Faculty Accomplishments - April 2019

April 2019

Publications:

William Brooks, The Application of Title II of the Americans with Disabilities Act to Employment Discrimination: Why the Circuits Have Gotten It Wrong, 35 TOURO L. REV. 73 (2019).

Ilene S. Cooper, A Little Bit of This and a Little Bit of That, N.Y.L.J. (Apr. 5, 2019).

Irene Crisci, A SHORT & HAPPY GUIDE TO THE BAR EXAM'S MULTISTATE ESSAY EXAMINATION (West Academic Publishing 2019).

Suzanne Darrow-Kleinhaus, A SHORT & HAPPY GUIDE TO THE BAR EXAM'S MULTISTATE ESSAY EXAMINATION (West Academic Publishing 2019).

Deborah Post, Of Milk, Markets, Populism and Promissory Estoppel: State Bank of Standish v. Curry, 45 FLA. ST. U. L. REV. 943 (2018)

Theodore Silver, THE GLANNON GUIDE TO CONTRACTS (Wolters Kluwer, 2019).

Dan Subotnik, A High-Ranking Police Officer Looks at Sexual Assault, CRIMPROF BLOG (Apr. 11, 2019).

Sol Wachtler, Fusion Voting a Barrier to Independent Judges, TIMES-UNION (Mar. 30, 2019).

Sol Wachtler, Fringe Political Parties Should Not Pick Our Judges, N.Y.L.J. (Apr. 5, 2019).

Awards:

Patricia E. Salkin, received the Kate Stoneman Award at the 25th anniversary of Kate Stoneman Day, Albany Law School (Apr. 30, 2019).

Presentations:

Harry Ballan, moderator, Criminal Justice and Civil Liberties in Israel and America, Congregation Beth Shalom, Lawrence, NY (Mar. 8, 2019).

Myra Berman, moderator, Equity Considerations in Jewish and American Law, Jewish and American Law: A Comparative Study Conference, Touro Law Center (Apr. 1, 2019).

Rodger Citron, panelist, Equity Considerations in Jewish and American Law, Jewish and American Law: A Comparative Study Conference, Touro Law Center (Apr. 1, 2019).

Samuel J. Levine, presenter, on special education law, disability rights, and Jewish tradition at the Law Offices of Regina Skyer and Associates, NY, NY (Apr. 11, 2019).

Ann Nowak, The Benefit of Reading Aloud in the Legal Writing Classroom, LWI Biennial Conference, Milwaukee, WI (July 12, 2018).

Larry Raful, presenter, David Jacobson Memorial Legal Ethics Lecture (live-streamed to twenty law offices across the country), Omaha, NE (Mar. 29, 2019).

Rena Seplowitz, moderator, Substantive Aspects of Jewish Law and Other Legal Systems, Jewish and American Law: A Comparative Study Conference, Touro Law Center (Apr. 1, 2019).

Rena Seplowitz, moderator, Legal Scholarship and Practice in Jewish and American Law, Jewish and American Law: A Comparative Study Conference, Touro Law Center (Apr. 1, 2019).

Media:

Dan Subotnik, was interviewed on 9 radio programs and one television program during the months of April to discuss the topic of sexual assault.

Citations:

William M. Brooks, Reevaluating Substantive Due Process as a Source of Protection for Psychiatric Patients to Refuse Drugs, 31 IND. L. REV. 937 (1998) & William M. Brooks, The Tail Still Wags the Dog: The Pervasive and Inappropriate Influence by the Psychiatric Profession on the Civil Commitment Process, 86 N.D. L. REV. 259 (2010), were cited in, Susan McMahon, Reforming Competence Restoration Statutes: An Outpatient Model, 107 GEO. L.J. 601 (2019).

William M. Brooks, The Tail Still Wags the Dog: The Pervasive and Inappropriate Influence by the Psychiatric Profession on the Civil Commitment Process, 86 N.D. L. REV. 259 (2010), was cited in, Michael L. Perlin, Esq., "Who Will Judge the Many When the Game Is Through?": Considering the Profound Differences Between Mental Health Courts and "Traditional" Involuntary Civil Commitment Courts, 41 SEATTLE U. L. REV. 937 (2018).

