Faculty Accomplishments - April 2017

Ilene Cooper, The Eligibility of a Fiduciary; Trusts and Estates Update, N.Y.L.J., Apr. 7, 2017.

Michael Lewyn, Zoning and Land Use Planning, 45 REAL EST. L.J. 598 (Spring 2017).

Samuel L. Levine, Foreword to the Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, 33 Touro L. Rev. 1 (2017).

Michael Mushlin, The Prisoners We Should Put on Rikers, Daily News, Apr. 5, 2017.

Martin A. Schwartz, Do You Speak Legalese?, 91 FLA. B.J. 57 (Apr. 2017).

Sol Wachtler, Broken Scales: Reflections on Justice, N.Y.L.J., Apr. 21, 2017.

Hal Abramson, received an award for establishing and serving as IAM's first Scholar in Residence at the International Academy of Mediator's Conference, Memphis, TN, Apr. 29, 2017.

Ann Nowak, received a Presidential Research Development Grant from Touro College for, Oral Reading Disfluency as an Indicator of Hidden Reading Comprehension Difficulties.

Harry Ballan, moderated, Cardozo, Law, and Society, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, Central Islip, N.Y., March 23-24, 2017.

Rodger Citron, moderated, Cardozo and Judicial Decisionmaking, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Myra Berman, moderated, Cardozo’s Judicial Style, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Joan Foley, moderated, Cardozo’s Jurisprudence, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Eileen Kaufman, presented at Politics, Policies and Protection Issues: Tibetan Refugees in the Current Global Climate, Tibet House, NY, NY, Apr. 12, 2017.

Deseriee Kennedy, moderated, Cardozo and Contracts, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Samuel J. Levine, organized the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Meredith Miller, presented, The Legacy of Mr. Justice Cardozo and the Law of Contracts at the New York Court Appeals, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Sharon Pocock, presented, Advising Students in Advocacy Competitions Outside the Aegis of Moot Court Organizations, at the Legal Writing Institute Biennial Moot Court Conference at John Marshall Law School, Chicago, IL, Apr. 29, 2017.

Deborah W. Post, presented, Cardozo and the Canon: Respect and Resistance in the Classroom, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Lawrence Raful, moderated, Cardozo and Torts, at the Benjamin N. Cardozo: Judge, Justice, Scholar Conference, Touro Law Center, March 23-24, 2017.

Lillian Spiess, presented, Navigating the Rubicon: Constitutionalism and The Inevitability of the Social Contract for the panel Theories of Law and Jurisprudence Over Time & moderated, Contemporary Theories of Law and Jurisprudence, at the Midwest Political Science Association Conference, Chicago, IL, Apr. 7-9, 2017.

Harold I. Abramson, A Fifth Branch of Government: The Private Regulators and Their Constitutionality, 16 HASTINGS CONST. L.Q. 165 (1989), was cited in, James M. Rice, The Private Nondelegation Doctrine: Preventing the Delegation of Regulatory Authority to Private Parties and International Organizations, 105 CALIF. L. REV. 539 (2017).

Sarah J. Adams-Schoen, Of Old Dogs and New Tricks - Can Law Schools Really Fix Students' Fixed Mindsets?, 19 LEGAL WRITING: J. LEGAL WRITING INST. 3 (2014), was cited in, Heather D. Baum, Inward Bound: An Exploration of Character Development in Law School, 39 U. ARK. LITTLE ROCK L. REV. 25 (2016).

Fabio Arcila, Jr., How to Become a Law School Professor, SSRN (Dec. 13, 2013), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2376549, was cited in, Linda L. Berger, Rhetoric and Reality in the ABA Standards, 66 J. Legal Educ. 553 (2017).

Myra E. Berman, Portals to Practice: A Multidimensional Approach to Integrating Experiential Education into the Traditional Law School Curriculum, 1 J. EXPERIENTIAL LEARNING 157 (2015), was cited in, Ellie Margolis & Kristen Murray, Using Information Literacy to Prepare Practice-Ready Graduates, 39 U. HAW. L. REV. 1 (2016).

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, Irene Oritseweyinmi Joe, Rethinking Misdemeanor Neglect, 64 UCLA L. REV. 738 (2017).

Jack W. Graves, Course of Performance as Evidence of Intent or Waiver: A Meaningful Preference for the Latter and Implications for Newly Broadened Use Under Revised UCC Section 1-303, 52 DRAKE L. REV. 235 (2004), was cited in, Franklin G. Snyder & Ann M. Mirabito, Consumer Preferences for Performance Defaults, 6 MICH. BUS. & ENTREPRENEURIAL L. REV. 35 (2016).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986) and The Eleventh Commandment: Thou Shalt Not Be Compelled to Render the Ineffective Assistance of Counsel, 68 IND. L J. 363 (1993), were both cited in, Irene Oritseweyinmi Joe, Rethinking Misdemeanor Neglect, 64 UCLA L. REV. 738 (2017).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986), was cited in, Ben Grunwald, The Fragile Promise of Open-File Discovery, 49 CONN. L. REV. 771 (2017).

Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986), was cited in, Lisa Kern Griffin, State Incentives, Plea Bargaining Regulation, and the Failed Market for Indigent Defense, 80 LAW & CONTEMP. PROBS. 83 (2017).

Richard Klein, The Eleventh Commandment: Thou Shalt Not Be Compelled to Render the Ineffective Assistance of Counsel, 68 IND. L.J. 363 (1993), was cited in, Erica Hashimoto, Motivating Constitutional Compliance, 68 FLA. L. REV. 1001 (2016).

