About
December 2016
Publications:
Samuel J. Levine, 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).
Ilene Cooper, The Close of 2016 Provides Useful Instruction; Trusts and Estates Update, N.Y.L.J., Dec. 9, 2016.
Appointments & Honors:
Samuel J. Levine will be receiving this year's Sanford D. Levy Award from the New York State Bar Association's Committee on Professional Ethics in January
Meredith Miller, was appointed as a member of the LGBT Commission, a new commission created by Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks of the New York State Unified Court System to address LGBT concerns within the justice system and the legal profession, Dec. 14, 2016
Presentations:
Tracy McGaugh Norton, organized & hosted, Legal Writing Institute’s (first online) Workshop, Preparing Students for Law Practice in the Digital Age, Touro Law Center, Dec. 16, 2016
Jack Graves, presented, Teaching 21st Century Lawyering Course, Legal Writing Institute’s Workshop: Preparing Students for Law Practice in the Digital Age, Touro Law Center, Dec. 16, 2016
Sharon Pocock, presented, Preparing Students to Pass the Bar Exam (and Improving Analysis and Writing) Throughout Law School, Legal Writing Institute Conference: Preparing Practice Ready Students, Drake University Law School, Dec. 8, 2016
Michelle Zakarin & Kimberly Holst, presented, Creating and Teaching an Online Course, Legal Writing Institute’s Workshop: Preparing Students for Law Practice in the Digital Age, Touro Law Center, Dec. 16, 2016
Media Appearances:
Harry Ballan, was quoted in Karen Sloan & Jeff Storey, Flat Enrollment Overall Masks Wide Swings among Programs, N.Y.L.J., 12/23/16 at 1, col. 3
Richard Klein, was quoted in, Siobhan Becker, Big Business Boycotts not Likely to Succeed, LIBN, 12/5/16 (assessing the likelihood of successful consumer boycotts by those who were opposing the candidacies of Hillary Clinton and Donald Trump)
Richard Klein, was quoted in, Thomas MacMillan, New Phase in Patz Trial, WALL ST. J., 12/5/16 at A14B (discussing prosecutorial tactics in the retrial of Pedro Hernandez for the murder of Etan Patz)
Richard Klein, was quoted in, Eddie Small, Case against Bronx Court for Excessive Delays Hits Snag, DNA INFO (Dec. 23, 2016)
Citations:
Fabio Arcila, Jr., In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause, 10 U. PA. J. CONST. L. 1 (2007), was cited in Cynthia H. Conti-Cook, Defending the Public: Police Accountability in the Courtroom, 46 SETON HALL L. REV. 1063 (2016).
Fabio Arcila, Jr., The Death of Suspicion, 51 WM. & MARY L. REV. 1275 (2010), was cited in Wayne A. Logan & Andrew Guthrie Ferguson, Policing Criminal Justice Data, 101 MINN. L. REV. 541 (2016).
Myra E. Berman, Portals to Practice: A Multidimensional Approach to Integrating Experiential Education into the Traditional Law School Curriculum, 1 J. EXPERIENTIAL LEARNING 157 (2015), was cited in Alyson M. Drake, The Need for Experiential Legal Research Education, 108 LAW LIBR. J. 511 (2016).
Eileen Kaufman, Other Civil Rights Decisions in the October 2005 Term: Title VII, IDEA, and Section 1981, 22 TOURO L. REV. 1059 (2007), was cited in Alix Valenti, University of Texas Southwestern Medical Center v. Nassar: Will Plaintiffs' Claims of Retaliation Be More Difficult to Prove?, 16 ATLANTIC L.J. 95 (2014).
Eileen Kaufman, Deference or Abdication: A Comparison of the Supreme Courts of Israel and the United States in Cases Involving Real or Perceived Threats to National Security, 12 WASH. U. GLOBAL STUD. L. REV. 95 (2013), was cited in Daniel Ortner, The Terrorist's Veto: Why the First Amendment Must Protect Provocative Portrayals of the Prophet Muhammad, 12 NW. J. L. & SOC. POL'Y 1 (2016).
