Touro Law - Faculty Accomplishments

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March 2020

Publications:

Rodger D. Citron, Seila Law LLC v. Consumer Financial Protection Bureau: The Supreme Court Considers Whether an Independent Agency with a Single Director Who Can Be Removed Only “For Cause” is Constitutional, VERDICT: JUSTIA (Mar. 3, 2020).

Eileen Kaufman (with Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Patricia E. Salkin & Judith Welch Wegner), The Bar Exam and the COVID-19 Pandemic: The Need for Immediate Action (Mar. 22, 2020), available at https://ssrn.com/abstract=3559060.

Chad Lennon, The Growth and Need for Veterans Treatment Courts, 35 TOURO L. REV. 1171 (2020).

Jeffrey Morris, A Giant Departs the Federal Bench: Reflections on the Retirement of the Hon. Jack B. Weinstein, VERDICT: JUSTIA (Mar. 9, 2020).

Patricia E. Salkin (with Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Merritt & Judith Welch Wegner), The Bar Exam and the COVID-19 Pandemic: The Need for Immediate Action (Mar. 22, 2020), available at https://ssrn.com/abstract=3559060.

Martin A. Schwartz, Multiple Police Officer Defendants, N.Y.L.J. (Mar. 2, 2020).

Presentations:

Rodger Citron, presenter, Legal and Policy Issues in the Midst of a Pandemic: What We Know and What Is yet to Be Determined, Second Coronavirus Symposium, Webinar, Touro College (Mar. 30, 2020).

Samuel J. Levine, presenter, CLE, Ethical Discretion or Ethical Obligation? Comparing Jewish Ethics and American Legal Ethics, Proskauer Rose, NY, NY (Mar. 3, 2020).

Patricia Salkin, presenter, Responding to the Global COVID-19 Pandemic: The State and Local Government Perspective, Webinar, American Bar Association (Mar. 31, 2020).

Hon. Stephen Ukeiley, Landlord-Tenant Update, Suffolk Academy of Law, Hauppauge, NY (Mar. 3, 2020).

Media:

Elena Langan, was profiled in, Adina Genn, Executive Profile: Elena Langan, L.I. BUS. NEWS (Mar. 3, 2020).

Elena Langan, was quoted in, Sheriff Welcomed to Touro Law Board of Governors, THE ISLIP BULL. (Mar. 5, 2020).

Citations:

Rodger Citron, (Un)Luckey v. Miller, The Case for a Structural Injunction to Improve Indigent Defense Services, 101 YALE L.J. 481 (1991), was cited in, Aliza B. Kaplan & Venetia Mayhew, The Governor's Clemency Power: An Underused Tool to Mitigate the Impact of Measure 11 in Oregon, 23 LEWIS & CLARK L. REV. 1285 (2020).

Suzanne Darrow-Kleinhaus, Developing Professional Identity Through Reflective Practice, 28 TOURO L. REV. 1443 (2012), was cited in, Tomar Pierson-Brown, (Systems) Thinking Like a Lawyer, 26 CLINICAL L. REV. 515 (2020).

Jack Graves, THE ABCS OF THE CISG (2013), was cited in, Gizem Demirel, Possible Legal Consequences of Trade Wars on the International Sale Contract Subject to the United Nations Convention on Contracts for the International Sale of Goods, 26 WILLAMETTE J. INT'L L. & DISP. RESOL. 249 (2019).

Howard A. Glickstein, Symposium: Mission of a Church-Related Law School--The Jewish Tradition, 22 VAL. U. L. REV. 675 (1988), was cited in, Michael I. Swygert, Celebration and Mourning: The Valparaiso University School of Law, 53 VAL. U. L. REV. 843 (2019).

Deseriee A. Kennedy, Children, Parents & the State: The Construction of a New Family Ideology, 26 BERKELEY J. GENDER L. & JUST. 78 (2011), was cited in, Amy E. Tryon, Keep the Family Close: Analyzing the Impact of Family Visitation on Outcomes for Young Adult Offenders, 72 ADMIN. L. REV. 127 (2020).

