Content Posted in 2012 | Digital Commons @ Touro Law Center | Touro College Jacob D. Fuchsberg Law Center Research

Skip to main content

Content Posted in 2012

1998 Survey of Ethics in Land-Use Planning, Patricia E. Salkin

2009 Ethical Considerations in Land Use, Patricia E. Salkin

Abandonment, Discontinuance and Amortization of Nonconforming Uses: Lessons for Drafters of Zoning Regulations, Patricia E. Salkin

A Comparative Analysis of the Jewish Law and the Secular Perspective on International Human Rights (part of the article, “Human Rights in the Bible, an Exchange of Ideas”)., Richard Klein and Chaim Povarsky

A Demanding Boss, Rodger D. Citron

Affordable Housing: Update on Federal and State Activities, Patricia E. Salkin

A Group Home Exclusively for Married Couples with Developmental Disabilities: A Natural Next-Step, Marissa DeBellis

A Heretical View of Teaching: A Contrarian Looks at Teaching, the Carnegie Report, and Best Practices, Gary Shaw

A Look at the Establishment Clause Through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers, Samuel J. Levine

Ambiguity in the Realm of Defamation: Rhetorical Hyperbole or Provable Falsity? - Gorilla Coffee, Inc. v. New York Times Co., Tiffany Frigenti

An Age-Old Dilemma: Mandated Administration of Psychotropic Medication for Wards, Alyson J. Berman-Lonardo

Analysis of Videotape Evidence in Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, and Gail Donoghue

An Unappealing Decision for New York DWI Defendants - People v. Pealer, Christopher Gavin

A Passion for Justice, Charles A. Reich

Appellate Division, First Department - Larabee v. Governor of the State , Daniel G. De Pasquale

Appellate Division, First Department - Parkhouse v. Stringer, Alyssa Dunn

Appellate Division, First Department - People v. Boyd, Joseph M. D'Amico

Appellate Division, First Department - People v. Martinez, Jean K. Delisle

Appellate Division, First Department - People v. Williams, Brian E. Peterson

Appellate Division, Fourth Department - In re Heckl, Michael Prisco

Appellate Division, Fourth Department - People v. Buchanan, Jacqulyn Vann

Appellate Division, Second Department - Goldstein v. New York State Urban Development Corp. , Melissa B. Schlactus

Appellate Division, Third Department - People v. Devone , Gregory Zak

Appellate Division, Third Department - People v. Mabeus , Christina Pinnola

Appellate Division, Third Department - People v. Perkins , Brian Shupak

Applying the Doctrine of Work for Hire and Joint Works to Website Development, Han Sheng Beh

A Quiet Crisis in America: Meeting the Affordable Housing Needs of the Invisible Low-Income Healthy Seniors, Patricia E. Salkin

A Tribute to Judge Lazer, Rena C. Seplowitz

Beware: What You Say to Your [Government] Lawyer May Be Held Against You - The Erosion of Government Attorney-Client Confidentiality, Patricia E. Salkin

Bob Dylan on Lenny Bruce: More of an Outlaw Than You Ever Were, Louise Harmon

Bribery in the Judiciary: Rethinking Recusal and Judicial Elections in the Wake of Caperton v. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein

Bridging the Law School Learning Gap through Universal Design, Jennifer Jolly-Ryan

Buying a Digital Download? You May Not Own the Copy You Purchase, Jennifer Lahm

Can Urban University Expansion and Sustainable Development Co-Exist?: A Case Study in Progress on Columbia University, Patricia E. Salkin and Keith H. Hirokawa

Can You Hear Me Up There? Giving Voice to Local Communities Imperative for Achieving Sustainability, Patricia E. Salkin

Community Benefits Agreements and Comprehensive Planning: Balancing Community Empowerment and the Police Power, Patricia E. Salkin and Amy Lavine

Community Redevelopment, Public Use, and Eminent Domain, Patricia E. Salkin and Lora A. Lucero