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, Erick Kuylman, A Constitutional Defense of "Yes Means Yes"-California's Affirmative Consent Standard in Sexual Assault Cases on College Campuses, 25 S. CAL. REV. L. & SOC. JUST. 211 (2016) & Erin Gardner Schenk, David L. Shakes, Into the Wild Blue Yonder of Legal Representation for Victims of Sexual Assault: Can U.S. State Courts Learn from the Military?, 6 U. DENV. CRIM. L. REV. 1 (2016).
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 Elizabeth Slater, A Legal and Ethical Puzzle: Defense Counsel as Quasi Witness, 85 FORDHAM L. REV. 1427 (2016).
Richard Klein, The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right of Effective Assistance of Counsel, 13 HASTINGS CONST. L.Q. 625 (1986), was cited in Sara Sun Beale & Richard E. Myers II, The Constitution v. the Convention: The Evolution of the Court-Mandated Right to Counsel in the United States and Europe, 27 DUKE J. COMP. & INT'L L. 1 (2016).
Samuel J. Levine, Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility Through a Perspective of Jewish Law and Ethics, 57 CATHOLIC U. L. REV. 165 (2007), was cited in Shlomo Pill, Jewish Law Antecedents to American Constitutional Thought, 85 MISS. L.J. 643 (2016).
Samuel J. Levine, Judicial Rhetoric and Lawyers' Roles, 90 NOTRE DAME L. REV. 1989 (2015), was cited in Joshua A. Liebman, Dishonest Ethical Advocacy?: False Defenses in Criminal Court, 85 FORDHAM L. REV. 1319 (2016).
Samuel J. Levine, Recent Applications of the Supreme Court's Hands-Off Approach to Religious Doctrine: From Hosanna-Tabor and Holt to Hobby Lobby and Zubik, in LAW, RELIGION, AND HEALTH IN THE UNITED STATES (Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper, eds., 2017), was recently listed on SSRN's Top Ten download list for: Law & Religion eJournal.
Samuel J. Levine, Teaching Jewish Law in American Law Schools - Part II: An Annotated Syllabus, 2 CHI.-KENT J. INT’L & COMP. L. 1 (2002), was recently listed on SSRN's Top Ten download list for: Judaism eJournal.
Samuel J. Levine, 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 recently listed on SSRN's Top Ten download list for: Ethics eJournal; Legal Ethics & Professional Responsibility eJournal; LSN: Procedure (Sub-Topic); PRN: Applied Ethics (Topic); PRN: Legal Theories, Policies & Practices, Law & Society (Topic); PRN: Business & Professional Ethics (Sub-Topic) & AARN: The Legal Profession (Topic).
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 Bruce Green & Ellen Yaroshefsky, Prosecutorial Accountability 2.0, 92 Notre Dame L. Rev. 51 (2016) & was mentioned in, Green & Levine on Disciplining Prosecutors for Abuse Discretion, CRIMPROF BLOG (Dec. 15, 2016)
Michael Lewyn, was mentioned in, Michael Valenza, From the Editor-in-Chief, 45 REAL EST. L.J. 285 (2016).
Michael Lewyn, “The Puzzling Persistence of Horizontal Privity,” 27-JUN Prob. & Prop. 32 (May/June 2013), was cited in, PROPERTY PROVISIONS OF THE JOINT OPERATING AGREEMENT, 2016 NO. 6 RMMLF-INST PAPER NO. 4, 4-79.
Patricia E. Salkin & Amy Lavine, Negotiating for Social Justice and the Promise of Community Benefits Agreements: Case Studies of Current and Developing Agreements, 17 J. AFFORDABLE HOUSING & COMMUNITY DEV. L. 113 (2008), was cited in Olatunde C.A. Johnson, Inclusion, Exclusion, and the "New" Economic Inequality, 94 TEX. L. REV. 1647 (2016).
Patricia E. Salkin, Can You Hear Me Up There? Giving Voice to Local Communities Imperative for Achieving Sustainability, 4 ENVT'L & ENERGY L & POL'Y J. 256 (2009), was cited in Adam J. Sulkowski, City Sustainability Reporting: An Emerging & Desirable Legal Necessity, 33 PACE ENVTL. L. REV. 278 (2016).
