Faculty Accomplishments - November 2021

November 2021

Publications:

Rory Bahadur, Quantifying the Impact of Academic Attrition Rates on Bar Exam Success at Individual Schools, 99 U. DET. MERCY L. REV. ONLINE 1 (2021).

Sara Berman (with Steven J. Bracci), STEP-BY-STEP GUIDE TO CONTRACTS (2021).

Sara Berman (with Steven J. Bracci), STEP-BY-STEP GUIDE TO CRIMINAL LAW (2021).

Sara Berman (with Steven J. Bracci), STEP-BY-STEP GUIDE TO TORTS (2021).

Tal Kastner, Scrivener’s Error or Systemic Issue?, N.Y.L.J. (Nov. 23, 2021).

Michael Lewyn, Land Costs and Housing Costs, PLANETIZEN (Nov. 18, 2021).

Michael Lewyn, The “Outer Boroughs” Myth, MARKET URBANISM (Nov. 10, 2021).

Michael Lewyn, Sun and Parks, PLANETIZEN (Nov. 10, 2021).

Martin Schwartz, When Do Police Fabrication of Evidence Claims Accrue?, N.Y.L.J. (Nov. 3, 2021).

Sol Wachtler, Here’s How Fox News Can Honor Veterans: Stop Lying, TIMES UNION (Nov. 10, 2021).

Presentations:

Samuel Levine, presenter, Was Yoseph on the Spectrum?, co-sponsored by: Stroum Center for Jewish Studies; Disability Studies Program; Disability and D/deaf Cultural Center; and the Haring Center for Inclusive Education, Hillel, University of Washington (Nov. 16, 2021).

Samuel Levine, presenter, Was Yoseph on the Spectrum?, Innovation and Business Group (Nov. 10, 2021).

Samuel Levine, presenter (with John Elder Robison), Was Joseph (the Forefather) on the Spectrum?, Jewish Law Institute, Touro Law Center (Nov. 4, 2021).

Sharon Pocock, presenter, The Role of the Series in Blurring the Lines between Detective Fiction and Traditional, or Modern, Novels, Detective Fiction Panel “Revisiting and Revising Genre Forms,” Mid-Atlantic Popular & American Culture Association (Nov. 10-13, 2021).

Michelle Zakarin, Field X Entrepreneurship Class, Harvard Business School (Nov. 9, 2021).

Michelle Zakarin, moderator, Careers in Cyber Law, Cyber Law Society Virtual Panel, Touro Law Center (Nov. 8, 2021).

Media:

Rodger Citron, moderator & presenter, A Conversation about Opioid Litigation with Professor Adam Zimmerman, TOURO LAW REVIEW BLOG (Nov. 18, 2021).

Richard Klein, was interviewed in, Attorney General Releases Transcripts from Cuomo Harassment Probe, NEWS 12 (Nov. 10, 2021).

Samuel Levine, was interviewed in, THE EMPOWERED WHISTLEBLOWER PODCAST (Nov. 11, 2021).

Patricia Salkin, was interviewed in, Lora Shinn, Create a More Amazing Brain, 73 PREVENTION 38 (2021).

Citations:

Harold Abramson, A Fifth Branch of Government: The Private Regulators and Their Constitutionality, 16 HASTINGS CONST. L.Q. 165 (1989), was cited in, Joanna R. Schacter, Delegating Safety: Boeing and the Problem of Self-Regulation, 30 CORNELL J.L. & PUB. POL'Y 637 (2021).

Harold Abramson, MEDIATION REPRESENTATION: ADVOCATING IN A PROBLEM-SOLVING PROCESS (2004), was cited in, Wendy Baudoin, Educational Adequacy Challenges: The Impact on Minnesota Charter Schools, 47 MITCHELL HAMLINE L. REV. 1 (2021).

Tiffany C. Graham, Obergefell and Resistance, 84 UMKC L. REV. 715 (2016), was cited in, Jordan Carr Peterson, The Walking Dead: How the Criminal Regulation of Sodomy Survived Lawrence v. Texas, 86 MO. L. REV. 857 (2021).

Tal Kastner, The Persisting Ideal of Agreement in an Age of Boilerplate, 35 L. & SOC. INQUIRY 793 (2010), was cited in, Orly Lobel, Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance, MINNESOTA L. REV. (2021).

Deseriee Kennedy, Children, Parents & the State: The Construction of a New Family Ideology, 26 BERKELEY J. GENDER L. & JUST. 78 (2011), was cited in, Shanta Trivedi, My Family Belongs to Me: A Child's Constitutional Right to Family Integrity, 56 HARV. C.R.-C.L. L. REV. 267 (2021).

