Professor Rose Mary Bailly's article,
"Guardianship - Stopping Financial Exploitation in its Tracks," was published in
Capital Commons Quarterly (December 2007). She also coauthored
Financial Exploitation of the Elderly (Civic Research Institute, 2007)
(coauthor E. Elizabeth Loewy, A.D.A.).
Professor Patrick Connors' New York Practice article,
"Appellate Division is Confronted with HIPAA," was cited by both the majority
and the dissent in the New York Court of Appeals decision Arons v.
Jutkowitz, 9 N.Y.3d 393 (November 27, 2007). The opinion addressed whether
an attorney may privately interview an adverse party's treating physician and
the applicability of the Health Insurance Portability and Accountability Act
("HIPAA") of 1996 to such interviews.
Professor Paul Finkelman presented "Congress and the Slave
Trade: A long and Winding Road" at Yale University on December 14.
Professor Stephen Gottlieb spoke about the U.S. Supreme
Court at the Albany Public Library on December 11.
Professor Sheldon Halpern presented a workshop on copyright
issues at the Hebrew University in Jerusalem on December 19.
Professor Mary Lynch presented "The Impact of Best
Practices and Carnegie on Clinical Programs: Evaluating Ourselves
Internally & Evaluating Our Place in Legal Education," with Quinnipiac Law
School Professor Carrie Kaas at the Upstate New York Regional Clinical
Conference held at Syracuse University on December 7.
Professor Alicia Ouellette presented "Restraining Parental
Choice to Size and Shape Children" at The Hastings Center on December 10.
Professor David Pratt presented "Coordinating Retirement
Plan Assets with the Estate" at the New York State Bar Association in Albany in
Associate Dean Patricia Salkin has published the seventh
edition of Land
Use and Community Development: Cases and Materials," a casebook used by
professors across the country. The new edition explores how land use law is
employed to build and preserve sustainable communities.
Professor Stephen Clark's editorial, "United ENDA's flawed
reasoning: Activists, politicians overstate viability of inclusion and falsely
defame incrementalism," was published in the Washington Blade on
November 22. He also launched a Web site and blog about the interjurisdictional
recognition of same-sex marriages, civil unions, and domestic partnerships -
Professor Paul Finkelman presented "Slavery, the Courts, and
the Underground Railroad" at the Indiana State Library on November 15. He also
presented "Suppressing the African Slave Trade: The Limits of Legislation,
1794-1865" at Pennsylvania State University's Civil War Era Workshop on November
Professor Sheldon Halpern spoke at John Marshall Law
School's conference entitled "Information Convergence: At the Boundaries of
Access" on November 9.
Professor David Pratt presented "Employee Benefits Update"
at the CP America International Annual Tax Conference in Las Vegas in
Associate Dean Patricia Salkin's article entitled,
"Community Benefit Agreements: Opportunities and Traps for Developers,
Municipalities, and Community Organizations," appeared as the lead Commentary in
the November 2007 Planning & Environmental Law. On November 9, Dean Salkin
presented the paper "The Kelo effect in
New York, New Jersey and Pennsylvania: Assessing the Impact of Kelo in the
Tri-State Region" during the "Land & Power: The Impact of Eminent Domain
in Urban Communities Symposium." The event was sponsored by the Policy Research
Institute for the Region of the Woodrow Wilson School of Public &
International Affairs at Princeton University.
Professor David Siegel and Professor Patrick
Connors presented "New York Practice Updates" at the annual Appellate
Judges Seminar held on November 18 in Saratoga Springs and at the New York State
Judicial Institute's Conference held on November 27.
Professor Patrick Connors moderated an ethics program for
the New York State Bar Association's Public Utility Lawyers Program on October
Professor Paul Finkelman presented "Was Dred Scott Correctly
Decided?" at Seattle University School of Law on October 9 and at Arizona State
University on October 25.
Professor Alicia Ouellette presented "The Sale of Human
Oocytes for Therapeutic Research" at the American Society of Bioethics and the
Humanities Annual Conference in Washington, DC in October.
Professor David Pratt presented "403(b) Plan Regulations" at
the American Society of Pension Professionals and Actuaries Annual Conference in
Washington, DC in October, and "Individual Retirement Accounts" at the NYU
Annual Tax Institute in New York.
Associate Dean Patricia Salkin presented a paper at the
First Annual Conference on Law, Ethics & the Life Sciences at the Louis D.