Condoms: The New Medium of Expression Protected by the First Amendment- People V. Andujar, Leodyne Calixte

Constitutional Concerns About Capital Punishment: The Death Penalty Statute in New York State, Richard Klein

Constitutional Litigation under Section 1983 and the Bivens Doctrine in the October 2008 Term, Martin A. Schwartz

Contract and Dispossession, Deborah W. Post

Contracting Law, Deborah Waire Post, Amy Hilsman Kastely, Nancy Ota, and Sharon K. Hom

Cooperative Federalism and Wind: A New Framework for Achieving Sustainability, Patricia E. Salkin and Ashira Ostrow

Counterparts in Modern Policing: The Influence of Corporate Investigators on the Public Police and a Call for the Broadening of the State Action Doctrine, Sean James Beaton

County Court of New York, Essex County - People v. Bordeau , Daniel J. Evers

County Court of New York, Westchester County - People v. Zherka , Michelle Kliegman

Court Litigation over Arbitration Agreements: Is it Time for a New Default Rule?, Jack Graves

Court of Appeals of New York - Giaquinto v. Comm’r of New York State Dep’t of Health, Heather Wine

Court of Appeals of New York - In re Suarez, Malaika Makembe

Court of Appeals of New York - People v. Brown , Madeline Zuckerman

Court of Appeals of New York - People v. Davis , Melissa B. Schlactus

Court of Appeals of New York - People v. Fuentes , Pamela Cullington

Court of Appeals of New York – People v. Hall, Christopher Shishko

Court of Appeals of New York - People v. Knox , Christina Pinnola

Court of Appeals of New York - People v. Leon, Madeline Katz and Madeline Klotz

Court of Appeals of New York - People v. Luciano, Natasha Shishov

Court of Appeals of New York - People v. Romeo , Allison L. Rowley

Court of Appeals of New York - People v. Umali, Andrew J. VanSingel

Court of Appeals of New York - People v. Weaver , Michelle Kliegman

Court of Appeals of New York - People v. White, Rosalinde Casalini

Crime Doesn't Pay and Neither Do Conflicts of Interest in Land Use Decisionmaking, Patricia E. Salkin

Criminal Court of the City New York, Kings County - People v. Kuffuor-Afriyie , Anna V. Boudakova

Criminal Court of the City of New York, New York County - People v. Duran , Christine M. Cusumano

Cross-Cultural Readings of Intent: Form, Fiction, and Reasonable Expectations, Deborah Waire Post

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Do Automobile Passengers Have a Legitimate Expectation of Privacy? An Analysis of Reasonable Expectation Under The Fourth Amendment - People v. Howard, Lisa Belrose

Do Law Schools Mistreat Women Faculty? Or, Who’s Afraid of Virginia Woolf?, Dan Subotnik

Do Students Turn Over Their Rights When They Turn in Their Papers? A Case Study of Turnitin.com, Stephen Sharon

Eavesdropping Under New York and Federal Law: How New York is Departing from Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege, Patricia E. Salkin and Allyson Phillips

Eminent Domain Legislation Post-Kelo: A State of the States, Patricia E. Salkin

Employment Discrimination Decisions from the October 2008 Term, Drew S. Days III

Engaging Deliberative Democracy at the Grassroots: Prioritizing the Effects of the Fiscal Crisis in New York at the Local Government Level, Patricia E. Salkin and Charles Gottlieb

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Ensuring Public Trust at the Municipal Level: Inspectors General Enter the Mix, Patricia E. Salkin and Zachary Kansler

Ethical Considerations in Land Use Decision Making: 2006 Annual Review of Cases and Opinions, Patricia E. Salkin

Examining Land Use Planning and Zoning Ethics from a Planner’s Perspective: Lessons for All Stakeholders in the Real Estate Game, Patricia E. Salkin