Richard Klein, Legal Malpractice, Professional Discipline, and Representation of the Indigent Defendant, 61 TEMP. L. REV. 1171 (1988), was cited in, Irene Oritseweyinmi Joe, Regulating Mass Prosecution, 53 U.C. DAVIS L. REV. 1175 (2020).

Richard Klein, The Constitutionalization of Ineffective Assistance of Counsel, 58 MD. L. REV. 1433 (1999), was cited in, Justin Murray, Prejudice-Based Rights in Criminal Procedure, 168 U. PA. L. REV. 277 (2020).

Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 HOFSTRA L. REV. 1349 (2004), was cited in, Michael Conklin, Charged Advocacy: A Critical Review of Emily Bazelon's Charged, 29 KAN. J. L. & PUB. POL'Y ONLINE 13 (2019-2020).

Samuel J. Levine, A Critique of Hobby Lobby and the Supreme Court's Hands-Off Approach to Religion, 91 NOTRE DAME L. REV. ONLINE 26 (2015), was cited in, Moran Yemini, Missing in "State Action": Toward A Pluralist Conception of the First Amendment, 23 LEWIS & CLARK L. REV. 1149 (2020).

Samuel J. Levine (with 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) & 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), were cited in, Bruce A. Green, Prosecutorial Discretion: The Difficulty and Necessity of Public Inquiry, 123 DICK. L. REV. 589 (2019).

Samuel J. Levine (with 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, A Fiduciary Theory of Prosecution, 69 AM. U. L. REV. 805 (2020).

John Linarelli (with Margot Salomon & Muthucumaraswamy Sornajah), THE MISERY OF INTERNATIONAL LAW: CONFRONTATIONS WITH INJUSTICE IN THE GLOBAL ECONOMY (2018), was cited in, Jeffrey L. Dunoff, Monica Hakimi, Steven R. Ratner & David Wippman, INTERNATIONAL LAW: NORMS, ACTORS, PROCESS: A PROBLEM-ORIENTED APPROACH (Wolters Kluwer, 5th ed. 2020).

John Linarelli (with Margot Salomon & Muthucumaraswamy Sornajah), THE MISERY OF INTERNATIONAL LAW: CONFRONTATIONS WITH INJUSTICE IN THE GLOBAL ECONOMY (2018), was cited in, Ivana Isailovć, Family Law: A Blind Spot, in THE MANY LIVES OF TRANSNATIONAL LAW (2020).

John Linarelli (with Margot Salomon & Muthucumaraswamy Sornajah), THE MISERY OF INTERNATIONAL LAW: CONFRONTATIONS WITH INJUSTICE IN THE GLOBAL ECONOMY (2018), was cited in, Andreas Follesdal, The Legitimacy of International Courts, J. POL. PHIL. (Jan. 2020).

John Linarelli, Trade Related Aspects of Intellectual Property Rights and Biotechnology: European Aspects, 6 SING. J. INT’L & COMP. L. 406 (2002), was cited in, Sinan Misili, Assessments on the Trips Agreement and the Convention on Biological Diversity, YILDIRIM BEYAZIT L. REV. 275 (2020).

John Linarelli (with Sue Arrowsmith & Don Wallace Jr.), REGULATING PUBLIC PROCUREMENT: NATIONAL AND INTERNATIONAL PERSPECTIVES (Kluwer 2000), was cited in, Alejandro Román-Márquez, Riesgo Operacional y Pagos por Disponibilidad en las Concesiones de Obras. Reflexiones en Torno al Estudio de Viabilidad de la Autovía del Mediterráneo A7 Entre Crevellente y Alhama de Murcia, in EL TRIBUNAL DE CUENTAS: EXPERIENCIA PRÁCTICA Y ANÁLISIS DE LA NUEVA LEY DE CONTRATOS DEL SECTOR PÚBLICOPUBLISHER: TRIBUNAL DE CUENTAS DEL REINO DE ESPAÑA (Feb. 2020).

