Faculty Accomplishments - August 2017

Ilene Sherwyn Cooper, Trusts and Estates Update: Variety Fare: Counsel Disqualification, Directed Accounting, Sua Sponte Review, N.Y.L.J., Aug. 14, 2017, at 3.

Samuel J. Levine, Recent Applications of the Supreme Court’s Hands-Off Approach to Religious Doctrine: From Hosanna-Tabor and Holt to Hobby Lobby and Zubik, in LAW, RELIGION, AND HEALTH IN THE UNITED STATES (Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper, eds., Cambridge University Press, 2017).

Martin A. Schwartz (& Brian Meltzer & Matthew J. Leeds), Time to Rehab the Aging Condominium Concept: Fixing Problems Uncovered by the Great Recession, 33 PRAC. REAL EST. LAW. 37 (Sept. 2017).

Dan Subotnik, A Law Professor Asks: Should I Retire?, TAXPROFBLOG (Aug. 17, 2017).

Sol Wachtler, Be Careful What You Wish For, N.Y.L.J., Sept. 1, 2017, at 6.

Michael Lewyn, was awarded tenure, Aug. 2017.

Samuel J. Levine, presented, Death Penalty Debate, Goldman v. Weinberger and Tragic Choices in the Holocaust & Lost in Translation, National Jewish Retreat, Palm Desert, Cal., Aug. 10, 11 & 13, 2017.

Jorge R. Roig, presented, Workshop on Business Law: Supreme Court Update, SEALS Annual Conference, Boca Raton, Fla. July 31, 2017.

Marjorie A. Silver, moderated, Transforming Justice, Lawyers, and the Practice of the Law (Professional Practice, transitional and non-transitional CLE), The James F. Henry Speaker Series (CPR Institute), New York Law School, NY, Sept. 6, 2017.

Melissa Luckman, was interviewed in, Five Years Later, Lawyers Still Handling Hurricane Sandy Cases, N.Y.L.J., Sept. 5, 2017, at 1.

Ken Rosenblum, was interviewed in, Veterans Treatment Courts are a “Game Changer” and Easy to Implement, Judges Say, A.B.A. NEWS, Aug. 15, 2017.

Marjorie A. Silver, was interviewed in, Laura LaVelle, Transforming Justice – An Interview with Law Professor Marjorie Silver, NEWSWHISTLE, Aug. 3, 2017.

Hal Abramson (& Janet Martinez), Workshop on Conciliation Process at UNCITRAL (Feb. 2016), was cited in, S.I. Strong, Clash of Cultures: Epistemic Communities, Negotiation Theory, and International Lawmaking, 50 AKRON L. REV. 495 (2016).

Hal Abramson, MEDIATION REPRESENTATION: ADVOCATING IN A PROBLEM-SOLVING PROCESS (2004), was cited in, Irene Scharf & Vanessa Merton, "Your Mission, Should You Choose To Accept It ...":Taking Law School Mission Statements Seriously, 56 WASHBURN L.J. 289 (2017).

Rodger Citron, Walden v. Fiore: The Supreme Court Turns to Personal Jurisdiction Issues, JUSTIA (Dec. 9, 2013), was cited in, Elma Delic, Cloudy Jurisdiction: Foggy Skies in Traditional Jurisdiction Create Unclear Legal Standards for Cloud Computing and Technology, 50 SUFFOLK U. L. REV. 471 (2017).

Daniel H. Derby (& M. Cherif Bassiouni), Final Report on the Establishment of an International Criminal Court for the Implementation of the Apartheid Convention and Other Relevant International Instruments, 9 HOFSTRA L. REV. 523 (1980-1981), was cited in, M. Cherif Bassiouni, Codification of International Criminal Law, 45 DENV. J. INT'L L. & POL'Y 333 (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, John D. King, The Public Defender As International Transplant, 38 U. PA. J. INT'L L. 831 (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, Meredith J. Duncan, "Lucky" Adnan Syed Comprehensive Changes to Improve Criminal Defense Lawyering and Better Protect Defendants' Sixth Amendment Rights, 82 BROOK. L. REV. 1651 (2017).