Deseriee Kennedy, “The Good Mother”: Mothering, Feminism, and Incarceration, 18 WM. & MARY J. WOMEN & L. 161 (2012), was cited in, Shanta Trivedi, My Family Belongs to Me: A Child's Constitutional Right to Family Integrity, 56 HARV. C.R.-C.L. L. REV. 267 (2021).

Richard Klein, An Analysis of Thirty-Five Years of Rape Reform: A Frustrating Search for Fundamental Fairness, 41 Akron L. Rev. 981 (2008), was cited in, Michelle Xiao Liu, Alexandra K. Creel Benton, Beyond Belief: How the "Corroboration Rule" in Malawi Obstructs Justice for Victims of Sex Crimes and Discriminates against Women and Girls on the Basis of Sex - A Call for Legislative Change, 40 COLUM. J. GENDER & L. 408 (2021).

Samuel Levine, Bob Dylan and the Law Foreword, 38 FORDHAM URB. L.J. 1267 (2011), was cited in, Randall H. Paulsen & Don R. Lipsitt, The Arc of the Enduring Bridge between Psychoanalysis and Medicine, in APPLYING PSYCHOANALYSIS IN MEDICAL CARE (2021).

Samuel Levine (with 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 Levine, Disciplinary Regulation of Prosecutorial Discretion: What Would a Rule Look Like?, 16 OHIO ST. J. CRIM. L. 347 (2019); and Samuel 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), were cited in, Wayne R. LaFave, Jerold H. Israel, Nancy J. King, & Orin S. Kerr, CRIMINAL PROCEDURE (4th ed., Nov. 2021 Update).

Samuel Levine, The Law and the “Spirit of the Law”, 2015 J. PROF. LAW. 1 (2015), was cited in, Lynn Vos & Ross Brennan, TEACHING MARKETING (2021).

Samuel Levine, Teshuva: A Look at Repentance, Forgiveness and Atonement in Jewish Law and Philosophy and American Legal Thought, 27 FORDHAM URB. L.J. 1677 (2000), was cited in, James Hoffman Jr., Seeking Forgiveness in Marriage: A Qualitative Study (Oct. 2021) (Ph.D. dissertation, Capella University).

Samuel Levine, WAS YOSEF ON THE SPECTRUM? (2018), was cited in, Geoff Weber, Entrepreneurship Panel, Stanford Neurodiversity Summit (Nov. 11, 2021).

Michael Lewyn, The Urban Crisis: Made in Washington, 4 J.L. & POL'Y 513 (1996), was cited in, Priya Baskaran, Thirsty Places, 2021 UTAH L. REV. 501 (2021).

Michael Lewyn, New Urbanist Zoning for Dummies, 58 ALA. L. REV 257 (2004), was cited in, Jessica Wakefield, Attaining Criminal Law Ends through Environmental Means, 11 ARIZ. J. ENVTL. L. & POL'Y 228 (2021).

Michael Lewyn, New Urbanist Zoning for Dummies, 58 ALA. L. REV 257 (2006), was cited in, Kenneth A. Stahl, Incorporating Transportation Topics into the Land Use Curriculum, 106 IOWA L. REV. 2451 (2021).

Michael Lewyn, The Obama Administration's Parting Shot, 45 REAL EST. L.J. 598 (2017), was cited in, Ezra Rosser, The Euclid Proviso, 96 WASH. L. REV. 811 (2021).

John Linarelli, Luck, Justice and Systemic Financial Risk, 34 J. APPLIED PHIL. 1 (2015), was cited in, Haowen Chen, Analysis of Influencing Factors of Financial Market Volatility Based on Cluster Analysis, MOBILE INFO. SYS. (Nov. 3, 2021).

John Linarelli, Luck, Justice and Systemic Financial Risk, 34 J. APPLIED PHIL. 1 (2015), was cited in, Liu Yixin & Zhang Miao, Research on Financial Management of Guangdong-Hong Kong-Macao Greater Bay Area based on LS-SVM Algorithm and Multi-Model Fusion, ANNALS OPERATIONS RES. (Nov. 17, 2021).

John Linarelli, Luck, Justice and Systemic Financial Risk, 34 J. APPLIED PHIL. 1 (2015), was cited in, Jiangning Cao, Analysis of the Fluctuation of Bank Interest Rate Based on Computer Statistical Model and Machine Learning, J. SENSORS (Nov. 18, 2021).

John Linarelli (with Sue Arrowsmith & Don Wallace Jr), REGULATING PUBLIC PROCUREMENT: NATIONAL AND INTERNATIONAL PERSPECTIVES (2000), was cited in, Richard Craven, Managing Dissonance: Bureaucratic Justice and Public Procurement, 15 REG. & GOVERNANCE (Nov. 3, 2021).

