Faculty Information

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  • About Professor Ota

    ​I am a third generation Japanese American (Sansei), born and raised in Berkeley, CA. I attended San Francisco State University and the University of California, Berkeley ("Cal"). In 1977, I received a B.S. in Food Science, Nutrition and Dietetics from the Department of Nutritional Science at Cal and later, went on to earn an M.B.A. from Tulane University in New Orleans. After working as a commercial banker for six years, I enrolled at Stanford Law School and earned my J.D. in 1992. Following law school, I held the Future Law Teaching Fellowship at Georgetown University Law Center.

    I have taught at the University of Baltimore School of Law as an adjunct professor and the University of Toledo College of Law as a visiting professor. I have been on the faculty at Albany Law School since 1995. Courses I have taught include: Business Organizations, Commercial Law, Contracts, Gender & the Law, Immigration Law & Policy, Issues in Law & Society Seminar, Law & Sexuality, Sales, Leases & Payment Law.

    My research interests focus on the interaction of law, race, sexuality, gender, class, and national identity in social history.

    I collect advertising trade cards and other ephemera with orientalist and/or racist depictions and themes. Most of the items in my collection were produced around the turn of the 19th century in the wake of reconstruction, U.S. imperialist expansion, and at a time when anti-immigrant sentiments were rising. In many cases, the images have little to do with the items advertised. These images illustrate stereotypical views of Asians at the turn of the 20th century. Trade card printers aimed their humor at many ethnic groups including Chinese, Japanese, Irish, Jewish, German, and Italian people. View Victorian-era trade cards (.pdf)

    I live in Albany, NY with my partner, Laura, and my dog, Bojocq (pronounced Bo - Zhock). Among many things, Laura and I share a passion for dark chocolate. We are working together on a guidebook to tours of artisanal chocolate makers around the world. Feel free to send us samples to taste-test.  

    Current Research Projects

    Queer Lactification and Paper Daughters (draft)

    Publicly Private (work-in-progress)

    Loving Off Base (work-in progress)

    If you have any questions or comments, email me at: nota@albanylaw.edu.

  • Academic Success

    Program Description

    The Academic Success Program, ASP, is an integral part of Albany Law School's commitment to provide the opportunity for all students to succeed in law school. The ASP is a collaborative effort involving law school administration, faculty and students with the goal of assisting students in developing and enhancing the critical skills necessary for academic success in school, success on the bar exam and as an attorney. Our academic support services are coordinated by the Associate Professor of Academic Success.
    The program consists of several components including a required first year class for selected students which focuses on skill development in the context of doctrinal coursework, a series of skill development workshops for first year students which are voluntary, a writing center, individual tutoring in both doctrine and lawyering skills, counseling students, and an alumni mentoring program as well as a specialized bar support mentoring program for third year students.

    Applied Legal Reasoning

    A required first-year course for selected students, Applied Legal Reasoning concentrates on enhancing students' basic lawyering skills through intensive and concentrated study of the requisite skills necessary for success. It involves completing written and oral exercises for example, in reading, case briefing, analyzing and synthesizing, note taking, outlining, and communicating. The course also addresses study habits, time management, stress reduction, and exam taking skills.

    Applied Legal Reasoning Teaching Fellows & ACES (Academic Commitment to Excellence and Success)

    Selected fellows are assigned to sections of the Property II course (other second semester first year courses may be assigned), as a teaching fellow. The fellows attend an orientation. The fellows attend the regularly scheduled Property and Applied Legal Reasoning classes, assist in developing problems, conduct or assist in conducting small group review and question and answer sessions for the ALR students in the doctrinal area assigned to the teaching fellow and review and critique individual students' written responses to sample questions, problems, and exams.

    Aces Teaching Tutors

    Tutors work with students assigned to the majority of first year doctrinal courses and assist the students with working through problems and understanding the doctrinal coursework as well as developing their skills.  ACES tutors are also assigned to two second year courses: Constitutional Law and Evidence.

    Sponsler Fellows

    This is an Honors Teaching Fellowship program where the fellows are assigned to a section of first semester Introduction to Civil Procedure course as a teaching fellow. The fellows attend the regularly scheduled classes conduct or assist in conducting small group review and question and answer sessions for the first year students: create review and critique individual students' responses to sample questions and problems approved for distribution by the faculty member teaching that section.

    The Lewis A. Swyer Lectures & Workshops

    The Swyer Academic Success Workshops are a multi-semester program which stress active learning, designed to enhance academic skills and performance in the areas of case analysis, synthesis of material, outlining, and test taking. The Swyer Programs are open to all students.

    Writing Center

    Available to all students, with preference given to first year students, the Writing Center offers students help with writing beyond what is available in their regular law school courses.

    Alumni Mentoring Program

    As a first-year student, you may choose to be matched with an Albany Law School alumnus: who will provide support, advice, and guidance as you navigate your way through law school.

    Bar Preparation Program

    Albany Law School offers a customized non-credit bar preparation course during the third year of law school. The weekend course exposes students to review in the six multistate subjects, multistate questions, multistate performance tests and essay writing. The program also includes speakers from the Board of Law Examiners, a Judge from the New York Court of Appeals and alumni presenting on topics such as disciplined preparation, stress reduction, and motivation for success.

    We also offer bar preparation for invited students who have been unsuccessful on the bar exam. Albany law school faculty offer an intensive two day workshop where students are instructed in two subject areas and learn how to answer multiple choice and essay questions.

    Bar Exam Mentoring

    We also provide a bar mentoring program for third year students. The Bar Exam Mentoring Program provides students with an opportunity to ask questions and receive guidance on study tips, test procedures, and other general questions and concerns regarding the exam.

  • Biography

    B.A., Tufts University
    M.A., University at Albany
    J.D., Albany Law School (associate editor, Albany Law Review)

    Professor Armstrong joined the Albany Law School faculty in 1989. She was formerly staff attorney for the Civil Service Employees Association Inc. and co-counsel to the New York State Freshwater Wetlands Appeals Board. Professor Armstrong is a member of the Association of Legal Writing Directors, and a former member of the ABA Communication Skills Committee.

  • Biography

    B.A., Eastern Illinois University  
    M.A., University at Albany  
    J.D., University of Houston Law Center

    Connie Mayer is the Raymond and Ella Smith Distinguished Professor of Law and a Clinical Professor of Law. Professor Mayer practiced law with East Texas Legal Services and subsequently worked in a private criminal and civil law practice prior to joining the faculty at Albany Law School. She joined the law faculty in 1986 as the Director of the Disabilities Law Clinic and continued in that capacity until 1992. In 1992, Professor Mayer became the Director of the Albany Law School Clinical Program and expanded the clinic, adding the AIDS/HIV Law Clinic which she directed from 1992-1996, the Domestic Violence Clinic, and the Low Income Taxpayer Clinic. She continued as the Director of the Clinical Legal Studies Program through 2001 while also serving as the Associate Dean for Student Affairs from 1999 through 2005. In 2005, she became the Associate Dean for Academic Affairs.

    Professor Mayer has taught various courses including the Disabilities Law Seminar, the AIDS/HIV Law Seminar, Negotiating for Lawyers, Trial Practice I, Trial Practice II and she currently teaches Federal Civil Procedure and Legal Ethics. She serves on the New York State Bar Association Committee on Legal Education & Admission to the Bar. Professor Mayer was the 2011 Recipient of the Excellence in Teaching Award.  She has published in the areas of disability law and criminal justice issues. Works in progress include an article using empirical data to analyze the impact of non-academic variables on bar passage.

  • Biography

    B.A., State University of New York at Buffalo  
    J.D., Albany Law School

     

    Clinical Professor  of Law Joseph Connors is the Director of Albany Law School’s Health Law Clinic, an experiential course through which second and third year students provide representation to individuals with chronic health conditions  He served as Director of Albany Law School’s Clinic and Justice Center from 2009 – 2012. He is the 2007 recipient of both the Distinguished Excellence in Teaching and Distinguished Excellence in Service awards from Albany Law School.  He is also a recipient of the NYS ARC Robert Hodson/Augustus Jacobs Disability Law Award.  A former staff attorney at the Monroe County Legal Assistance Corporation, Professor Connors’ research interests include preserving the integrity of families affected by health challenges and removing barriers to access to justice for individuals with disabilities.

     

     
  • Biography

    A.B., Hamilton College
    J.D., Albany Law School
    Editor-in-Chief, Albany Law Review

    Alicia Ouellette, the Associate Dean for Faculty Research and Professional Development, is also a Professor of Law at Albany Law School and a Professor of Bioethics in the Union Graduate College/Mt. Sinai School of Medicine Program in Bioethics. Her research focuses on health law, disability rights, family law, children’s rights, and human reproduction. Her book, Bioethics and Disability: Toward a Disability Conscious Bioethicswas published in 2011 by Cambridge University Press. She has authored numerous articles published in academic journals such as the American Journal of Law and Medicine, the Hastings Center Report, the American Journal of Bioethics, the Hastings Law Journal, the Indiana Law Journal and Oregon Law Review. She is also a co-editor of the definitive Cambridge Dictionary of Bioethics (forthcoming) (co-edited with Laurence McCullough and Robert Baker). 

    Before joining the law faculty, Professor Ouellette served as an Assistant Solicitor General in the New York State-Attorney General’s office. As ASG, Prof. Ouellette briefed and argued more than 100 appeals on issues ranging from termination of treatment for the terminally ill to the responsibility of gun manufacturers for injuries caused by handguns. Before that, Prof. Ouellette worked in private practice and served as a confidential law clerk to Judge Howard A. Levine on the New York State Court of Appeals. She has continued her advocacy work in select cases and was lead counsel on the law professors' brief submitted in support of same-sex couples who sought the right to marry in New York state.

  • Biography

    B.A., Amherst College (magna cum laude);
    J.D., Harvard Law School (cum laude)

    Associate professor Christine Chung joined Albany Law's faculty in 2007 as director of the Securities Arbitration Clinic. She was previously a partner at Goodwin Procter LLP, where she was a member of the firm's securities and white collar crime practice groups. While at Goodwin, Professor Chung specialized in complex business litigation and civil and criminal securities-related enforcement matters, including proceedings involving the Department of Justice, the United States Securities and Exchange Commission, the National Association of Securities Dealers (now known as FINRA) and various states attorneys general. She also specialized in compliance and risk management counseling for clients. Her clients included mutual funds, investment advisors, broker-dealers, bank holding companies, complex operating companies, officers, directors and employees.

