November/December 2020

Publications:

Hal Abramson, BEYOND THE COURTROOM: RESOLVING DISPUTES THROUGH AGREEMENT (Touro Univ. Press 2020).
Rodger D. Citron, Ford Motor Co. v. Montana Eighth Judicial District, ORAL ARGUMENT 2.0: OYEZ (Oct. 7, 2020).
Ilene S. Cooper, The Selection of the Right Fiduciary, N.Y.L.J. (Dec. 4, 2020).
Laura Dooley, Ford Motor Co. v. Montana Eighth Judicial District, ORAL ARGUMENT 2.0: OYEZ (Oct. 7, 2020).
Deseriee A. Kennedy, #BlackFamiliesMatter, REG. REV. (Oct. 27, 2020).
Samuel J. Levine, Was Yosef on the Spectrum, 50(12) EXCEPTIONAL PARENT MAGAZINE 36 (Dec. 2020).
Michael Lewyn, Subways and Covid-19: A Literature Review, 49 REAL EST. L.J. 147 (Fall 2020).
Michael Lewyn, Another Fun Neighborhood Analysis Toy, PLANETIZEN (Dec. 23, 2020).
Michael Lewyn, Are Increased Levels of Homeownership Good for Affordability? No… and Yes, MARKET URBANISM (Dec. 20, 2020).
Michael Lewyn, Do Americans Want More Housing, or More Zoning?, PLANETIZEN (Dec. 14, 2020).
Michael Lewyn, We Are (Sort of) Less Polarized Than in 2016, PLANETIZEN (Dec. 2, 2020).
Michael Lewyn, Republicans, Democrats, and Transit, PLANETIZEN (Nov. 9, 2020).
Sharon A. Pocock, Mentoring Good Writing, SUFFOLK LAW. (Nov. 2020).
Sharon A. Pocock, Holiday Gifts: "There Is No Frigate Like a Book, SUFFOLK LAW. (Dec. 2020).
Patricia E. Salkin (with John J. Delaney, Stanley D. Abrams, Frank Schnidman & Julie A. Tappendorf), HANDLING THE LAND USE CASE (Thomson Reuters, 3d, 2020-2021 ed.).
Martin A. Schwartz, Municipal Liability for Inadequate Training, N.Y.L.J. (Nov. 3, 2020).
Sol Wachtler, GOP Battling to Survive, TIMES UNION (Dec. 6, 2020).


Presentations:

Rodger D. Citron, moderator, The State of Law Practice Today and Visions for the Future, Law & Technology Conference, Touro Law Center (Nov. 5, 2020).
Joan Foley, moderator, COVID-19 & The Social Determinants of Health, Webinar, Touro Law Center & N.Y. Medical College- School of Health Sciences & Practice (Nov. 11, 2020).
Joan Foley, Implementing Simulations in Online and Hybrid Legal Writing Courses, Legal Writing Institute Workshop, DePaul University School of Law (Dec. 3, 2020).
Deseriee A. Kennedy, moderator, COVID-19 & The Social Determinants of Health, Webinar, Touro Law Center & N.Y. Medical College - School of Health Sciences & Practice (Nov. 11, 2020).
Samuel J. Levine, Healthy Aging in the Era of COVID-19, TCUS Symposium (Nov. 13, 2020).
Samuel J. Levine, COVID-19 and Individuals with Developmental Disabilities: Tragic Realities and Cautious Hope, Virtual Symposium on COVID-19 and Vulnerable Populations, Academy for Justice, Arizona State L.J. Online (Dec. 14, 2020).
Samuel J. Levine, CLE: A Comparison of American and Talmudic Law, co-sponsored by Chabad of Armonk, Chappaqua and Pleasantville & Touro Law Center (Dec. 8, 2020).
John Linarelli, Equality and Access to Credit: A Social Contract Framework, Sheffield Centre for Corporate and Commercial Law (Dec. 9, 2020).
Meredith Miller, CLE: How to Start Your Own Law Firm, Webcast, N.Y.C. Bar Association (Dec. 14, 2020).
Tracy Norton, Creating an Online Courtroom, Virtual Teaching Workshop, University of South Dakota (Dec. 9, 2020).
Ann Nowak, panelist, The State of Law Practice Today and Visions for the Future, Law & Technology Conference, Touro Law Center (Nov. 5, 2020).
Lisa Pomerantz, presenter, The Value of Transparency in Mediation, N.Y.S. Dispute Resolution Association Annual Conference (Nov. 10, 2020).
Jorge Roig, panelist, Emerging Legal Issues Arising from Developments in Technology, Law & Technology Conference, Touro Law Center (Nov. 5, 2020).
Rena Seplowitz, moderator, Emerging Legal Issues Arising from Developments in Technology, Law & Technology Conference, Touro Law Center (Nov. 5, 2020).
Gary Shaw, panelist, Emerging Legal Issues Arising from Developments in Technology, Law & Technology Conference, Touro Law Center (Nov. 5, 2020).
Michelle Zakarin, How to Effectively Conference with Students on Zoom, Virtual Teaching Workshop, University of South Dakota (Dec. 9, 2020).


