Faculty Accomplishments - May 2020

May 2020

Publications:

Rodger D. Citron, President Trump Clashes with Legal Oversight in Three Cases to be Argued at the Supreme Court, VERDICT: JUSTIA (May 11, 2020).

Ilene S. Cooper, Appellate Courts Weigh In, N.Y.L.J. (May 29, 2020).

Eileen Kaufman (as a part of the Collaboratory on Legal Education and Licensing for Practice), Diploma Privilege and the Constitution, 73 SMU L. REV. F. 168 (2020).

Eileen Kaufman (with: Angelos, Claudia; Merritt, Deborah Jones; & Salkin, Patricia E.), New York’s Bar Exam Changes Are Misguided-Here’s a New Proposal, INSIGHT: BLOOMBERG L. (May 7, 2020).

Michael Lewyn, The “Everybody Left Manhattan” Argument, MARKET URBANISM (May 7, 2020).

Michael Lewyn, Elevators Are Not the Villain, PLANETIZEN (May 11, 2020).

Michael Lewyn, COVID-19 and Big, Dense Cities That Aren't New York, PLANETIZEN (Apr. 28, 2020).

Michael Lewyn, The Law of the Eruv, 48 REAL EST. L.J. 473 (Spring 2020).

John Linarelli, Series Editor, HART STUDIES IN COMMERCIAL AND FINANCIAL LAW (Bloomsbury Prof. 2020).

Patricia E. Salkin (with: Angelos, Claudia; Kaufman, Eileen; & Merritt, Deborah Jones), New York’s Bar Exam Changes Are Misguided-Here’s a New Proposal, INSIGHT: BLOOMBERG L. (May 7, 2020).

Patricia E. Salkin (as a part of the Collaboratory on Legal Education and Licensing for Practice), Diploma Privilege and the Constitution, 73 SMU L. REV. F. 168 (2020).

Patricia E. Salkin, Why Government Lawyers Are Appealing Candidates for College and University Presidencies, 43(3) STATE & LOCAL LAW NEWS 8 (Spring 2020).

Dan Subotnik, Consent to Sex: The Limits of Feminist Discourse and the Need for More Diverse Input (2020), available at https://ssrn.com/abstract=3594794.

Dan Subotnik, Do Law Schools Oppress Minority Faculty Women? A Critique of Meera E. Deo, 'Unequal Profession: Race and Gender in Legal Academia' (Stanford 2019) (2020), available at https://ssrn.com/abstract=3581892.

Sol Wachtler, Forgotten War Not Forgotten by Me; I Remember Fellow Korean War Soldiers, Many of Whom are Falling to COVID-19, NEWSDAY (May 21, 2020).

Michelle Zakarin, The Power of Words in an Online Hybrid Class, AALS: LWRR SECTION NEWSLETTER, Summer 2020, at 16.

Presentations:

Sam Levine (and Jeffrey Lichtman), presenter, Jewish Education and Special Education in the Age of Corona and Beyond, Touro Talks Webinars (May 27, 2020).

Michael Lewyn, presenter, Density, Transit and COVID-19, Los Angeles Neoliberals Group (May 7, 2020).

Awards & Appointments:

Myra Berman, 2020 Presidential Faculty Excellence in Service Award, Touro College.

Hal Abramson, 2020 Presidential Faculty Excellence in Scholarship Award, Touro College.

Patricia E. Salkin, observer, Uniform Law Committee on State Governance During Public Health Emergencies (May 2020).

Media:

Elena Langan, was quoted in, Adina Genn, Touro Law Launches Free Legal Aid Helpline, L.I. BUS. NEWS (May 8, 2020).

Patricia Salkin, was quoted in, Kathleen Lynn, The Legal World Will Never Be the Same After Covid-19, N.Y. ST. B.J., May 2020, at 27.

Citations:

Hal Abramson et al., Are Legal Disputes Just About the Money? Answers from Mediators on the Front Line, 19 CARDOZO J. CONFLICT RESOL. 1 (2017), was cited in, Erin R. Archerd, Evaluating Mediation's Future, 2020 J. DISP. RESOL. 31 (2020).

Harold I. Abramson, Protocols for International Arbitrators Who Dare to Settle Cases, 10 AM. REV. INT'L ARB. 1 (1999), was cited in, Mariana Hernandez-Crespo Gonstead, Remedy Without Diagnosis: How to Optimize Results by Leveraging the Appropriate Dispute Resolution and Shared Decision-Making Process, 88 FORDHAM L. REV. 2165 (2020).

William M. Brooks, Reevaluating Substantive Due Process as a Source of Protection for Psychiatric Patients to Refuse Drugs, 31 IND. L. REV. 937 (1998), was cited, Elyn R. Saks, Competency to Decide for Another, 30 HEALTH MATRIX 1 (2020).

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, Aliza B. Kaplan & Venetia Mayhew, The Governor's Clemency Power: An Underused Tool to Mitigate the Impact of Measure 11 in Oregon, 23 LEWIS & CLARK L. REV. 1285 (2020).