    Before joining Goodwin Procter, Professor Chung served as Branch Chief of the Enforcement Division of the United States Securities and Exchange Commission, among other posts. As a member of the Enforcement Division, Professor Chung specialized in investigating and litigating cases involving a wide range of alleged securities-related misconduct, including matters involving alleged financial reporting fraud, insider trading, and professional misconduct by accounting professionals. Professor Chung's research interests include regulatory architecture and regulatory reform, risk management (including systemic risk management), compliance, corporate governance and feminist jurisprudence, with a focus on the challenges facing financial institutions and their customers, investors and employees. She also is interested in exploring the historical underpinnings of current system of financial market regulation. She frequently presents on issues arising from the current financial crisis.

    Professor Chung is co-director of the joint Albany Law School / UAlbany / Institute for Financial Market Regulation.

  • Biography

    • B.S., Slippery Rock College
    • J.D., University of Oregon
    • M.L.S., Rutgers University

    Dean Begg joined the faculty in 1983 after serving as director of the law library, professor of law, and chairman of the Faculty Senate and University Council at Ohio Northern University. He served as Albany Law School associate dean of Academic Affairs from 1993-1996. He retired in 2010.

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  • Biography

    B.B.A., City College of New York
    J.D., Syracuse University


    Previously a professor at Loyola University College of Law, New Orleans, and a visiting professor at McGeorge School of Law, Sacramento, Calif.; Tulane University School of Law, New Orleans; and The Ohio State University College of Law, Columbus, Ohio. Author of numerous law review articles, co-author of nine law school casebooks on tax and trusts and estates, and principal author of the two-volume treatise Drafting New York Wills and Related Documents (Matthew Bender).

    Professor Bloom is an Academic Fellow of the American College of Trust and Estate Counsel; he currently serves on the Estate and Gift, State Laws and Legal Education Committees. He is also a member of the American Law Institute and was actively involved in the formulation of the Restatement (Third) of Trusts and the Restatement (Third) of Property (Wills and other Donative Transfers). 

    Professor Bloom is the past Chair of the Trusts and Estates Law Section, New York Bar Association; he previously served as Chair and Vice-Chair of the Taxation Committee and Chair of the Multi-State Practice Committee,. Professor Bloom was also the Section's liaison to the EPTL-SCPA Legislative Advisory Committee which worked on recommending adoption of the Uniform Trust Code in New York. He is currently Chair of the Section’s NYUTC Committee and a member of the NYUTC-Legislative Advisory Group’s Steering Committee.

    Professor Bloom has served as a member of the Trusts and Estates and Surrogate’s Court committee of the Bar of the City of New York. He is currently serving as a member of the Estate and Gift Tax Committee of the Bar of the City of New York.

  • Biography

    B.S., Union College
    J.D., Brooklyn Law School
    M.A.P.A., University of Virginia
    Ph.D., University of Virginia

    Clerked for Judges Matthew J. Jasen and Stewart F. Hancock Jr. of the New York State Court of Appeals. Held U.S. Supreme Court Judicial Fellowship. Served in U.S. Army Military Intelligence and Judge Advocate General's Corps. Joined Albany Law School in 1990. Has taught as a visiting professor at Syracuse University College of Law and the Maxwell School of Public Affairs. Author of "Streams of Tendency" on the New York Court:Ideological and Jurisprudential Patterns in the Judges' Voting and Opinions (W.S. Hein). Published recent articles on judicial decision making, state constitutional law, criminal and civil rights, legal ethics, and New York Court of Appeals. Founding editor-in-chief, Government, Law, & Policy Journal (New York State Bar Association). Editor, State Constitutional Commentary and director, The Center for Judicial Process.

    Prof. Bonventre is also the author of New York Court Watcher, a blog devoted to commentary on developments at the Supreme Court, the New York Court of Appeals, and other state supreme courts nationwide. And he is the founder and Director of the Center for Judicial Process.

    Many of his publications can be accessed at SSRN.​

  • Biography

    B.S., University of Illinois
    J.D., University of Michigan Law School

     

     

     

    Professor Melissa L. Breger has been teaching at the law school level for 15 years, first at The University of Michigan Law School and then at Albany Law School since 2002. Prior to teaching, Professor Breger dedicated her career to children, women and families, with her formative years practicing in New York City in a number of capacities. 

    She is the recipient of several teaching and service awards, both on a local level and on a national level, including the Shanara C. Gilbert Award in Recognition of Her Excellence in Teaching and Contributions to the Advancement of Social Justice from the American Association of Law Schools and the L. Hart Wright Excellence in Law Teaching Award from The University of Michigan Law School. Professor Breger also received the Albany County Family Court Children’s Center Award “In Recognition Of Her Outstanding And Tireless Work Assisting Children And Families In Need And For Her Dedication To Ensure That Law Students Obtain The Skills Necessary To Provide High Quality And Compassionate Legal Services To Family Court Litigants” in May 2008.

    Professor Breger’s current courses at Albany Law School include Evidence, Family Law, Criminal Procedure: Investigation (4th, 5th, 6th A), Gender & the Law, and Children & the Law.  She has taught the Domestic Violence Seminar and was the former Director of the Family Violence Litigation Clinic from 2002 to 2010.

    Professor Breger is the co-author of NEW YORK LAW OF DOMESTIC VIOLENCE, a two-volume treatise published by Reuters-Thomson-West, as well as the author of numerous law review articles regarding issues of family law, gender, and justice. Her scholarly interests include the rights of children and families, gender and racial equality, procedural justice in the courtroom, juvenile justice, the increasing epidemic of child sexual trafficking, law and culture, and the intersections between psychology and the law.

     

     

     
  • Biography

    B.A., Fordham University
    J.D., Yale Law School

    Professor Brescia combines his experience as a public interest attorney in New York City with his scholarly interests to address economic and social inequality, the legal and policy implications of financial crises, how innovative legal and regulatory approaches can improve economic and community development efforts, and the need to expand access to justice for people of low- and moderate-income. As Director of Albany Law School’s Government Law Center, Professor Brescia helps promote student and faculty engagement in the community in the areas of economic development, social innovation and social entrepreneurship, and public service.

    Before coming to Albany Law, he was the Associate Director of the Urban Justice Center in New York, N.Y., where he coordinated legal representation for community-based institutions in areas such as housing, economic justice, workers' rights, civil rights and environmental justice. He also served as an adjunct professor at New York Law School from 1997 through 2006. Prior to his work at the Urban Justice Center, he was a staff attorney at New Haven Legal Assistance and the Legal Aid Society of New York, where he was a recipient of a Skadden Fellowship after graduation from law school.

    Professor Brescia also served as Law Clerk to the pathbreaking Civil Rights attorney-turned-federal judge, the Honorable Constance Baker Motley, Senior U.S. District Court Judge for the Southern District of New York. While a student Yale Law School, Professor Brescia was co-recipient of the Charles Albom Prize for Appellate Advocacy; was a student director of several clinics, including the Allard K. Lowenstein International Human Rights Law Clinic and the Homelessness Clinic; and was Visiting Lecturer in Yale College.

    Professor Brescia is a regular contributor to the Huffington Post.  

    Follow him on Twitter to receive notice of his new posts.

    ​Read his blog: the Future of Change.

  • Biography

    B.S., Southampton College, Long Island University
    J.D., Albany Law School

    Prof. Bridgit M. Burke had been a part of Albany Law School’s clinical education program since 1994 and served as the Director of the Civil Rights and Disability Law Clinic for more than a decade. In her role as a clinical professor she guided students in their development of professional identity, judgment and litigation and advocacy skills. She had been a leader in developing learning objectives and outcomes for students in the clinical program at Albany Law School. In 2011 Prof. Burke accepted the Clinical Legal Education Association’s Award for Excellence in a Public Interest Case, for the work students have done on behalf of individuals with developmental disabilities under her supervision. In 2009 she was awarded New York State Developmental Disabilities Planning Council’s Community Leader award.She also had served on the law school’s long range planning committee.  

    Prof. Burke earned a B.S. at Southampton College of Long Island University and a J.D. from Albany Law School. Prior to joining Albany Law School’s faculty she served as a staff attorney with Chemung County Neighborhood Legal Services, representing indigent people, and as an associate attorney with Levine & Weissman, a law firm in Manhattan.

  • Biography

    B.A., University of Tennessee
    J.D., Yale Law School

    Joined Albany Law School in 2000. Previously in private practice with Winston & Strawn in Chicago, specializing in employment-related appellate litigation; visiting professor at University of Toledo College of Law; law clerk to the chief justice of the Supreme Court of Indiana. Research interests include employment discrimination, federalism, and lesbian and gay rights.

  • Biography

    A.A.S., Alfred State College
    B.A., Douglass College of Rutgers University
    J.D., Albany Law School

    Joined the Albany Law School faculty in 2002. Previously a partner at Hinman Straub P.C. from 1988-2002, specializing in health and environmental law, including administrative, litigated and regulatory matters. Formerly adjunct professor of law at Albany Law School, 1998-2002.

  • Biography

    B.A., Georgetown University  
    J.D., St. John's University School of Law

    Patrick M. Connors is a Professor of Law at Albany Law School where he teaches New York Practice, Legal Ethics, a seminar in Professional Responsibility and Introduction to Civil Procedure. He was an Adjunct Professor of Law at Syracuse University College of Law where he taught Professional Responsibility from 1991 to 1999. At St. John's Law School, he was an editor of the Law Review and research assistant to Professor Emeritus David D. Siegel.

    Upon graduation from St. John's in 1988, Prof. Connors served as personal law clerk to Judge Richard D. Simons of the New York Court of Appeals until 1991. From 1991 until May of 2000 he was a member of the litigation department at Hancock & Estabrook, LLP, in Syracuse, N.Y.

    Prof. Connors is the author of the McKinney's Practice Commentaries for the New York Lawyers' Code of Professional Responsibility and the Surrogate's Court Procedure Act. He is also the author of the McKinney's Practice Commentaries on CPLR Article 31, Disclosure. He is a member of the New York State Bar Association's Committee on Professional Ethics and CPLR Committee. He served on the New York State Attorney Grievance Committee for the Fifth Judicial District from 1997 until 2000. From 1992 through 2003, he was a Reporter for the Committee on New York Pattern Jury Instructions (PJI), the panel of New York State Supreme Court Justices that drafts and oversees the frequent revisions of the standard jury charges in civil cases.

