Faculty Accomplishments - February 2017

Ilene Cooper, Trusts and Estates Update: Year in Review: Highlights From the Four Appellate Departments, N.Y.L.J., Feb. 7, 2017, at 3, col. 1.

Michael Lewyn, GOVERNMENT INTERVENTION AND SUBURBAN SPRAWL: THE CASE FOR MARKET URBANISM (2017).

Dan Subotnik, The Battle over American “Carnage,” QUILLETTE (Feb. 20, 2017), http://quillette.com/2017/02/20/the-battle-over-american-carnage/.

Michael Lewyn, was elected to be a member of the Executive Committee for the AALS Property Section, at the AALS annual meeting in San Francisco, January 2017.

Laura Ross, was elected to be the Chair of the American Association of Law Libraries’ Law Repositories Caucus.

Tracy McGaugh Norton, was a panelist for an online ABA CLE, Tips to Make Your Writing More Effective and Efficient, Feb. 7, 2017.

Hal Abramson was interviewed in, Omer Shapira, A Critical Assessment of the Model Standards of Conduct for Mediators (2005): Call for Reform, 100 MARQ. L. REV. 81 (2016).

Sarah J. Adams-Schoen, Reed Applied: The Sign Apocalypse or Another Bump in the Road, 39 ZONING & PLAN. L. REP. 1 (July/Aug. 2016), was cited in, Reed v. Town of Gilbert: Relax, Everybody, 58 B.C. L. REV. 66 (2017).

Fabio Arcila, Jr., GPS Tracking out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum, 91 N.C. L. REV. 1 (2012), was cited in, Adam Candeub, Privacy and Common Law Names: Sand in the Gears of Identification, 68 FLA. L. REV. 467 (2016).

Fabio Arcila, Jr., GPS Tracking Out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum, 91 N.C. L. REV. 1 (2012), was cited in Linet Suárez, Liberty at the Cost of Constitutional Protections: Undocumented Immigrants and Fourth Amendment Rights, 48 U. MIAMI INTER-AM. L. REV. 153 (2016).

Fabio Arcila, Jr., In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause, 10 U. PA. J. CONST. L. 1 (2007), was cited in, Alexandra Gioseffi, Lichtenberger, Sparks, and Wicks: The Future of the Private Search Doctrine, 66 EMORY L.J. 395 (2017).

Suzanne Darrow-Kleinhaus, ACING CONTRACTS 335-36 (2010), was cited, in David G. Epstein et. al., An "App" for Third Party Beneficiaries, 91 WASH. L. REV. 1663 (2016).

Jack Graves, LEARNING CONTRACTS 694-707 (2014), was cited in, David G. Epstein et. al., An "App" for Third Party Beneficiaries, 91 WASH. L. REV. 1663 (2016).

Deseriee A. Kennedy, “The Good Mother”: Mothering, Feminism, and Incarceration, 18 WM. & MARY J. WOMEN & L. 161 (2012)., was cited in, Rebecca Covington, Incarcerated Mother, Invisible Child, 31 Emory Int'l L. Rev. 99 (2016).

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, Rape Law Gatekeeping, 58 B.C. L. REV. 206 (2017).

Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 HOFSTRA L. REV. 1349 (2004), was cited in,

Robert Schehr, Ph.D. & Chelsea French, Mental Competency Law and Plea Bargaining: A Neurophenomenological Critique, 79 ALB. L. REV. 1091 (2016).

Samuel J. Levine, Rediscovering Julius Henry Cohen and the Origins of the Business/Profession Dichotomy: A Study in the Discourse of Early Twentieth Century Legal Professionalism, 47 AM. J. LEGAL HIST. 1 (2005), was cited in, Thomas D. Morgan, Inverted Thinking about Law as a Profession or Business, 2016 PROF. LAW. 115 (2016).

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, Frederick Mark Gedicks, "Substantial" Burdens: How Courts May (and Why They Must) Judge Burdens on Religion Under Rfra, 85 GEO. WASH. L. REV. 94 (2017).