Brandeis School of Law of the University of Louisville on October 26. Dean
Salkin's presentation was entitled, "Land Use Law and Healthy Children:
Opportunities for States to Assume a Leadership Role in Promoting and
Incentivizing Local Options."
Also in October, Dean Salkin presented a course for Union College's Adult
Lifelong Learning Program on the Religious Land Use and Institutionalized
Persons Act; contributed an article to the September/October Talk of the Towns
magazine entitled, "Where Will the Baby Boomers Go? Planning and Zoning for an
Aging Population"; and her treatise, "New York Zoning Law & Practice," 4th
edition was expanded from three to four volumes. The new release included an
updated set of forms and a new chapter on special use permits.
Professor Patrick Connors authored an article in his regular
New York Practice column in the New York Law Journal entitled "Cases
Appear to Depart From Court of Appeals' 'Andrea'," on September 17. He also
authored the lead article in the New York Law Journal's special section
"Court of Appeals: Year in Review," which was published on September 10. On
September 28, he presented an update on developments in professional
responsibility for the justices and law clerks of the Appellate Division, Third
Professor Paul Finkelman presented "Who Was Dred Scott and
Why Do We Care? (And What Was He Doing at Fort Snelling?)" to Faegre &
Benson's Diversity Committee at the law firm's offices in Denver and Minneapolis
on September 5-6. Professor Finkelman also presented "Was Dred Scott Correctly
Decided?" during Rhodes College's Constitution Day on September 27.
Professor Timothy Lytton was interviewed on Chicago Public
Radio's "City Show" about gun control legislation on September 20.
Professor Alicia Ouellette presented "Bioethics and Law,
Hospital Ethics Committees Swap Shop" at the Mt. Sinai Medical College-Union
Graduate College conference at Union College on September 28.
Professor David Pratt presented "Employee Benefits Update"
at the Albany Chapter of New York Employee Benefits Conference" and the
"Employee Benefits Update" at the Albany Chapter of International Society of
Certified Employee Benefits Specialists in September.
Professor Evelyn Tenenbaum and Brian Reese '09 coauthored
"Memory-Altering Drugs: Shifting the Paradigm of Informed Consent." The article
was published in the September issue of the American Journal of
Bioethics. Professor Tenenbaum and students Brian Reese '09 and William
Meacham '09 were guest speakers on WSLR-LPFM in Sarasota, Florida, on September
7 to discuss the legal issues surrounding cryonics.
Professor Patrick Connors presented a telephone seminar on
professional responsibility and legal malpractice for the NYSBA on August 14,
and he conducted the annual program on ethics and legal malpractice at Albany
Law School's CLE in Saratoga Springs on August 17.
Professor Peter Halewood's article "On Commodification and
Self-Ownership" will be published in 20 Yale Journal of Law and the
Humanities (2008), and "Whiteness Studies in Law" will be published in the
Oxford Encyclopedia of African American History.
Professor Sheldon Halpern was appointed Visiting Fellow at
the Department of Law of the European University Institute in Florence, Italy.
Associate Dean Patricia Salkin spoke during the annual
meeting of the American Bar Association on the proposed Model State
Administrative Procedures Act. As a faculty member of the 2007 ALI-ABA Land Use
Institute, she presented lectures on environmental justice, community benefit
agreements, ethics, and the Religious Land Use and Institutionalized Persons Act
in San Francisco on August 16-18.
Professor Donna Young's article "The Racial Impact of
Hurricane Katrina" will be published in the Oxford Encyclopedia of African
American History (Oxford University Press, forthcoming 2007).
Professor Ira Bloom submitted his manuscript "Powers of
Appointment Under the Restatement (Third) of Property" to the Ohio Northern
Law Review for publication in its symposium issue on trusts and estates.
His revised chapter on charitable disposition was published in Klipstein and
Bloom, Drafting New York Wills. His revised chapter on GST taxation
will also be published in the fall.
Professor Melissa Breger was a panelist at a public forum on
family court presented by the New York County Lawyer's Association and Columbia
Law School in July.
Professor Bridgit Burke was named recipient of the New York
State Developmental Disabilities Planning Council's "Community Leader of the
Year" award for 2007. The award honors a local public official or community
leader who, through his/her efforts, has demonstrated an extraordinary
commitment to the support of individuals with developmental disabilities and
their families, and whose accomplishments have led to increased opportunities
for disabled New Yorkers to pursue educational, employment, independent living
and community participation opportunities.
Professor Patrick Connors and Professor David
Siegel presented "New York Practice Updates" to the justices and law
clerks of the Appellate Division, Third Department on May 7 and to the Onondaga
County Bar Association on June 8.