    Prof. Connors is a frequent lecturer at continuing legal education seminars on recent developments in New York Practice, professional ethics and legal malpractice. He is also the author of the New York Practice column and the annual Court of Appeals Roundup on New York Civil Practice and Ethics and Professionalism, which are published in the New York Law Journal.

    Curriculum vita

  • Biography

    B.A., University of Washington
    J.D., Seattle University School of Law
    LL.M., New York University School of Law 

    Professor Cords focuses on tax law and was most recently a professor of law at Capital University Law School in Columbus, Ohio. Before joining Capital's law faculty in 2002, Professor Cords was an attorney-advisor to the Hon. Maurice B. Foley of the U.S. Tax Court in Washington, D.C. She earned her law degree at Seattle University School of Law, and her LL.M. in taxation from New York University School of Law.

  • Biography

    B.A. Northwestern University
    J.D. University of Iowa
    M.L.I.S. University of Washington

    Helane Davis was previously assistant professor and director of the law library at the University of Kentucky, before joining the Albany Law Faculty in 2010. Prior, she worked for Seattle University's law library from 2002-2005, and at Howard University's law library from 1999 to 2002.  

    Dean Davis started her career as a Westlaw Reference Attorney at West Publishing (now Thomson Reuters Legal) in Minnesota, and worked for West in a variety of  roles from 1986 to 1996 before relocating to Gainesville, Fla., and beginning a second career in librarianship.

  • Biography

    B.A., J.D., University of Maryland

    Before joining the faculty in 1978, Professor Deutsch was a teaching fellow at the University of Illinois, a member of the law faculty of Stetson University, and was engaged in the private practice of law. Courses taught include: Administrative Law; Constitutional Law; Consumer Transactions; Contracts; First Amendment Freedoms; Sales, Payment Systems and Related Law; and Secured Transactions. He retired in December of 2010, but holds emeritus status.

  • Biography

    B.A., University of Virginia
    J.D., Harvard Law School

    Prof. Farley specializes in Constitutional Law, Criminal Procedure and Legal Theory. Prof. Farley was a tenured member of the Boston College Law School faculty, where he taught for sixteen years prior to joining his wife, Associate Prof. Maria Grahn-Farley, on the Albany Law School faculty.  Prior to entering academia, Prof. Farley served as an Assistant United States Attorney with the Office of the United States Attorney for the District of Columbia.  Prior to his time as a federal prosecutor, Prof. Farley practiced law as a Corporate/Securities Associate with Shearman & Sterling in New York City.

    In 2006-2007 Farley was honored as the 11th holder of the Haywood Burns Chair in Civil Rights at CUNY School of Law. In 2005, the Boston College Black Law Students Association honored him as the first recipient of The Anthony P. Farley Excellence in Teaching Award, an annual teaching award bearing his name. In 2003, he was the recipient of a residential fellowship with the Humanities Research Institute of the University of California.

    Farley's work in legal theory and constitutional law has appeared in chapter form in After the Storm: Black Intellectuals Explore the Meaning of Hurricane Katrina (Troutt ed., The New Press: 2006); Cultural Analysis, Cultural Studies & the Law (Sarat & Simon eds., Duke University Press: 2003); Crossroads, Directions & a New Critical Race Theory (Valdes et. al. eds., Temple University Press: 2002); Black Men on Race, Gender & Sexuality (Carbado ed., NYU Press: 1999); and Urgent Times: Policing and Rights in Inner-City Communities (Meares & Kahan eds., Beacon: 1999). His work has also appeared in numerous academic journals, including the Yale Journal of Law & Humanities, the NYU Review of Law & Social Change, the Southern California Interdisciplinary Law Journal, the Columbia Journal of Race and Law, the Cardozo Law Review, Law & Literature, and the Michigan Journal of Race & Law.

    Public Interest:

    Farley has conducted the reading group - Changing Lives Through Literature - composed of people convicted in the Dorchester District Court. The ten-week course culminates with an in-court graduation ceremony and a reception for participants, friends, relatives, and alumni. Participants have included judges, probation officers and other court personnel, alumni, and even prosecutors. The syllabus includes authors from Frederick Douglass to Primo Levi to Dorothy Day. His efforts have been profiled in David Holmstrom, Staying Out of Jail with Books' Help: Massachusetts Lowers Recidivism by Helping Repeat Offenders Discover the Power of Literature, The Christian Science Monitor, May 30, 1995, at 13.

    Farley is a member of the Society of American Law Teachers and previously served as a member of its Board of Governors. He is a member of the Lawyers Committee for Civil Rights and a previously served as a member of its Board of Directors. He is a member of the Board of Directors of the Center for Public Representation. He is also a member of the American Philosophical Association.

    Visits and Appointments:

    In addition to holding the Haywood Burns Chair in Civil Rights at CUNY School of Law in 2006-2007, Farley has been Visiting Professor at the Northeastern University School of Law in Boston, the Lacanian School of Psychoanalysis in Berkeley, and the Golden Gate University School of Law in San Francisco.

    Teaching Interests:

    Constitutional Law, First Amendment, Criminal Procedure, Contracts, Torts, International Child Rights, and Legal Theory

  • Biography

    B.A., Syracuse University
    M.A., Ph.D., University of Chicago
    Fellow in Law and Humanities, Harvard Law School

    A specialist in American legal history, constitutional law, and race and the law, Professor Paul Finkelman is the author of more than 150 scholarly articles and more than 30 books. His op-eds and shorter pieces have appeared in the New York Times, the Washington Post, USA Today, and on the Huffington Post. He was recently named the ninth most cited legal historian according to "Brian Leieter's Law School Rankings."

    He is an expert in constitutional history and constitutional law, freedom of religion, the law of slavery, civil liberties and the American Civil War, and legal issues surrounding baseball. He has written extensively on Thomas Jefferson and on Abraham Lincoln. Professor Finkelman was the chief expert witness in the Alabama Ten Commandments monument case and his scholarship on religious monuments in public spaces was cited by the U.S. Supreme Court in Van Orden v. Perry (2005). His scholarship on the Second Amendment has also been cited by the Supreme Court. In 2002 he was a key expert witness in the suit over who owned Barry Bonds' 73rd home run ball.

    C-SPAN was on the Albany Law School campus in fall 2010 to tape Professor Paul Finkelman's two-hour class on the Dred Scott case. The program aired nationally and is now part of C-Span’s series on American History. He has also appeared on other C-Span programs, on PBS, and the History Channel.

    Curriculum Vitae (.pdf)​​

  • Biography

    B.A., Princeton University
    LL.B., Yale Law School


    Practiced with a New York City law firm; served as assistant general counsel, Legal Services of New York; held chairs for distinguished visitors at Akron, Marquette, Cleveland-Marshall, and Suffolk schools of law; and served as a U.S. Peace Corps Volunteer in Iran. Member, board of directors, New York Civil Liberties Union, 1997-2009.

    Books: Morality Imposed: The Rehnquist Court and Liberty in America (2000); Jurisprudence: Cases and Materials (1993); Public Values in Constitutional Law (editor/contributor, 1993); Toward a Usable Past (co-editor, 1991); Systematic Litigation Planning (1978).

    Professor Gottlieb is a regular Commentator on NPR affiliate WAMC. Visit the archive.

    CV (PDF)

  • Biography

    B.A., University of Michigan
    J.D., Wayne State University
    LL.M., Temple University School of Law

    Served as the 16th Dean of Albany Law School from 2002 to 2011. Previously served as dean and professor at Southern Illinois University School of Law, and associate dean and professor at University of Richmond. Also the Honorable Abraham L. Freedman Fellow and Lecturer in Law at Temple University School of Law and instructor of law at Vermont Law School. Research interests include evidence, negotiation, mental health and special education law. Author of two editions of Special Education Law (Carolina Academic Press) as well as numerous other books and articles.

    He has been admitted to the following Bars: Virginia, 1983; New Hampshire, 1976; Supreme Court of the United States; United States Court of Appeals for the Fourth Circuit; United States District Courts, Eastern District of Virginia, Eastern District of Pennsylvania, and District of New Hampshire.

    His practice experience includes: Disability Law Litigation, 1985-1996. Pro bono client representation; Assistant General Counsel, Temple Legal Aid Office, 1978-80, client representation including trial and appellate practice.

  • Biography

    B.A., University of Toronto
    M.A., McGill University
    LL.B., University of British Columbia
    LL.M., Columbia University

    Associate Editor, Columbia Journal of Transnational Law

    Professor Halewood has taught at Albany Law School since 1994.  Prior to coming to Albany Law School, he worked in the health law department of the Ontario Attorney General’s office and as a Law Clerk to the Justices of the Court of Appeal for Ontario in Toronto, Canada. After law school, he was awarded an Osler, Hoskin & Harcourt human rights fellowship and worked both in the litigation department of the firm and later at the Law and Society Trust in Colombo, Sri Lanka on constitutional reform projects. During his post-graduate study at Columbia Law School, he was the Julius Silver Fellow in Law, Science, & Technology, research biotechnology and property in the human body, and was also an Associate Editor of the Columbia Journal of Transnational Law.  Professor Halewood was a visiting professor at Osgoode Hall Law School in Toronto in spring 2002, and has been a visiting professor at the University of Paris X for short visits in 2001, 2002, and 2004.  He was a visiting scholar at University of Rome III Faculty of Law during 2004-05, researching law review articles on property theory and law and development.  Professor Halewood consulted with the International Development Law Organization in Rome, Italy, on distance learning in international trade law with audiences in Kenya, Uganda, and Mozambique. His research addresses voting rights, property law, abandoned properties, food insecurity, and international trade and human rights law. He was admitted to practice in New York in 1993.

     

     

  • Biography

    B.A., LL.B., Cornell University

    Prof. Halpern joined Albany Law School in the fall of 2005 as the Hon. Harold R. Tyler Jr. Chair in Law & Technology. In 2007, he was appointed Visiting Fellow at the Department of Law of the European University Institute in Florence, Italy.

    Halpern received his undergraduate degree from Cornell University and graduated first in his class at Cornell Law School. He had been a professor at The Ohio State University since 1984 and the C. William O'Neill Professor of Law and Judicial Administration since 2001. He has authored several books and publications and directed a series of interdisciplinary conferences exploring the impact of technology on law. Before joining academia, Prof. Halpern practiced law in New York and Minnesota.