Awards & Appointments:

Linda Howard-Weissman, Premium 2020/2021 Business Woman of Long Island, LI Herald (Dec. 10, 2020).


Media:

Rodger Citron, A Life in the Law: An Interview with Drew Days, Touro Law Review, 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).
Richard Klein, was quoted in, Matthew Chayes, Feds, Under Trump, Stepping in to Prosecute Crimes Tied to Civil Unrest, Gun Violence, NEWSDAY (Nov. 18, 2020).
Richard Klein, was quoted in, Prosecutors Seeking Death Penalty for Alleged MS-13 Member Accused in 7 Murders, NEWS 12 (Nov. 20, 2020).
Elena Langan, was quoted in, Ilana Kowarski, How to Become a Lawyer: A Step-by-Step Guide, U.S. NEWS & WORLD REP. (Nov. 23, 2020).
Lisa Pomerantz, was interviewed by, Eric Sarver, Esq., Navigating Blurred Lines Between Work and Personal Life, EMP. LAW TODAY (Nov. 10, 2020).
Patricia E. Salkin, was quoted in, Werner Boel, In Crisis, What Makes Lawyers Leaders?, ABA: BUS. LAW TODAY (Nov. 16, 2020).
Sol Wachtler, was quoted in, Marco Poggio, Former NY Top Judges Back Courts In Retiring Older Judges, LAW 360 (Dec. 22, 2020).


Citations:

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, Janet Dolgin, Psychiatry in the Courtroom: Relying on the American Psychiatric Association's Manuals to Resolve Disputes About Personal Status, 53 IND. L. REV. 545 (2020).
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, Abigail Hollinger, Funding Indigent Defense: A Judicial Solution to A Legislative Failure, 88 GEO. WASH. L. REV. ARGUENDO 195 (2020).
Eileen Kaufman & Louise Harmon, Innocents Abroad: Reflections on Summer Abroad Law Programs, 30 T. JEFFERSON L. REV. 69 (2007), was cited in, Gillian Dutton, International Experiences: A Path to Critical Legal Skills, Values, and Innovation for American Law Students, 27 CLINICAL L. REV. 1 (2020).
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, Christopher Menich, Termination of Parental Rights: Should There Be A "Three-Strike Rule" for A Parent to Lose Parental Rights After Three Felony Convictions?, 53 UIC J. MARSHALL L. REV. 283 (2020).
Deseriee A. Kennedy, Marketing Goods, Marketing Images: The Impact of Advertising on Race, 32 ARIZ. ST. L.J. 615 (2000), was cited in, Miriam Marcowitz-Bitton & Emily Michiko Morris, The Distributive Effects of IP Registration, 23 STAN. TECH. L. REV. 306 (2020).
Desiree Kennedy, Children, Parents, and the State: The Construction of a New Family Ideology, 26 BERKELEY J. GENDER, L. & JUST. 78 (2011), was cited in, Lauren Kuhlik & Carolyn Sufrin, Pregnancy, Systematic Disregard and Degradation, and Carceral Institutions, 14 HARV. L. & POL'Y REV. 417 (2020).
Richard Klein, An Analysis of Thirty-Five Years of Rape Reform: A Frustrating Search for Fundamental Fairness, 41 AKRON L. REV. 981 (2008), was cited in, Mary Graw Leary, Is the #MeToo Movement for Real? Implications for Jurors' Biases in Sexual Assault Cases, 81 LA. L. REV. 81 (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), was cited in, Caitlyn B. Holuta, Proactive Regulation of Prosecutors' Offices: Strengthening Disciplinary Committees' Oversight of Prosecutors' Offices Across the United States with ABA Model Rule 5.1, 89 FORDHAM L. REV. 695 (2020).
Samuel J. Levine, Foreword: Conference, The Law: Business or Profession? The Continuing Relevance of Julius Henry Cohen for the Practice of Law in the Twenty-First Century, 40 FORDHAM URB. L.J. 1 (2012), was cited in, Mitt Regan and Lisa H. Rohrer, BIGLAW: MONEY AND MEANING IN THE MODERN LAW FIRM (Univ. Chicago Press 2020).
Samuel J. Levine, Foreword, 38 FORDHAM URB. L.J. 1267 (2011), was cited in, Michael L. Perlin, Esq., "You That Build the Death Planes": Bob Dylan, War, and International Affairs, 37 ARIZ. J. INT'L & COMP. L. 305 (2020).
Michael E. Lewyn,‘Thou Shalt Not Put a Stumbling Block before the Blind’': The Americans with Disabilities Act and Public Transit for the Disabled, 52 HASTINGS L.J. 1037 (2001), was cited in, Samuel R. Bagenstos, Towards an Urban Disability Agenda, 47 FORDHAM URB. L.J. 1335 (2020).
Michael E. Lewyn, Sprawl, Growth Boundaries and the Rehnquist Court, 2002 UTAH L. REV. 1 (2002), was cited in, James A. Kushner, The Life and Death of Great Cities in the Time of Climate Change and the Covid-19 Pandemic, 4 J. COMP. URB. L. & POL'Y 133 (2020).
John Linarelli, Organizations Matter: They Are Institutions, After All, 6(1) J. INST. ECON. 83 (Mar. 2010), was cited in, Vitaly L. Tambovtsev, Methodology for Empirical Analysis of Informal Institutions, 12(3) J. INST. STUDIES 6 (Sept. 2020).
John Linarelli, The Economics of Uniform Laws and Uniform Lawmaking, 48 WAYNE L. REV. 1387 (2002), was cited in, Marc L. Roark, Scaling Commercial Law in Indian Country, 8 TEX. A&M L. REV. 89 (2020).
John Linarelli (with Margot E Salomon & Muthucumarawamay Sornarajah), THE MISERY OF INTERNATIONAL LAW: CONFRONTATIONS WITH INJUSTICE IN THE GLOBAL ECONOMY (Oxford Univ. Press 2018), was cited in, Carmen Gonzalez, Climate Change, Race, and Migration, 1 J.L. & POL. ECON. 109 (2020).
John Linarelli (with Margot E Salomon & Muthucumarawamay Sornarajah), THE MISERY OF INTERNATIONAL LAW: CONFRONTATIONS WITH INJUSTICE IN THE GLOBAL ECONOMY (Oxford Univ. Press 2018), was cited in, Marie Aronsson-Storrier, Sendai Five Years on: Reflections on the Role of International Law in the Creation and Reduction of Disaster Risk, 11 INT’L J. DISASTER RISK SCI. 230 (Apr. 2020).
John Linarelli (with Sue Arrowsmith & Don Wallace Jr.), REGULATING PUBLIC PROCUREMENT: NATIONAL AND INTERNATIONAL PERSPECTIVES (2000), was cited in, Kwambai Mercy Jelagat & Dr. Samson Nyang’au Paul, Effects of Inventory Management on The Performance of State Corporations in Kenya, 4(2) Int’l J. Supply Chain 27 (Oct. 2020).
John Linarelli (with Sue Arrowsmith & Don Wallace Jr.), REGULATING PUBLIC PROCUREMENT: NATIONAL AND INTERNATIONAL PERSPECTIVES (2000), was cited in, Antony Nyutu Chege & Dr. George Ochiri, Influence of Supply Base Rationalization on Performance of Manufacturing Firms in Kenya, 3(1) Int’l J. Supply Chain 101 (May 2019).
John Linarelli, Trade Related Aspects of Intellectual Property Rights and Biotechnology: European Aspects, 6 SINGAPORE J. INT’L & COMP. L. 406 (2002), was cited in, Yohanna Juk & Marcos Fuck , Questões Sobre Proteção de Cultivares no Brasil, 37(3) CADERNOS CIÊNCIA & TECNOLOGIA 1 (Nov 2020).
Deborah Waire Post, Outsider Jurisprudence and the “Unthinkable” Tale: Spousal Abuse and the Doctrine of Duress, 26 U. HAW. L. REV. 469 (2004), was cited in, Alice Ristroph, The Curriculum of the Carceral State, 120 COLUM. L. REV. 1631 (2020).
