Faculty Accomplishments - October 2017

Harold Abramson (& Birgit Sambeth Glasner, Bill Marsh, Bennett G. Picker & Jerry Weiss), Are Legal Disputes Just About Money? Answers from Mediators on the Front Line, 35 ALTERNATIVES TO HIGH COST LITIG. 129 (Oct. 2017).

Ilene Cooper, Receipts and Releases: A Word to the Wise, N.Y.L.J. (Oct. 10, 2017).

Michael Lewyn, Robocar Risks, 46 REAL EST. L.J. 219 (Fall 2017).

Michael Lewyn, The “Geographically Constrained Cities” Fantasy, MARKET URBANISM (OCT. 22, 2017).

Michael Lewyn, What Do ‘Market Urbanism’ and New Urbanism Have in Common?, PUBLIC SQUARE (Oct. 30, 2017).

Ann Nowak, Discovering a Predictor of Reading Comprehension Difficulties, 30 THE SECOND DRAFT 2 (Fall 2017).

Thomas A. Schweitzer, Justice Scalia, Originalism and Textualism, 33 TOURO L. REV. 749 (2017).

Marjorie A. Silver, Teaching Transformation for Well-Being, BEST PRAC. FOR LEGAL EDUC. (Oct. 9, 2017).

Dan Subotnik, The Simple Meaning of Stop Signs: A Response to Professor William Nelson, 33 TOURO L. REV. 739 (2017).

Sol Wachtler, First Amendment Protection May Not Be Enough, N.Y.L.J. (Oct. 25, 2017).

Ann Nowak Free Money: Grant Writing for Law Professors, New England Consortium of Legal Writing Teachers Conference, UConn School of Law, Hartford, CT, Oct. 2017.

Marjorie A. Silver (& Dean Susan Brooks of Drexel Law School), co-presented, Transforming Legal Education: Exploring the Intersections among the Humanizing Legal Education Movement (HLE); the Project for Integrating Spirituality, Law, and Politics (PISLAP); and Therapeutic Jurisprudence (TJ), Topic Call, AALS Balance in Legal Education Section, Oct. 27, 2017.

Harry Ballan, was quoted in, Adina Genn, Touro Law to Host Displaced University of Puerto Rico Students, L.I. BUS. NEWS (Oct. 10, 2017).

Harry Ballan, was quoted in, In Jewish Houston, Touro Delivers its Women Power, JEWISH STAR (Oct. 18, 2017).

Harry Ballan, was quoted in, Candice Ferrette, Puerto Rican Law School Students 'So Grateful' to Touro, Donors, NEWSDAY (Oct. 17, 2017).

Jack Graves, was mentioned in, S.I. Strong, Legitimacy and International Arbitration: An Alternate View, KLUWER ARBITRATION BLOG (Oct. 04, 2017).

Richard Klein, was quoted in, Colleen Long & Jennifer Peltz, No Redo on Weinstein Groping Investigation Halted in 2015, WASH. POST (Oct. 10, 2017).

Michael Lewyn, was mentioned in, Robert Steuteville, Why Walkability Is Not a Luxury & The Death of New Urbanism Is Greatly Exaggerated, PUBLIC SQUARE (Sept. 28, 2017) & (Oct. 4, 2017).

Melissa Luckman, was quoted in, Maura McDermott, Hundreds of LI Homeowners Fighting Sandy 'Underpayments,' NEWSDAY (Oct. 23, 2017).

Harold Abramson (& Pat K. Chew), INTERNATIONAL CONFLICT RESOLUTION: CONSENSUAL ADR PROCESSES (1st ed. 2005), was cited in, Pat K. Chew, Opening the Red Door to Chinese Arbitrations: An Empirical Analysis of Cietac Cases 1990-2000, 22 HARV. NEGOT. L. REV. 241 (2017).

Desiree A. Kennedy, Marketing Goods, Marketing Images: The Impact of Advertising on Race, 32 ARIZ. ST. L.J. 615 (2000), was cited in,

Daphne O'Regan, Eying the Body: The Impact of Classical Rules for Demeanor Credibility, Bias, and the Need to Blind Legal Decision Makers, 37 PACE L. REV. 379 (2017).

Deseriee A. Kennedy, Consumer Discrimination: The Limitations of Federal Civil Rights Protection, 66 MO. L. REV. 275 (2001), was cited in, Whitney A. Brown, The Illegality of Sex Discrimination in Contracting, 32 BERKELEY J. GENDER L. & JUST. 137 (2017).

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

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, Andrea Laterza, "That's What She Said": An Evaluation of Whether Hearsay Exceptions Should Be Permitted in Accusatory Instruments, 33 TOURO L. REV. 1217 (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, Carley R. Kranstuber, Equality Is Not Enough: The Importance of the Due Process Clause in Redefining Consent to A Sexual Encounter, 45 CAP. U. L. REV. 765 (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, Tyler J. Buller, Fighting Rape Culture with Noncorroboration Instructions, 53 TULSA L. REV. 1 (2017).