Patricia E. Salkin & Charles Gottlieb, Engaging Deliberative Democracy at the Grassroots: Prioritizing the Effects of the Fiscal Crisis in New York at the Local Government Level, 39 FORDHAM URB. L.J. 727 (2012), was cited in Daniel Chase Fishbein, 300 Governments: Understanding Intermunicipal Collaboration in Nassau County, NY and Policies of "Forced Efficiency" in New York State, 32 TOURO L. REV. 535 (2016).
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), was cited in Lora A. Lucero, 39 Zoning and Planning Law Reports 1 (June 2016).
Patricia E. Salkin, Zoning and Land Use Planning: Effective Disaster Mitigation Depends upon Well-Coordinated Local Land Use Planning and Zoning, 34 REAL EST. L.J. 108 (2005), was cited in Troy A. Rule, Drone Zoning, 95 N.C. L. REV. 133 (2016).
Patricia E. Salkin, AM. LAW. ZONING (5th ed. 2015) & Patricia E. Salkin, N.Y. ZONING LAW & PRAC. (4th ed. 2015), were cited in Lara Major, There's No Place Like (Your) Home: Evaluating Existing Models and Proposing Solutions for Room-Sharing Regulation, 53 SAN DIEGO L. REV. 469 (2016).
Patricia E. Salkin, Zoning and Land Use Planning: Michigan Supreme Court Overturns Eminent Domain Case, 33 REAL ESTATE L.J. 478 (2005), was cited in Dwight Merriam, Time to Make Lemonade from the Lemons of the Kelo Case, 48 CONN. L. REV. 1569 (2016).
Patricia Salkin, The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, 27 J. LAND USE & ENVTL. L. 339 (2012), was cited in Jianlin Chen, Optimal Property Rights for Emerging Natural Resources: A Case Study on Owning Atmospheric Moisture, 50 U. MICH. J.L. REFORM 47 (2016).
Martin A. Schwartz, SECTION 1983 LITIGATION (Kris Markarian ed., 3d ed. 2014), was cited in Stephen I. Vladeck, The Demise of Merits-Based Adjudication in Post-9/11 National Security Litigation, 64 DRAKE L. REV. 1035 (2016).
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 Kit Kinports, Heien's Mistake of Law, 68 ALA. L. REV. 121 (2016).
Marjorie A. Silver, Bernard Wolfman & Jonathan L.F. Silver, DISSENT WITHOUT OPINION: THE BEHAVIOR OF JUSTICE WILLIAM O. DOUGLAS IN FEDERAL TAX CASES (1975), was cited in Greg Goelzhauser, Silent Concurrences, 31 CONST. COMMENT. 351 (2016).
Marjorie A. Silver, THE AFFECTIVE ASSISTANCE OF COUNSEL PRACTICE LAW AS A HEALING PROFESSION (2007), was cited in Carol L. Zeiner, Should Therapeutic Jurisprudence Be Used to Analyze Impacts of Legal Processes on Government?, 28 ST. THOMAS L. REV. 1 (2015).
Theodore Silver, The Case for a Post-Mortem Organ Draft and A Proposed Model Organ Draft Act, 68 B.U. L. REV. 681 (1988), was cited in Emily Largent, Nota: Not A Good Act for Tissues to Follow, 19 QUINNIPIAC HEALTH L.J. 179 (2016).
Dan Subotnik, ‘‘Hands off”: Sex, Feminism, Affirmative Consent, and the Law of Foreplay, 16 S. CAL. REV. L. & SOC. JUST. 249 (2007), was cited in Erick Kuylman, A Constitutional Defense of "Yes Means Yes"-California's Affirmative Consent Standard in Sexual Assault Cases on College Campuses, 25 S. CAL. REV. L. & SOC. JUST. 211 (2016).
Dan Subotnik, Copulemus in Pace: A Meditation on Rape, Affirmative Consent to Sex, and Sexual Autonomy, 41 AKRON L. REV. 847 (2008), was cited in Alexander A. Boni-Saenz, Sexual Advance Directives, 68 ALA. L. REV. 1 (2016).