  • Biography

    B.A., New York University
    J.D., Albany Law School
    LL.M., Albany Law School
    D.C.L., McGill University Faculty of Law (candidate)
    (editor-in-chief, Albany Law Journal of Science & Technology)

    Alexandra Harrington is a Visiting Assistant Professor of Law at Albany Law School, where she teaches courses relating to public international law and legal profession. Her publications address a variety of fields relating to international law, including environmental law, legal issues relating to climate change, natural resources regulation, international organizations, international human rights law, international child’s rights, international trade law, corporate social responsibility, and criminal law, as well as domestic fields such as constitutional law and military law. Professor Harrington routinely presents her works at domestic and international conferences, including the Annual Meetings of the American Society of International Law and the Australia and New Zealand Society of International Law and a United Nations Academic Impact in Action panel. She also serves as a member of the Global Health Committee of the Global Health Center at the SUNY Albany School of Public Health.

    In addition, Professor Harrington is a Doctor of Civil Law Candidate at the McGill University Faculty of Law and is affiliated with the Center for International Sustainable Development Law, the Centre for Human Rights and Legal Pluralism and the Institute for Comparative Law at McGill University. She has served as a professor at the University of Montreal Centre d’Etudes et de Recherches Internationales summer programs, as a Continuing Legal Education instructor in the United States and Canada, and as a Consultant to the Commission for Environmental Cooperation of the North American Agreement on Environmental Cooperation.

  • Biography

    B.S., Howard University  
    J.D., UCLA School of Law

    Visiting professor at Albany Law School from 2002-2003. Joined Albany Law School faculty in Fall 2003. Visiting professor at Washington and Lee University School of Law (2007-2008). Visiting Professor of Law at Howard University School of Law (2008-2009). Formerly associate professor of law, Western New England College School of Law. Served as Assistant United States Attorney, criminal and civil divisions; trial attorney, Division of Enforcement, Commodity Futures Training Commission; and attorney advisor, Chief Counsel's office, Urban Mass Transportation Administration, U.S. Department of Transportation.

    Co-author of the Casebook: Constitutional Criminal Procedure (4th ed. Foundation Press): http://www.constitutionalcriminalprocedure.com/index.asp

  • Biography

    B.A., State University of New York at Oswego
    J.D., Albany Law School
    LL.M. Yale Law School

    Professor Robert Heverly's research and teaching interests span property and land use law, intellectual and property and copyright law, and cyberspace and communications law. Most recently a visiting professor of law at Michigan State University College of Law, he was previously lecturer in law and director of the LL.M. Programme in Information, Technology and Intellectual Property at the Norwich Law School of the University of East Anglia (UEA) in Norwich, England, and fellow with the Information Society Project at Yale Law School, where he retains an affiliation as a faculty fellow. From 1992-2001, he served as assistant director of Albany Law School's Government Law Center.

  • Biography

    B.A., Vassar College
    J.D., University of Wisconsin Law School

    Prof. Hill has coast-to-coast experience working in Attorney Generals' offices. She returns to New York after serving two years as Assistant Attorney General/Labor Counsel for the Commonwealth of the Northern Mariana Islands. Previously she was Assistant Solicitor General, Appeals and Opinions Bureau, New York State Attorney General's Office; and was an associate attorney at Cohen, Weiss and Simon LLP, New York, N.Y.

  • Biography

    ​B.A., Ursinus College
    M.A., University of Connecticut
    J.D., University of Connecticut
    L.L.M., Lewis and Clark Law School 

    Professor Hirokawa joined the faculty at Albany Law School in 2009.  He teaches courses involving environmental and natural resources law, land use planning, property law, and jurisprudence.  Professor Hirokawa's scholarship has explored convergences in ecology, ethics, economics, and law, with particular attention given to local environmental law, ecosystem services policy, watershed management, and environmental impact analysis. He has authored dozens of professional and scholarly articles in these areas and has co-edited (with Patricia Salkin) Greening Local Government (forthcoming 2012, ABA). Prior to joining the faculty at Albany Law, Professor Hirokawa was an Associate Professor at Texas Wesleyan University School of Law and an Adjunct Professor at the University of Oregon School of Law.  Professor Hirokawa practiced land use and environmental law in Oregon and Washington and was heavily involved with community groups and nonprofit organizations. Professor Hirokawa studied philosophy and law at the University of Connecticut, where he earned his JD and MA degrees.  He earned his LLM in Environmental and Natural Resources Law from Lewis & Clark Law School.

  • Biography

    A.B., Brown University  
    J.D., Boston College

    Clerked for Judge Matthew J. Jasen, New York State Court of Appeals, practiced law with a New York law firm involved in antitrust and unfair competition litigation. Authored a book and numerous articles on antitrust and unfair competition. Active in the Litigation Section and the Committee on Antitrust and Unfair Competition of the ABA. Member of advisory group to the American Law Institute Restatement of the Law of Unfair Competition. Member of the New York State Law Revision Commission. Editor, Model Jury Charges in Business Torts Cases. One of seven nominees for the New York Court of Appeals in 1998 as selected by the State Commission of Judicial Nomination.

  • Biography

    ​B.A., Northwestern University
    J.D., Case Western Reserve University School of Law
     
    Joan Stearns Johnsen has practiced for 30 years in the area of financial services and securities arbitration as an enforcement attorney, in-house counsel, mediator and arbitrator, most recently in private practice. Past positions held include Associate General Counsel, Commodity Exchange, Inc., (COMEX), New York, N.Y.; Assistant Counsel, Smith Barney, Harris Upham & Co., Inc., New York, N.Y.; Enforcement Attorney, Commodity Futures Trading Commission, Washington, D.C.; and Mediator and Arbitrator, JAMS Panel of Neutrals, New York, N.Y. and Boston, Mass.
  • Biography

    B.S., Siena College
    J.D., Albany Law School, summa cum laude
    Executive Editor for Business, Albany Law Review
    LL.M., New York University School of Law

    Professor Kearns joined the law school faculty in 2008. Prior to joining the faculty she represented individuals, for-profit and not-for-profit entities in tax planning, tax controversy and complex tax preparation matters. Professor Kearns started her legal career as an associate in the Private Clients department of White & Case, LLP, New York, N.Y., and worked for several years as a tax lawyer in private practice as well for The Ayco Company, L.P., a Goldman Sachs Company. She directs the Tax Clinic, teaches tax related courses and conducts research in the areas of tax procedure and administration, poverty law and administrative law. Professor Kearns is the immediate past Chair of the Taxation Committee of the Trusts and Estates Section of the New York State Bar Association and currently serves on the Trusts and Estates Executive Committee as the Third Judicial District Representative.  She is a member of the American Bar Association’s Section of Taxation and the Program Chair of the Section’s Pro Bono and Tax Clinics Committee. She is also a member of the Clinical Legal Education Association and the Association of American Law Schools, Clinical Legal Education Section.

     

     

  • Biography

    B.S.N., University of Michigan
    M.S.N., University of Pennsylvania
    J.D., University of Richmond

    Joined Albany Law School in 2003. Previously special counsel and compliance officer and adjunct professor of law, Southern Illinois University and consultant and trainer, Illinois State Board of Education. Author, Special Education Law and Negotiation for Health Care Professionals. Research interests include special education, disability, and health care law.

    Author, Special Education Law and Negotiation for Health Care Professionals. Research interests include special education, disability, mental health, and health care law.

    Curriculum Vita (.pdf)

  • Biography

    B.A., University of Rochester
    M.A., Wake Forest University
    J.D., CUNY School of Law

    Professor Ko teaches Intellectual Property Licensing, Intellectual Property in Business Organizations, Law of Technology Transfer, and Appellate Practice. Her research and teaching interests focus on technology transfer, intellectual property and licensing law, clean technology and land use, and health impact assessment.

    Prior to joining the law school, Professor Ko worked for Pitney Bowes Business Insight (formerly MapInfo Corporation), where she held several positions, including senior counsel and contracts manager. At Pitney Bowes Business Insight, Professor Ko was responsible for managing the contracts department and focused on negotiations, intellectual property ownership and software licensing.

  • Biography

    B.A., J.D., Cornell University 

    Professor Louis has been part of Albany Law School since 2007 and teaches the Introduction to Litigation clinical course. She has also taught courses that focus on lawyering skills and national and state housing issues. She previously worked at Legal Services of the Hudson Valley and Chemung County Neighborhood Legal Services, where she served as a staff attorney at both offices. Professor Louis specializes in legal issues affecting low-income individuals.

  • Biography

    B.A., New York University  
    J.D., Harvard Law School

    Assistant district attorney in New York County from 1985 until joining the faculty at Albany Law School in 1989. Worked as an appellate and trial attorney in the district attorney's office. In 1997, while serving as director of the School's Domestic Violence Law Project, Prof. Lynch and seven Albany Law School students won clemency for an incarcerated battered woman. This marked the first time in New York that an incarcerated battered woman who killed her abuser was granted clemency.

    Prof. Lynch is the editor and frequent contributor to the Best Practices for Legal Education blog. The goals of this blog are to create a useful Web-based source of information on current reforms in legal education arising from the publication of Roy Stuckey's Best Practices for Legal Education and the Carnegie Foundation's Educating Lawyers; and to create a place where those interested in the future of legal education can freely exchange ideas, concerns, and opinions.

  • Biography

    B.A., Yale University  
    J.D., Yale Law School

    Timothy Lytton is the Albert & Angela Farone Distinguished Professor of Law. He is the author of several books on tort litigation and industry regulation, including Kosher: Private Regulation in the Age of Industrial Food (Harvard University Press, 2013), Holding Bishops Accountable (Harvard University Press, 2008), and Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts (contributing editor) (University of Michigan Press, 2005). He has also published articles in both English and Spanish on torts, administrative law, constitutional law, food law, public health law, conflict resolution, and jurisprudence. He teaches torts and administrative law. His current research is on food safety and product safety.

    Professor Lytton was awarded the first annual Excellence in Teaching award in 2006 and the annual Excellence in Scholarship award in 2009.

    Curriculum Vita (.pdf)

  • Biography

    B.A., University at Albany
    J.D., Albany Law School

    Prof. Mann has more than 20 years of legal experience in diverse governmental positions, including assistant district attorney, Kings County District Attorney's Office; assistant attorney general, New York State Attorney General's Office; senior counsel, New York State Energy Research and Development Authority; director, Governor's Task Force on Rape, Sexual Assault, and Child Sexual Abuse; and deputy director, Governor's Office, New York State Division for Women. She was most recently financial counselor and seminar speaker, The Ayco Company, L.P.