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

Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), was cited in, Sam Bray, Translating Genesis: Concluding Thoughts on Legal Interpretation and Biblical Translation, THE VOLOKH CONSPIRACY (Aug. 11, 2017).

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, Nancy J. Moore, The Future of Law as a Profession, 20 CHAP. L. REV. 255 (2017).

Samuel J. Levine, Capital Punishment and Religious Arguments: An Intermediate Approach, 9 WM. & MARY BILL RTS. J. 179 (2000), was cited 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 (2017).

Samuel J. Levine, Halacha and Aggada: Translating Robert Cover’s Nomos and Narrative, 1998 UTAH L. REV. 465 (1998), was cited in, Laura Ellen Pisoni, “My Children Have Defeated Me! My Children Have Defeated Me!”: Halakhah and Aggadah in Conservative/Masorti

Decision-Making, (2017) (M.A. thesis, Duke University).

Samuel J. Levine, was in the top 10% of Authors on SSRN by all-time downloads.

Jeffrey B. Morris, CALMLY TO POISE THE SCALES OF JUSTICE: A HISTORY OF THE COURTS OF THE DISTRICT OF COLUMBIA CIRCUIT (2001), was cited in, Diarmuid O'Scannlain, Rebooting the Ninth Circuit: Why Technology Cannot Solve Its Problems, Senate Judiciary Subcommittee on Privacy, Technology and the Law Hearing (Aug. 24, 2017).

Patricia E. Salkin, Environmental Justice and Land Use Planning and Zoning, 32 REAL EST. L.J. 429 (2003), was cited in, Ann M. Eisenberg, Do Sagebrush Rebels Have a Colorable Claim? The Space between Parochialism and Exclusion in Federal Lands Management, 38 PUB. LAND & RESOURCES L. REV. 57 (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, Jazz M. Tomassetti, We're All in This Together: A Fair Share Approach to Renewable Energy, 32 J. LAND USE & ENVTL. L. 193 (2016).

Patricia E. Salkin, Learning from Experience: An Introduction to the Journal of Experiential Learning, 1 J. EXPERIENTIAL LEARNING vii, xv (2015), was cited in, Jamie R. Abrams, Experiential Learning and Assessment in the Era of Donald Trump, 55 DUQ. L. REV. 75 (2017).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2014), was cited in, Dennis A. Kerbel, Zoning and the Complicated Reliance on Restrictive Covenants, 12 FIU L. REV. 263 (2017).

Martin A. Schwartz (& John Nicodemo), Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases, 28 TOURO L. REV. 55 (2012), was cited in, Demetria D. Frank, The Proof Is in the Prejudice: Implicit Racial Bias, Uncharged Act Evidence & the Colorblind Courtroom, 32 HARV. J. RACIAL & ETHNIC JUST. 1 (2016).

Martin A. Schwartz, Fundamentals of Section 1983 Litigation, 17 TOURO L. REV. 525 (2001) & 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, Jackson D. Wagner, Stop and Exploit: What Remains of the Constitutional Right Against Unreasonable Searches and Seizures After Strieff [Utah v. Strieff, 136 S. Ct. 2056 (2016)], 56 WASHBURN L.J. 383 (2017).

Thomas A. Schweitzer, "Academic Challenge" Cases: Should Judicial Review Extend to Academic Evaluations of Students?, 41 AM. U. L. REV. 267 (1992), was cited in, Shaundra K. Lewis Crossfire on Compulsory Campus Carry Laws: When the First and Second Amendments Collide, 201 IOWA L. REV. 2140 (2017).

Marjorie A. Silver, Emotional Intelligence and Legal Education, 5 PSYCHOL. PUB. POL'Y & L. 1173 (1999), Robert Rubinson, indigency, Secrecy, and Questions of Quality: Minimizing the Risk of "Bad" Mediation for Low-Income Litigants, 100 MARQ. L. REV. 1353 (2017).

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999), was cited in, Evan R. Seamone, LL.M., J.D., M.P.P., In the Trenches of Legal Academia: Recognizing and Responding to the Mental Health Needs of Law Students Who Have Served in the Nation's Armed Forces, 46 J.L. & EDUC. 313 (2017).