Faculty Accomplishments - January 2018

Ilene S. Cooper, Closing Bell: Three Year-End Decisions from the Surrogate's Courts, N.Y.L.J. (Feb. 5, 2018).

Michael Lewyn, Why Is Transit Ridership Declining?, PLANETZEN (Jan. 16, 2018).

Michael Lewyn, New Report on SROs, MARKET URBANISM (Feb. 20, 2018).

Michael Lewyn, The Absence of Gentrification Causes Displacement, MARKET URBANISM (Feb. 19, 2018).

Michael Lewyn, Mini Review: Suburb, by Royce Hanson, MARKET URBANISM (Jan. 17, 2018).

Martin A. Schwartz, Admissibility of Expert Testimony on Police Use of Force, N.Y.L.J. (Dec. 19, 2017).

Harold Abramson, presented, Nelson Mandela as Negotiator: What Can We Learn from Him?, QU-Yale Dispute Resolution Speaker Series, Yale Law School, New Haven, CT, Nov. 17, 2017.

Lawrence Raful, drafted questions and judged, Are You Smarter than a 2L?, Suffolk County Bar Assoc. Ethics CLE, Hauppauge, NY, Jan. 18, 2018.

Marjorie A. Silver, co-presented, Diversity, Inclusion, and Implicit Bias, CLE for field placement externship supervisors, New York Area Consortium for Externships (NYACE), Brooklyn Law School, Brooklyn, NY, Jan. 9, 2018.

Marjorie A. Silver, participated in, Holloran Center's Second Annual Working Group Gathering, St. Thomas University School of Law, Minneapolis, Minn., Feb. 16-17, 2018.

Joan Foley, was elected to the Executive Committee of the Association of American Law Schools' Aging and the Law Section.

Harry Ballan, was quoted in, Adina Genn, Touro Law to Launch 'FlexTime J.D. Program', LI BUS. NEWS (Jan. 17, 2018).

Laura Dooley, was interviewed (re: issue of defense attorneys objecting to juror pool in Kansas trial not being “conservative” enough) in, Yemen's Cost of War & Dow Jones Record-Breaker (Episode 266), VICE NEWS TONIGHT (Jan. 5, 2018).

Jack Graves, was quoted in, Karen Sloan, Touro Law Offers New York's First Hybrid JD, N.Y.L.J. (Jan. 17, 2018).

Jack Graves, was quoted in, Karen Sloan, ABA Set to Loosen Restrictions on Online Law Classes, N.Y.L.J. (Feb. 14, 2018).

Jack Graves, was quoted in, Adina Genn, Touro Law to Launch 'FlexTime J.D. Program', L.I. BUS. NEWS (Jan. 17, 2018).

Ken Rosenblum, was quoted in, Martin C. Evans, Recent Moves Seek to Make It Easier for Veterans to Get Help, NEWSDAY (Jan. 28, 2018).

Hal Abramson, Nelson Mandela as Negotiator: What Can We Learn from Him?, 31 OHIO ST. J. ON DISP. RESOL. 19 (2016), was cited in, Nancy H. Rogers, One Idea for Ameliorating Polarization: Reviving Conversations about an American Spirit, 2018 J. DISP. RESOL. 27 (2018).

Fabio Arcila, Jr., The Future of Scholarship in Law Schools, 31 TOURO L. REV. 15 (2014), was cited in, Jeremiah A. Ho, Law as Instrumentality, 101 MARQ. L. REV. 131 (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, Margaret Hu, Orwell's 1984 and A Fourth Amendment Cybersurveillance Nonintrusion Test, 92 WASH. L. REV. 1819 (2017).

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, State v. Queen, 2018 La. App. LEXIS 7.

Eileen Kaufman (Andi Curcio & Carol Chomsky), A Better Bar Exam - Look to Upper Canada, LAW SCHOOL CAFÉ (July 25, 2017), https://www.lawschoolcafe.org/2017/07/25/a-better-bar-exam-look-to-upper-canada/, was cited in, Joan W. Howarth, The Case for A Uniform Cut Score, 42 J. LEGAL PROF. 69 (2017).

Suzanne Darrow-Kleinhaus, A Response to the Society of American Law Teachers Statement on the Bar Exam, 54 J. LEGAL EDUC. 442 (2004), was cited in, Sabrina DeFabritiis, 1L is the New Bar Prep, 51 CREIGHTON L. REV. 37 (2017).

Suzanne Darrow-Kleinhaus, A Reply to the National Conference of Bar Examiners: More Talk, No Answers, so Keep on Shopping (2017), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2943516, was cited in, William Wesley Patton, A Blueprint for A Fairer ABA Standard for Judging Law Graduates' Competence: How A Standard Based on Students' Scores in Relation to the National Mean MBE Score Properly Balances Consumer Safety with Increased Diversity, 24 WASH. & LEE J. CIVIL RTS. & SOC. JUST. 3 (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, Sarah Gerwig-Moore, Remedial Reading: Evaluating Federal Courts' Application of the Prejudice Standard in Capital Sentences from "Weighing" and "Non-Weighing" States, 20 U. PA. J. CONST. L. ONLINE 1 (2018).

