Faculty Accomplishments - May 2017

Michael Lewyn, The Middle Class, Urban Schools, and Choice, 4 BELMONT L. REV. 85 (2017).

Michael Lewyn, The Criminalization of Walking, U. Ill. L. Rev. (2017).

Marjorie Silver, TRANSFORMING JUSTICE, LAWYERS, AND THE PRACTICE OF LAW (Carolina Academic Press, 2017).

Dan Subotnik, Assaulting the Facts, ACAD. QUESTIONS (May 2017).

Dan Subotnik, Seeing Race on the Bar Exam, LAWPROF BLOG (May 15, 2017), http://lawprofessors.typepad.com/education_law/2017/05/seeing-race-on-the-bar-exam-by-dan-subotnik.html

Sol Wachtler, Trump, Religion and the Law, N.Y.L.J., May, 22, 2017, at 6, col. 4.

Richard Klein, was quoted in, Andrew Smith, Suffolk DA's Office Struggled to Comply with Key Legal Rule, NEWSDAY, 5/15/17, at 4.

Samuel J. Levine, presented a lecture on Goldman v. Weinberger at Lander College for Men in Queens, NY, on May 9, 2017.

Fabio Arcila, Jr., Discoverymania: Plausibility Pleading as Misprescription, 80 BROOK. L. REV. 1487 (2015), was cited in, Amir Shachmurove, Policing Boilerplate: Reckoning and Reforming Rule 34's Popular-Yet Problematic-Construction, 37 N. ILL. U. L. REV. 203 (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, Andy Hagerman, Sniffing for Answers: Florida v. Jardines, Drug-Detecting Canines, and the Case for A Normative Approach to Fourth Amendment Activity for Sense-Enhancing Devices, 55 U. LOUISVILLE L. REV. 203 (2017).

Rodger Citron (& Brandt Goldstein & Molly Beutz Land), A DOCUMENTARY COMPANION TO STORMING THE COURT (2009), was cited in, Harold Hongju Koh, The Enduring Legacies of the Haitian Refugee Litigation, 61 N.Y.L. SCH. L. REV. 31 (2017).

Rodger Citron (& Brandt Goldstein & Molly Beutz Land), A DOCUMENTARY COMPANION TO STORMING THE COURT (2009), was cited in, Brandt Goldstein, Introduction, 61 N.Y.L. SCH. L. REV. 11 (2017).

Rodger Citron (& Brandt Goldstein & Molly Beutz Land), A DOCUMENTARY COMPANION TO STORMING THE COURT (2009), was cited in, Raymond H. Brescia, Through A Glass, Clearly; Reflections on Team Lawyering, Clinically Taught, 61 N.Y.L. SCH. L. REV. 87 (2017).

Suzanne Darrow-Kleinhaus, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Richard Klein, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Michael E. Lewyn, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Michael E. Lewyn, The Courts v. the Cities, 25 URB. LAW. 453 (1993), was cited in, Steven L. Nelson, Still Serving Two Masters? Evaluating the Conflict Between School Choice and Desegregation Under the Lens of Critical Race Theory, 26 B.U. PUB. INT. L.J. 43 (2017).

Michael Lewyn, The Puzzling Persistence of Horizontal Privity, 27 Prob. & Prop. 32 (May/June 2013), was cited in, Gary B. Conine & Alex Ritchie, ROCKY MOUNTAIN MINERAL LAW FOUNDATION PROC (2016).

Michael Lewyn, The Criminalization of Walking, U. ILL. L. REV. (2017), was reviewed in, Scott Doyon, The (Irrational) Criminalization of Walking, PLACESHAKERS (May, 16, 2017), http://www.placemakers.com/2017/05/16/the-irrational-criminalization-of-walking/

Samuel J. Levine, was in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Samuel J. Levine, was in the top 10% of Authors on SSRN by downloads this month.

Samuel J. Levine, The Potential Utility of Disciplinary Regulation as a Remedy for Abuses of Prosecutorial Discretion, 12 DUKE J. CONST. L. & PUB. POL'Y 1 (2016) & Samuel J. Levine (& 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), were cited in, Cynthia Alkon, Hard Bargaining in Plea Bargaining: When Do Prosecutors Cross the Line?, 17 Nev. L.J. 401 (2017).

Samuel J. Levine, Capital Punishment and Religious Arguments: An Intermediate Approach, 9 WM. & MARY BILL RTS. J. 179 (2000), was cited and quoted in, Cornelius V. Loughery, California Propositions 62 & 66 as Misguided Models for the Capital Punishment Debate: The Argument for the Inclusion of Catholic Social Teaching and Other Religious Denominations in the Discussion and a Proposed Solution, 43 J. LEGIS. 264 (2016).