Express Warranty of Fitness for a Particular Purpose: Extent of Overlap in Same Factual Context with Implied Warranty of Fitness for a Particular Purpose, Sidney Kwestel

Federal Governmental Power: Preemption from the October 2008 Term, Eileen Kaufman

Federal Governmental Power: The Voting Rights Act, Michael C. Dorf

Fortitude at Forty, or Why a Seemingly Content, Overly Ambitious, and Detrimentally Optimistic Forty-Something Year Old Decided to Upend His Life and Go to Law School

Fourth Amendment Stops, Arrests and Searches in the Context of Qualified Immunity, Erwin Chemerinsky and Karen M. Blum

From Bricks and Mortar to Mega-Bytes and Mega-Pixels: The Changing Landscape of the Impact of Technology and Innovation on Urban Development, Patricia E. Salkin

From Euclid to Growing Smart: The Transformation of the American Local Land Use Ethic Into Local Land Use and Environmental Controls, Patricia E. Salkin

Getting it Right, Eileen Kaufman

GIS in an Age of Homeland Security: Accessing Public Information to Ensure a Sustainable Environment, Patricia E. Salkin

God and the Land: A Holy War Between Religious Exercise and Community Planning and Development, Patricia E. Salkin and Amy Lavine

Good Faith: Balancing the Right to Manage with the Right to Represent, Suzanne Darrow-Kleinhaus

Government "Green" Requirements and "LEEDigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, and Susan Herendeen

Guns and Ammo: For Convicted Americans Viewing Pictures of Others Enjoying Their Constitutional Right to Bear Arms in a Magazine is the Closest They Will Ever Get to Seeing the Second Amendment at Work - People V. Hughes, Ronald P. Perry

Harry Potter, Scientology, and the Mysterious Realm of Copyright Infringement: Analyzing When Close is Too Close and When the Use is Fair, Rosalinde Casalini

Homosexuals, Equal Protection, and the Guarantee of Fundamental Rights in the New Decade: An Optimist’s Quasi-Suspect View of Recent Events and Their Impact on Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo

Honey, It’s all the Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin

How Improvements in Technology Have Affected the Entertainment Industry: Writers and Actors Fight for Compensation, Bernadette A. Safrath

How Metacognitive Deficiencies of Law Students Lead to Biased Ratings of Law Professors, Catherine J. Wasson and Barbara J. Tyler

How Suburbia Happened In Toronto, Michael Lewyn

Huntington, New York's Sex Offender Policy and the Intrastate Right to Travel, James Tierney

If It's Not Ripped, Why Sew It? An Analysis of Why Enhanced Intellectual Property Protection for Fashion Design is in Poor Taste, Kari Heyison

I’ll Take “Improper Declarations Of Mistrial” for $2,000.00: Applying the Protection Against Double Jeopardy - Robar v. Labuda, Daniel Fier

Imitation is the Sincerest Form of Flattery, But is it Infringement? The Law of Tribute Bands, Michael S. Newman

Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases, Martin A. Schwartz and John Nicodemo

Incomplete Protection: Exoneration Clauses in New York Trusts and Powers of Attorney, Ilene S. Cooper and Robert M. Harper

Indian Law Specialties in ABA Accredited Law Schools, April Schwartz and Mary Jo B. Hunter

Integrating Local Waterfront Revitalization into Local Comprehensive Planning and Zoning, Patricia E. Salkin

Introduction (Symposium on Municipal Liability), Patricia E. Salkin

"It's a Little Known Fact" that Copyright Law is in Conflict with the Right of Publicity, Madeline O'Connor

It’s In the Bag: Voluntariness, Scope, and the Authority to Grant Consent - United States v. Harris, Daniel Fier

Judging Ethics for Administrative Law Judges: Adoption of a Uniform Code of Judicial Conduct for the Administrative Judiciary, Patricia E. Salkin

Land Use Law and Active Living: Opportunities for States to Assume a Leadership Role in Promoting and Incentivizing Local Options, Patricia E. Salkin and Amy Lavine