Richard Klein, The Relationship of the Court and Defense Counsel: The Impact on Competent Representation and Proposals for Reform, 29 B.C. L. REV. 531 (1988), was cited (as the opening quote) in, Keith Swisher, Surveying Justice, 46 HOFSTRA L. REV. 275 (2017).

Richard Klein, Judicial Misconduct in Criminal Cases: It's Not Just the Counsel Who May Be Ineffective and Unprofessional, 4 OHIO ST. J. CRIM. L. 195 (2006) & 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, Steven Zeidman, Eradicating Assembly-Line Justice: An Opportunity Lost by the Revised American Bar Association Criminal Justice Standards, 46 HOFSTRA L. REV. 293 (2017).

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

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

Samuel J. Levine, An Introduction to Legislation in Jewish Law, with References to the American Legal System, 29 SETON HALL L. REV. 916 (1999) & Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465 (1998), were cited in, Shlomo C. Pill, Leveraging Legal Indeterminacy: The Rule of Law in Jewish Jurisprudence, 33 J. JURIS 221 (2017).

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) & 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), were cited in, Darryl Brown, The Judicial Role in Criminal Charging and Plea Bargaining, 46 HOFSTRA L. REV. 63 (2017).

Samuel J. Levine, An Introduction to Self-incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis, 28 LOY. L.A. INT'L & COMP. L. REV. 257 (2006), was cited in, Ronald J. Rychlak, Baseball, Hot Dogs, Apple Pie, and Miranda Warnings, 50 TEX. TECH L. REV. 15 (2017).

Michael Lewyn, When Scalia Wasn't Such an Originalist, 32 TOURO L. REV. 747 (2016), was cited in, Gary Lawson, Confronting Crawford: Justice Scalia, the Judicial Method, and the Adjudicative Limits of Originalism, 84 U. CHI. L. REV. 2265 (2017).

Michael Lewyn, New Urbanist Zoning for Dummies, 58 ALA. L. REV. 257 (2006), was cited in, Grace Heusner, Allison Sloto & Joshua Ulan Galperin, Defining and Closing the Hydraulic Fracturing Governance Gap, 95 DENV. L. REV. 191 (2017).

Michael Lewyn, How Government Regulation Forces Americans into Their Cars: A Case Study, 16 WIDENER L.J. 839 (2007), was cited in, John C. Dernbach, Sustainable Development in Law Practice: A Lens for Addressing All Legal Problems, 95 DENV. L. REV. 123 (2017).

Michael Lewyn (& William Leaf), Internally Buffered Districts: A New Technique to Make Zoning Less Exclusionary, 44 REAL EST. L. J. 330 (2015), was cited in, Michael N. Widener, Animating Performance Zoning at Sustainability's Competitive Edge, 29 GEO. ENVTL. L. REV. 647 (2017).

Michael Lewyn, ‘‘Thou Shalt Not Put a Stumbling Block Before the Blind’': The Americans with Disabilities Act and Public Transit for the Disabled, 52 HASTINGS L.J. 1037 (2001), was cited in, Alex Walker, Regulating Microtransit in San Francisco: Greener Transportation or the End of Public Transit for All?, 26 N.Y.U. ENVTL. L.J. 107 (2017).

Jeffrey B. Morris, LEADERSHIP ON THE FEDERAL BENCH: THE CRAFT AND ACTIVISM OF JACK WEINSTEIN (2011), was cited in, Jessica A. Roth, The "New" District Court Activism in Criminal Justice Reform, 72 N.Y.U. ANN. SURV. AM. L. 187 (2018).

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, Heather K. Gerken, Federalism 3.0, 105 CAL. L. REV. 1695 (2017).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2017) & Patricia E. Salkin (& Amy Levine), 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), were cited in, Grace Heusner, Allison Sloto & Joshua Ulan Galperin, Defining and Closing the Hydraulic Fracturing Governance Gap, 95 DENV. L. REV. 191 (2017).

Patricia E. Salkin, Land Use: Blending Smart Growth with Social Equity and Climate Change Mitigation, in AGENDA FOR A SUSTAINABLE AMERICA (John C. Dernbach ed., 2009) & Patricia E. Salkin (& John C. Dernbach & Donald A. Brown), Sustainability as a Means of Improving Environmental Justice, 19 J. ENVTL. & SUSTAINABILITY L. 1 (2012), were cited in, John C. Dernbach, Sustainable Development in Law Practice: A Lens for Addressing All Legal Problems, 95 DENV. L. REV. 123 (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, 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), were cited in, Michael N. Widener, Animating Performance Zoning at Sustainability's Competitive Edge, 29 GEO. ENVTL. L. REV. 647 (2017).

