Faculty Accomplishments - June 2017

Ilene Cooper, Duress as an Objection To Probate, N.Y.L.J., June 12, 2017, at 3, col.1.

Samuel J. Levine, Introduction to DAVID HOLLANDER, LEGAL SCHOLARSHIP IN JEWISH LAW (William S. Hein & Co., Inc. 2017).

Michael Lewyn, The Environmentalist Case for Sprawl – And Why it Fails, 46 REAL EST. L.J. 92 (Summer 2017).

Sol Wachtler, An Unfair Stigma for Vets with PTSD, NEWSDAY, June 19, 2017.

Lynne Kramer, won the 2017 Presidential Faculty Award for Excellence in Teaching (1 of 3 college-wide), Touro College, June 14, 2017.

Melissa H. Luckman, was quoted in news release regarding bill introduced by U.S. Senator Bob Menendez, to extend the National Flood Insurance Program for six years while instituting a series of sweeping reforms to address the waste, abuse and mismanagement plaguing the system that led to delayed recovery for Sandy survivors. (June 14, 2017).

Richard Klein, was quoted in, Thomas MacMillan, How the Psychological Toll of Isolation Might Be Affecting Bill Cosby Jurors, N.Y. MAG., June 15, 2017.

Joan Foley, presented, Increasing Student Engagement Through Reciprocal Peer Learning, Sixth Empire State Legal Writing Conference, New York Law School, May 19, 2017.

Samuel J. Levine, presented Disciplinary Review of Prosecutorial Discretion and the Nature of Ethics Rules & moderated a panel on The Judicial Role, Criminal Justice Ethics Schmooze, New York Law School, June 8, 2017.

Ann Nowak, presented, Increasing Student Engagement Through Reciprocal Peer Learning & served on the Empire State Program Committee, Sixth Empire State Legal Writing Conference, New York Law School, May 19, 2017.

Lawrence Raful, panelist, Ethics 2017: Legal Ethics in the Real World, NY State Bar CLE, June 7, 2017.

Harold I. Abramson, Protocols for International Arbitrators Who Dare to Settle Cases, 10 AM. REV. INT'L ARB. 1 (1999), was cited in, Klaus Peter Berger & J. Ole Jensen, The Arbitrator's Mandate to Facilitate Settlement, 40 FORDHAM INT'L L.J. 887 (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, Laura DeGeer, Cell Site Simulators: A Call for More Protective Federal Legislation, 78 U. PITT. L. REV. 351 (2017).

Fabio Arcila Jr., Plausibility Pleading as Misprescription, 80 BROOK. L. REV. 1487 (2015), was cited in, Victor D. Quintanilla, Human-Centered Civil Justice Design, 121 PENN ST. L. REV. 745 (2017).

Jack M. Graves, Arbitration as Contract: The Need for a Fully Developed and Comprehensive Set of Statutory Default Legal Rules, 2 WM. & MARY BUS. L. REV. 227 (2011), was cited in, Matthew J. Stanford, Odd Man Out: A Comparative Critique of the Federal Arbitration Act's Article III Shortcomings, 105 CALIF. L. REV. 929 (2017).

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, Bennett Capers, Rape, Truth, and Hearsay, 40 HARV. J. L. & GENDER 183 (2017).

Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 HOFSTRA L. REV. 1349 (2004), was cited in, Nirej Sekhon, Mass Suppression: Aggregation and the Fourth Amendment, 51 GA. L. REV. 429 (2017).

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

Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465 (1998), was cited in, Charles David Hanna, "Tales of the Hasidim": Martin Buber's Universal Vision of Ecstatic Joy and Spiritual Wholeness (March 2017) (M.A. thesis, University of Oregon).

Samuel J. Levine, many articles were cited and annotated throughout, David Hollander, LEGAL SCHOLARSHIP IN JEWISH LAW (William S. Hein & Co., Inc. 2017).

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.

