Feb / March 2019

Feb / March 2019

Publications:

Ilene Sherwyn Cooper, Be Wary How You Plead, N.Y.L.J. (Feb. 1, 2019).

Howard A. Glickstein, A Tribute to Douglas Scherer, 22 EMP. RTS. & EMP. POL'Y J.187 (2018).

Samuel J. Levine, Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct: A Response to Professor Tremblay, 70 FLA. L. REV. F. 13 (2018).

Samuel J. Levine, The Constitution as Poetry, 49 SETON HALL L. REV. 737 (2019).

Michael Lewyn, More Evidence That New Housing Lowers Rents (Maybe), PLANETIZEN (Feb. 18, 2019).

Michael Lewyn, The Negligence Law Revolution That Wasn't, PLANETIZEN (Mar. 3, 2019).

Deborah Post, A Retrospective on Race: The View from Long Island, 8 J. RACE, GENDER & ETHNICITY 25 (2019).

Deborah Post, Introduction, 8 J. RACE, GENDER & ETHNICITY 4 (2019).

Jorge Roig (with Steven W. Bender et. al.) What's Next? Into A Third Decade of Latcrit Theory, Community, and Praxis, 16 SEATTLE J. FOR SOC. JUST. 823 (2018).

Martin A. Schwartz, Second Circuit in 'Lanning' Clarifies Malicious Prosecution, N.Y.L.J. (Mar. 5, 2019).

Dan Subotnik, Policing Grammar And Diction In The Multicultural Law School Classroom, TAXPROF BLOG (Jan. 30, 2019)

Sol Wachtler, President Must Work with Congress, N.Y.L.J. (Feb. 19, 2019).

Sol Wachtler, Dred Scott Raises Its Ugly Head Again, N.Y.L.J. (Mar. 12, 2019).

Awards:

Doug Scherer, was honored in, Martin H. Malin, In Honor of Douglas Scherer, 22 EMP. RTS. & EMP. POL'Y J. 175 (2018); Wayne N. Outten, Tribute to Douglas Scherer, 22 EMP. RTS. & EMP. POL'Y J. 185 (2018) & Howard A. Glickstein, A Tribute to Douglas Scherer, 22 EMP. RTS. & EMP. POL'Y J. 187 (2018).

Presentations:

Michael Lewyn, panelist, How Can Cities Be Planned to Strenghten Economic Opportunity?, Conference: A Home in California: Are Our Communities Sustainable?, Pepperdine School of Public Policy, Malibu, CA (Mar. 26, 2019).

Media:

Dan Subotnik, made guest appearances on 20 different radio programs during the months of February & March to discuss the topic: Start by Believing.

Book Reviews:

Samuel J. Levine, JEWISH LAW AND AMERICAN LAW: A COMPARATIVE STUDY (Touro College Press 2018), was reviewed in, A Professor Compares Jewish and American Laws, BOOKSNTHOUGHTS (Mar. 3, 2019) which was republished in: TIMES OF ISRAEL (Mar. 3, 2019); Goodreads (Mar. 3, 2019); Amazon (Mar. 3, 2019); and San Diego Jewish World (Mar. 7, 2019).

Samuel J. Levine, WAS YOSEF ON THE SPECTRUM? UNDERSTANDING JOSEPH THROUGH TORAH, MIDRASH, AND CLASSICAL JEWISH SOURCES (Urim Publications, 2018), was reviewed in, The Judaic Studies Shelf, WISCONSIN BOOKWATCH (Midwest Book Review, Feb. 2019).

Citations:

Hal Abramson, New Singapore Convention on Cross-Border Mediated Settlements: Key Choices, in MEDIATION IN INTERNATIONAL COMMERCIAL AND INVESTMENT DISPUTES (Catharine Titi & Katia FachGomez eds., Oxford University Press, forthcoming 2019), was cited in, Nancy A. Welsh, Dispute Resolution Neutrals' Ethical Obligation to Support Measured Transparency, 71 OKLA. L. REV. 823 (2019).

Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception, and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995), was cited in, Brief of Petitioner, Benjamin v. Felder Servs., No. 18-1089 (5th Cir. 2018).

Howard Glickstein, A Tribute to Douglas Scherer, 22 EMP. RTS. & EMP. POL'Y J. 187 (2018), was cited in, Martin H. Malin, In Honor of Douglas Scherer, 22 EMP. RTS. & EMP. POL'Y J. 175 (2018).

Louise Harmon (& Eileen Kaufman), Innocents Abroad: Reflections on Summer Abroad Law Programs, 30 T. JEFFERSON L. REV. 69 (2007), was cited in, Rosa Kim, Globalizing the Law Curriculum for Twenty-First-Century Lawyering, 67 J. LEGAL EDUC. 905 (2018).

