Aug/Sept 2023

August/September 2023

Publications:

Rodger D. Citron (& Laura Dooley), Personal Jurisdiction Makes Strange Bedfellows: An Assessment of the Supreme Court’s Decision in Mallory v. Norfolk Southern Railway Co., Verdict/Justia (Sept. 19, 2023).

Ilene Sherwyn Cooper, Mid-Year Developments: Stipulations of Settlements, Situs, Digital Assets, N.Y.L.J. (Aug. 7, 2023).

Laura Dooley (& Rodger D. Citron), Personal Jurisdiction Makes Strange Bedfellows: An Assessment of the Supreme Court’s Decision in Mallory v. Norfolk Southern Railway Co., Verdict/Justia (Sept. 19, 2023).

Samuel J. Levine, Law and Redemption: Expounding and Expanding Robert Cover's Nomos and Narrative, 34 Yale J.L. & Human. 253 (2023).

Samuel J. Levine, The Conference of Religiously Affiliated Law Schools Foreword, 38 Touro L. Rev. 1027 (2023).

Michael Lewyn, Are Republicans or Democrats more Pro-Housing? Yes., Market Urbanism (Aug. 21, 2023).

 Michael Lewyn, Do Americans Really Prefer Sprawl?, Planetizen (Aug. 14, 2023).

 Michael Lewyn, Public Opinion on Housing: A Deeper Dive, Planetizen (Sept. 5, 2023).

Michael Lewyn, Traffic and Development, Market Urbanism (Sept. 26, 2023).

Michael Lewyn, Is There Really a Building Boom? Not as Much as You Might Think, Market Urbanism (Sept. 12, 2023). 

Lauren Roth, Sanitation: Reducing the Administrative State’s Control over Public Health, 75 Rutgers U. L. Rev. 777 (2023).

Martin A. Schwartz, Enforcement of Federal Statutes Under §1983: Focus on 'Talevski, N.Y.L.J. (Sept. 5, 2023).

 

Presentations:

Hon. Mark D. Cohen, Annual Criminal Law Update, New York State County Judges Association Annual Conference, Saratoga, NY (Sept. 19, 2023). 

Samuel J. Levine, Ethical Discretion or Ethical Obligation? Comparing American Legal Practice and Jewish Law & Capital Punishment in Jewish Law and American Law, It's Shabbat! It's the Law!, Woodward Avenue Shul & Jewish Bar Ass’n of Michigan (Aug. 4 & 5, 2023).

Samuel J. Levine, A Comparative Approach to the Jewish Law and Customs, CLE: Cultural Intersections Series, Polsinelli Law Firm (Sept. 11, 2023).

Samuel J. Levine, The Constitution and Scripture, Constitution & Citizenship Day, Nassau County District Attorney, Historic Nassau County Court House (Sept. 19, 2023).

Samuel J. Levine, co-organized & co-moderated, The Life and Legacy of Rabbi Professor Yitzhak (Isadore) Twersky, co-sponsored by Touro Law and Touro Talks (Sept. 20, 2023).

Meredith R. Miller, Challenging Forced Arbitration and SOL Shortening Provisions, National Employment Law Association/New York (NELA/NY) Fall Conference, Fordham Law School (Sept. 8, 2023). 

Michelle Zakarin, Using OER (Open Educational Resources) in Law School Courses, AALS Technology Law Summer Webinar Series (Aug. 2, 2023).

 

Media:

Rodger D. Citron, A Conversation with Magistrate Judge James M. Wicks, Touro Law Review Podcast (Sept. 14, 2023). 

Richard D. Klein, was quoted in, Nicholas Spangler & Matthew Chayes, 6-Year-Old Girl in Deadly East Massapequa Crash has Catastrophic Injuries, Family Says, Newsday (Aug. 10, 2023).

Richard D. Klein, was quoted in, Nicholas Spangler, Lawsuit: Charter Firm, Driver Liable in Farmingdale High Bus Crash, Newsday (Sept. 28, 2023).

Richard D. Klein, was quoted in, Jon Dowding, Court Documents Signal Possible Plea Deal Negotiations in Rep. Santos Federal Case, News12 (Sept. 5, 2023).

Elena Langan, was interviewed in, Interdisciplinary Education with Elena Langan, Aspen Leading Edge Podcast (Sept. 19, 2023).