Michael Lewyn, The (Somewhat) False Hope of Comprehensive Planning, 37 U. HAW. L. REV. 39 (2015), was cited in, Matthew J. Parlow, Healthy Zoning, 44 FORDHAM URB. L.J. 33 (2017).

Michael Lewyn (& Judd Schechtman), No Parking Anytime: The Legality and Wisdom of Maximum Parking and Minimum Density Requirements, 54 WASHBURN L.J. 285 (2015), was cited in, Steven J. Eagle, "Affordable Housing” as Metaphor, 44 FORDHAM URB. L.J. 301 (2017).

Michael Lewyn, The (Somewhat) False Hope of Comprehensive Planning, 37 U. HAW. L. REV. 39 (2015); Michael Lewyn, You Can Have It All: Less Sprawl and Property Rights Too, 80 TEMP. L. REV. 1093 (2007); Michael Lewyn, Suburban Sprawl, Jewish Law, and Jewish Values, 13 SE. ENVTL. L.J. 1 (2004) & Michael Lewyn, Sprawl in Canada and the United States, 44 URB. LAW. 85 (2012), were cited in, Andrea J. Boyack, Limiting the Collective Right to Exclude, 44 FORDHAM URB. L.J. 451 (2017).

Jeffrey Morris, Interview with Wilfred Feinberg, Judge, U.S. Court of Appeals for the Second Circuit 252 (Dec. 20, 1996) (transcript on file with Columbia University, Rare Book & Manuscript Library, Wilfred Feinberg Collection, Box 205), was cited in, Katie R. Eyer, Protected Class Rational Basis Review, 95 N.C. L. REV. 975 (2017).

Meredith Miller, Corporate Codes of Conduct and Working Conditions in the Global Supply Chain - Accountability through Transparency in Private Ordering, in THE BUSINESS AND HUMAN RIGHTS LANDSCAPE - MOVING FORWARD, LOOKING BACK (Jena Martin & Karen E. Bravo eds., 2016), was cited in, Panagiotis Delimatsis, The Future of Transnational Self-Regulation - Enforcement and Compliance in Professional Services, 40 HASTINGS INT'L & COMP. L. REV. (2017).

Jeffrey B. Morris, Jack B. Weinstein: Judicial Entrepreneur, 69 U. MIAMI L. REV. 393 (2015), was cited in, Loren D. Goodman, For What It's Worth: The Role of Race-and Gender-Based Data in Civil Damages Awards, 70 VAND. L. REV. 1353 (2017).

Tracy L. McGaugh (Norton), Generation X in Law School: The Dying of the Light or the Dawn of a New Day, 9 J. LEGAL WRITING INST. 119 (2003), was cited in, Patricia Grande Montana, Bridging the Reading Gap in the Law School Classroom, 45 CAP. U. L. REV. 433 (2017).

Deborah W. Post, Cultural Inversion and the One-Drop Rule: An Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence, 72 ALB. L. REV. 909 (2010), was cited in, From Loving v. Virginia To Barack Obama: The Symbolic Tie That Binds, 50 CREIGHTON L. REV. 641 (2017).

Patricia E. Salkin (& Amy Lavine), Community Benefits Agreements And Comprehensive Planning: Balancing Community Empowerment And The Police Power, 18 J.L. & POL'Y 157 (2009) & 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) & Patricia E. Salkin, Understanding Community Benefit Agreements: Opportunities And Traps For Developers, Municipalities And Community Organizations, SN005 ALI-ABA 1407 (2007), were cited in, Charlotte Clarke, Community Benefits Agreements: To the Extent Possible, 6 U. BALT. J. LAND & DEV. 33 (2016).

Patricia E. Salkin & Zachary Kansler, Medical Marijuana Meets Zoning: Can You Grow, Sell, and Smoke That Here?, 62 PLAN. & ENVTL. L. 4 (2010) & Patricia E. Salkin, Squaring the Circle on Sprawl: What More Can We Do? Progress Toward Sustainable Land Use in the States, 16 Widener L.J. 787 (2007) & Patricia E. Salkin (& Amy Lavine), Regional Foodsheds: Are Our Local Zoning and Land Use Regulations Healthy?, 22 FORDHAM ENVTL. L. REV. 599 (2011), were cited in, Matthew J. Parlow, Healthy Zoning, 44 FORDHAM URB. L.J. 33 (2017).