  • Biography

    B.A., Middlebury College
    J.D., George Washington University National Law Center

    Practiced law with legal services program in Charleston, S.C. Served as staff attorney for New York State Commission on Quality of Care for the Mentally Disabled. Member and former co-chair of the New York State Bar Association Committee on Issues Affecting People with Disabilities. Chair of the board of directors for Disability Advocates, Inc.

  • Biography

    ​B.A., Boston University
    J.D., University of San Francisco School of Law
     
    Monique McLaughlin comes to Albany School of Law with a wealth of law practice, law school teaching, curriculum development and legal academic scholarship. Professor McLaughlin was an Assistant Professor of Law from 2009-2011 at Ave Maria School of Law. She is a former faculty member at Florida A&M College of Law, serving as the bar exam expert, and was part of a curriculum team that developed an innovative and practical approach to the bar exam at the law school. While at the University of Wisconsin School of Law, Professor McLaughlin taught LL.M. students and conducted a bar exam preparation program for Asian lawyers sitting for the New York bar examination. She was a moot court judge for 1L students during oral argument. In June of 2010, Professor McLaughlin was a presenter at the National Legal Writing Conference with a presentation titled: “The Shotgun Wedding: Legal Writing, Academic Support and the New ABA Standard 301-6: Why Divorce is Not an Option”.
     
    Professor McLaughlin is a former Public Defender, Senior Assistant Attorney General and civil and criminal litigator. She was co-counsel in the well cited case of United States v. Miranda-Santiago, 96 F3d 517 (1st Cir. 1996). Her scholarship concentration is in the areas of constitutional reasoning, voting race neutrality and the emerging issues regarding criminal courts and criminal jury reform and practices that affect the disenfranchised. Her most recent publication, “Black Strikes: The Focus of Controversy and the Effect of Race Based Peremptory Challenges on the American Jury System,” published August 2011, spring edition of the Georgetown Journal of Law and Modern Critical Race Perspectives, addresses the issues of jury reform and peremptory challenges.  She also authored, "The Persistence of Racial Bias in Voting: Voter ID, The New Battleground for Pretextual Race Neutrality," 8 Wayne State Journal of Law and Society 75 (2007).
  • Biography

    R.N., Lankenau Hospital School of Nursing
    B.A., University of Pennsylvania (summa cum laude; member, Phi Beta Kappa)
    J.D., University of Pennsylvania Law School (Editor-in-Chief, Law Review; magna cum laude; Order of the Coif)

     

    Professor Moore joined the Albany Law School faculty in 1983 after completing her judicial clerkship with the Honorable Louis H. Pollak of the U.S. District Court for the Eastern District of Pennsylvania. Before attending law school, she worked for several years as a critical-care nurse, and she has drawn on that experience in her teaching and public-service activities (vice-chair of Albany Medical College’s Committee on Research Involving Human Subjects (1988-2000); member of the board of directors and executive committee of the Health Systems Agency of Northeastern New York (1991-1996)). After serving as the Law School’s Associate Dean for Student Affairs (1996-1999) and Associate Dean for Academic Affairs (1999-2005), Professor Moore returned to full-time teaching in July 2005; she received Albany Law School's Excellence in Teaching award in 2008.

    Professor Moore’s research interests include torts and health-care law. Her most recent publication is Please Watch Your Language!: The Chronic Problem of Assumption of Risk, 61 Catholic  University Law Review 175 (2011); her work in progress concerns the accountability of professional schools to their graduates and members of the public.

     

  • Biography

    ​B.S., F.S., Georgetown University, School of Foreign Service  
    J.D., Georgetown University
     
    Professor Moriarty graduated from the Georgetown University School of Foreign Service in 1964 with a B.S./F.S. degree. His interest in international affairs has lead him in the past to teach courses in Comparative Criminal Law and the International Protection of Human Rights. He received his legal training from the Georgetown University Law Center where he graduated in 1967 with the J.D. degree.
     
    Before joining the faculty at Albany Law School in 1971, Prof. Moriarty served as a law clerk to the N.Y. State Supreme Court, Appellate Division, Third Department, where he was assigned to work on the court's criminal cases, and was an Assistant District Attorney with the Albany County District Attorney's office. As a faculty member, he took on a number of criminal appeals cases as assigned counsel, as well as serving as the Faculty Director of a legal services project for N.Y. State prisoners that was run by the school. The project served as a pilot for a state-wide program operated by another agency, which has superceded it.
     
    Prof. Moriarty taught mainly in the area of criminal law (a fact of some incongruity to the fans of Sherlock Holmes), teaching the basic course in Criminal Law required of all first-year students, as well as more advanced courses in White Collar Crime, Federal Criminal Law, Juvenile Justice, Post-Conviction Remedies, Sentencing & Corrections, and Comparative Criminal Law. He also taught courses in Judicial Remedies and Business Organizations. He has an interest in history and philosophy and has taught courses in American Legal History, Jurisprudence, and Administrative Law.
  • Biography

    ​B.S., University of California, Berkeley  
    M.B.A., Tulane University  
    J.D., Stanford University

    Future Law Teaching Fellow, Georgetown University. Previously taught at the University of Toledo College of Law. Before attending law school, worked as a commercial banker in international trade and corporate finance in New Orleans and San Francisco. Research interests are interdisciplinary and cover the role of race, gender, sexual orientation, nationality, and class in the legal construction of human and corporate citizenship.

  • Biography

    B.A., Jurisprudence, Oxford University

    David Pratt has taught at Albany Law School since 1994. Previously, he was in private practice in London, Cleveland and Albany. Since 1976, he has specialized in tax and employee benefits law.

    Prof. Pratt received his law degree from Oxford University, and was admitted to practice in England in 1975 and in New York in 1978. He has published numerous articles, primarily on employee benefits topics, including 3 articles on physician-assisted suicide. He is the co-author of the Social Security and Medicare Answer Book (Aspen) and of Taxation of Distributions from Qualified Plans (Warren, Gorham & Lamont). He is a Fellow of the American College of Employee Benefits Counsel and a Senior Editor of the Journal of Employee Benefits.

    At the Law School, Professor Pratt teaches Introduction to Taxation, Elderlaw, Retirement Plans and Employee Benefits, Property and Negotiable Instruments. He also serves as Counsel to two law firms, Hodgson Russ LLP and Downs, Rachlin & Martin PLLC.

  • Biography

    ​B.S., LL.B., New York University

    Joined the faculty in 1977. Practiced civil and criminal law, served New York State as commissioner of correctional services, deputy state administrator of the New York court system, director of probation, director of Office of Crime Control Planning, and assistant district attorney for New York County. Authors annual commentaries on criminal procedure (McKinney's Consol. Laws). Member, American Law Institute and the Advisory Committee on Criminal Law and Procedure for the New York State Judicial Conference. Criminal justice consultant to state and national committees. He retired in 2010.

  • Biography

    B.A., University of Maryland
    J.D., New York Law School (magna cum laude)

     

    Prior to joining Albany Law School in 2007, Professor Queenan was Assistant General Counsel for the Patrolmen’s Benevolent Association of the City of New York, Inc., where she represented the Union in various court actions and arbitrations, and advised the Board of Trustees on issues involving the Union’s affiliated Health and Welfare Funds.  She also served as an Assistant Attorney General in the Litigation and Civil Rights Bureaus of the New York Attorney General’s Office, where she defended various state agencies in state and federal court actions and investigated potential claims of discrimination.  Before that she was an associate in two private litigation firms, where she represented clients in commercial, products liability, and general negligence actions. 

    Professor Queenan began teaching in 1999 as an adjunct faculty member at New York Law School, where she taught Legal Reasoning, Writing & Research, Written and Oral Advocacy and Drafting Contracts.

     

  • Biography

    B.A., Oberlin College
    J.D., Loyola Law School, Los Angeles (editor-in-chief, Law Review; executive editor, Loyola International and Comparative Law Journal)

    Staff attorney with the Division of Enforcement of the Securities and Exchange Commission before joining Albany Law School in 1989. Previously practiced with Pillsbury, Madison & Sutro in San Francisco.

  • Biography

    B.A., Lemoyne College
    J.D., Columbus School of Law, Catholic University


    Elizabeth Renuart is an Associate Professor of Law at Albany Law School, currently on leave. Prior to joining the faculty at Albany Law School, Professor Renuart served as an attorney with the National Consumer Law Center in its Boston office where she focused on consumer credit issues, truth in lending, banking law, and sustainable homeownership issues. She co-authored two of NCLC's treatises, Truth In Lending and The Cost of Credit: Regulation, Preemption, and Industry Abuses and two other books, Stop Predatory Lending: A Guide for Legal Advocates (2d ed. 2007)and Foreclosure Prevention Counseling: Preserving the American Dream (2nd ed. 2009). She also has authored several journal articles related to these topics. She was a member of the Consumer Advisory Council to the Federal Reserve Board from 2001-2003.  Prior to joining NCLC, Ms. Renuart was the managing attorney of a legal services program in Baltimore that provided representation to homeowners in danger of losing their homes.

    Curriculum Vita (.pdf)

  • Biography

    B.A., Manhattan College
    J.D., Albany Law School

    Prior to joining the faculty at Albany Law, Prof. Rock was an assistant attorney general in the Litigation Bureau of the New York State Department of Law. There he represented the state in civil actions, and proceedings in state and federal court. He has extensive jury trial experience in federal court, handling all types of litigation—including civil rights and employment discrimination actions. He was also previously a litigation assistant at the law firm DeGraff, Foy, Kunz & Devine, with an emphasis in employment discrimination. He was a law clerk for the U.S. Magistrate Judge David R. Homer from 1997 to 1999.

  • Biography

    B.A., University at Albany  
    J.D., Albany Law School
     
    Patricia E. Salkin, Esq. is Associate Dean, Professor of Law and Director of the Government Law Center of Albany Law School, which she joined in 1990. She teaches courses in land use law, housing law and policy, NYS administrative law, current legal issues in government and government ethics. She is also on the adjunct faculty at the University at Albany in the Department of Geography and Planning where she teaches courses in planning law and planning ethics. She is a member of the faculty of the ALI-ABA Land Use Institute, and has served as a lecturer at the University of Pennsylvania`s School of Design. Prior New York government service includes the Office of Rural Affairs, the Department of State, and the State Senate.
     