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, Luke Charette, In re Government Attorney-Client Privilege: A Categorical Rule to Settle the Issue, 76 WASH. & LEE L. REV. ONLINE 33 (2020).

Patricia E. Salkin, A 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) & Patricia E. Salkin, Barriers to Affordable Housing: Are Land-Use Controls the Scapegoat?, were cited in, Beth Gazes, Tiny Homes and New York: Making Way for Housing Options, 20(5) N.Y. ZONING LAW & PRAC. REP. (2020).

Patricia E. Salkin (with Julian Conrad Juergensmeyer, Thomas E. Roberts & Ryan Rowberry), LAND USE PLANNING AND DEVELOPMENT REGULATION LAW (4th ed. 2018), was cited in, James C. Nicholas & Julian C. Juergensmeyer, A Rational Nexus Approach to Workforce Housing Land Development Conditions, 52 UIC J. MARSHALL L. REV. 647 (2019).

Patricia E. Salkin, Smart Growth and Sustainable Development: Threads of a National Land Use Policy, 36 VAL. U. L. REV. 381 (2002), was cited in, Emma Lagle, Public-Private Partnerships and Smart Growth: A Legislative Tool Kit for Public-Infrastructure Projects, 37 PACE ENVTL. L. REV. 211 (2019).

Patricia Salkin (with Zachary Kansler), Ensuring Public Trust at the Municipal Level: Inspectors General Enter the Mix, 75 Alb. L. Rev. 95 (2012), was cited in, Al Taylor, Sponsor Memo, 2019 NY A.B. 10002 (Mar. 5, 2020).

Martin Schwartz, Fundamentals of Section 1983 Litigation, 17 TOURO L. REV. 525 (2001), was cited in, Sara F. Cates, Beyond the Traditional First-Year Content: Using Prisoner Civil Rights Law for First-Semester Writing Assignments, 27(2) PERSP: TEACHING LEGAL RES. & WRITING 46 (2019).

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, SECTION 1983 LITIGATION (3d ed. 2014), were cited in, Joanna C. Schwartz, After Qualified Immunity, 120 COLUM. L. REV. 309 (2020).

Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Joanna C. Schwartz, Qualified Immunity's Selection Effects, 114 NW. U. L. REV. 1101 (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, Civil Rights Litigation-Qualified Immunity- Eighth Circuit Grants Qualified Immunity to Officer Who Performed Takedown Maneuver on Nonviolent, Nonthreatening, Nonfleeing Misdemeanant.-Kelsay v. Ernst, 933 F.3d 975, 133 HARV. L. REV. 1750 (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, Katherine Macfarlane, Foreseeable Police Shootings, 119 COLUM. L. REV. F. 283 (2019).

Gary Shaw, A Heretical View of Teaching: A Contrarian Looks at Teaching, the Carnegie Report & Best Practices, 28 TOURO L. REV. 1239 (2012), was cited in, Jaime Alison Lee, From Socrates to Selfies: Legal Education and the Metacognitive Revolution, 12 DREXEL L. REV. 227 (2020).

Marjorie A. Silver, Emotional Competence & the Lawyer's Journey, in AFFECTIVE ASSISTANCE OF COUNSEL (Marjorie A. Silver ed., 2008), was cited in, Danielle R. Cover, Brain-Wise Lawyering for the Clinical Law Student, 26 CLINICAL L. REV. 421 (2020).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Anastasia M. Boles, Valuing the "Race Card": Teaching Employment Discrimination Using Culturally Proficient Instruction, 44 T. MARSHALL L. REV. 25 (2019).

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationships, 6 CLINICAL L. REV. 259 (1999), was cited in, Maike Baumann, Qualities of Communication Failures in Hierarchical Relationships: A Theoretical Model for Conflict Prevention, in MISTAKES, ERRORS AND FAILURES ACROSS CULTURES (2020).

Theodore Silver, The Case for a Post-Mortem Organ Draft and a Proposed Model Organ Draft Act, 68 B.U. L. REV. 681 (1988), was cited in, Kara Nowakowski, Dying While Trans: A Critical Analysis of Respect After Death Laws, 26 CARDOZO J. EQUAL RTS. & SOC. JUST. 79 (2019).