William Brooks, The Privatization of the Civil Commitment Process and the State Action Doctrine: Have the Mentally Ill Been Systematically Stripped of Their Fourteenth Amendment Rights?, 40 DUQ. L. REV. 1 (2001), was cited in, Richard C. Boldt, Emergency Detention and Involuntary Hospitalization: Assessing the Front End of the Civil Commitment Process, 10 DREXEL L. REV. 1 (2017).

Jack Graves (& Yelena Davydan), Competence-Competence and Separability-American Style, in INTERNATIONAL ARBITRATION AND INTERNATIONAL COMMERCIAL LAW: SYNERGY, CONVERGENCE AND EVOLUTION (2011), was cited in, Pepper Hamilton LLP, Adopting AAA Rules to Govern Arbitration Proceedings May - or May Not - Allow U.S. Arbitrators to Decide Gateway Questions of Arbitrability, JD SUPRA (Apr. 3, 2019).

Deseriee A. Kennedy, Using the NFL as a Model? Considering Zero Tolerance in the Workplace for Batterers, 45 U. BALT. L. REV. 293 (2016), was cited in, John T. Holden & Joanna Wall Tweedie, The National Football League: Action Versus Activism, 97 OR. L. REV. 397 (2019).

Deseriee A. Kennedy, “The Good Mother”: Mothering, Feminism, and Incarceration, 18 WM. & MARY J. WOMEN & L. 161 (2012), was cited in, Roya Butler, Andrew Dam, Sarah Eberspacher, Charlotte Kelley, Alina & Pastor-Chermak, Correctional Facilities, 20 GEO. J. GENDER & L. 357 (2019).

Richard Klein, The Eleventh Commandment: Thou Shalt Not Be Compelled to Render the Ineffective Assistance of Counsel, 68 IND. L.J. 363 (1993), was cited in, Samuel R. Wiseman, Bail and Mass Incarceration, 53 GA. L. REV. 235 (2018).

Richard Klein, An Analysis of China's Human Rights Policies in Tibet: China's Compliance with the Mandates of International Law Regarding Civil and Political Rights, 18 ILSA J. INT’L & COMP. L. 115 (2011),
was cited in, Jianlin Chen, Hong Kong's Chinese Temples Ordinance: A Cautionary Case Study of Discriminatory and Misguided Regulation of Religious Fraud, 33 J.L. & RELIGION 421 (2018).

Samuel J. Levine, Recent Applications of the Supreme Court’s Hands-Off Approach to Religious Doctrine, in LAW, RELIGION, AND HEALTH IN THE UNITED STATES (Cambridge University Press 2017), was cited in, Jianlin Chen, Regulating Religious Fraud in Taiwan and Hong Kong: A Comparative Study on the Convergences and Deviations in the Understanding of Religious Freedom, Chinese J. Comp. L. 1 (2019).

Samuel J. Levine, Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct: A Response to Professor Tremblay, 70 FLA. L. REV. FORUM 13 (2018), was recently listed on SSRN's Top Ten download list for the eJournals: Criminal Justice Research Network (Administration of Justice) & Legal Scholarship Network (Ethical Issues).

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 (2004-2005), was recently listed on SSRN's Top Ten download list for the Judaism eJournal.

Samuel J. Levine, is currently in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Samuel J. Levine, is currently in the top 10% of Authors on SSRN by all-time downloads.

Michael E. Lewyn, How to Limit Gerrymandering, 45 FLA. L.REV. 403 (1993), was cited in, L. Darnell Weeden, Equal Voting Rights Require Removing Race and Partisan Discrimination from Elections and Legislative Gerrymandering, 79 LA. L. REV. 781 (2019).