Late Delivery--Measure of Damages, Sidney Kwestel

Law of the Land – Year in Review, Patricia E. Salkin

Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging, Michael E. Lackey Jr. and Joseph P. Minta

Leon Lazer: The Giant Among Us, Howard Glickstein

Life After Death: The Authority of Estate Fiduciaries to Dispose of Decedents' Reproductive Matter, Ilene S. Cooper and Robert M. Harper

Linking Land Use with Climate Change and Sustainability Topped State Legislative Land Use Reform Agenda in 2008, Patricia E. Salkin

Litigating Ethics Issues in Land Use: 2000 Trends and Decisions, Patricia E. Salkin

Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon

Making Out the Monell Claim under Section 1983, Karen M. Blum

Measure 37 and a Spoonful of Kelo: A Recipe for Property Rights Activists at the Ballot Box, Patricia E. Salkin and Amy Lavine

Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance and Federal Quiet Acquiescence, Patricia E. Salkin and Zachary Kansler

Modernization of New York's Land Use Laws Continues to Meet Growing Challenges of Sustainability, Patricia E. Salkin and Jessica A. Bacher

Municipal Ethics Remain a Hot Topic in Litigation: A 1999 Survey of Issues in Ethics for Municipal Lawyers, Patricia E. Salkin

Municipal Regulation of Formula Businesses: Creating and Protecting Communities, Patricia E. Salkin

National Performance Review: A Renewed Commitment to Strengthening the Intergovernmental Partnership, Patricia E. Salkin

Negotiating for Social Justice and the Promise of Community Benefits Agreements: Case Studies of Current and Developing Agreements, Patricia E. Salkin and Amy Lavine

New Paths for the Court: Protections Afforded Juveniles Under Miranda; Effective Assistance of Counsel; and Habeas Corpus Decisions of The Supreme Court’s 2010/2011 Term, Richard Klein

New York at a Crossroads: Sustaining a Government Reform Agenda on the Frontlines with Executive, Legislative and Judicial Reform Initiatives (Introduction to Symposium: Refinement or Reinvention: The State of Reform in New York), Patricia E. Salkin

New York Climate Change Report Card: Improvement Needed for More Effective Leadership and Overall Coordination with Local Government, Patricia E. Salkin

New York’s Grant of Greater Fifth Amendment Rights to Sexual Predators in SOMTA Proceedings - New York v. Suggs, Lina R. Carbuccia

New York’s Law Allowing Trafficked Persons to Bring Motions to Vacate Prostitution Convictions: Bridging the Gap or Just Covering it Up?, Whitney J. Drasin

No Protectable Property Interest in Making Land Use Decisions and Other Ethics in Land Use Issues 2009-2010, Patricia E. Salkin

Ode to Judge Leon D. Lazer, Martin A. Schwartz

On the Occasion of Leon Lazer’s 90th Birthday, Jeffrey B. Morris

Penalty Clauses and the CISG, Jack Graves

Play Your Part: Girl Talk's Indefinite Role in the Digital Sampling Saga, Shervin Rezaie

Practically Grounded: Convergence of Land Use Law Pedagogy and Best Practices, Patricia E. Salkin and John R. Nolan

Practicing on Purpose: Promoting Personal Wellness and Professional Values in Legal Education, Gretchen Duhaime

Professional Edge: For Your Listening, Viewing and Learning Pleasure: Professional Organizations Offer Convenient Webinars, Podcasts, and Videos for Career Development, April Schwartz

Race and the Doctrine of Self Defense: The Role of Race in Determining the Proper Use of Force to Protect Oneself, Richard Klein

Regional Foodsheds: Are Our Local Zoning and Land Use Regulations Healthy?, Patricia E. Salkin and Amy Lavine

Regional Planning in New York State: A State Rich in National Models, Yet Weak in Overall Statewide Planning Coordination, Patricia E. Salkin