    Dean Salkin is a nationally recognized expert on land use law and zoning.  She is the author of the popular blog, Law of the Land, and her land use publications include: The 4-volume 4th edition of New York Zoning Law & Practice (1999); and the forthcoming 5-volume 5th edition of Anderson`s American Law of Zoning; Land Use & Community Development, 7th ed. (Thomson West) (with Nolon and Gitelman) (2007); Land Use in a Nutshell (Thomson West) (with Nolon) (2007); Current Trends and Practical Strategies in Land Use Law and Zoning, ed., American Bar Association Press (2004); Trends in Land Use Law from A to Z: Adult Uses to Zoning, ed., American Bar Association Press (2001); the annual Zoning and Planning Law Handbook, ed. (West Group); contributing editor of the national monthly Zoning and Planning Law Report, editor of the bi-monthly New York Zoning Law and Practice Report, and zoning and planning law columnist for the quarterly Real Estate Law Journal (West). She is a frequent lecturer for statewide and national land use programs.  Many of her dozens of law review articles, book chapters and columns can be accessed at http://www.governmentlaw.org/ or on SSRN at http://ssrn.com/author=83276
     
    Dean Salkin is an appointed member of the U.S. Environmental Protection Agency`s National Environmental Justice Advisory Council.  She has served on the Board of Directors of the New York Planning Federation, and has been active in land use reform efforts in New York including: membership on the Land Use Advisory Committee of the Legislative Commission on Rural Resources; serving as a consultant to the State Commission on the Capital Region and its land use committee; consulting for the American Planning Association`s Growing Smart initiative; and serving on a working advisory group for the Hudson River Valley Greenway Communities Council. She is a reporter for the American Planning Association`s Planning & Environmental Law and on the Editorial Advisory Board for The Urban Lawyer. In 2007, Salkin was re-appointed for a sixth term as chair of the American Planning Association`s Amicus Curiae Committee.  
     
    Dean Salkin has served on the Transition Teams for Governor Eliot Spitzer, Attorney General Andrew Cuomo, and Attorney General Eliot Spitzer. She has served as a consultant to a number of local governments across New York on zoning law reform and watershed planning issues, and for state agencies including the Governor`s Office of Regulatory Reform, assisting in the development of model zoning ordinances for economic growth for the Build Now-NY program, the New York State Office of General Services on the implementation of changes to the procurement law, and the New York State Department of State on the shared municipal services initiative. She served as a consultant to the American Institute of Certified Planners conducting an ethics assessment for the organization. Dean Salkin has also served as a consultant several times for the National Governor`s Association, and recently served as a senior consultant to the National Academy for Public Administration on the intersection of environmental justice and land use planning and zoning. In 2004, Chief Judge Judith Kaye appointed Dean Salkin as Vice Chair of her Commission to Promote Public Confidence in the Judicial Elections.
     
    Dean Salkin is an officer and member of the Executive Committee of the Municipal Law Section of the New York State Bar Association, and a founding member and Chair of the State Bar`s Standing Committee on Attorneys in Public Service. She is also the Chair of the Association`s Special Task Force on Eminent Domain and the Task Force on Town & Village Justice Courts, and a member of the Special Committee on Court Structure and Judicial Selection.  Dean Salkin is active in the American Bar Association, serving as Immediate Past-Chair and member of the Executive Committee for the State and Local Government Law Section, a member of the House of Delegates and the Standing Committee on Membership.
     
    In addition to land use law, Dean Salkin`s scholarship also focuses on government ethics. She served on the Steering Committee of the international Council on Government Ethics Laws, and is the editor of Ethical Standards in the Public Sector: A Guide for Government Lawyers, Clients and Public Officials (ABA Press 1999); Ethics in Government: The Public Trust A Two Way Street (with Smith) (New York State Bar Association 2002); and author of a series of law review and journal articles on government ethics.  
    Among her awards and recognitions, Dean Salkin received the 2007 Distinguished Member Award from the Capital District Women`s Bar Association; the 2006 Citizen of the Year from the Bethlehem Chamber of Commerce; 2004 Distinguished Alumna Award in Political Science from Rockefeller College; 2003 Community Service Award, Hudson-Mohawk Association of Colleges and Universities; 2002 Award for Excellence in Public Service from the NYS Bar Association, Committee on Attorneys in Public Service; 2000 Bernard E. Harvith Award for Environmental law; 2000 Forty Under Forty Award from the Capital District Business Review; 1999 Larry Klepper Community Builder Award from the Council of Community Services of New York State; 1998 Jefferson B. Fordham Award from the American Bar Association for an attorney in state and local government whose career is on the rise; and 1997 Hugh R. Pomeroy Award from the New York Planning Federation for achievement in zoning law.
     
    Dean Salkin is an elected Fellow of both the American Bar Association and the New York State Bar Association, and she was elected as a Fellow of the State Academy for Public Administration. She is a member of the American Bar Association, the New York State Bar Association, the Capital District Women`s Bar Association and the Albany County Bar Association.
     
     
     
  • Biography

    B.S., California Institute of Technology
    M.B.A., J.D., Stanford University

    Clerked for Chief Justice William S. Richardson of the Hawaii Supreme Court and was a visiting professor at Georgetown University Law School and George Washington University Law School.

  • Biography

    B.S., J.D., Arizona State University

    Joined Albany Law School in 1989. Was previously in private practice in Phoenix, Ariz., concentrating on criminal defense and personal injury litigation; was the training director for the Maricopa County Public Defenders Office; and a judge pro tem. Teaches CLE seminars and trial advocacy workshops throughout the nation. She also serves on Judge Kaye's task force on wrongful convictions and the state bar's committee on the future of indigent defense, and she is a referee for the New York State Commission on Judicial Conduct.

    Professor Shanks is a frequently quoted resource for reporters around the country. 

  • Biography

    B.A., Brooklyn College;
    J.D., St. John's University;
    LL.M., New York University
     
    Professor Siegel joined Albany Law School in 1972. His textbooks/treatises include: New York Practice (3d Ed.); Conflicts in a Nutshell (2d Ed.); annual commentaries on civil practice (McKinney's Consol. Laws) and federal practice (U.S. Code Annotated); editor of New York State Law Digest (monthly) and Siegel's Practice Review (monthly). Author, New York Court of Appeals Handbook and Appellate Division Handbook. He retired from Albany Law School in 2007.
  • Biography

    B.A., Houghton College
    J.D., Albany Law School

    Joined Albany Law School in 1974. Formerly was assistant professor at Rensselaer Polytechnic Institute. Author of the multi-volume treatise, Antieau on Local Government Law, second edition, and the new book, Understanding Local Government (Matthew Bender). She was founding director of the Government Law Center and served as director and associate dean from 1985 through 1990.  She also developed the internationally recognized Saratoga Conferences and initiated a science, technology, and law focus at the law school. Professor Stevenson retired in 2010.

  • Biography

    B.A., Carleton College
    J.D., Georgetown University

     

    Professor Sundquist is a nationally recognized scholar on issues of race and law.  While his principal research interest lies at the intersection of genetics, race and law, he has published and presented widely on a variety of issues in the fields of constitutional law, evidence law, immigration law, critical race theory, education reform and welfare reform.  His publications have appeared in numerous academic journals, including the Harvard Blackletter Law Journal, the N.Y.U. Annual Survey of American Law, the Columbia Journal on Race and Law, and the Georgetown Journal on Poverty Law and Policy.  Professor Sundquist has delivered lectures and presentations in a variety of venues, including at the Facing Race annual conference on racial justice, the Kirwan Institute for the Study of Race and Ethnicity, the Society of American Law Teachers annual conference, the National People of Color legal conference, the LatCrit annual conference, and the Research Council for the Sociology of Law annual conference.  Professor Sundquist has also delivered lectures to the New York State legislature (staff attorneys) and the New York State Department of Health.

    Professor Sundquist teaches Evidence, Advanced Evidence, Federal Jurisdiction and Practice, Immigration Law and Policy, and Economic Justice at the law school.  He is a member of the Society of American Law Teachers, the Capital District Black and Hispanic Bar Association, the American Bar Association, and the New York State Bar Association.  Before entering academia, Professor Sundquist practiced in the litigation group at Chadbourne & Parke LLP in New York, N.Y., an internationally-known law firm.   

    Much of his scholarship may be found on the Social Science Research Network (SSRN) at http://ssrn.com/author=1246118.  

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • Biography

    ​B.A., Kenyon College
    J.D., Case Western Reserve University School of Law

    In private practice for more than 10 years, then consultant to law firms in Connecticut and New York, specializing in real estate issues. Extensively published in the area of real estate.

  • Biography

    B.A., Northwestern University  
    J.D., Cornell Law School


    Professor Evelyn M. Tenenbaum is a graduate of Northwestern University and Cornell Law School. She served in the Attorney General's office as a Section Chief and Assistant Solicitor General and was a consultant to the New York State Department of Health. Specializing in health law, she is currently also a Professor of Bioethics at Albany Medical College and has published widely in the areas of health law, bioethics and civil rights.

    Professor Tenenbaum has extensive experience handling and supervising health care litigation. She has successfully handled dozens of cases in the federal and state courts, both at the trial level and on appeal. Her high-profile health policy cases cover areas including mandatory testing for AIDS, guidelines for office-based surgery, state sick-leave policies, the constitutionality of closing bathhouses, and reproductive policies at Catholic hospitals. She was the lead attorney in a class action involving the Social Security Administration's over-reliance on the treadmill exercise test and won class-wide relief entitling class members to disability benefits totaling more than $65 million and saving New York's state and local governments approximately $11 million per year.

    Professor Tenenbaum has also handled and supervised dozens of civil rights cases. Her high-profile civil rights cases include a landmark decision upholding the constitutionality of applying the State Labor Relations Act to lay teachers at Catholic Schools.

    She serves on the Ethics Review Committee at Albany Medical Center and is the faculty advisor to the law school's Domenick L. Gabrielli National Family Moot Court Competition.

  • Biography

    B.Sc., University of Toronto  
    LL.B., Osgoode Hall Law School of York University  
    LL.M., Columbia University School of Law
    (associate editor, Columbia Journal of Transnational Law)

    Donna E. Young has taught at Albany Law School since 1993. Prior to coming to the Law School, she worked in litigation at Cornish Roland, a labor law firm in Toronto, Canada, as a consultant at the Ontario Human Rights Commission examining the procedural and adjudicatory treatment of race discrimination cases in Canada, and at the City of New York, Mayor's Office of Labor Relations, Legal Department. She was awarded a Fellowship from Cornell Law School's Gender, Sexuality, and Family Project and was a Visiting Scholar at Osgoode Hall Law School's Institute of Feminist Legal Studies in Toronto. She taught as an Associate in Law at Columbia Law School in 1994-96 while obtaining an LL.M. From 2004 to 2005 Professor Young was a Visiting Scholar at the Facolta di Giurisprudenza, Universita Roma Tre in Rome, Italy, and a consultant to the International Development Law Organization in Rome during which time she traveled to Uganda to conduct fieldwork on the interaction of women's property rights and HIV/AIDS.