Patricia Salkin (& Keith H. Hirokawa), Can Urban University Expansion and Sustainable Development Co-Exist?: A Case Study in Progress on Columbia, 37 FORDHAM URB. L.J. 637 (2010), was cited in, Raymond H. Brescia, Law and Social Innovation: Lawyering in the Conceptual Age, 80 ALB. L. REV. 235 (2017).

Patricia Salkin (& Keith H. Hirokawa), Can Urban University Expansion and Sustainable Development Co-Exist?: A Case Study in Progress on Columbia, 37 FORDHAM URB. L.J. 637 (2010), was also cited in, Steven J. Eagle, "Affordable Housing" As Metaphor, 44 Fordham Urb. L.J. 301 (2017).

Patricia E. Salkin, NEW YORK ZONING LAW AND PRACTICE (4th ed. 2016), was cited in, Steven Ferrey, Gone with the Wind: State Preemptive Power, 79 ALB. L. REV. 1479 (2016).

Patricia E. Salkin, Sustainability and Land Use Planning: Greening State and Local Land Use Plans and Regulations to Address Climate Change Challenges and Preserve Resources for Future Generations, 34 WM. & MARY ENVTL. L. & POL'Y REV. 121 (2009) & Patricia E. Salkin, Implementation of the APA Growing Smart Legislative Guidebook: Beginning to Benchmark Success, 33 Real Est. L.J. 339 (2004), were cited in, Thomas D. Beamish et. al., Climate Change and Legitimate Governance Land Use and Transportation Law and Policy in California, 82 Brook. L. Rev. 725 (2017).

Patricia E. Salkin (& Ellen Suni, Niels Schaumann, & Mary Lu Bilek), Law School Based Incubators and Access to Justice - Perspectives from Deans, 1 J. OF EXPERIENTIAL LEARNING 202 (2015), was cited in, Deborah Weimer, Deepening Lawyer Role Education to Serve Students and Society, 40 HASTINGS INT'L & COMP. L. REV. 255 (2017).

Patricia E. Salkin, "Municipal Ethics Check for the Land-Use Lawyer," 20 STATE & LOCAL LAW NEWS 1 (Summer 1997), was cited in, Joseph Z. Fleming, CY016 ALI-ABA 1059 (2017).

Martin A. Schwartz (& Kathryn R. Urbonya), SECTION 1983 LITIGATION (3d ed. 2008) & Martin A. Schwartz (& Karen Blum, Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), were cited in, Paul Savoy, Reopening Ferguson and Rethinking Civil Rights Prosecutions, 41 N.Y.U. REV. L. & SOC. CHANGE 277 (2017).

Martin A. Schwartz (& Karen Blum, Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was also cited in, Nicholas T. Davis & Philip B. Davis, Qualified Immunity and Excessive Force: A Greater or Lesser Role for Juries?, 47 N.M. L. REV. 291 (2017).

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

Sol Wachtler, Judicial Lawmaking, 65 N.Y.U. L. REV. 1 (1990), was cited in, Geoffrey Andreu, Responsibly Irresponsible?: An Analysis of the Medically Noncompliant Offender's Federal Insanity Defense, 2017 CARDOZO L. REV. DE NOVO 33 (2017).

Peter Zablotsky, From a Whimper to a Bang: The Trend Toward Finding Occurrence Based Statutes of Limitations Governing Negligent Misdiagnosis of Diseases with Long Latency Periods Unconstitutional, 103 DICK. L. REV. 455 (1998), was cited in, Ben Rosichan, Forty-Eight States Are Probably Not Wrong: An Argument for Modernizing Georgia's Legal Malpractice Statute of Limitations, 33 GA. ST. U. L. REV. 805 (2017).