Sidney Kwestel, The Business Records Exception to the Hearsay Rule—New is Not Necessarily Better, 64 MO. L. REV. 595 (1999), was cited in, 2017 Norton Bankr. L. Adviser 1 (Jan. 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, is in the top 10% of Authors on SSRN by all-time downloads.

Michael Lewyn, Character Counts: The “Character of the Government Action” in Regulatory Takings Actions, 40 SETON HALL L. REV. 597 (2010), was cited in, Stephen J. Lubben, 36 FUTURES & DERIVATIVES L. REP. 1 (Oct. 2016).

Michael Lewyn, New Urbanist Zoning for Dummies, 58 ALA. L. REV. 257 (2006), was cited in, Shelby D. Green, Zoning Neighborhoods for Resilience: Drivers, Tools and Impacts, 28 FORDHAM ENVTL. L. REV. 41 (2016).

Michael Lewyn, New Urbanist Zoning for Dummies, 58 ALA. L. REV. 257 (2006), was also cited in, Shelley Cavalieri, Linchpin Approaches to Salvaging Neighborhoods in the Legacy Cities of the Midwest, 92 CHI.-KENT L. REV. 475 (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); Michael Lewyn, What Would Coase Do?, 22 FORDHAM ENVTL. L. REV. 89 (2010); and

Michael Lewyn, Zoning and Land Use Planning, 43 REAL EST. L.J. 344 (2014), were cited in, Andrea J. Boyack, Side by Side: Revitalizing Urban Cores and Ensuring Residential Diversity, 92 CHI.-KENT L. REV. 435 (2017).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 MO. L. REV. 493 (2010), was cited in, Stephen J. Choi, Mitu Gulati & Robert E. Scott, The Black Hole Problem in Commercial Boilerplate, 67 DUKE L.J. 1 (2017).

Jeffrey B. Morris, LEADERSHIP ON THE FEDERAL BENCH: THE CRAFT AND ACTIVISM OF JACK WEINSTEIN (2011), was cited in, Paul D. Rheingold, Mass Torts-Maturation of Law and Practice, 37 PACE L. REV. 617 (2017).

Jeffrey B. Morris, FEDERAL JUSTICE IN THE SECOND CIRCUIT (1987), was cited in, John Fabian Witt, Adjudication in the Age of Disagreement, 86 FORDHAM L. REV. 149 (2017).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2016), was cited in, William C. Mumby, Trust in Local Government: How States' Legal Obligations to Protect Water Resources Can Support Local Efforts to Restrict Fracking, 44 ECOLOGY L.Q. 195 (2017).

Patricia E. Salkin, NY ZONING LAW & PRAC. (2017), was cited in, Andrea McArdle, Local Green Initiatives: What Local Governance Can Contribute to Environmental Defenses Against the Onslaughts of Climate Change, 28 FORDHAM ENVTL. L. REV. 102 (2016).

Patricia E. Salkin, Municipal Regulation of Formula Businesses: Creating and Protecting Communities, 58 CASE W. RES. L. REV. 1251 (2008), was cited in, Eric Biber, Sarah E. Light, J.B. Ruhl, & James Salzman, Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb, 70 VAND. L. REV. 1561 (2017).

Patricia E. Salkin (& Morton Gitelman & John R. Nolon), Land Use and Community Development 17 (7th ed. 2008), was cited in, Blake Hudson, The Natural Capital Crisis in Southern U.S. Cities, 92 CHI.-KENT L. REV. 529 (2017).

Patricia E. Salkin, Can You Hear Me Up There? Giving Voice to Local Communities Imperative for Achieving Sustainability, 4 ENVTL. ENERGY L. & POL’Y J. 256 (2009), was cited in, Mila Buckner, The Coastal Zone Management Act's Capacity to Spearhead Coastal Adaptation, 22 HASTINGS W.-N.W. J. ENVTL. L. & POL'Y 39 (2016).

Martin A. Schwartz (& Karen Blum, Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013) & Martin A. Schwartz, SECTION 1983 LITIGATION (2014), were cited in, Joanna C. Schwartz, How Qualified Immunity Fails, 127 YALE L.J. 2 (2017).

Marjorie A. Silver, THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION (2007), was cited in, Peter H. Huang, Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, and Leadership?, 55 HOUS. L. REV. 63 (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, Nicole Tortoriello, Dismantling Disparities: An Analysis of Potential Solutions to Racial Disparities in New York City's Specialized High Schools Admissions Process, 49 COLUM. J.L. & SOC. PROBS. 417 (2016).

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