Faculty Accomplishments August / September 2016

Joan Foley was elected President-Elect of the Federal Bar Association – Eastern District of New York Chapter.

Deborah Post will be honored at KCON XII in February 2017 for her lifetime achievement in the field of contract law.

Eileen Kaufman served as an expert witness in two political asylum cases on behalf of Tibetans. Her expertise concerned the status of Tibetans in India and reflected the research she has been engaged in for over a decade. The issue that often arises in these asylum cases is whether the Tibetan, who would clearly face persecution were he/she to be returned to Tibet, was "firmly resettled" in India. In the hearing on August 23, the judge ruled from the bench and granted asylum, finding that the conditions in India do not amount to firm resettlement.

Eileen Kaufman presenter, Lecture on the Abortion and Affirmative Action Cases of Last Term, Annual Leon D. Lazer Supreme Court Review, Touro Law Center, September 30, 2016. 

Samuel Levine presented, Comparisons between the Text of the Torah and the United States Constitution, at Touro Law Center’s faculty colloquium, on September 7.

Samuel Levine presented a CLE, To Save a Life: Confidentiality and the Innocent Convict in Jewish Law and American Law, at Proskauer Rose, as a Jewish Law Institute event, on September 12.

Citations:

Suzanne Darrow-Kleinhaus & Mary Campbell Gallagher, A Comparison of the New York Bar Examination and the Proposed Uniform Bar Examination, 87 N.Y. ST. B.J. 32 (2015), was cited in Judith Welch Wegner, Contemplating Competence: Three Meditations, 50 VAL. U. L. REV. 675 (2016).

Richard Klein, A Generation Later: The Constitutionalization of Ineffective Assistance of Counsel, 58 MD. L. REV. 1433 (1999), was cited in Sean McLeod, Administration of the Criminal Justice System: When Efficiency Trumps a Fundamental Right, 32 TOURO L. REV. 851 (2016).

Samuel J. Levine, Looking Beyond the Mercy/Justice Dichotomy: Reflections on the Complementary: Roles of Mercy and Justice in Jewish Law and Tradition, 45 J. CATH. LEG. STUD. 455 (2006), was cited in Kathleen Bonnette, The Heart of Justice: An Augustinian Ethic of Relational Responsibility, Th.D. Dissertation, La Salle University (2016).

Samuel J. Levine, Taking the Ethical Duty to Self Seriously: An Essay in Memory of Fred Zacharias, 48 SAN DIEGO L. REV. 285 (2011), was quoted in Michael S. McGinniss, The Character of Codes: Preserving Spaces for Personal Integrity in Lawyer Regulation, 29 GEO. J. LEGAL ETHICS 559 (2016).

Samuel J. Levine, Symposium: Bob Dylan and the Law: Foreword, 38 FORDHAM URB. L.J. 1267 (2011), was cited in Richard H. Underwood, Notes from the Underground (Sometimes Aboveground, Too), 3 SAVANNAH L. REV. 161 (2016).

Samuel J. Levine, A Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview, 20 NOTRE DAME J.L. ETHICS & PUB. POL’Y 11 (2006) & Reflections on the Practice of Law as a Religious Calling, From a Perspective of Jewish Law and Ethics, 32 PEPP. L. REV. 411 (2005), were cited in Katie Murray, Reconciling Law and Morality in a Secular Legal System: Christian and Jewish Approaches to Lawyers' Ethics, 41 MONASH U. L. REV. 696 (2015).

Samuel J. Levine & Russell G. Pearce, Rethinking the Legal Reform Agenda: Will Raising the Standards for Bar Admission Promote or Undermine Democracy, Human Rights, and the Rule of Law?, 77 FORDHAM L. REV. 1635 (2009), was cited in Chung Yousun & Chung Sunwook, Societal Push for Labour Protection: The Emerging Role of Watchdogs in Nanjing, 14 CHINA: INT’L J. 71 (2016).

Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), was included in the syllabus of the course Ancient and Modern Constitutionalism at the University of Copenhagen.

Michael Lewyn, Deny, Deny, Deny, 44 REAL EST. L.J. 558 (Spring 2016), was listed on SSRN's Top Ten download list for: 3 eJournals & was also cited in a blog: Not Just Economists, THE ANTIPLANNER (Sept. 14, 2016).

Jeffrey 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 John Fabian Witt, Introduction: Constraint, Authority, and the Rule of Law in A Federal Circuit Court of Appeals, 85 FORDHAM L. REV. 3 (2016) & Karen Patton Seymour, Securities and Financial Regulation in the Second Circuit, 85 FORDHAM L. REV. 225 (2016) & Matthew Diller & Alexander A. Reinert, The Second Circuit and Social Justice, 85 FORDHAM L. REV. 73 (2016).

Deborah Waire Post, Power and the Morality of Grading-A Case Study and a Few Critical Thoughts on Grade Normalization, 65 UMKC L. REV. 777 (1997), was cited in Judith Welch Wegner, Contemplating Competence: Three Meditations, 50 VAL. U. L. REV. 675 (2016).