Elena Langan, was quoted in, Rob Abruzzese, Flextime JD Program to be Introduced by Touro Law in Manhattan, Brooklyn Daily Eagle (Sept. 25, 2023).

Elena Langan, was quoted in, Zach Hales, Touro Law to Offer Hybrid Program at Times Square Location, Nat’l Jurist (Sept. 20, 2023).

Elena Langan, was quoted in, Remembering the Once-Forgotten, Jewish World (Aug. 11. 2023).

Samuel J. Levine, was quoted in, Nicholas Spangler, Cemetery at Former Central Islip Psychiatric Center to be Rededicated, Newsday (June 30, 2023).

Samuel J. Levine, was quoted in, Remembering the Once-Forgotten, Jewish World (Aug. 11. 2023).

Cynara Hermes McQuillan, Requiring More of Rule 407, Excited Utterance Podcast (Sept. 25, 2023).

Kenneth Rosenblum, was quoted in, Remembering the Once-Forgotten, (Aug. 11. 2023).

 

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, Giovanni De Gregorio, The Normative Power of Artificial Intelligence, 30 Ind. J. Global Legal Stud. 55 (2023).

Suzanne Darrow-Kleinhaus, A Reply to the National Conference of Bar Examiners: More Talk, No Answers, So Keep on Shopping, 44 Ohio N.U. L. Rev. 173 (2018), was cited in, Elizabeth Sherowski, An Inclusive Model for Licensing New Lawyers, 51 Cap. U. L. Rev. 77 (2023).

Howard A. Glickstein, A Jewish-Sponsored Law School: Its Purposes and Challenges, 78 Marq. L. Rev. 481 (1995) & Howard A. Glickstein, Academic Freedom in Religiously Affiliated Law Schools: A Jewish Perspective, 11 Regent U. L. Rev. 17 (1998), was cited in, Lucia A. Silecchia, 2022 Conference of Religiously Affiliated Law Schools: Reflections on Faculty Vocation and Support, 38 Touro L. Rev. 1083 (2023).

Deseriee A. Kennedy, Processing Civil Rights Summary Judgment and Consumer Discrimination Claims, 53 Depaul L. Rev. 989 (2004), was cited in, Amanda Peters, What Torres v. Madrid Reveals About Fact Bias in Civil Rights Cases, 50 Fla. St. U. L. Rev. 569 (2023).

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 (2017), was cited in, Sonthon Khongwan, The Exercise of Prosecutorial Discretion in Forensic Evidence Acceptance (Aug. 28, 2023) (Ph.D. dissertation, Silpakorn University, Thailand).

Samuel J. Levine, Rethinking the Supreme Court's Hands-Off Approach to Questions of Religious Practice and Belief, 25 Fordham Urb. L.J. 85 (1997), was cited in, Mark L. Movsesian, The New Thoreaus, 54 Loy. U. Chi. L.J. 539 (2022).

Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 Utah L. Rev. 465 (1998), was cited in, M. Alexander Pearl, Reflections on Place and People from Within, 52 Sw. L. Rev. 199 (2023).

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, Erin Fitzgerald, Put the Juvenile Back in Juvenile Court, 68 Vill. L. Rev. 367 (2023).

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, Sarah Rodgers, Policy Recommendations for Incarcerated Trans Men in the United States, in Advances in Trans Studies: Moving Toward Gender Expansion and Trans Hope (2021).

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, Hafiz Muhammad Azeem, Mubashar Tariq & Muhammad Umar, Prosecutorial Discretion: An Imperative for Effective Prosecution in the Punjab Criminal Prosecution Service, 6 Rev. Educ. Admin. 541 (2023).

Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 Const. Comment. 511 (1998), was cited in, Antoni Abat Ninet, A Secular God and a Creed, in The Religion of the Constitution (2023).

Samuel J. Levine, Richard Posner Meets Reb Chaim of Brisk: A Comparative Study in the Founding of Intellectual Legal Movements, 8 San Diego Int'l L.J. 95 (2006), was cited in, David Porush, Signs and Symbols and Soloveichik (2021).

Michael Lewyn, How to Limit Gerrymandering, 45 Fla. L. Rev. 403 (1993), was cited in, Dru Stevenson, Revisiting the Original Congressional Debates About the Second Amendment, 88 Mo. L. Rev. 455 (2023).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 Mo. L. Rev. 493 (2010), was cited in, Lloyd v. Niceta, 2023 Md. LEXIS 384 (S.Ct.. Md., Aug. 30 2023).