Regulating Controversial Land Uses, Patricia E. Salkin

Relationships, the Rules of Professional Conduct and Land Use: Ethical Quagmires for Land Use Attorneys, Patricia E. Salkin

Rethinking Self-Incrimination, Voluntariness, and Coercion, Through a Perspective of Jewish Law and Legal Theory, Samuel J. Levine

Right of Access: How One Disability Law Disabled Another , Scott B. Mac Lagan

RLT: A Preliminary Examination of Religious Legal Theory as a Movement, Samuel J. Levine

Roving Border Patrols In New York – Sometimes the Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops and Consent Searches Based Upon Reasonable Suspicion - People v. Banisadr, Robert Mitchell

Sale of Goods Contract Not to be Performed Within a Year: Is the Uniform Commercial Code Statute of Frauds Provision Exclusive?, Sidney Kwestel

Satellites and Municipalities: One Town’s Use of Google Earth for Residential Surveillance, Edward Knoedler

Search and Seizure: New York vs. Federal Approach - People v. Keita, Tillie S. Mirman

Section 1983 Litigation: Post-Pearson and Post-Iqbal, Karen M. Blum

September 11th: Pro Bono and Trauma, Marjorie A. Silver

SEQRA’s Silver Anniversary: Reviewing the Past, Considering the Present, and Charting the Future, Patricia E. Salkin

Silencing the Victims in Child Sexual Abuse Prosecutions: The Confrontation Clause and Children's Hearsay Statements Before and After Michigan v. Bryant, Deborah Paruch

Smart Ethics: Ethical Considerations in Promoting Smart Growth Principles, Patricia E. Salkin

Smart Growth and Sustainable Development: Threads of a National Land Use Policy, Patricia E. Salkin

Smart Growth at Century’s End: The State of the States, Patricia E. Salkin

Social Media, The Sixth Amendment, and Restyling: Recent Developments in the Federal Laws of Evidence, Deborah Jones Merritt

Social Networking and Land Use Planning and Regulation: Practical Benefits, Pitfalls and Ethical Considerations, Patricia E. Salkin

Sorting Out New York’s Smart Growth Initiatives: More Proposals and More Recommendations, Patricia E. Salkin

Squaring the Circle on Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use in the States, Patricia E. Salkin

States Beginning to Recognize that Training is Essential for Members of Planning and Zoning Boards and Local Legislative Bodies, Patricia E. Salkin

Strict Interpretation of 35 U.S.C. § 112: Requires Universities to Examine Their Patenting Methods, Sharon Barkume and Michael R. Bielski

Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein

Supreme Court of New York, Bronx County - People v. Garcia-Cepero , Madeline Zuckerman

Supreme Court of New York, Nassau County - Bursac v. Suozzi , Andrew Saraga

Supreme Court of New York, New York County - People v. Molina , Brian Shupak

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, Patricia E. Salkin

Symposium: Bob Dylan and the Law, Foreword, Samuel J. Levine

Symposium Introduction: Humanism Goes to Law School, Marjorie A. Silver

Systems of Carbon Trading, Dr. Bruno Zeller

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Teaching Government Law & Policy in Law School: Reflections on Twenty-Five Years of Experience, Patricia E. Salkin

Testimonial Statements: The Death of Dying Declarations? - People v. Clay, Sarah R. Gitomer

The Absentee Post-Conviction Constitutional Safeguards – People v. Zowaski, Danielle M. Hansen

The Case of the Retired Justice: How Would Justice John Paul Stevens Have Voted in J. McIntyre Machinery, Ltd. v. Nicastro?, Rodger D. Citron

The Decline of the Confrontation Clause in New York - People v. Encarnacion, Anthony Fasano

The Destruction of an Empire: Will Viacom End YouTube's Reign?, Adam Shatzkes

The Fair Housing Act, Zoning, and Affordable Housing, Patricia E. Salkin and John M. Armentano