    As a law student, she was a human rights intern at the Centre for Ethnic Studies in Colombo, Sri Lanka, where she worked on comparative constitutional reform projects. Professor Young researches in the areas of law and development, comparative labor/employment law, feminist legal theory, critical race theory, and international labor and human rights law. She has been invited to present her work at conferences in the U.S., Canada, Sri Lanka, Italy, Germany, Hungary, France, Mexico, Puerto Rico, and the U.K. She teaches Criminal Law, Employment Regulation, Federal Civil Procedure, and Gender and Work. She is admitted to practice in the state of New York.

  • Biography

    LL.M. (1984) Columbia University School of Law, New York
    LL.B. (1982) University of Natal, Durban, South Africa
    B.A. (1980) University of Natal, Durban, South Africa (Majors: Economic History; Comparative African Government and Administration)

    Penelope (Penny) Andrews

    Dean Andrews is the school’s 17th president and dean, effective July 1, 2012. Andrews is the first female president for the school since it opened in 1851.

    Previously Dean Andrews was the Associate Dean for Academic Affairs and Professor of Law at City University of New York School of Law (CUNY). Prior to joining CUNY, she was a Professor of Law and Director of International Studies at Valparaiso Law School, where she taught torts, public international law, international human rights law and international criminal law.

    Dean Andrews has extensive experience  in legal education since she commenced her law teaching career in Melbourne, Australia in 1986. She has been tenured at four law schools, one in Australia and three in the United States, and has served on significant law school committees and in public interest legal organizations. She has been a member of and chaired several accreditation site teams for the American Bar Association’s section on Legal Education and Admissions to the Bar.

    Dean Andrews, who was born and raised in South Africa, has extensive international experience, including teaching at law schools in Germany, Australia, Holland, Scotland, Canada and South Africa. An annual award in her name—The Penelope E. Andrews Human Rights Award—was inaugurated in 2005 at the South African law school of University of Kwazulu-Natal. Along with numerous other awards, she holds a “Women of South Africa Achievement Award,”  the Albany Law Review’s Women Who Mean Business Award, the Haywood Burns/Shanara Gilbert Award, as well as Albany Law’s Kate Stoneman Award, which she received in 2002.

    She has consulted for the United Nations Development Fund for Women, and for the Ford Foundation in Johannesburg, where she evaluated labor law programs. She earned her B.A. and LL.B from the University of Natal, Durban, South Africa, and her LL.M from Columbia University School of Law, New York.

    She has published extensively on topics centered on gender and racial equality, South African legal issues, Australian legal issues, and international justice. Her most recent book, From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights, was published by Ashgate in 2012. She is currently working on a paper that focuses on the challenges for law school graduates in rural communities.

    Read more about Dean Andrews' background and vision for the School.
  • Biography

    A.B., University of California, Berkeley;
    J.D., Albany Law School

    Before joining Albany Law School faculty in 1975, Professor Katz was an assistant professor at Rensselaer Polytechnic Institute, and engaged in private practice in Albany. She was a founding partner in one of the first female law firms in upstate New York. Her research and publication interests include reproductive rights of minors, cloning, and embryo donation. In 2007, Professor Katz was named the first Kate Stoneman Chair in Law and Democracy. Professor Katz retired from Albany Law School in 2010

  • Biography

    B.A., Hillsdale College
    M.A., Seton Hall University
    J.D., Seton Hall University
    LL.M., Southern Methodist University

    Professor Rogerson joins the faculty having completed a Clinical Teaching Fellowship at University of Baltimore School of Law, where she taught and supervised students enrolled in the Immigrant Rights Clinic. Previously, she represented immigrant adults and children in cases involving torture, domestic violence, human trafficking and guardianship petitions at the Human Rights Initiative of North Texas, Inc., in both state and federal courts. Professor Rogerson also spent several years as a litigation associate practicing federal and state law in New York and New Jersey. Her scholarship is focused on the intersections between domestic violence, family law, international law and immigration law and policy.​

  • Biography

    S.J.D., Harvard Law School (Doctor of Juridical Science)
    LL.M., Harvard Law School (Master of Laws)
    LL.M., Gothenburg University, Sweden 

    Visiting Assistant Professor 2006 - 2007
    Associate Professor: 2007 - present (currently on research leave)
    Visiting Professor: UMass School of Law 2011-2012

    Dr. Grahn-Farley was the Harvard Law School Gammon Fellow (awarded for high academic achievement at Harvard Law School), the Godfrey Lecturer at the University of Maine School of Law, Visiting Scholar with the Boston College Graduate Department of Sociology, Andrew Mellon Postdoctoral  Fellow (Residential) with the Redress and Reparations Group at the Humanities Research Institute of the University of California, and an Undergraduate Faculty Advisor with the Harvard University Department of English. 

    She has served on the National Board of Save the Children - Sweden, the world’s leading international child rights organization. 

    She is a much sought after public speaker and her academic work has appeared in a number of books and academic journals.  These include: Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance (Sari Kouvo and Zoe Pearson eds., Hart Press: forthcoming 2011); Critical Race Feminism, 2nd edition (Adrien Wing ed., NYU Press: 2003); Michigan Journal of International Law; New York University Review of Law & Social Change; Boston College Third World Law Journal; Law and Literature; Brooklyn Journal of International Law; DePaul Law Review; Cardozo Women's Law Journal; University of Miami Law Review; Journal of Gender, Race & Justice; and Transnational Law & Contemporary Problems.  

    Prof. Grahn-Farley’s current project is at the intersection of human rights, international child rights, and United States constitutional law. 

    In addition to International Law, International Child Rights, and Constitutional Law, her teaching interests also include: Human Rights, International Organizations, American and Scandinavian Jurisprudence, Feminist Legal Theory and Nordic Feminism, Postcolonial Theory, Law & Literature, The Law of the Welfare State, and Family Law.

    Courses: International Law, Legal Theory, Constitutional Law, Women & The Law, International Child Rights and International Organizations.

     

     

     

  • Biography

    B.A., Siena College
    J.D., Albany Law School

    Jill Dunn was appointed Visiting Assistant Professor for Academic Success at Albany Law School in June 2012.  Most recently, she founded and operated The Dunn Law Firm PLLC in Albany, where she provided legal and dispute resolution services to individuals and organizations from the Capital Region, New York City and Canada.  While engaged in private practice, Professor Dunn provided bar exam coaching and consulting services to individuals preparing to take the New York bar exam.  She is a former Assistant Examiner for the New York State Board of Law Examiners, where she wrote New York multiple choice questions, graded New York and MPT essays and reviewed draft questions for comment to the Board to the National Conference of Bar Examiners.  Professor Dunn was appointed to the Adjunct Faculty of Albany Law School in 2004 to teach Government and Public Service. 

    She served as Counsel to Lieutenant Governor Mary Donohue from 1999 to 2002 and was then appointed Deputy Commissioner for Legal Affairs and General Counsel for the New York State Department of Motor Vehicles.  Prior to her tenure in government service, she spent several years engaged in civil litigation and white collar criminal defense in private practice in Albany. Professor Dunn was the inaugural recipient of the Hon. Judith S. Kaye Distinguished Attorney Award, bestowed upon her by the Capital District Chapter of the Women’s Bar Association of the State of New York in June 2009.  She volunteers her time to professional and civic endeavors, including the Capital District Women’s Bar Association (Past President), the New York State Bar Association (Dispute Resolution Section Executive Committee), the CDWBA Legal Project (Steering Committee) and Albany Law School (Government Law Center Advisory Board, National Alumni Association Board, Career Center).  She has lectured for the New York State Bar Association and the American Association of Motor Vehicle Administrators. 

  • Biography

    Michael Rooke-Ley has joined Albany Law School as a visiting professor for the Spring 2013 semester. He will be teaching Constitutional Law and a seminar on the re-segregation of  public schools and on the state of affirmative action in higher education. During his 35 years as a law professor, he has taught at eight law schools across the country, and has served as a legal education consultant at law schools in Sri Lanka, Croatia and Uganda. He has also served as a president of the Society of American Law Teachers, the nation’s largest organization of law professors, and as an ABA-AALS site team evaluator of law schools. From his youthful days as a “freedom rider” with CORE in Mississippi and Louisiana, registering voters and engaging in lunch counter sit-ins, and subsequently as a community organizer with VISTA in Texas, Professor Rooke-Ley has been deeply involved in issues of access to justice. In the Grutter and Gratz affirmative action cases, he helped develop and oversaw SALT’s amicus brief, as he has recently done in the Fisher case, currently pending before the Supreme Court. Professor Rooke-Ley has received numerous teaching recognitions over the years and looks forward to engaging, animated and participatory classroom experiences at Albany Law School.

  • Book: Bioethics and Disability

    BIOETHICS AND DISABILITY: TOWARD A DISABILITY-CONSCIOUS BIOETHICS (Cambridge University Press, 2011), takes on the tension between disability rights scholars and bioethicists. According to some disability rights activists, bioethicists focus too broadly on the concept of patient rights at the expense of the practical challenges facing individuals with disabilities.

    BioethicsCover.jpg“The book explores why this tension exists, and it takes seriously the charge that medicine in general, and bioethics in particular, would better serve people of all abilities if it were more mindful of disability issues,” explained Professor Ouellette, who is also a professor of bioethics at the Union Graduate College/Mount Sinai School of Medicine Program in Bioethics.

    For example, Professor Ouellette continued, “A man who was rendered a ventilator-dependant quadriplegic via a motorcycle accident became despondent after being isolated for months in nursing homes and a hospital ICU. He petitioned a court for—and won—the right to turn off his ventilator. While bioethicists argued that the choice to end his life was his alone, disability experts intervened and found a way for him to live and work at home, which improved his life and ultimately contributed to his decision not to turn off the ventilator.”

    “Working together, bioethicists, disability rights advocates, doctors and nurses can learn to look past disability to see the bigger picture, thereby developing appropriate, comprehensive treatments that ensure positive quality of life for everyone,” concluded Professor Ouellette.