Meredith R. Miller, Contract Law, Party Sophistication and the New Formalism, 75 Mo. L. Rev. 493 (2010), was cited in, Cummings Properties v. Hines, 2023 WL 6202474 (SJC Mass. Sept. 25, 2023).

Patricia Salkin (& Jennie Nolon), Land Use Law in a Nutshell (3d ed. 2021), was cited in, Kevin Philip Donovan, Decarbonizing Decentralized Currency: How Decentralized Datacenter Overlay Zones Could Ensure Bitcoin Mining's Clean Transition to the United States, 52 Urb. Law. 61 (2023).

Martin A. Schwartz, Section 1983 Litigation (Kris Markarian ed., 3rd ed. 2014), was cited in, Mark C. Niles, Deliberate Indifference: Respondeat Superior Liability for Municipalities in Civil Rights Cases as an Alternative to Qualified Immunity Reform, 25 N.Y.U. J. Legis. & Pub. Pol'y 387 (2023).

Martin A. Schwartz, Section 1983 Litigation Claims & Defenses (2013), was cited in, Sexton v. Faris, 2023 U.S. Dist. LEXIS 155725 160535 (D. Colo., Sept. 1, 2023). 

Martin A. Schwartz (& John E. Kirklin), Section 1983 Litigation (3d ed. 1997), was cited in, Brazil v. Scranton Sch. Bd., 2023 U.S. Dist. LEXIS 160683 (D. Penn., Sept. 11, 2023).

Martin A. Schwartz, Section 1983 Litigation Claims & Defenses (2013), was cited in, Dennis v. City & Cnty. of Denver, 2023 U.S. Dist. LEXIS 160535 (D. Colo., Sept. 11, 2023).

Martin A. Schwartz, Section 1983 Litigation Claims & Defenses (3d ed. 1997), was cited in, Porter v. Daggett Cnty., 2023 U.S. Dist. LEXIS 163851 (D. Utah, Sept. 13, 2023).

Martin A. Schwartz, Section 1983 Litigation Claims & Defenses (4th ed.), was cited in, Cuviello v. City of Belmont, 2023 U.S. Dist. LEXIS 132294 (N.D. Cal, July 31, 2023).

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, Eliana Fleischer, Stating the Obvious: Departmental Policies as Clearly Established Law, 90 U. Chi. L. Rev. 1435 (2023).

Gary M. Shaw, The Admissibility of Hypnotically Enhanced Testimony in Criminal Trials, 75 Marq. L. Rev. 1 (1991), was cited in, Maggie Wittlin, Theorizing Corroboration, 108 Cornell L. Rev. 911 (2023).

Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 Fla. Coastal L.J. 219 (2002), was cited in, Anne D. Gordon, Cleaning Up Our Own Houses: Creating Anti-Racist Clinical Programs, 29 Clinical L. Rev. 49 (2022).

Marjorie A. Silver, (Sanford Portnoy & Jean Koh Peters), Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship, 19 Touro L. Rev. 847 (2004), was cited in, Colin James, Trauma-Informed Legal Education: Rejecting the Stigma in Caring for Self, Client and Workplace, in Wellbeing and Transitions in Law (2023).

Dan Subotnik (& Glen Lazar), Deconstructing the Rejection Letter: A Look at Elitism in Article Selection, 49 J. Legal Educ. 601 (1999), was cited in, Rory Bahadur & Dr. Kevin Ruth, Bad Math, Bar Sauce and the ABA as a Shill for the NCBE, 66 How. L.J. 323 (2022).

Sol Wachtler, Brett Kavanaugh Is an Originalist, N.Y.L.J. (Sept. 20, 2018), was cited in, Donald F. McGahn II, Administrative Law: Past, Present, and Future, 51 Cap. U. L. Rev. 54 (2023).

Sol Wachtler, McDougald v. Garber, 536 N.E.2d 372 (N.Y. 1989)., was cited in, Frank S. Giaoui, Damage to Reputation: A Comparative Analysis of Pecuniary Compensation for Non-Pecuniary Harm, 46 Loy. L.A. Int'l & Comp. L. Rev. 1 (2023).

 

Book Reviews:

Patricia E. Salkin, Lawyers Leading in Higher Education (2022), was reviewed in, Timothy Fisher, Lawyer as Presidents-A Rising Trend in Higher Education, 38 Touro L. Rev. 1231 (2023).