Laura Ross (with Dan Subotnik), Scholarly Incentives, Scholarship, Article Selection Bias, and Investment Strategies for Today's Law Schools, 30 TOURO L. REV. 615 (2014), was cited in, Christopher J. Ryan, Jr. & Meghan Dawe, Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 GEO. J. LEGAL ETHICS 567 (2021).

Tracy Norton (with Tessa L. Dysart), LAW TEACHING STRATEGIES FOR A NEW ERA: BEYOND THE PHYSICAL CLASSROOM (2021), was cited in, David Lat, Lat's Legal Library (11.2021): Laboratories Of... Something, ORIGINAL JURISDICTION (Nov. 24, 2021).

Patricia Salkin, AMERICAN LAW OF ZONING (2021), was cited in, R.I. Sch. of Design v. Begin, 2021 R.I. Super. LEXIS 83 (Super. Ct. Nov. 12, 2021).

Patricia Salkin, AMERICAN LAW OF ZONING (5th ed. 2020), was cited in, Dustin Romney, From "Hearing" to Listening: Access to Justice and Indirect Displacement, 110 GEO. L.J. 151 (2021).

Patricia Salkin, AMERICAN LAW OF ZONING (2020), was cited in, Emily McWey, Natural Rights, the Constitution, and Modern Land Use Regulation: Traditionalist Insights for the Affordable Housing Crisis, 51 CUMB. L. REV. 69 (2021).

Patricia Salkin, A Quiet Crisis in America: Meeting the Affordable Housing Needs of the Invisible Low-Income Healthy Seniors, 16 GEO. J. ON POVERTY L. & POL'Y 285 (2009), was cited in, Alexander A. Boni-Saenz, Age Diversity, 94 S. CAL. L. REV. 303 (2021).

Martin Schwartz, SECTION 1983 LITIGATION: CLAIMS AND DEFENSES (2011) & Martin Schwartz (with Karen Blum & Erwin Chemerinsky), Qualified Immunity Developments: Not Much Hope Left for Plaintiffs, 29 TOURO L. REV. 633 (2013), were cited in, Hon. Cathy Bissoon, Hon. Benita Y. Pearson & Hon. David A. Sanders, From the KKK to George Floyd: Three Judges Explore Qualified Immunity, 22 SEDONA CONF. J. 533 (2021).

Martin Schwartz, SECTION 1983 LITIGATION (3d ed. 2014), was cited in, Aisha Green, Comparing Dadd v. Anoka County with Corbitt v. Vickers: Why Defendants Should Bear the Burden of Establishing Qualified Immunity in A Motion to Dismiss, 70 AM. U. L. REV. 2091 (2021).

Martin Schwartz, The Supreme Court's “Double Deference” to Police Use of Force, 2 J. PLI PRESS 205 (2018), was cited in, F. Andrew Hessick & Katherine C. Richardson, Qualified Immunity Laid Bare, 56 WAKE FOREST L. REV. 501 (2021).

Gary Shaw, A Heretical View of Teaching: A Contrarian Look at Teaching, the Carnegie Report, and Best Practices, 28 TOURO L. REV. 1239 (2012), was cited in, Jamie R. Abrams, Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, 49 HOFSTRA L. REV. 897 (2021).

Marjorie Silver, Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2002); Marjorie Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 CLINICAL L. REV. 259 (1999); and Marjorie Silver (Sanford Portnoy & Jean Koh Peters), Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship: A Panel Discussion, 19 TOURO L. REV. 847 (2004), were cited in, Laila L. Hlassa & Lindsay M. Harris, Critical Interviewing, 2021 UTAH L. REV. 683 (2021).

Dan Subotnik (with Laura Ross), Scholarly Incentives, Scholarship, Article Selection Bias, and Investment Strategies for Today's Law Schools, 30 TOURO L. REV. 615 (2014), was cited in, Christopher J. Ryan, Jr. & Meghan Dawe, Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 GEO. J. LEGAL ETHICS 567 (2021).

Sol Wachtler, Here's How Fox News Can Honor Vets: Stop Lying, TIMES UNION (Nov. 10, 2021), was cited in, Paul Fisk, Fox News, Far Right Damaging Country in Terrifying Ways, TIMES UNION (Nov. 10, 2021).

Sol Wachtler, Our Constitutions--Alive and Well, 61 ST. JOHN'S L. REV. 381 (1987), was cited in, Daniel Polonsky, Equal Protection Through State Constitutional Amendment, 56 HARV. C.R.-C.L. L. REV. 413 (2021).