Rodger D. Citron, President Trump Clashes with Legal Oversight in Three Cases to be Argued at the Supreme Court, VERDICT: JUSTIA (May 11, 2020), was cited in, Edith Roberts, Tuesday Round-Up, SCOTUSBLOG (May 19, 2020).

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, Nino C. Monea, The Fall of Grand Juries, 12 NE. U.L. REV. 411 (2020).

Richard Klein, The Role of Defense Counsel in Insuring a Fair Justice System, THE CHAMPION, June 2012, at 38, was cited in, Russell L. Weaver, John M. Burkoff & Catherine Hancock, CRIMINAL PROCEDURE: INVESTIGATIVE, A CONTEMPORARY APPROACH (2018).

Richard Klein, The Relationship of the Court and Defense Counsel: The Impact of Competent Representation and Proposals for Reform, 29 B.C. L. REV. 531 (1988), was cited in, Michael L. Perlin, Talia Roitberg Harmon & Sarah A Chatt, World of Steel-Eyed Death: An Empirical Evaluation of the Failure of the Strickland Standard to Ensure Adequate Counsel to Defendants with Mental Disabilities Facing the Death Penalty, 53 U. MICH. J.L. REFORM 261 (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); Samuel J. Levine, Hosanna-Tabor and Supreme Court Precedent: An Analysis of the Ministerial Exception in the Context of the Supreme Court's Hands-Off Approach to Religious Doctrine, 106 NW. U. L. COLLOQUY 120 (2011); and Samuel J. Levine, A Look at the Establishment Clause Through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers, 87 CHI.-KENT L. REV. 775 (2012), were cited in, Maxine D. Goodman, Courts' Failure to Use Religion Experts to Decide Difficult Fact Questions Concerning Who Is A Minister for the Ministerial Exception: A Holy Mess, 72 BAYLOR L. REV. 1 (2020).

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, Adeel Mohammadi, Sincerity, Religious Questions, and the Accommodation Claims of Muslim Prisoners, 129 YALE L.J. 1836 (2020).

Samuel J. Levine, Halacha and Aggada: Translating Roberts Cover's Nomos and Narrative, 1998 UTAH L. REV. 465 (1998), was cited in, Gail Hertz, Narratives of Justice: Robert Cover's Moral Creativity, Law and Humanities, 14 L. & HUMAN. J. 3 (2020).

Samuel J. Levine, Further Reflections on the Role of Religion in Lawyering and Life, 11 REGENT U. L. REV. 31 (1998), was cited in, Richard W. Garnett, The Communitarian Work and Vision(s) of Robert Cochran (And Thomas Shaffer), 47 PEPP. L. REV. 361 (2020).

Michael Lewyn, Two Cheers for Instant Runoff Voting, 6 PHX. L. REV. 117 (2012), was cited in, Steven J. Mulroy, The Great Unskewing: Remedying Structural Bias in U.S. Elections, 58 U. LOUISVILLE L. REV. 101 (2019).

Michael E. Lewyn, Suburban Spawl: Not Just an Environmental Issue, 84 MARQ. L. REV. 301 (2000), was cited in, Jess R. Phelps, Subdivision and Conserved Farmland, 86 TENN. L. REV. 735 (2019).

Michael Lewyn, The Criminalization of Walking, 2017 U. ILL. L. REV. 1167 (2017) & Michael Lewyn, How Overregulation Creates Sprawl (Even in a City Without Zoning, 50 WAYNE L. REV. 1171 (2004), were cited in, Gregory H. Shill, Should Law Subsidize Driving?, 95 N.Y.U.L. REV. 498 (2020).

John Linarelli, Legal Certainty: A Common Law View and a Critique, in THE SHIFTING MEANING OF LEGAL CERTAINTY IN COMPARATIVE AND TRANSNATIONAL LAW (Oxford 2017), was cited in, Ellada Balayan, Legal Definition in the Context of the Protection of Human Constitutional Rights, 17 OMSK U. BULL. 66 (2020).

John Linarelli, Legal Certainty: A Common Law View and a Critique, in THE SHIFTING MEANING OF LEGAL CERTAINTY IN COMPARATIVE AND TRANSNATIONAL LAW (Oxford 2017), was cited in, Vladimir Azarov & Daulet Nurbayev, Review of the Monograph by V.A. Gusev, V.F. Lugovik, Theory of Operational Search Procedures, 17 OMSK U. BULL. 133 (2020). (2020).

John Linarelli (with Sue Arrowsmith & Don Wallace Jr.), REGULATING PUBLIC PROCUREMENT: NATIONAL AND INTERNATIONAL PERSPECTIVES (2000), was cited in, Tebogo Makube, The Importance of Using Different Methods of Analysis in Dealing With the Challenges of Collusive Tendering and Other Forms of Corruption in the South African Public Procurement System, 6 AFRICAN PUBLIC PROCUREMENT L.J. 42 (2019).

John Linarelli, International Trade Relations and the Separation of Powers Under the United States Constitution, 13 DICK. J. INT'L L. 203 (1995), was cited in, Kathleen Claussen, Trade's Security Exceptionalism, 72 STAN. L. REV. 1097 (2020).