Professor Paul Finkelman has published the following:
"Kermit L. Hall: A Life in Legal History and Scholarship," 57
Syracuse Law Review 357 (2007); and "Scott v. Sanford: The
Court's Most Dreadful Case and How it Changed History," Chicago-Kent Law
Professor Peter Halewood presented a paper titled "Torture,
Terror, and the Body in Law" at the the 2007 Joint Annual Meeting of the Law and
Society Association and the Research Committee on Sociology of Law in Berlin,
Germany on July 25.
Professor Michael Hutter was presented with the "President's
Award" by the New York Academy of Trial Lawyers at a recent ceremony of the
Academy attended by the judges of the NY Court of Appeals. The award was given
in recognition of his continuing efforts in educating law students and trial
lawyers in the law of evidence and related trial issues.
Professor Timothy Lytton published "Clergy Sexual Abuse
Litigation: The Policymaking Role of Tort Law" in the Connecticut Law
Professor Alicia Ouellette presented "Sizing, Sculpting, and
Shaping Children: A Call for Restraint on Parental Choice" a health law
professor's conference hosted by the American Society of Law Medicine and
Ethics. The Hastings Center Report, the leading peer-reviewed journal
in bioethics, is publishing a paper Ouellette wrote with co-authors titled
"Federalism and Bioethics: States and Moral Pluralism." Ouellette also published
an article with Prof. Beverly Cohen and Jacob Reider in the
American Journal of Bioethics entitled "Practical, State, and Federal
Limits on the Scope of Compelled Disclosure of Health Records."
This July, Ouellette will be presenting on the "Ashley Treatment" at The
Alden March Bioethics Institute's Bioethics Summer Camp, a three day gathering
of leading bioethics scholars in Lake George, N.Y.
Associate Dean Patricia Salkin contributed Chapter 4,
entitled "Sustainability at the Edge: The Opportunity and Responsibility of
Local Governments to Most Effectively Plan for Natural Disaster Mitigation," in
Losing Ground: A Nation on Edge (2007) published by the Environmental Law
Institute and edited by Prof. John R. Nolon & Dean Daniel B. Rodriguez. Dean
Salkin's article, "Second Circuit Uses Predominant Purpose Test in Upholding
Government Attorney-Client Privilege," appears in vol. 21 no. 2 of the Municipal
Lawyer, published by the New York State Bar Association (Spring 2007).
In June, Dean Salkin was presented the "Distinguished Member Award" by the
Capital District Women's Bar Association at its annual dinner. Salkin was
appointed to the Comprehensive Plan Oversight Committee by Bethlehem Town
Supervisor Jack Cunningham. Kathryn Grant Madigan '78,
president of the New York State Bar Association, also appointed Salkin as chair
of a special association task force on town and village justice courts. On June
27, Salkin moderated the American Planning Association's annual land use law
national audio conference
Professor Laurie Shanks was a keynote speaker at the New
Mexico Criminal Defense Lawyers Association's seminar on child witnesses on June
Professor Evelyn Tenenbaum and Professor Jenean
Taranto presented "BODY WORLDS, Dignity, and the Uniform Anatomical
Gift Act" at a health law professor's conference hosted by the American Society
of Law Medicine and Ethics.
Professor Donna Young presented a paper titled "The Comfort
of Home: Children as Domestic Workers" at the 30th International Congress on Law
& Mental Health at the University of Padua in Padua, Italy, on June 25. She
also presented "Domestic Violence and the Spread of HIV/AID Among Married
Women," at the International Conference of Law and Society at the Humboldt
University in Berlin, Germany, on July 26. Professor Young was also a panelist
at the International Conference of Law and Society. She addressed the topic of
"Comparative Perspectives on Race, Slavery, and Social Exclusion: Thoughts on
the 200th Anniversary of the End of the Slave Trade."
Professor Melissa Breger was the guest speaker at
the Saratoga County Bar Association's annual Law Day luncheon on May
1. The event's theme was "Empowering Youth, Assuring Democracy." Breger spoke
about the importance of students using their futures to help others.
Professor Patrick Connors' regular New York Practice column
in the May 21 issue of the New York Law Journal, Connors discussed
Seth Rubenstein, P.C. v. Ganea, the first Appellate Division
decision interpreting Part 1215, New York's Letter of Engagement Rule. Connors
also presented an ethics seminar for governmental lawyers to the New York State
Attorney General's Office in Albany and New York City on May 10 and
Professor Katheryn D. Katz presented a paper "Obstacles to
the Success of Women in the Workplace" to New York Women in Communications, Inc.
on May 21.
