Patent Disclosure, 125 PENN ST. L. REV. 147 (2020).

John Linarelli, Global Procurement Law in Times of Crisis: New Buy American Policies and Options in the WTO Legal System, in THE WTO REGIME ON GOVERNMENT PROCUREMENT: CHALLENGE AND REFORM (S. Arrowsmith, R. D. Anderson, eds., Cambridge Univ. Press, 2011), was cited in, Javier Miranzo Diaz, The Tension Between Global Public Procurement Law and Nationalist/Populist Tendencies: Proposals for Reform, 7(2) J. RESEARCH CONSTITUCIONAIS 355 (Oct. 2020).

Meredith R. Miller, Party Sophistication and Value Pluralism in Contract, 29 TOURO L. REV. 659 (2013), was cited in, Lauren Henry Scholz, Fiduciary Boilerplate: Locating Fiduciary Relationships in Information Age Consumer Transactions, 46 J. CORP. L. 143 (2020).

Jeffrey B. Morris, Book Review of Arnold H. Leibowitz, an Historical-Legal Analysis of the Impeachments of Presidents Andrew Johnson, Richard Nixon, and William Clinton: Why the Process Went Wrong, 29 TOURO L. REV. 585 (2013), was cited in, Wesley M. Oliver, The Search for Precedent in the Andrew Johnson Impeachment, 39 QUINNIPIAC L. REV. 107 (2020).

Jeffrey B. Morris (with Richard B. Morris), ENCYCLOPEDIA OF AMERICAN HISTORY (7th ed., 1996), was cited in, Sponsor’s Memo, 2021 Legis. Bill Hist. NY S.B. 2893 (2021).

Deborah Post, The Attack on Tenure: Downwardly Mobile Professionals, SALT (Aug. 10, 2020), was cited in, Ruth Anne Robbins, Kristen K. Tiscione & Melissa H. Weresh, Persistent Structural Barriers to Gender Equity in the Legal Academy and the Efforts of Two Legal Writing Organizations to Break Them Down, 65 VILL. L. REV. 1155 (2020).

Patricia E. Salkin, The Quiet Revolution and Federalism: Into the Future, 45 J. MARSHALL L. REV. 253 (2012) & Patricia E. Salkin, Sustainability and Land Use Planning: Greening State and Local Land Use Plans and Regulations to Address Climate Change Challenges and Preserve Resources for Future Generations, 34 Wm. & MARY ENVT’L L. & POL’Y REV. 121 (2009), were cited in, Christopher Serkin, The Wicked Problem of Zoning, 73 VAND. L. REV. 1879 (2020).

Martin A. Schwartz, Fundamentals of Section 1983 Litigation, in SWORD AND SHIELD: A PRACTICAL APPROACH TO SECTION 1983 LITIGATION (Mary Massaron Ross & Edwin P. Voss, Jr. eds., 3d ed. 2006), was cited in, Michael G. Mills, The Death of Retaliatory Arrest Claims: The Supreme Court's Attempt to Kill Retaliatory Arrest Claims in Nieves v. Bartlett, 105 CORNELL L. REV. 2059 (2020).

Martin A. Schwartz (with Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in, Joanna C. Schwartz, Qualified Immunity and Federalism All the Way Down, 109 GEO. L.J. 305 (2020).

Martin A. Schwartz (with Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013) & Martin A. Schwartz, Should Juries Be Informed that Municipality Will Indemnify Officer's § 1983 Liability for Constitutional Wrongdoing?, 86 IOWA L. REV. 1209 (2001), were cited in, Lawrence Rosenthal, Defending Qualified Immunity, 72 S.C. L. REV. 547 (2020).

Martin A. Schwartz, SWORD AND SHIELD: A PRACTICAL APPROACH TO SECTION 1983 LITIGATION (3d ed. 2006), was cited in, Daniel T. Higgins II, The Battle over Qualified Immunity, 45 OKLA. CITY U. L. REV. 37 (2020).

Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS & DEFENSES (Aspen 4th ed. Supp., 2020), was cited in, Amanda Peters, The Case for Replacing the Independent Intermediary Doctrine with Proximate Cause and Fourth Amendment Review in § 1983 Civil Rights Cases, 48 PEPP. L. REV. 1 (2021).

Martin A. Schwartz (with John E. Kirklin), SECTION 1983 LITIGATION (1997), was cited in, Estrada v. Smart, 2021 U.S. Dist. LEXIS 10156 (D. Colo. Jan. 20, 2021).

Martin. A. Schwartz (with George C. Pratt), SECTION 1983 LITIGATION JURY INSTRUCTIONS (2d ed. 2020), was cited in, Brandon L. Garrett, Misplaced Constitutional Rights, 100 B.U.L. REV. 2085 (2020).

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, James A. Gardner, Transmission of Mastery, 69 BUFF. L. REV. 55 (2021).

Marjorie A. Silver, SUBSTANCE ABUSE, STRESS, MENTAL HEALTH AND THE LEGAL PROFESSION, N.Y.S. LAW. ASSISTANT TRUST (2004), was cited in, Ashley Oldham, The Impaired Lawyer, FAM. ADVOC. 40 (Winter 2021).

Dan Subotnik (& Glen Lazar), Deconstructing the Rejection Letter: A Look at Elitism in Article Selection, 49 J. LEGAL EDUC. 601 (1999), was cited in, Michael Conklin, It's Not What It Looks Like: How Self-Publishing Bias in Legal Scholarship Is Exaggerated, 39 QUINNIPIAC L. REV. 1 (2020).

Dan Subotnik, Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, 8 U. MASS. L. REV. 332 (2013), was cited in, Jessica M. Luegering & Gabby Wimley, 2020 Bar Examination, 37 GA. ST. U. L. REV. 51 (2020).