Richard Klein, Civil Rights in Crisis: The Racial Impact of the Denial of the Sixth Amendment Right to Counsel, 14 U. MD. L.J. RACE, RELIGION, GENDER & CLASS 163 (2014), was cited in, Victor Zapana, The Statement of Interest as a Tool in Federal Civil Rights Enforcement, 52 Harv. C.R.-C.L. L. REV. 227 (2017).

Samuel L. Levine, Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to “Seek Justice” in a Comparative Analytical Framework, 41 HOUS. L. REV. 1337 (2004), was cited in, Tamara Rice Lave, The Prosecutor's Duty to "Imperfect" Rape Victims, 49 TEX. TECH L. REV. 219 (2016).

Samuel J. Levine, Faith in Legal Professionalism: Believers and Heretics, 61 MD. L. REV. 217 (2002), was cited in, Andrew S. Pollis, Busting Up the Pretrial Industry, 85 FORDHAM L. REV. 2097 (2017).

Samuel L. Levine, was in the top 10% of authors on SSRN this month.

Michael E. Lewyn, How to Limit Gerrymandering, 45 FLA. L. REV. 403 (1993), was cited in Michael Woods, Gerrymandering (Almost) Gone Wild: How the Supreme Court Saved Independent Redistricting Reform Ariz. State Legislature v. Ariz. Indep. Redistricting Comm'n, 135 S. Ct. 2652 (2015), 68 FLA. L. REV. 1509 (2016).

Patricia E. Salkin, N.Y. ZONING LAW & PRAC. (4th ed. 2015) & AMERICAN LAW OF ZONING (5th ed. 2016), were cited in, Steven Ferrey, Eminent Domain and Serrated Power, 39 U. HAW. L. REV. 171 (2016).

Patricia E. Salkin, ETHICAL STANDARDS IN THE PUBLIC SECTOR (2d ed. 2008), was cited in, Hugh D. Spitzer, Model Rule 5.7 and Lawyers in Government Jobs-How Can They Ever Be "Non-Lawyers"?, 30 GEO. J. LEGAL ETHICS 45 (2017).

Patricia E. Salkin (& Ashira Pelman Ostrow), Cooperative Federalism and Wind: A New Framework for Achieving Sustainability, 37 HOFSTRA L. REV. 1049 (2009), was cited in, Kayla J. Cawood, The Potential for Production: Regulating Oklahoma's Wind Estate and Encouraging Sustainable Wind Energy Development, 41 OKLA. CITY U. L. REV. 201 (2016).

Martin A. Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Peter Swire & DeBrae Kennedy-Mayo, How Both the Eu and the U.S. Are "Stricter" Than Each Other for the Privacy of Government Requests for Information, 66 EMORY L.J. 617 (2017).

Martin A. Schwartz (& Erwin Chemerinsky), Dialogue on State Action, 16 TOURO L. REV. 775 (2000), was cited in, Tamara Rice Lave, A Critical Look at How Top Colleges and Universities Are Adjudicating Sexual Assault, 71 U. MIAMI L. REV. 377 (2017).

Martin A. Schwartz, SECTION 1983 LITIGATION: FEDERAL EVIDENCE (5th ed. 2012 & Supp. 2013), was cited in, Brandon Garrett & Seth Stoughton, A Tactical Fourth Amendment, 103 VA. L. REV. 211 (2017).

Martin A. Schwartz (& Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in, Katie N. Wagner, Doctoring an Inmate's Basic Rights: Inmate Healthcare and Fourte v. Faulkner County, 41 OKLA. CITY U. L. REV. 307 (2016).

Martin A. Schwartz (& Kathryn R. Urbonya), SECTION 1983 LITIGATION (2008), was cited in, Richard Shiller, Shooting in High Definition: How Having Tough Policies in Place Makes the Use of Body Cameras in Law Enforcement Comport with the Fourth Amendment, 51 NEW ENG. L. REV. 187 (2016).

Martin A. Schwartz, SECTION 1983 LITIGATION (4th ed. Supp. 2017), was cited in, Excessive Lethal Force, 111 NW. U. L. REV. ONLINE 155 (2017).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Anastasia M. Boles, Seeking Inclusion from the Inside Out: Towards a Paradigm of Culturally Proficient Legal Education, 11 CHARLESTON L. REV. 209 (2017).

Marjorie A. Silver, The Uses and Abuses of Informal Procedures in Federal Civil Rights Enforcement, 55 GEO. WASH. L. REV. 482 (1987), was cited in, Stephen S. Worthington, Beacon or Bludgeon? Use of Regulatory Guidance by the Office for Civil Rights, 2017 B.Y.U. EDUC. & L.J. 161 (2017).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering, and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Heidi Frostestad Kuehl, Resources for Becoming Culturally Competent in A Multijurisdictional Practice: G20 Nations and Associated Legal Traditions, 44 INT'L J. LEGAL INFO. 83 (2016).

Dan Subotnik, Copulemus in Pace: A Meditation on Rape, Affirmative Consent to Sex, and Sexual Autonomy, 41 AKRON L. REV. 847 (2008), was cited in, Jonathan Witmer-Rich, Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, 49 TEX. TECH L. REV. 57 (2016).

Sol Wachtler, Judging the Ninth Amendment, 59 FORDHAM L. REV. 597 (1991), was cited in, Mitchell Gordon, Getting to the Bottom of the Ninth: Continuity, Discontinuity, and the Rights Retained by the People, 50 IND. L. REV. 421 (2017).