Professor Mary Lynch was invited to speak on two different
panels at this year's AALS - Clinical Legal Education Conference in New Orleans,
LA. In her role as clinic co-director, she presented as a panelist on the topic
of "Dealing with External Challenges to Clinical Education" on May 2 at the
director's workshop. In her role as a clinical faculty member, she presented as
a panelist on "Challenging Assumptions about Business as Usual in Legal
Education" on May 4 at a concurrent session to an audience of clinical law
professors across the nation.
Associate Dean Patricia Salkin delivered a presentation on
government ethics at the annual meeting of the New York State Association of
Counties on May 16.
Professor Vincent M. Bonventre's article "Changing Roles:
The Supreme Court and the State High Courts in Safeguarding Rights" was
published in the spring 2007 issue of the Albany Law
Professor Patrick Connors presentation a "New York Practice
Update" to the Federation of Bar Associations of the Fourth Judicial District in
Montreal, Canada on April 28.
Professor Paul Finkelman, in conjunction with the Government
Law Center, presented a two-day conference on April 5-6, celebrating the career
of influential defense attorney and Harvard Law School professor Alan Dershowitz
at Albany Law School. Finkelman participated in a Harvard Law School conference
about the 150th anniversary of Dred Scott v. Sandford on
April 6 and 7. He also served as conference director for "Congress & Slavery
in the District of Columbia", an all-day, Washington, DC symposium on slavery,
held by the U.S. Capitol Historical Society on April 27. The event was
broadcasted live on C-SPAN.
Prof. James Gathii, in conjunction with the Robert H.
Jackson International and Comparative Programs Committee of Albany Law School,
presented a two-day conference called The Third World and International Law
(TWAIL) on April 20-21 at Albany Law School. The conference brought together a
diverse group of scholars, practitioners and others engaged in third world
international legal scholarship and practice.
Professor Katheryn D. Katz participated in a panel
discussion on hospital mergers and reproductive rights at Albany Law School on
April 11. During the discussion, she also gave a presentation on religion and
Professor Timothy Lytton spoke at Brooklyn Law School's
faculty workshop on clergy sexual abuse litigation in April.
Professor Jeffrey Pearlman spoke about IRS
collection procedures at Albany Law School's Tax Law Society's symposium titled
"Coping with Major New Changes in the Tax Law: All You Need to Know" on April
Associate Dean Patricia Salkin's article, "Ensuring
Continuing Community Amenities Through Golf course Redevelopment," was published
in the 35 Real Estate Law Journal 628 (spring 2007). She also
contributed a piece for the inaugural issue of Capital Commons
Quarterly, a publication of the Albany Guardian Society that focuses on the
dynamics of aging and our communities. Dean Salkin's article is entitled, "Act
Now: Accessory Dwelling Units can Aid in Intergenerational Housing." Salkin
delivered presentations during the Annual Meeting of the American Planning
Association on regulating home based businesses, environmental justice, ethics,
and hot topics for planning commissioners. On April 23, she also delivered a
presentation on the government attorney-client privilege for the International
Municipal Lawyers Association in Washington, DC.
Professor Vincent M. Bonventre delivered a presentation at
the Nelson A. Rockefeller Institute of Government called "The Court of Appeals
of New York State: The Judges, The Selection Process, & Making the Current
Court" on March 14. At the Albany Law Review symposium called "A Second
Class Right?: Free Exercise and the Current State of Religious Freedom in the
United States," he delivered the opening presentation titled "The Development of
Free Exercise of Religion Jurisprudence: From 'No Law' to Compelling Interests
to Any Legitimate Reason" on March 29.
Professor Paul Finkelman presented "Was Dred Scott Decided
Correctly; Rethinking Slavery, the Constitution and the Coming of The Civil War"
at Cleveland State University on March 21. Finkelman, author of the legal
history book The History of Michigan Law, spoke at the Thomas M. Cooley
Law School's community forum about Michigan's legal history on March 16. He
delivered a public lecture - Are The Ten Commandments the Moral Foundation
of American Law? - at the Butler Institute of American Art in Youngstown on
March 7. He also addressed some classes at Youngstown State University on March
8 and 9. Finkelman also presented the closing address at Washington University
Law's three-day symposium entitled "Dred Scott Case and its Legacy: Race, Law,
and the Struggle for Equality" on March 3.