Jorge R. Roig, Can DNA Be Speech?, 34 CARDOZO ARTS & ENT. L.J. 163 (2016), was cited in, Max I. Fiest, Why a Data Disclosure Law Is (Likely) Unconstitutional, 43 COLUM. J.L. & ARTS 517 (2020).

Patricia E. Salkin (& Zachary Kansler), Medical Marijuana Meets Zoning: Can You Grow, Sell, and Smoke That Here?, 62 PLAN. & ENVTL. L. 3 (2010); Patricia E. Salkin (& Zachary Kansler), Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance and Federal Quiet Acquiescence, 16 DRAKE J. AGRIC. L. 295 (2011); and Patricia E. Salkin, Archive for the ‘Medical Marijuana’ Category, L. LAND: LOG ON LAND USE L. & ZONING (last visited Oct. 23, 2019), were cited in, Kyle A. Harvey, Even Marijuana Needs A Zone: Utah's H.B. 3001 As the Next Battleground for Zoning Ordinances and State Medical Marijuana Laws, 34 BYU J. Pub. L. 43 (2020).

Patricia E. Salkin, AM. LAW ZONING (5th ed. 2018) & 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, Kevin Perron, "Zoning Out" Climate Change: Local Land Use Power, Fossil Fuel Infrastructure, and the Fight Against Climate Change, 45 COLUM. J. ENVTL. L. 573 (2020).

Patricia E. Salkin, AM. LAW OF ZONING (5th ed. 2008), was cited in, Stewart E. Sterk & Michael C. Pollack, A Knock on Knick's Revival of Federal Takings Litigation, 72 FLA. L. REV. 419 (2020).

Patricia E. Salkin, AM. LAW OF ZONING (5th ed. 2019), was cited in, Heather Elliott, Associations and Cities As (Forbidden) Pure Private Attorneys General, 61 WM. & MARY L. REV. 1329 (2020).

Patricia E. Salkin, AM. LAW OF ZONING (5th ed. 2015), was cited in, Willan v. Cty. of Dane, 2020 U.S. Dist. LEXIS 92086 (W.D. Wis. May 27, 2020).

Douglas D. Scherer (& William E. Nelson), Fighting for the City: A History of the New York City Corporation Counsel, 25 TOURO L. REV. 989 (2009), was cited in, Katrina M. Wyman, Danielle Spiegel-Feld, The Urban Environmental Renaissance, 108 Cal. L. Rev. 305 (2020).

Martin A. Schwartz (& Erwin Chemerinsky, Joan Biskupic & Leon Friedman), Twenty-Second Annual Supreme Court Overview: October 2019 Term: The Supreme Court 2009 Term Overview and 2010 Term Preview, 27 TOURO L. REV. 33 (2011), was cited in, Christian Ketter, The NFL Player, the Schoolchild, and the Entertainer: When the Term "Free Speech" Is Too Freely Spoken, Exactly "Who's on First?" First Amendment Speech Protections and State Actors: The Haves and the Have Nots, 68 CLEV. ST. L. REV. 421 (2020).

Martin A. Schwartz, SEC. 1983 LITIG. CLAIMS & DEFENSES (4th Edition 2020-1 Supp.), was cited in, Couser v. Gay, 2020 U.S. App. LEXIS 16386 (10th Cir. May 22, 2020).

Marjorie A. Silver, Emotional Competence and the Lawyer’s Journey, in THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION (Marjorie A. Silver, ed., Carolina Academic Press 2007); Marjorie A. Silver, Emotional Intelligence and Legal Education, 5(4) PSYCHOL., PUB. POL’Y & L. 1173 (1999); and Marjorie A. Silver, Commitment and Responsibility: Modeling and Teaching Professionalism Pervasively, 14 WIDENER L.J. 329 (2004), were cited in, EDUCATING FOR WELL-BEING IN LAW POSITIVE PROFESSIONAL IDENTITIES AND PRACTICE (Caroline Strevens & Rachael Field, eds., Routledge 2020).

Dan Subotnik (& Glen Lazar), Deconstructing the Rejection Letter: A Look at Elitism in Article Selection, 49 J. LEGAL EDUC. 601 (1999), was cited in, Stephen Thomson, Letterhead Bias and the Demographics of Elite Journal Publications, 33 HARV. J.L. & TECH. 203 (2019).

Sol Wachtler, Dred Scott Raises Its Ugly Head Again, N.Y.L.J. (Mar. 12, 2019), was cited in, Thomas J. Freeman et. al., Janus and the Future of Collective Bargaining: Rhetorically Predicting A First Amendment Right to Negotiation, 11 WM. & MARY BUS. L. REV. 609 (2020).

Downloads:

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

Richard Klein, 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 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.

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

Michael Lewyn, is currently in the top 10% of Authors on SSRN by all-time downloads.

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

John Linarelli, is currently in the top 10% of Authors on SSRN by all-time downloads.

Patricia E. Salkin, is currently in the top 10% of Authors on SSRN by total new downloads within the last 12 months.

Mentions:

Samuel J. Levine, was mentioned in, Roger P. Alford, The Professor as Institutional Entrepreneur, 47 PEPP. L. REV. 269 (2020).