Samuel J. Levine, 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 recently listed on SSRN's Top Ten download list for: Ethics eJournal and LSN: Criminal Procedure (Topic).

Michael Lewyn, How Overregulation Creates Sprawl (Even in a City Without Zoning), 50 WAYNE L. REV. 1171 (2004), was cited in, Nestor M. Davidson, Localist Administrative Law, 126 YALE L.J. 564 (2017).

Michael Lewyn, Zoning and Land Use Planning, 42 REAL EST. L. J. 512 (2014), was cited in, Andrea J. Boyack, A New American Dream for Detroit, 93 U. DET. MERCY L. REV. 573 (2016).

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 Rebecca Flanagan, Pre-Competencies As Precursors: Enhanced Admissions Criteria in the Age of Seat-Deposit Anxiety, 17 NEV. L.J. 181 (2016).

Patricia E. Salkin, Sustainability and Land Use Planning, 34 WM. & MARY ENVTL. L. & POL'Y REV. 121 (2009), was cited in, Ryan P. Kelly & Margaret R. Caldwell, Ten Ways States Can Combat Ocean Acidification (and Why They Should), 6 WASH. J. ENVTL. L. & POL'Y 287 (2016).

Patricia E. Salkin, N.Y. ZONING LAW & PRAC. § 11:23.10 (2014), was cited in, Steven Ferrey, Siting Technology, Land-Use Energized, 66 CATH. U. L. REV. 1 (2016).

Patricia E. Salkin, Crime Doesn't Pay and Neither Do Conflicts of Interest in Land Use Decisionmaking, 40 URB. LAW. 561 (2008), was cited in, Nestor M. Davidson, Localist Administrative Law, 126 YALE L.J. 564 (2017).

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, Ryann White, Three Steps to A Greener Tomorrow: Encouraging Solar Energy Development in the Sunshine State, 31 J. LAND USE & ENVTL. L. 263 (2016).

Patricia E. Salkin (& John C. Dernbach & Donald A. Brown), Sustainability as a Means of Improving Environmental Justice, 19 J. ENVTL. & SUSTAINABILITY L. 1 (2012), was cited in, Martha Fitzgerald, Prison or Precaution: Unilateral, State-Mandated Geoengineering Under Principles of International Environmental Law, 24 N.Y.U. ENVTL. L.J. 256 (2016).

Patricia E. Salkin (& John R. Nolon), Practically Grounded: Convergence of Land Use Law Pedagogy and Best Practices, 60 J. LEGAL EDUC. 519 (2011), was cited in, Tracy Bach, Minding the Gap: Teaching International Climate Change Law Through Service Learning, 18 Vt. J. Envtl. L. 173 (2016).

Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Michael D. White et. al., Federal Civil Litigation As an Instrument of Police Reform: A Natural Experiment Exploring the Effects of the Floyd Ruling on Stop-and-Frisk Activities in New York City, 14 OHIO ST. J. CRIM. L. 9 (2016).

Marjorie A. Silver, 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), was cited in, Megan M. La Belle, Fee Shifting for Ptab Proceedings, 24 TEX. INTELL. PROP. L.J. 367 (2016).

Marjorie A. Silver, Emotional Intelligence and Legal Education, 5 PSYCHOL. PUB. POL'Y & L. 1173 (1999), was cited in Rebecca Flanagan, Pre-Competencies as Precursors: Enhanced Admissions Criteria in the Age of Seat-Deposit Anxiety, 17 NEV. L.J. 181 (2016).

Marjorie A. Silver, was mentioned in, Pauline H. Tesler, Can This Relationship Be Saved? The Legal Profession and Families in Transition, 55 FAM. CT. REV. 38 (2017).

Marjorie Silver (& Jonathan L. F. Silver), DISSENT WITHOUT OPINION: THE BEHAVIOR OF JUSTICE WILLIAM O. DOUGLAS IN FEDERAL TAX CASES (1975), was cited in, Mark L. Ascher, Helvering v. Clifford: The Supreme Court Spoils the Broth, 42 ACTEC L.J. 29 (2016).