Associate Dean Patricia Salkin's paper "What More Can We Do?
Progress Towards Sustainable Development in Other States," will be published in
a special symposium issue of the Widener Law Journal. Also, at the
invitation of the Town of Ramapo, Dean Salkin addressed a group of local elected
officials and municipal attorneys throughout Rockland County on the Religious
Land Use and Institutionalized Persons Act on March 27. Dean Salkin also spoke
at Howard University School of Law about environmental justice and local land
use planning and zoning on March 29 & 30.
Tenenbaum and Professor Jenean Taranto presented a
paper titled, "A Marriage of Necessity: Developing Facts Necessary for Effective
Analysis and Argument through Case Law Study" at the Rocky Mountain Legal
Writing Conference in Las Vegas, Nevada.
Professor Vincent M. Bonventre spoke on the relationship
between the U.S. Supreme Court and state supreme courts in the protection of
rights and liberties at a symposium sponsored by the Albany Law Review
on February 16 entitled "The Reemergence of State Constitutional Law and the
State High Courts in the 21st Century." The event also featured
several state Supreme Court chief justices.
Professor Patrick Connors and Adjunct Professor
Thomas F. Gleason '78 presented a program on Part 221 of the Uniform
Rules, which governs conduct at depositions in New York state actions, to the
law clerks of New York State judges on February 9 at the New York Court of
Professor Paul Finkelman's book Encyclopedia of African
American History (Oxford University Press, 2006) was named best book in the
humanities and social sciences by the Professional and Scholarly Publishing
Division (PSP) of the Association of American Publishers.
Associate Dean and GLC Director Patricia Salkin was
appointed by U.S. Environmental Protection Agency (EPA) Administrator Stephen L.
Johnson to serve on the National Environmental Justice Advisory Council (NEJAC)
for a two-year term. Salkin also presented a paper at the 6th Annual Richard E.
Nelson Symposium at the University of Florida School of Law in Gainseville, Fla.
on February 2. Her article, "Ensuirng Continuing Community Amenities Through
Golf Course Redevelopment," appears in Volume 35 of the Real Estate Law
Journal at 628. Dean Salkin also co-authored an article with student Amy
Lavine entitled, "Measure 37 and a Spoonful of Kelo: A Recipe for Property
Rights Activists at the Ballot Box," which was published in 38 The Urban Lawyer
Professors Evelyn Tenenbaum and Jenean Taranto's
commentary, "Body Worlds, Choosing to be Immortalized as an Educational
Specimen," has been accepted for publication by the American Journal of
Professor Donna Young presented a paper titled "On the Backs
of Our Children: Chocolate, Other Comforts and Child Labour" at the University
of Toronto's Law Union Annual Meeting on February 10.
Professor Melissa Breger co-authored the 2006 cumulative
supplement to New York Law of Domestic Violence (Thomson-West, 2006).
She also published "Introducing the Construct of the Jury into Family Violence
Proceedings and Family Court Jurisprudence," 13 Michigan Journal of
Gender & Law 1 (2006).
Professor Patrick Connors' regular New York Practice column
in the January 17 edition of The New York Law Journal discussed
Arons v. Jutkowitz, the first Appellate Division decision on the
application of HIPAA to the CPLR's disclosure rules. Connors presented an ethics
program for the Young Lawyers Section of the New York State Bar Association at
its annual meeting in New York City on January 26.
Professor Paul Finkelman's book A History of Michigan
Law (Athens: Ohio University Press, 2006) was one of 20 books selected for
a place on the Library of Michigan's "2007 Michigan Notable Books" list. Prof.
Finkelman also was a commenter at a conference entitled "Reclaiming the First
Amendment: A Conference on Constitutional Theories of Media Reform" at
Hofstra Law School on January 19.
Professor James Gathii authored the chapter "Approaches to
Accessing Essential Medicines and the TRIPS Agreement," in Peter K. Yu, (ed.)
Vol 4 Intellectual Property and Information Wealth: Issues and Practices in
the Digital Age/International Intellectual Property Law and Policy, 393
Associate Dean Patricia Salkin was elected Treasurer of the
State and Local Government Law Section of the American Association of Law
Schools. She was also elected First Vice Chair of the New York State Bar
Association's Municipal Law Section during the Annual Meeting of the State Bar
Association in January 2007.
Professor Laurie Shanks will present a paper titled, "Whose
Story Is It, Any Way? Teaching Client-Centered Representation and Trial Advocacy
Through the Use of Storytelling," at an international legal writing conference
at City University in London this summer.