Marjorie A. Silver - Professor of Law
About
Marjorie A. Silver
Professor of Law
Professor of Law
631-761-7144
msilver@tourolaw.edu
Education
B.A., summa cum laude, 1970, Brandeis University, Phi Beta Kappa
J.D., magna cum laude, 1973, University of Pennsylvania Law School, Order of the Coif
Courses
Civil Dispute Resolution & Procedure
Foundations of Legal Analysis
Professional Responsibility
Seminar, Civil Practicum Externship
Seminar, Civil Disobedience, Law & Lawyers
Seminar, New Paradigms in Law and Lawyering
Professor Silver served as law clerk to U.S. District Judge Joseph S. Lord III, Pennsylvania. She came to law teaching after a decade in the federal government, where, as Chief Regional Civil Rights attorney for the U.S. Department of Education, she enforced non-discrimination laws. Professor Silver has been an active member of the New York City Bar, and under the auspices of the City Bar Justice Center Immigrant Women and Children project, she has represented immigrant women who are victims of physical or emotional abuse by their citizen or lawful permanent resident spouses. She also serves as an impartial hearing officer for the New York State Department of Education, adjudicating special education disputes. She served as a Trustee of the New York State Lawyer Assistance Trust, from 2007 until its demise. She is a member of the Advisory Board of the Dave Nee Foundation. Professor Silver, a member of the New York bar, has an international reputation as a teacher, speaker and writer on emotional competence, psychological-mindedness, legal education, lawyering, and professionalism.
Publications
The Professional Responsibility of Clinics: Emotional Competence, Multiculturalism & Ethics,13 Journal of Law and Medicine 431 (2006)
Professional Responsibility and the Affective Assistance of Counsel (2005), Commitment and Responsibility: Modeling and Teaching Professionalism Pervasively, 14 Widener L. Rev. 329 (2005)
Substance Abuse, Stress, Mental Health and the Legal Pr0fession: Course Curriculum and Teachers Guide, New York State Lawyers Assistance Trust, 2004
September 11th, Pro Bono, and Trauma, 7 Contemporary Issues in Law 64 (2003/2004)
Emotional Competence, Multicultural Lawyering and Race, 3 Fla. Coastal L. Rev. 219 (2002)
Emotional Intelligence and Legal Education, 5 J. Psychol. Pub. Pol’y & L. 1173 (1999)
Love, Hate and Other Emotional Interference in the Lawyer/Client Relationship, 6 Clinical L. Rev. 259 (1999)
Rethinking Religion and Public School Education, 15 Quinnipiac L. Rev. 213 (1996)
Fairness and Finality: Third-Party Challenges to Employment Discrimination Consent Decrees after the 1991 Civil Rights Act, 62 Fordham L. Rev. 321 (1993)
Winner, 1994 Milton Handler Award for Outstanding Scholarship On Bringing the Conference Back Home, 40 Cleveland State L. Rev. 423 (1992)
Giving Notice: An Argument for Notification of Putative Plaintiffs in Complex Litigation, 66 Wash. L. Rev. 775 (1991)
In Lieu of Preclusion: Reconciling Administrative Decisionmaking and Federal Civil Rights Claims, 65 Ind. L. J. 367 (1990)
Evening the Odds: The Case for Attorneys' Fee Awards for Administrative Resolution of Title VI and Title VII Disputes, 67 N.C.L. Rev. 379 (1989)
The Uses and Abuses of Informal Procedures in Federal Civil Rights Enforcement, 55 Geo. Wash. L. Rev. 482 (1987)
The Behavior of Justice Douglas in Federal Tax Cases, 122 Univ. Penn. L. Rev. 235 (1973) with B. Wolfman & J. Silver
Dissent Without Opinion: The Behavior of Justice William O. Douglas in Federal Tax Cases, University of Pennsylvania Press, 1975 with B. Wolfman & J. Silver
Publications
For Selected Works, click here.
Supporting Attorneys’ Personal Skills, 78 Revista Juridica Escuela de Derecho U. Puerto Rico (2008)
The Affective Assistance of Counsel: Practicing Law as a Healing Profession (2007)
The Affective Assistance of Counsel: Practicing Law as a Healing Profession (2007)
The Professional Responsibility of Clinics: Emotional Competence, Multiculturalism & Ethics,13 Journal of Law and Medicine 431 (2006)
Professional Responsibility and the Affective Assistance of Counsel (2005), Commitment and Responsibility: Modeling and Teaching Professionalism Pervasively, 14 Widener L. Rev. 329 (2005)
Substance Abuse, Stress, Mental Health and the Legal Pr0fession: Course Curriculum and Teachers Guide, New York State Lawyers Assistance Trust, 2004
September 11th, Pro Bono, and Trauma, 7 Contemporary Issues in Law 64 (2003/2004)
Emotional Competence, Multicultural Lawyering and Race, 3 Fla. Coastal L. Rev. 219 (2002)
Emotional Intelligence and Legal Education, 5 J. Psychol. Pub. Pol’y & L. 1173 (1999)
Love, Hate and Other Emotional Interference in the Lawyer/Client Relationship, 6 Clinical L. Rev. 259 (1999)
Rethinking Religion and Public School Education, 15 Quinnipiac L. Rev. 213 (1996)
Fairness and Finality: Third-Party Challenges to Employment Discrimination Consent Decrees after the 1991 Civil Rights Act, 62 Fordham L. Rev. 321 (1993)
Winner, 1994 Milton Handler Award for Outstanding Scholarship On Bringing the Conference Back Home, 40 Cleveland State L. Rev. 423 (1992)
Giving Notice: An Argument for Notification of Putative Plaintiffs in Complex Litigation, 66 Wash. L. Rev. 775 (1991)
In Lieu of Preclusion: Reconciling Administrative Decisionmaking and Federal Civil Rights Claims, 65 Ind. L. J. 367 (1990)
Evening the Odds: The Case for Attorneys' Fee Awards for Administrative Resolution of Title VI and Title VII Disputes, 67 N.C.L. Rev. 379 (1989)
The Uses and Abuses of Informal Procedures in Federal Civil Rights Enforcement, 55 Geo. Wash. L. Rev. 482 (1987)
The Behavior of Justice Douglas in Federal Tax Cases, 122 Univ. Penn. L. Rev. 235 (1973) with B. Wolfman & J. Silver
Dissent Without Opinion: The Behavior of Justice William O. Douglas in Federal Tax Cases, University of Pennsylvania Press, 1975 with B. Wolfman & J. Silver