July 2019

July 2019

Publications:

Samuel J. Levine, Disciplinary Regulation of Prosecutorial Discretion: What Would a Rule Look Like?, 16 OHIO ST. J. CRIM. L. 347 (2019).

Michael Lewyn, In Defense of the American Community Survey, 18 CONN. PUB. INT. L.J. 109 (2019).

Michael Lewyn, Are Wide Streets Negligent?, 48 REAL EST. L.J. 64 (Summer 2019).

Michael Lewyn, The Myth of the 'Childless City', PLANETZEN (Jul. 22, 2019).

Michael Lewyn, Learning from Astor Street, MARKET URBANISM (Jul. 22, 2019).

Jorge R. Roig, De Vuelta al Mundo Bueno, EL NUEVO DÍA (Jul. 23, 2019).

Jorge R. Roig, A las Cinco de la Tarde, EL NUEVO DÍA (Aug. 4, 2019).

Sol Wachtler, Hatred Left Unchecked a Global Plague, TIMES UNION (Jul. 12, 2019).

Appointments & Elections:

Samuel J. Levine, was appointed to the New York State Bar Association’s Committee on Professional Ethics.
Meredith R. Miller, was elected the President of the Network of Bar Leaders.

Presentations:

Samuel J. Levine, Scholar-in-Residence, To Save a Life: Confidentiality and the Innocent Convict in Jewish and American Law; From Maimonides to Miranda: Self-Incrimination in Jewish and American Law; & Capital Punishment in Jewish Law and American Law, Woodward Avenue Shul, Royal Oak, MI (Jul. 6-7, 2019).

Marjorie A. Silver, moderator, The Importance of Procedural Justice and Other Movements to Therapeutic Jurisprudence, XXXVI International Congress on Law and Mental Health, Rome, Italy (Jul. 27, 2019).

Citations:

Harold I. Abramson, A Fifth Branch of Government: The Private Regulators and Their Constitutionality, 16 HASTINGS CONST. L. Q. 165 (1989), was cited in, Susan C. Morse, When Robots Make Legal Mistakes, 72 OKLA. L. REV. 213 (2019).

Harold I. Abramson, MEDIATION REPRESENTATION, ADVOCATING AS A PROBLEM-SOLVER, IN ANY COUNTRY OR CULTURE (2d ed. 2010), was cited in, Claudia Lanzetta, Be Prepared: 'Presumptive ADR' Is Coming, N.Y.L.J. (Aug. 5, 2019).

Jack Graves, Penalty Clauses as Remedies: Exploring Comparative Approaches to Enforceability, 29 TOURO L. REV. 681 (2013), was cited in, Eduardo Pereira, Enforceability of Default Provisions Under Joint Operating Agreements, 41 HOUS. J. INT'L L. 285 (2019).

Jack M. Graves (& Stephanie A. Vaughan), The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity, 10 VINDOBONA J. INTL. COMM. L. & ARB. 173 (2006), was cited in, Mehdi J. Hakimi & Erik G. Jensen, Rethinking Legal Education in Afghanistan: The Law Program at the American University of Afghanistan, 55 STAN. J. INT'L L. 83 (2019).

Deseriee A. Kennedy, Children, Parents & the State: The Construction of A New Family Ideology, 26 BERKELEY J. GENDER L. & JUST. 78 (2011), was cited in, Women and Girls in the Criminal Justice System, House Judiciary Subcommittee on Crime: Terrorism and Homeland Security Hearing (2019) (testimony by Jesselyn McCurdy, Deputy Director, American Civil Liberties Union).

Sidney Kwestel, Freedom from Reliance: A Contract Approach to Express Warranty, 26 SUFFOLK U. L. REV. 959 (1992) & Sidney Kwestel, Express Warranty as Contractual - The Need for a Clear Approach, 53 MERCER L. REV. 557 (2002), were quoted in, Jacek Jastrzebski, "Sandbagging" and the Distinction Between Warranty Clauses and Contractual Indemnities, 19 U.C. DAVIS BUS. L.J. 207 (2019).

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

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, The Supreme Court's Hands-off Approach to Religious Doctrine: An Introduction, 84 NOTRE DAME L. REV. 793 (2009), was cited in, Anna Su, Varieties of Burden in Religious Accommodations, 34 J.L. & RELIGION 42 (2019).

Samuel J. Levine, Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to ‘Seek Justice’ in a Comparative Analytical Framework, 41 HOUSTON L. REV. 1337 (2004) & 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), were cited in, Stephen E. Henderson, Should Robots Prosecute and Defend?, 72 OKLA. L. REV. 1 (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), was cited in, Amir Shachmurove, Sovereign Speech in Troubled Times: Prosecutorial Statements as Extrajudicial Admissions, 86 TENN. L. REV. 403 (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), was cited in, Lindsey Rubinstein, Solving the Problem-Solver Problem: How a Revamp of Arbitral Ethics Will Encourage Plaintiffs and Benefit Defendants, 20 CARDOZO J. CONFLICT RESOL. 647 (2019).