Jorge R. Roig, Emerging Technologies and Dwindling Speech, 16 U. PA. J. CONST. L. 1235 (2014), was cited in, David S. Han, Constitutional Rights and Technological Change, 54 U.C. DAVIS L. REV. 71 (2020).
Patricia E. Salkin (with Julian Juergensmeyer, Thomas Roberts & Ryan Rowberry), LAND USE PLANNING AND DEVELOPMENT REGULATION LAW (West Hornbook Series 4th ed. 2018) & Patricia E. Salkin (with Julian C. Juergensmeyer & Thomas E. Roberts), LAND USE PLANNING AND DEVELOPMENT REGULATION LAW (West Practitioner Treatise Series 3rd ed. 2012-2018), were cited in, Becky L. Jacobs, Professor Julian Conrad Juergensmeyer's "Impact": Scholarly, Theoretical, and Practical, 4 J. COMP. URB. L. & POL'Y 18 (2020).
Patricia E. Salkin (with Julian Juergensmeyer, Thomas Roberts & Ryan Rowberry), LAND USE PLANNING AND DEVELOPMENT REGULATION LAW (updated as of May 2020), was cited in, Colin Crawford, It's Been A Long Time Coming: A Short Manifesto for Urgently Needed Change in Land Use Law & Regulation, 4 J. COMP. URB. L. & POL'Y 28 (2020).
Patricia E. Salkin (with Julian Juergensmeyer, Thomas Roberts & Ryan Rowberry), LAND USE PLANNING AND DEVELOPMENT REGULATION LAW (4th ed. 2018), was cited in, Robert M. Rhodes, Florida's Growth Management Odyssey: Revolution, Evolution, Devolution ..... Resolution, 4 J. COMP. URB. L. & POL'Y 56 (2020).
Patricia E. Salkin, Ethical Considerations in Land Use Decision Making: 2006 Annual Review of Cases and Opinions, 38 URB. LAW. 669 (2006), was cited in, James A. Kushner, The Life and Death of Great Cities in the Time of Climate Change and the Covid-19 Pandemic, 4 J. COMP. URB. L. & POL'Y 133 (2020).
Patricia E. Salkin (with Charles Gottlieb), Engaging Deliberative Democracy at the Grassroots: Prioritizing the Effects of the Fiscal Crisis in New York at the Local Government Level, 39 FORDHAM URB. L.J. 727 (2012), was cited in, Angela P. Harris & Aysha Pamukcu, The Civil Rights of Health: A New Approach to Challenging Structural Inequality, 67 UCLA L. REV. 758 (2020).
Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed.), was cited in, Graul v. Riverwatch, LLC, 2020 Md. App. LEXIS 1093 (App. Nov. 12, 2020).
Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2018), was cited in, Dolezal-Soukup v. Dodge Cty. Bd. of Adjustment, 308 NEB. 63, 952 N.W.2d 674 (2020).
Patricia E. Salkin, From Euclid to Growing Smart: The Transformation of the American Local Land Use Ethic into Local Land Use and Environmental Controls, 20 PACE ENVTL. L. REV. 109 (2002), was cited in, Alexandra G. DeSimone, Brewing Flexibility in Municipal Zoning Laws, One Pint at A Time, 70 SYRACUSE L. REV. 943 (2020).
Patricia E. Salkin (with Ashira Pelman Ostrow), Cooperative Federalism and Wind: A New Framework for Achieving Sustainability, 37 HOFSTRA L. REV. 1049 (2009), was cited in, Hannah J. Wiseman, Taxing Local Energy Externalities, 96 NOTRE DAME L. REV. 563 (2020).
Patricia E. Salkin, AMERICAN LAW OF ZONING, Westlaw (database updated April 2020), was cited in, Christopher Serkin, A Case for Zoning, 96 NOTRE DAME L. REV. 749 (2020).
Patricia E. Salkin, SCOTUS Denies Cert in Goldstein v. Pataki--Atlantic Yards Eminent Domain Case, LAW OF THE LAND (June 23, 2008), was cited in, Bruce Racine, The Opening of A Pandora's Box: How Sports Teams Exploit the Broad Reading of Kelo to Develop Sports Stadiums, 48 FORDHAM URB. L.J. 143 (2020).
Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS & DEFENSES (4th ed. 2020), was cited in, J. Tyler Barton, Uncertain Immunity: Assessing Qualified Immunity in the Context of Post-Arrest Excessive-Force Claims Arising Prior to A Judicial Determination of Probable Cause, 123 W. VA. L. REV. 291 (2020).
Martin A. Schwartz, SECTION 1983 LITIGATION: FEDERAL EVIDENCE (5th ed. Supp. 2018), was cited in, Klien Hilliard, Attorney-Client Privilege in Bad Faith Insurance Claims: The Cedell Presumption and A Necessary National Resolution, 43 SEATTLE U. L. REV. 1299 (2020).
Martin A. Schwartz, FED. JUD. CTR., SECTION 1983 LITIGATION (Kris Markrian ed., 3d ed. 2014), was cited in, Patrick J. Fackrell, Closing the Courthouse Doors to First Amendment Claims Seeking Access to State Court Records: Is Abstention Warranted?, 68 DRAKE L. REV. 445 (2020).
Martin A. Schwartz, FED. JUD. CTR., SECTION 1983 LITIGATION (Kris Markrian ed., 3d ed. 2014), was cited in, Gaytan v. State, 2020 U.S. Dist. LEXIS 205140 (D.N.M. Nov. 3, 2020).
Martin A. Schwartz, SECTION 1983 LITIGATION CLAIMS & DEFENSES (4th ed. 2020), was cited in, Hilliard v. City of Venice, 2020 U.S. Dist. LEXIS 241023 (S.D. Ill. Dec. 22, 2020).
Thomas A. Schweitzer, Justice Scalia, Originalism and Textualism, 33 TOURO L. REV. 749 (2017) was cited in, Alina Veneziano, Placing Alexander Hamilton Under the Present-Day Realities of Ideological Affiliation: Wise or Pointless?, 56 GONZ. L. REV. 117 (2021).
Marjorie A. Silver, Emotional Competence and the Lawyer's Journey, in THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION (Marjorie A. Silver, ed., 2007); Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLIN. L. REV. 259 (1999) & Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Julia Hernandez, Lawyering Close to Home, 27 CLINICAL L. REV. 131 (2020).
Marjorie A. Silver (& Jean Koh Peters), Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship, 19 TOURO L. REV. 847 (2003), was cited in, Sarah A. MacLean, Priscilla O. Agyeman, Elizabeth K. Singer, Kim A. Baranowski & Craig L. Katz, Perspectives on Working with Immigrants Held in Detention Using Photovoice, PSYCHIATRIC Q. (Oct. 2020).


