Faculty Achievements 2007

DECEMBER 2007

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 December.

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.

NOVEMBER 2007

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 - http://www.samesexconflicts.com.

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 16.

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 November.

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.

OCTOBER 2007

Professor Patrick Connors moderated an ethics program for the New York State Bar Association's Public Utility Lawyers Program on October 26.

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.

SEPTEMBER 2007

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 Department.

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.

AUGUST 2007

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).

JUNE/JULY 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 Review (2007).

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 Review.

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 8.

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."

MAY 2007

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 11th.

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.

APRIL 2007

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 Review.

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 reproductive rights.

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 30.

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.

MARCH 2007

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.

Professor Evelyn 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.

FEBRUARY 2007

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 Appeals. 

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 1065. 

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 Bioethics

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.

JANUARY 2007

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 (2007).

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.