Samuel J. Levine, Untold Stories of Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity, 66 AIR FORCE L. REV. 205 (2010), was cited and quoted, Rachel Kaseff, Senior Thesis-- A Religious America: An In-Depth Look at the Free Exercise Clause, Goucher College Religion Department (2017).

Samuel J. Levine, The Broad Life of the Jewish Lawyer: Integrating Spirituality, Scholarship and Profession, 27 TEX. TECH. L. REV. 1199 (1996), was cited in, Russell G. Pearce, Adam B. Winer & Emily Jenab, A Challenge to Bleached out Professional Identity: How Jewish was Justice Louis D. Brandeis?, 33 TOURO L. REV. 259 (2017).

Samuel J. Levine, 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, Judith A. McMorrow, Moving from a Brandeis Brief to a Brandeis Law Firm: Challenges and Opportunities for Holistic Legal Services in the United States, 33 TOURO L. REV. 335 (2017).

Meredith R. Miller, The New York Limited Liability Company Law at Twenty: Past, Present & Future, 31 Touro L. Rev. 403 (2015), was cited in, Roxanne Makoff, Judicial Dissolution Under New York's Limited Liability Company Law: Should Breaking Up Be This Hard to Do?, 38 CARDOZO L. REV. 1541 (2017).

Patricia E. Salkin, The Quiet Revolution and Federalism: Into the Future, 45 J. MARSHALL L. REV. 253 (2012) & Patricia E. Salkin (& Amy Lavine), The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, 40 URB. LAW. 195 (2008), were cited in, Michael C. Pollack, Land Use Federalism's False Choice, 68 ALA. L. REV. 707 (2017).

Patricia E. Salkin, The Quiet Revolution and Land Use, 45 J. MARSHALL L. REV. 253 (2012) & Supersizing Small Town America: Using Regionalism to Right-Size Big Box Retail, 6 Vt. J. Envtl. L. 48 (2005), were cited in, Blake Hudson, Relative Administrability, Conservatives, and Environmental Regulatory Reform, 68 FLA. L. REV. 1661 (2016).

Patricia E. Salkin (& Amy Lavine), Understanding Community Benefits Agreements: Equitable Development, Social Justice and Other Considerations for Developers, Municipalities and Community Organizations, 26 UCLA J. ENVTL. L. & POL'Y 291 (2008), was cited in, Bryon Eagon, Tif-for-Tax: Upholding Tif's Original Purpose and Maximizing Its Use As A Catalyst for Community Economic Development, 2017 WIS. L. REV. 179 (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, K.K. DuVivier & Thomas Witt, Nimby to Nope - Or Yess?, 38 CARDOZO L. REV. 1453 (2017).

Martin A. Schwartz, Should Juries be Informed that Municipality Will Indemnify Officer's § 1983 Liability for Constitutional Wrongdoing, 86 IOWA L. REV. 1209 (2001), was cited in, Allyssa Villanueva, Police Terror and Officer Indemnification, 13 HASTINGS RACE & POVERTY L. J. 201 (2016).

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

Thomas A. Schweitzer (Russell L. Weaver), Deference to Agency Interpretations of Regulations: A Post-Chevron Assessment, 22 MEM. ST.

U. L. REV. 411 (1992), was cited in, Kevin O. Leske, A Rock Unturned: Justice Scalia's (Unfinished) Crusade against the Seminole Rock Deference Doctrine, 69 ADMIN. L. REV. 1 (2017).

Marjorie Silver, TRANSFORMING JUSTICE, LAWYERS, AND THE PRACTICE OF LAW (Carolina Academic Press, 2017), was reviewed in The Conscious Lawyer, May 2017, at 41.

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/client Relationship, 6 CLINICAL L. REV. 259 (1999), was cited in, Jonel Newman & Donald Nicolson, A Tale of Two Clinics: Similarities and Differences in Evidence of the "Clinic Effect" on the Development of Law Students' Ethical and Altruistic Professional Identities, 35 BUFF. PUB. INT. L.J. 1 (2017).

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, The Immorality of Requesting Expedited Review, 21 LEWIS & CLARK L. REV. 211 (2017).

Dan Subotnik & Laura Ross, Scholarly Incentives, Scholarship, Article Selection Bias, and Investment Strategies for Today's Law Schools, 30 TOURO L. REV. 615 (2014), was cited in, Jonathan F. Will, Finding Purpose: Perspective from A "Non-Elite" Journal, 33 TOURO L. REV. 431 (2017).