Downloads:

Richard Klein, 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 total new downloads within the last 12 months.
John Linarelli, Equality and Access to Credit: A Social Contract Framework, was recently listed on SSRN's Top Ten download list for: LSN: Issues in Debtor-Creditor Relations (Topic), LSN: Other Regulation that Pertains to Consumer Markets (Sub-Topic) and LSN: Regulation of Contracting Private Parties (Topic), LSN: Miscellaneous Consumer Matters (Topic), LSN: Other Regulation that Pertains to Consumer Markets (Sub-Topic) and Law, Cognition, & Decisionmaking eJournal; and LSN: Law & Economics: Private Law (Topic).
John Linarelli, Advanced Artificial Intelligence and Contract, was recently listed on SSRN's Top Ten download list for: InfoSciRN: Other Libraries & Information Technology (Topic).
Samuel J. Levine, COVID-19 and Individuals With Developmental Disabilities: Tragic Realities and Cautious Hope, was recently listed on SSRN's Top Ten download list for: Education Law eJournal, Developmental Psychology eJournal, Disability Law eJournal, EduRN: Race, Class, Gender, & Disability in Education (Topic), LSN: Education Law: Primary & Secondary Education (Topic), PsychRN: Neurodevelopmental & Learning Disorders (Topic), PsychRN: Other Neurodevelopmental & Learning Disorders (Sub-Topic) and PsychRN: Other Neurodevelopmental & Learning Disorders (Sub-Topic) & Sociology of Education eJournal.
Samuel J. Levine, 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 total new downloads within the last 12 months.
Patricia E. Salkin, is currently in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

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