The First Amendment’s Freedom of Harassment - People v. Pierre-Louis, Lina R. Carbuccia

The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, Patricia E. Salkin and Amy Lavine

The (In)Admissibility of False Confession Expert Testimony, David A. Perez

The Indigent Defense Crisis, Richard Klein and Robert L. Spangenberg

The Inevitable Discovery Rule - Justice Served or Justice Thwarted? - People v. Pinckney, Danielle M. Hansen

The Key to Unlocking the Power of Small Scale Renewable Energy: Local Land Use Regulation, Patricia E. Salkin

The Last Common Law Justice: The Personal Jurisdiction Jurisprudence of Justice John Paul Stevens, Rodger D. Citron

The Look for Less: A Survey of Intellectual Property Protections in the Fashion Industry, Nicole Giambarrese

The Mindful Law School: An Integrative Approach to Transforming Legal Education, Scott L. Rogers

The New York State Bar Exam by the Issue, Suzanne Darrow-Kleinhaus, Myra E. Berman, and John J. Cooney

The October 2008 Term: First Amendment and Then Some, Burt Neuborne

The Politics of Land Use Reform in New York: Challenges and Opportunities, Patricia E. Salkin

The Praise of Silly: Critical Legal Studies and the Roberts Court, James F. Lucarello

The Privatization of Civil Justice: An Exposition on New York's Prompt Payment Law and Its Imposition of Mandatory Arbitration, James M. Tsimis

The Probability of Actual Bias, Objective Standards, and Pandora's Box - Caperton v. A. T. Massey Coal Company, Leon D. Lazer Honorable

The Psychotherapist and the Attorney/Client Privileges as They Arise in Civil Rights Disputes, Lewis M. Wasserman

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

The Smart Growth Agenda: A Snapshot of State Activity at the Turn of the Century, Patricia E. Salkin

The Student-Friendly Model: Creating Cost-Effective Externship Programs, James H. Bachman and Jana B. Eliason

The Trial, the Bench, the Net, and the First Amendment: The Possibilities of Reform in New York State Judicial Elections, Robert Magee

The Use of the Public Trust Doctrine as a Management Tool Over Public and Private Lands, Patricia E. Salkin

They Do Teach That in Law School: Incorporating Best Practices into Land Use Law, Patricia E. Salkin

Tough Love: The Law School that Required its Students to Learn Good Grammar, Ann Nowak

Trial Error Blunder: Compounded Use of Defendant’s Post-Arrest Silence for Impeachment and Summation Purposes is Not Harmless - People v. Tucker, Robert Mitchell

Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, and William G. Young

Turn-Coat Disclosure: The Importance of Following Procedure - Turturro v. City of New York, Brittany A. Fiorenza

Understanding Community Benefits Agreements: Equitable Development, Social Justice and Other Considerations for Developers, Municipalities and Community Organizations, Patricia E. Salkin and Amy Lavine

United States Tribal Court Directory, April Schwartz and Mary Jo B. Hunter

Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel

Vehicle Checkpoints: The Ever-Expanding Array of Purposes for Which a Vehicle May be Stopped - People v. Gavenda, Jan Lucas

Vulnerable Populations and Transformative Law Teaching: A Critical Reader, Chapter 6 - Vulnerability in Contracting: Teaching First-Year Law Students about Inequality and Its Consequences, Deborah Post and Deborah Zalesne

Want to Terminate Life Support? Not in New York: Time to Give New Yorkers a Choice , Bernadette Tuthill

When "Reasonableness" is Not so Reasonable: The Need to Restore Clarity to the Appellate Review of Federal Sentencing Decisions after Rita, Gall, and Kimbrough, Craig D. Rust

You Can Only Race if You Can’t Win? The Curious Cases of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

Zoning for Home Occupations: Modernizing Zoning Codes to Accommodate Growth in Home-Based Businesses, Patricia E. Salkin