Theodore Silver, One Hundred Years of Harmful Error: The Historical Jurisprudence of Medical Malpractice, 1992 WIS. L. REV. 1193 (1992), was cited in, Harold J. Krent et. al., AI Goes to School-Implications for School District Liability, 67 BUFF. L. REV. 1329 (2019).

Dan Subotnik, On Constructively Realizing Constructive Realization: Building the Case for Death and Taxes, 38 U. KAN. L. REV. 1 (1989), was cited in, Stephanie J. Willbanks, Gifts in Contemplation of Death: Why Can't Section 2035 Simply Die?, 45 ACTEC L.J. 143 (2020).

Dan Subotnik, TOXIC DIVERSITY: RACE, GENDER, AND LAW TALK IN AMERICA (2005), was cited in, Jon K. Lauck, "A Long and Winding Road": The South Dakota Intellectual Diversity Bill of 2019, 98 NEB. L. REV. 674 (2020).

Downloads:

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

Richard Klein, 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 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 Lewyn, is currently in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Michael Lewyn, is currently in the top 10% of Authors on SSRN by all-time downloads.

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

John Linarelli, is currently in the top 10% of Authors on SSRN by all-time downloads.

John Linarelli, Advanced Artifical Intelligence and Contract, was recently listed on SSRN's Top Ten download list for: CompSciRN: Other Human-Computer Interaction & InfoSciRN: Human-Computer Interaction.

Patricia E. Salkin, is currently in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Book Reviews:

Samuel J. Levine, WAS YOSEF ON THE SPECTRUM? (Urim Pubs 2018), was reviewed in, David Greenberg, Was Yosef on the Spectrum? Understanding Joseph through Torah, Midrash, and Classical Jewish Sources, 56(3) ISRAEL J. PSYCH. 60 (2019).

Thanks & Mentions:

William Brooks, was thanked in, James Reiser, A Dive into Eb-5: A Need for Complete Modernization of U.S. Investor-Based Immigration Program or Eb-5 (Employment-Based Immigration: Fifth Preference), 35 TOURO L. REV. 1255 (2020).

Rodger Citron, was mentioned in, Judith Resnik, Constituting Security and Fairness: Reflecting on Charles Reich's Imagination and Impact, 129 YALE L.J. FORUM 707 (2020).

Laura Gaston Dooley, was mentioned in, Edward McGlynn Gaffney, Divergent Paths and Making a Difference: Reflections on A Journey to, in, and from Valparaiso, 53 VAL. U. L. REV. 899 (2019).

Desiree Kennedy, was mentioned in, Penny J. White, And Then There Were Yellow Roses, 86 TENN. L. REV. 625 (2019).

Samuel J. Levine, was thanked in, Shannon Lynn Malone, Just How Reliable Is the Human Memory? The Admissibility of Recovered Repressed Memories in Criminal Proceedings, 35 TOURO L. REV. 1195 (2020).

Ken Rosenblum, was quoted & thanked in, Chad Lennon, The Growth and Need for Veterans Treatment Courts, 35 TOURO L. REV. 1171 (2020).

Rena Seplowitz, was cited in, Johanna Poremba, Urge to Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, 35 TOURO L. REV. 1231 (2020).

Rena Seplowitz, was cited in, Justin Scharff, The Copyrightability of Fictional Characters: Why Harry Potter, Arya Stark, and Matrim Cauthon Are Copyrightable, 35 TOURO L. REV. 1291 (2020).

Rena Seplowitz, was cited in, Rachel Silverstein, The Law of Obscenity in Comic Books, 35 TOURO L. REV. 1315 (2020).

Rena Seplowitz, was cited in, Olivia Lattanza, The "Foul" Protection for A Photographer's Original and Creative Choices in A Photograph: Exploring the Implications of Rentmeester v. Nike, Inc. on Creativity in Photography, 35 TOURO L. REV. 1127 (2020).

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