Samuel J. Levine, JEWISH LAW AND AMERICAN LAW: A COMPARATIVE STUDY (2018) & Samuel J. Levine, Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion, 26 FORDHAM URB. L.J. 1041 (1999), were cited in, François-Xavier Licari, AN INTRODUCTION TO JEWISH LAW (Cambridge University Press 2019).

Samuel J. Levine, Emerging Applications of Jewish Law in American Legal Scholarship: An Introduction, 23 J. L. & RELIGION 43 (2007), was cited in, Baruch B. Schwarz , Zvi Bekerman, Reuven Ben-Haim, Diving into Yeshiva's Talk Practices: Chavruta Argumentation Between Individual and Community Towards Crystallizing Methods, 22 LEARNING, CULTURE & SOC. INTERACTION (2019).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 MO. L. REV. 493 (2010), was cited in, Robert W. Emerson & Steven A. Hollis, Bound by Bias? Franchisees' Cognitive Biases, 13 OHIO ST. BUS. L.J. 1 (2019).

Tracy Norton, was thanked for input into, Cathren Page, Astonishingly Excellent Success or Sad! Loser! Failure: Why President Trump's Legal Narratives "Win" with Some Audiences and "Lose" with Others, 18 CONN. PUB. INT. L.J. 53 (2019).

Jorge R. Roig, Emerging Technologies and Dwindling Speech, 16 U. PA. J. CONST. L. 1235 (2014), was cited in, Kathleen McGarvey Hidy, Social Media Use and Viewpoint Discrimination: A First Amendment Judicial Tightrope Walk with Rights and Risks Hanging in the Balance, 102 MARQ. L. REV. 1045 (2019).

Patricia E. Salkin (& Amy Lavine), Community Benefits Agreements and Comprehensive Planning: Balancing Community Empowerment and the Police Power, 18 J.L. & POL'Y 157 (2010), was cited in, Alia Soomro, Dismantling Mid-Century Urban Renewal: A Community-Based Approach for the Future of New York City, 84 BROOK. L. REV. 955 (2019).

Patricia E. Salkin (& Amy Lavine), The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, 40 URB. LAW. 195 (2008), was cited in, Lucien J. Dhooge, A Case Law Survey of the Impact of Rluipa on Land Use Regulation, 102 MARQ. L. REV. 985 (2019).

Patricia Salkin, The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, 27 J. LAND USE & ENVTL. L. 339 (Spring 2012), was cited in, Andrew Dickerson, The Need for Centralized Government to Encourage A Decentralized Energy Grid, 3 BUS. ENTREPRENEURSHIP & TAX L. REV. 119 (2019).

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), was cited in, Anthony V. Alfieri, Black, Poor, and Gone: Civil Rights Law's Inner-City Crisis, 54 HARV. C.R.-C.L. L. REV. 629 (2019).

Patricia E. Salkin, AMERICAN LAW OF ZONING (5th ed. May 2019 update), was cited in, Tompkins v. Buhrendorf, 2019 R.I. Super. LEXIS 92 (Aug. 2, 2019).

Martin A. Schwartz (& John E. Kirklin), SECTION 1983 LITIGATION STATUTORY ATTORNEY'S FEES (4th ed. 2019-1 Supp.), was cited in, Guy v. Wyo. Dep't of Corr., 2019 WY 69 (2019).

Martin A. Schwartz, The Supreme Court's Unfortunate Narrowing of the Section 1983 Remedy for Brady Violations, 37 THE CHAMPION 58 (May 2013), was cited in, Jeffrey S. Gutman & Lingxiao Sun, Why Is Mississippi the Best State in Which to Be Exonerated? An Empirical Evaluation of State Statutory and Civil Compensation for the Wrongfully Convicted, 11 NE. U.L. REV. 694 (2019).

Marjorie Silver, Overcoming Procrastination (2018) (unpublished manuscript) & Marjorie Silver, Integration of Positive Psychology into Legal Education Conference, Address at Suffolk University Law School (June 15, 2018), were cited in, R. Lisle Baker, Integrating Positive Psychology into Legal Education, 48 SW. L. REV. 295 (2019).

Marjorie A. Silver, TRANSFORMING JUSTICE, LAWYERS, AND THE PRACTICE OF LAW (2017), was cited in, Susan L. Brooks, Mindful Engagement and Relational Lawyering, 48 SW. L. REV. 267 (2019).

Marjorie A. Silver, has reached 900 reads on Research Gate (Jul. 17, 2019).

Marjorie A. Silver, has reached the 1000th total paper download on SSRN.

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, Jim Rossi & Christopher Serkin, Energy Exactions, 104 CORNELL L. REV. 643 (2019).

Dan Subotnik, What's Wrong With Faculty-Student Sex?, 47 J. LEGAL EDUC. 441 (1997), was cited in, Nancy Leong, Them Too, 96 WASH. U.L. REV. 941 (2019).

Sol Wachtler, was cited in, Stuart Gartner, Termination of Maintenance and DRL §248 Interpretation, N.Y.L.J. (Jul. 29, 2019).

Book Reviews:

Samuel J. Levine, JEWISH LAW AND AMERICAN LAW: A COMPARATIVE STUDY (Touro College Press 2018), was reviewed in, Eli Wald, Learning from Others: The U.S. Legal Profession and Comparative Law, JOTWELL (Jul. 15, 2019).