Patricia E. Salkin, Intersection Between Environmental Justice and Land Use Planning, 58 AM. PLANNING ASS'N PLANNING & ENVTL. LAW 3 (2006), was cited in, R. Shea Diaz, Getting to the Root of Environmental Injustice: Evaluating Claims, Causes, and Solutions, 29 GEO. ENVTL. L. REV. 767 (2017).

Patricia E. Salkin (& Allyson Phillips), Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege, 39 IND. L. REV. 561 (2006), was cited in, W. Bradley Wendel, Government Lawyers in the Trump Administration, 69 HASTINGS L.J. 275 (2017).

Patricia E. Salkin, Regional Planning in New York State: A State Rich in National Models, Yet Weak in Overall Statewide Planning Coordination, 13 PACE L. REV. 505 (1993), was cited in, Sean M. Kammer, No-Analogue Future: Challenges for the Laws of Nature in A World Without Precedent, 42 VT. L. REV. 227 (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, Michael B. Gerrard, Legal Pathways for a Massive Increase in Utility-Scale Renewable Generation Capacity, SZ014 ALI-CLE 329 (2018).

Martin A. Schwartz, The Supreme Court's Unfortunate Narrowing of the Section 1983 Remedy for Brady Violations, Champion (2013), https://www.nacdl.org/Champion.aspx?id=28482, was cited in, Kevin Lipscomb, Fulfilling the Promise of Brady: The Need for Open Files and Complete Disclosure Between the Prosecution and the Police, 22 TEX. J. C.L. & C.R. 187 (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, Teressa E. Ravenell & Armando Brigandi, The Blurred Blue Line: Municipal Liability, Police Indemnification, and Financial Accountability in Section 1983 Litigation, 62 VILL. L. REV. 839 (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, Ramón A. Soto, Arrested for a Belch in Gym Class: A.M. v. Holmes, Excessive Force on Schoolchildren, and Qualified Immunity, 54 CRIM. LAW BULL. _ (Spring 2018).

Martin A. Schwartz, SECTION 1983 LITIGATION: CLAIMS & DEFENSES (2017), was cited in, Caroline Mala Corbin, Government Employee Religion, 49 ARIZ. ST. L.J. 1193 (2017).

Martin A. Schwartz (& Kathryn R. Urbonya), SECTION 1983 LITIGATION (2nd ed. 2008), was cited in, Smaranda Draghia, Revising Standards to Reduce Prosecutorial Misconduct, 42 T. MARSHALL L. REV. ONLINE 5 (2018).

Marjorie A. Silver, Symposium Introduction: Humanism Goes to Law School, 28 TOURO L. REV. 1141 (2012), was cited in, Jeremiah A. Ho, Law as Instrumentality, 101 MARQ. L. REV. 131 (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, Eric K. Yamamoto, Critical Procedure: Adr and the Justices' "Second Wave" Constriction of Court Access and Claim Development, 70 SMU L. REV. 765 (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, Richard Delgado, The Unbearable Lightness of Alternative Dispute Resolution: Critical Thoughts on Fairness and Formality, 70 SMU L. REV. 611 (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, Michael Z. Green, Reconsidering Prejudice in Alternative Dispute Resolution for Black Work Matters, 70 SMU L. REV. 639 (2017).

Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999), was cited in, Heather Ellis Cucolo & Michael L. Perlin, Promoting Dignity and Preventing Shame and Humiliation by Improving the Quality and Education of Attorneys in Sexually Violent Predator (Svp) Civil Commitment Cases, 28 U. FLA. J.L. & PUB. POL'Y 291 (2017).

Marjorie A. Silver (& Bernard Wolfman & Jonathan L.F. Silver), DISSENT WITHOUT OPINION: THE BEHAVIOR OF JUSTICE WILLIAM O. DOUGLAS IN FEDERAL TAX CASES (1975), was cited in, André LeDuc, Striding Out of Babel: Originalism, Its Critics, and the Promise of Our American Constitution, 26 WM. & MARY BILL RTS. J. 101 (2017).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2002), was cited in, Anastasia M. Boles, The Culturally Proficient School Law Professor: Beginning the Journey, 48 N.M.L. REV. 145 (2018).

Marjorie A. Silver, TRANSFORMING JUSTICE, LAWYERS, AND THE PRACTICE OF LAW (2017), was reviewed in, MINDFUL (Apr. 2018).

Sol Wachtler, A Cell of One's Own, N.Y. TIMES (Sept. 24, 2006), was cited in, Stefen R. Short, Grassroots Challenges to the Effects of Prison Sprawl on Mental Health Services for Incarcerated People, 45 FORDHAM URB. L.J. 437 (2018).