Eileen Kaufman (& Louise Harmon), Innocents Abroad: Reflections on Summer Abroad Law Programs, 30 T. JEFFERSON L. REV. 69 (2007), was cited in, Rosa Kim, Globalizing the Law Curriculum for Twenty-First-Century Lawyering, 67 J. LEGAL EDUC. 905 (2018).

Deseriee A. Kennedy, From Collaboration to Consolidation: Developing a More Expansive Model for Responding to Family Violence, 20 CARDOZO J.L. & GENDER 1 (2013), was cited in, Claire Houston, The Trouble with Feminist Advocacy Around Child Victims of Domestic Violence, 39 WOMEN'S RTS. L. REP. 85 (2018).

Deseriee A. Kennedy, Consumer Discrimination: The Limitations of Federal Civil Rights Protection, 66 MO. L. REV. 275 (2001), was cited in, Kate Sablosky Elengold, Consumer Remedies for Civil Rights, 99 B.U.L. REV. 589 (2019).

Richard Klein, has recently reached the 1000th total paper download on SSRN.

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

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

Samuel J. Levine, was thanked in, Russell M. Gold, Jail As Injunction, 107 GEO. L.J. 501 (2019).

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, W. Bradley Wendel, The Rule of Law and Legal-Process Reasons in Attorney Advising, 99 B.U. L. REV. 107 (2019).

Samuel J. Levine, Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, and the New York Emergency Rent Laws of 1920: A Case Study in the Role of Jewish Lawyers and Jewish Law in Early Twentieth Century Public Interest Litigation, 33 J. LEGAL PROF. 1 (2008), was cited in, Britt P. Tevis, "The People's Judge": Jacob Panken, Yiddish Socialism, and American Law, 59 AM. J. LEGAL HIST. 31 (2019).

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), was cited in, Jason Kreag, Disclosing Prosecutorial Misconduct, 72 VAND. L. REV. EN BANC 297 (2019).

Samuel J. Levine, A Critique of Hobby Lobby and the Supreme Court's Hands-Off Approach to Religion, 91 NOTRE DAME L. REV. ONLINE 26 (2015), was cited in, Elizabeth Brown & Inara Scott, Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace, 56 AM. BUS. L.J. 55 (2019).

Samuel J. Levine, JEWISH LAW AND AMERICAN LAW: A COMPARATIVE STUDY (Touro College Press 2018), was cited in Rachel Rafael Neis, The Seduction of Law: Rethinking Legal Studies in Jewish Studies, 109 JEWISH Q. REV. 119 (Winter 2019).

Samuel J. Levine, was mentioned in, Bruce Green, The Challenges and Rewards of Teaching Legal Ethics, 25(2) PROF. LAW. 3 (2018).

Michael Lewyn, How to Make Suburbia Less Sprawling, 45 REAL EST. L.J. 115 (Summer 2016), was recently listed on SSRN's Top Ten download list for: TransportRN: Urban Land Use & Transportation.

Meredith R. Miller, Party Sophistication and Value Pluralism in Contract, 29 TOURO L. REV. 659 (2013) & Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 MO. L. REV. 493 (2010), were cited in, Lauren Henry Scholz, Algorithmic Contracts, 20 STAN. TECH. L. REV. 128 (2017).

Patricia Salkin (& Zachary Kansler), Ensuring Public Trust at the Municipal Level: Inspectors General Enter the Mix, 75 ALBANY L. REV. 95, was cited in, 2019 Legis. Bill Hist. NY S.B. 3595 (Parker Sponsor Memo, February 12, 2019)

Patricia Salkin, From Bricks and Mortar to Mega-Bytes and Mega-Pixels: The Changing Landscape of the Impact of Technology and Innovation on Urban Development, 42/43 URB. LAW. 11 (2011), was cited in, Lawrence J. Trautman, How Google Perceives Customer Privacy, Cyber, E-Commerce, Political and Regulatory Compliance Risks, 10 WM. & MARY BUS. L. REV. 1 (2018).

Patricia E. Salkin, N.Y. ZONING LAW & PRAC. (2016) was cited in, Daniel A. Spitzer, et. al., Using (and Misusing) Incentive Zoning, 19 N.Y. ZONING LAW & PRAC. REP. 1 (Jan/Feb 2016).

Patricia E. Salkin, N.Y. ZONING LAW & PRAC. (2017), was cited in, Steven Ferrey, Rewired Infrastructure Post-Paris, 33 CONN. J. INT'L L. 331 (2018).

