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).

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