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 Liz Darling Edmondson, The Incorporation of Health Impact Analysis into Land Use Regulation: Using Health Impact Assessments to Promote Sustainable, Healthy Communities, 8 KY. J. EQUINE, AGRIC. & NAT. RESOURCES L. 43 (2016).

Patricia E. Salkin, The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, 27 J. LAND USE & ENVTL. L. 339 (2012), was cited in Hannah J. Wiseman, Disaggregating Preemption in Energy Law, 40 HARV. ENVTL. L. REV. 293 (2016).

Patricia E. Salkin, From Bricks and Mortar to Mega-Bytes and Mega-Pixels: The Changing Landscape of the Impact of Technology and Innovation on Urban Development, 42/ 43 URB. LAW. 11 (2010/2011), was cited in Nestor M. Davidson & John J. Infranca, The Sharing Economy As an Urban Phenomenon, 34 YALE L. & POL'Y REV. 215 (2016).

Martin A. Schwartz, Attorney's Fees in Civil Rights Cases--October 2009 Term, 27 TOURO L. REV. 113 (2011), was cited in Michael A. Olivas, Who Gets to Control Civil Rights Case Management? An Essay on Purposive Organizations and Litigation Agenda-Building, 2015 MICH. ST. L. REV. 1617 (2015).

Martin A. Schwartz & John E. Kirklin, SECTION 1983 LITIGATION: CLAIMS AND DEFENSES (5th ed. 2014), was cited in Christopher M. Eisenhauer, Police Action and the State-Created Danger Doctrine: A Proposed Uniform Test, 120 PENN ST. L. REV. 893 (2016).

Martin A. Schwartz, The Supreme Court's Unfortunate Narrowing of the Section 1983 Remedy for Brady Violations, Champion, p. 58 (May 2013), was cited in Gerald S. Reamey, The Truth Might Set You Free: How the Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not, 48 TEX. TECH L. REV. 893 (2016).

Martin A. Schwartz & Kathryn R. Urbonya, SECTION 1983 LITIGATION (2d ed. 2008) & Karen Blum, Erwin Chemerinsky & Martin A. Schwartz, Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in Devon W. Carbado, Blue-on-Black Violence: A Provisional Model of Some of the Causes, 104 GEO. L.J. 1479 (2016) & Erin L. Donnelly, The Preclusion of § 1983 Claims by the Age Discrimination in Employment Act Following Hildebrand v. Allegheny County, 90 ST. JOHN'S L. REV. 109 (2016).

Marjorie A. Silver, Preface and Introduction: Transforming Justice, Lawyers, and the Practice of Law, forthcoming 2016, was cited in a blog: Recent Articles of Interest, RELIGION CLAUSE (Sept. 5, 2016) & made SSRN's Top Ten download list for 2 eJournals.

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999) & Marjorie A. Silver, Sanford Portnoy & Jean Koh Peters, Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship: A Panel Discussion, 19 TOURO L. REV. 847 (2004), were both cited in David A. Singleton, To Love or Not to Love: The Possibility, Promise, and Peril of Mutually Transformative Attorney-Client Friendships, 46 SETON HALL L. REV. 743 (2016) & Sabrineh Ardalan, Constructive or Counterproductive? Benefits and Challenges of Integrating Mental Health Professionals into Asylum Representation, 30 GEO. IMMIGR. L.J. 1 (2015).

Marjorie Silver, Emotional Intelligence and Legal Education, 5 PSYCHOL. PUB. POL'Y & L. 1173 (1999), was also cited in Sabrineh Ardalan, Constructive or Counterproductive? Benefits and Challenges of Integrating Mental Health Professionals into Asylum Representation, 30 GEO. IMMIGR. L.J. 1 (2015).

Marjorie A. Silver, Sanford Portnoy & Jean Koh Peters, Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship: A Panel Discussion, 19 TOURO L. REV. 847 (2004), was cited in Recent Publications, 41 YALE J. INT'L L. 493 (2016).

Marjorie A. Silver, THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION (chapter by Bruce J. Winick, Overcoming Psychological Barriers to Settlement: Challenges for the TJ Lawyer) (2006), was cited in Michael L. Perlin & Alison J. Lynch, “Mr. Bad Example”: Why Lawyers Need to Embrace Therapeutic Jurisprudence to Root Out Sanism in the Representation of Persons with Mental Disabilities, 16 Wyo. L. Rev. 299 (2016) & Michael L. Perlin, “Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct and the Use of "Ethnic Adjustments" in Death Penalty Cases of Defendants with Intellectual Disabilities, 65 AM. U. L. REV. 1437 (2016).

Dan Subotnik, A Law Review Editor and Faculty Author Learn to Speak Honestly, 32 TOURO L. REV. 441 (2016), was cited in Joseph Scott Miller, A Modest Proposal for Expediting Manuscript Selection at Less Prestigious Law Reviews (2016) & was listed on SSRN's Top Ten download list for: Legal Writing eJournal.