Patricia E. Salkin (& Amy Lavine), Regional Foodsheds: Are Our Local Zoning and Land Use Regulations Healthy?, 22 FORDHAM ENVTL. L. REV. 599 (2011), was cited in, Sarah Schindler, Food Federalism: States, Local Governments, and the Fight for Food Sovereignty, 79 OHIO ST. L.J. 761 (2018).

Patricia E. Salkin, The Politics of Land Use Reform in New York: Challenges and Opportunities, 73 ST. JOHN'S L. REV. 1041 (1999), was cited in, Anika Singh Lemar, The Role of States in Liberalizing Land Use Regulations, 97 N.C. L. REV. 293 (2019).

Patricia Salkin, Sustainability at the Edge: The Opportunity and Responsibility of Local Governments to Most Effectively Plan for Natural Disaster Mitigation, 38 ENVTL. L. REP. 10158 (2008); 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, AMERICAN LAW OF ZONING (5th ed., 2018) & Patricia E. Salkin, NEW YORK ZONING LAW & PRACTICE (4th ed., 2018), were cited in, Sarah J. Adams-Schoen, Beyond Localism: Harnessing State Adaptation Lawmaking to Facilitate Local Climate Resilience, 8 MICH. J. ENVTL. & ADMIN. L. 185 (2018).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. 2017), was cited in, Ann M. Eisenberg, Rural Blight, 13 HARV. L. & POL'Y REV. 187 (2018).

Patricia E. Salkin (with Amy Lavine), Negotiating for Social Justice and the Promise of Community Benefits Agreements: Case Studies of Current and Developing Agreements, 17 J. AFFORDABLE HOUSING 113 (2008), was cited in, Olatunde C. A. Johnson, “Social Engineering": Notes on the Law and Political Economy of Integration, 40 CARDOZO L. REV. 1149 (2019).

Patricia E. Salkin (with 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), Ori Sharon, Fields of Dreams: An Economic Democracy Framework for Addressing NIMBYism, 49 ENVTL. L. REP. 10264 (2019).

Martin A. Schwartz (with Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in, Zach Lass, Lowe v. Raemisch: Lowering the Bar of the Qualified Immunity Defense, 96 Denv. L. Rev. 177 (2018).

Martin A. Schwartz (with Kathryn R. Urbonya), SECTION 1983 LITIGATION (Federal Judicial Center, 2d. ed. 2008), was cited in, Lauren Madison, Substantive Due Process As Recourse for Flint Water Crisis Plaintiffs, 64 WAYNE L. REV. 531 (2019).

Martin A. Schwartz (with Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), was cited in, Anthony Stauber, When Is a Right Not a Right?: Qualified Immunity After Pearson, 39 MITCHELL HAMLINE L.J. PUB. POL'Y & PRAC. 125 (2018).

Martin A. Schwartz, Should Juries be Informed That Municipality Will Indemnify Officer's § 1983 Liability for Constitutional Wrongdoing?, 866 IOWA L. REV. 1209 (2001), was cited in, Christian Morbidelli, Third-Party Relief for Municipal Debtors: "Necessity" in the Chapter 9 Context, 35 EMORY BANKR. DEV. J. 225 (2019).

Thomas A. Schweitzer, "A" Students Go to Court: Is Membership in the National Honor Society a Cognizable Legal Right?, 50 SYRACUSE L. REV. 63 (2000), was cited in , Melissa Murray, Book Review: Sex and the Schoolhouse, the Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, 132 HARV. L. REV. 1445 (2019).

Gary Shaw, A Heretical View of Teaching: A Contrarian Looks at Teaching, the Carnegie Report, and Best Practices, 28 TOURO L. REV. 1239 (2012), was cited in, Rebecca Flanagan, Better by Design: Implementing Meaningful Change for the Next Generation of Law Students, 71 ME. L. REV. 103 (2018).

Theodore Silver, One Hundred Years of Harmful Error: The Historical Jurisprudence of Medical Malpractice, 1992 WIS. L. REV. 1193 (1992), was cited in, A. Michael Froomkin et. al., When AIs Outperform Doctors: Confronting the Challenges of A Tort-Induced over-Reliance on Machine Learning, 61 ARIZ. L. REV. 33 (2019).

Dan Subotnik, has recently reached the 1000th total paper download on SSRN.

Dan Subotnik (& Glen Lazar) Deconstructing the Rejection Letter: A Look at Elitism in Article Selection, 49 J. LEGAL EDUC. 601 (1999), was cited in, Daniel N. Kluttz, The Path of the Law Review: How Interfield Ties Contribute to Institutional Emergence and Buffer Against Change, 53 LAW & SOC'Y REV. 239 (2019).