Michael Lewyn, Sprawl in Canada and the United States, 44 URB. LAW. 85 (2012), was cited in, Wendell Lin, The Third Rail of San Francisco Politics: Transportation, Race, and the Central Subway, 70 Hastings L.J. 919 (2019).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 MO. L. REV. 493 (2010), was cited in, Cheryl B. Preston, How Did We End Up in A World Where Browsewraps Are Enforced Even When They Waive All Consumer Rights?, 45 FLA. ST. U. L. REV. 1012 (2018).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 MO. L. REV. 493 (2010), was cited in, Annabelle P. Harris, The Doctrine of Promissory Estoppel in an Arm's Length Commercial Transaction in Tennessee: A Primer, 49 U. MEM. L. REV. 814 (2019).

Ann Nowak, The Benefit of Reading Aloud in the Legal Writing Classroom, LWI BIENNIAL CONFERENCE, Milwaukee, WI (July 12, 2018), was cited in, Alissa J. Hartig, Research Ethics in Legal Writing: Challenges for Empirical Research, 23 LEGAL WRITING: J. LEGAL WRITING INST. 18 (2019).

Deborah W. Post, DISMANTLING DEMOCRACY: COMMON SENSE AND THE CONTRACT JURISPRUDENCE OF FRANK EASTERBROOK, 16 TOURO L. REV. 1205 (2000), was cited in, Daniel D. Barnhizer, What Is the Sound of One Form Flapping?: Hill v. Gateway 2000, Inc. and the Deconstruction of Individual Autonomy, 45 FLA. ST. U. L. REV. 956 (2018).

Deborah W. Post, Of Milk, Markets, Populism and Promissory Estoppel: State Bank of Standish v. Curry, 45 FLA. ST. U. L. REV. 943 (2018), was cited in, Val Ricks, The Best and Worst of Contracts Decisions: An Anthology, 45 FLA. ST. U. L. REV. 887 (2018).

Deborah W. Post (& Phoebe A. Haddon), Misuse and Abuse of the LSAT: Making the Case for Alternative Evaluative Efforts and a Redefinition of Merit, 80 ST. JOHN'S L. REV. 41 (2006), was cited in, Ruth Colker, Test Validity: Faster Is Not Necessarily Better, 49 SETON HALL L. REV. 679 (2019).

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 ENVTL. L. & POL'Y REV. 121 (2009); Patricia Salkin, Community Benefits Agreements: Opportunities and Traps for Developers, Municipalities, and Community Organizations, 59 PLAN. & ENVTL. L. 3 (2007); 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); and Patricia Salkin, Anti-Sprawl (Smart Growth) Measures, in NEW YORK ZONING LAW & PRACTICE (4th ed. 2018), were cited in, Sarah Fox, Environmental Gentrification, 90 U. COLO. L. REV. 803 (2019).

Patricia Salkin, AMERICAN LAW OF ZONING (5th ed. 2018), was cited in, Abraham Gutman et. al., Health, Housing, and the Law, 11 NE. U.L. REV. 251 (2019).

Patricia E. Salkin, Judging Ethics for Administrative Law Judges: Adoption of a Uniform Code of Judicial Conduct for the Administrative Judiciary, 11 WIDENER J. PUB. L. 7 (2002), was cited in, Kent Barnett & Russell Wheeler, Non-ALJ Adjudicators in Federal Agencies: Status, Selection, Oversight, and Removal, 53 GA. L. REV. 1 (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); Patricia E. Salkin, 2009 Ethical Considerations in Land Use, 41 URB. LAW 529 (2009); and Patricia E. Salkin, Crime Doesn’t Pay and Neither Do Conflicts of Interest in Land Use Decision-Making, 40 URB. LAW 561 (2008), were cited in, Paul Weinberg, Mansion Development May Impair Cities' Land Use Oversight, LAW 360 (Mar. 26, 2019).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2016), was cited in, Big Block Dev. Grp. v. Holder, 2019 Mass. LCR LEXIS 72 (Land Ct. Apr. 16, 2019).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2016), was cited in, Slice of Life, LLC v. Hamilton Twp. Zoning Hearing Bd., 2019 Pa. LEXIS 2363 (Apr. 26, 2019).

Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS AND DEFENSES (4th ed. 2018), was cited in, George S. Scoville III, Purged by Press Release: First Responders, Free Speech, and Public Employment Retaliation in the Digital Age, 97 OR. L. REV. 477 (2019).

Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS AND DEFENSES (4th ed. 2018), was cited in, Oliver v. City of Lenexa, 2019 U.S. Dist. LEXIS 68514 (D. Kan. Apr. 23, 2019).

Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS AND DEFENSES (4th ed. 2018), was cited in, Tavakoli v. City of L.A., 2019 U.S. Dist. LEXIS 47331 (C.D. Cal. Mar. 18, 2019).

Martin A. Schwartz (& John E. Kirklin), SECTION 1983 LITIGATION: CLAIMS, DEFENSES, AND FEES (2d ed. 1991), was cited in, Lay v. G.T.L. Phone Corp., 2019 U.S. Dist. LEXIS 54125 (E.D. Okla. Mar. 29, 2019).

Martin A. Schwartz (& Kathryn R. Urbonya), SECTION 1983 LITIGATION (2d ed. 2008), was cited in, Thornton v. Kenneth J., 2019 U.S. Dist. LEXIS 53388 (D. Idaho Mar. 27, 2019).

Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Tyler Finn, Qualified Immunity Formalism: "Clearly Established Law" and the Right to Record Police Activity, 119 COLUM. L. REV. 445 (2019).

Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS AND DEFENSES (4th ed. 2018), was cited in, Lawrence G. Albrecht, Confronting Governmental Impunity and Immunity "From Below", 53 VAL. U. L. REV. 47 (2018).

Martin A. Schwartz (& Karen Blum and Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013) & Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), were cited in, Athina Pentsou, Assertion of Qualified Immunity by Private State Actors After Filarsky: An Application to the Employees of Prison Health Care Contractors, 43 S. ILL. U. L.J. 361 (2019).

Martin A. Schwartz, Constitutional Litigation Under Section 1983 and the Bivens Doctrine in the October 2008 Term, 26 TOURO L. REV 531 (2010), was cited in, Robert Batey, Clarence and Bigger, and Richard and Malcolm, 48 STETSON L. REV. 359 (2019).

Martin A. Schwartz, Lawrence v. Texas: The Decision and Its Implications for the Future, 20 TOURO L. REV. 221 (2004), was cited in, Peter Brandon Bayer, Part II - Deontological Constitutionalism and the Ascendency of Kantian Due Process, 43 T. MARSHALL L. REV. 165 (2017).

Thomas A. Schweitzer, Justice Scalia, Originalism and Textualism, 33 TOURO L. REV. 749 (2017), was cited in, Peter Brandon Bayer, Part I - Originalism and Deontology, 43 T. MARSHALL L. REV. 1 (2017).

Marjorie A. Silver, Emotional Intelligence and Legal Education, 5 PSYCHOL. PUB. POL'Y & L. 1173 (1999), was cited in, Lauren A. Newell, Rebooting Empathy for the Digital Generation Lawyer, 34 OHIO ST. J. ON DISP. RESOL. 1 (2019).

Dan Subotnik, The Cult of Hostile Gender Climate: A Male Voice Preaches Diversity to the Choir, 8 U. CHI. L. SCH. ROUNDTABLE 37 (2001), was cited in, Paola Cecchi-Dimeglio, Designing Equality in the Legal Profession: A Nudging Approach, 24 HARV. NEGOT. L. REV. 1 (2018).

Sol Wachtler, Judging the Ninth Amendment, 59 FORDHAM L. REV. 597 (1991), was cited in, Anthony B. Sanders, Baby Ninth Amendments Since 1860: The Unenumerated Rights Americans Repeatedly Want (and Judges Often Don't), 70 RUTGERS U.L. REV. 857 (2018).

Peter Zablotsky, Mixing Oil and Water: Reconciling the Substantial Factor and Result-Within-the-Risk Approaches to Proximate Cause, 56 CLEV. ST. L. REV. 1003 (2008), was cited in, Tory A. Weigand, Tort Law-the Wrongful Demise of but for Causation, 41 W. NEW ENG. L. REV. 75 (2019).