    A leading scholar in the field of bioethics, Professor Ouellette is co-editing the definitive Cambridge Dictionary of Bioethics (forthcoming) and contributed the article “Growth Attenuation, Parental Choice, and the Rights of Disabled Children: Lessons from the Ashley X Case” to the Houston Journal of Health Law. She has been published widely throughout her career in academic journals such as the American Journal of Law and Medicine, the Hastings Center Report, theAmerican Journal of Bioethics, the Indiana Law Journal and Oregon Law Review.

  • Center for Judicial Process

    ​The Center for Judicial Process is an independent, nonpartisan, nonprofit organization devoted to the interdisciplinary research and study of courts and judges, including decision-making and voting, the judicial role and selection, and other facets of the judicial process. The Center's mission is to encourage such research and study and to provide a forum for publication.

    The organization of the Center, as well as the research and study undertaken and published, is intended to be primarily the work of students. It is operated by a staff of students of Albany Law School, under the direction of Albany Law School Professor Vincent Martin Bonventre. The Center, however, welcomes law students and law-related graduate students nationwide to participate in the work of the Center and to contribute research and study of the judicial process for publication.

    Ultimately, the Center's aim in encouraging and publishing judicial research and studies is to serve as a valuable educational resource for the academic community, public officials, journalists, and the public at large.

  • Citations

    Note: Cases are arranged chronologically by court; divisions within each court are ignored for these purposes


    Court of Appeals

    1) Edwards v. Erie Coach Lines Co., 17 N.Y.3d 306, 952 N.E.2d 1033, 929 N.Y.S.2d 41, 2011 N.Y. Slip Op. 05583, N.Y., June 30, 2011.

    2) Gibbs v. St. Barnabas Hospital, 2010 WL 5105037, 2010 N.Y. Slip Op. 09198, N.Y., December 16, 2010.

    3) Howard S. v. Lillian S., 14 N.Y.3d 431, 928 N.E.2d 399, 902 N.Y.S.2d 17, 2010 N.Y. Slip Op. 03474, N.Y., April 29, 2010.

    4) People v. Kozlowski, 11 N.Y.3d 223, 898 N.E.2d 891, 869 N.Y.S.2d 848, 2008 WL 4585261, 2008 N.Y. Slip Op. 07759, N.Y., October 16, 2008.

    5) Arons v. Jutkowitz, 9 N.Y.3d 393, 880 N.E.2d 831, 850 N.Y.S.2d 345, 2007 WL 4163865, 2007 N.Y. Slip Op. 09309, N.Y., November 27, 2007.

    6) Matter of Stern, 91 N.Y.2d 591, 696 N.E.2d 984, 673 N.Y.S.2d 972, 1998 WL 242612, 1998 N.Y. Slip Op. 04553, N.Y., May 14, 1998.

    7) Stortecky v. Mazzone, 85 N.Y.2d 518, 650 N.E.2d 391, 626 N.Y.S.2d 733, 1995 WL 252286, N.Y., May 02, 1995.


    Appellate Division Cases (All Departments)

    1) Am. Heritage Realty LLC v. Strathmore Ins. Co., 2012 WL 6698929, 2012 N.Y. Slip Op. 09120, N.Y.A.D. 3 Dept., December 27, 2012.

    2) In re Eddie Gomez v. Fischer, 2012 WL 6049702, 2012 N.Y. Slip Op. 08374, N.Y.A.D. 3 Dept., December 6, 2012.

    3) Shields v. Carbone, 99 A.D.3d 1100, 955 N.Y.S.2d 216, 2012 N.Y. Slip Op. 07026, N.Y.A.D. 3 Dept., October 18, 2012.

    4) People v. Laurange, 97 A.D.3d 995, 948 N.Y.S.2d 567 (Mem), 2012 N.Y. Slip Op. 05682, N.Y.A.D. 3 Dept., July 19, 2012.

    5) Plaza PH2001 LLC v. Plaza Residential Owner LP, 98 A.D.3d 89, 947 N.Y.S.2d 498, 2012 N.Y. Slip Op. 05119, N.Y.A.D. 1 Dept., June 26, 2012.

    6) Zakhidov v. Boulevard Tenants Corp., 96 A.D.3d 737, 945 N.Y.S.2d 756, 2012 N.Y. Slip Op. 04334, N.Y.A.D. 2 Dept., June 6, 2012.

    7) Dormer v. Suffolk County Police Benev. Ass’n Inc., 95 A.D.3d 1166, 945 N.Y.S.2d 144, 2012 N.Y. Slip Op. 03979, N.Y.A.D. 2 Dept., May 23, 2012.

    8) Fredette v. Town of Southampton, 95 A.D.3d 940, 944 N.Y.S.2d 206, 2012 N.Y. Slip Op. 03595, N.Y.A.D. 2 Dept., May 8, 2012.

    9) U.S. Bank N.A. v. GreenPoint Mortg. Funding, Inc., 94 A.D.3d 58, 939 N.Y.S.2d 395, 2012 N.Y. Slip Op. 01515, N.Y.A.D. 1 Dept., February 28, 2012.

    10) New York State Div. of Human Rights v. Young Legends, LLC, 90 A.D.3d 1265, 934 N.Y.S.2d 628, 2011 N.Y. Slip Op. 09060, N.Y.A.D. 3 Dept., December 15, 2011.

    11) Wagenstein v. Shwarts, 82 A.D.3d 628, 920 N.Y.S.2d 55, 2011 N.Y. Slip Op. 02445, N.Y.A.D. 1 Dept., March 29, 2011.

    12) Matter of Duve v. Richards, 81 A.D.3d 1226, 917 N.Y.S.2d 744, 2011 N.Y. Slip Op. 01395, N.Y.A.D. 3 Dept., February 24, 2011.

    13) Troy Sand & Gravel Co., Inc. v. Town of Nassau, 2010 WL 5115333, 2010 N.Y. Slip Op. 09321, N.Y.A.D. 3 Dept., December 16, 2010.

    14) Kooper v. Kooper, 74 A.D.3d 6, 901 N.Y.S.2d 312, 2010 N.Y. Slip Op. 04147, N.Y.A.D. 2 Dept., May 11, 2010.

    15) Welter v. Feigenbaum, 69 A.D.3d 412, 892 N.Y.S.2d 89, 2010 WL 10382, 2010 N.Y. Slip Op. 00012, N.Y.A.D. 1 Dept., January 05, 2010.

    16) Osowski v. AMEC Const. Management, Inc., 69 A.D.3d 99, 887 N.Y.S.2d 11, 2009 WL 3200042, 2009 N.Y. Slip Op. 07208, N.Y.A.D. 1 Dept., October 08, 2009.

    17) Bumpus v. New York City Transit Authority, 66 A.D.3d 26, 883 N.Y.S.2d 99, 2009 WL 1959484, 2009 N.Y. Slip Op. 05737, N.Y.A.D. 2 Dept., July 07, 2009.

    18) 155 West 21st Street, LLC v. McMullan, 61 A.D.3d 497, 877 N.Y.S.2d 56, 2009 WL 1011082, 2009 N.Y. Slip Op. 02884, N.Y.A.D. 1 Dept., April 16, 2009.

    19) In re John H., 60 A.D.3d 1168, 876 N.Y.S.2d 169, 2009 WL 614757, 2009 N.Y. Slip Op. 01740, N.Y.A.D. 3 Dept., March 12, 2009.

    20) Mauro v. Rosedale Enterprises, 60 A.D.3d 401, 873 N.Y.S.2d 627, 2209 N.Y. Slip. Op. 01518, N.Y.A.D. 1 Dept., March 3, 2009.

    21) Mahoney v. Turner Const. Co., 61 A.D.3d 101, 872 N.Y.S.2d 433, 2009 WL 88604, 2009 N.Y. Slip Op. 00137, N.Y.A.D. 1 Dept., January 15, 2009.

    22) Arts4All, Ltd. v. Hancock, 54 A.D.3d 286, 863 N.Y.S.2d 193, 2008 WL 3896982, 2008 N.Y. Slip Op. 06673, N.Y.A.D. 1 Dept., August 26, 2008.

    23) Nasser v. Nasser, 52 A.D.3d 306, 859 N.Y.S.2d 445, 2008 WL 2369354, 2008 N.Y. Slip Op. 05356, N.Y.A.D. 1 Dept., June 12, 2008.

    24) Gradaille v. City of New York, 52 A.D.3d 279, 858 N.Y.S.2d 600, 2008 WL 2344425, 2008 N.Y. Slip Op. 05326, N.Y.A.D. 1 Dept., June 10, 2008.

    25) LaJoy v. State, 48 A.D.3d 1022, 852 N.Y.S.2d 461, 2008 WL 517281, 2008 N.Y. Slip Op. 01682, N.Y.A.D. 3 Dept., February 28, 2008.

    26) Weissman v. 20 East 9th Street Corp., 48 A.D.3d 242, 852 N.Y.S.2d 67, 2008 WL 323737, 2008 N.Y. Slip Op. 01061, N.Y.A.D. 1 Dept., February 07, 2008.

    27) Crawford v. Liz Claiborne, Inc., 45 A.D.3d 284, 844 N.Y.S.2d 273, 2007 N.Y. Slip Op. 08301, N.Y.A.D. 1 Dept., November 1, 2007 (No. 995, 113702/04).

    28) Barnes v. City of New York, 44 A.D.3d 39, 840 N.Y.S.2d 582, 2007 WL 2127855, 2007 N.Y. Slip Op. 06260, N.Y.A.D. 1 Dept., July 26, 2007.

    29) Filannino v. Triborough Bridge & Tunnel Auth., 34 A.D.3d 280, 824 N.Y.S.2d 244, 2006 N.Y. Slip Op. 08169, N.Y.A.D. 1 Dept., November 14, 2006.

    30) Mann ex rel. Akst v. Cooper Tire Co., 33 A.D.3d 24, 816 N.Y.S.2d 45, 2006 WL 1493248, 2006 N.Y. Slip Op. 04335, N.Y.A.D. 1 Dept., June 01, 2006.

    31) Bustos v. Lenox Hill Hosp., 29 A.D.3d 424, 816 N.Y.S.2d 24, 2006 WL 1348488, 2006 N.Y. Slip Op. 03983, N.Y.A.D. 1 Dept., May 18, 2006.

    32) Velez v. Hunts Point Multi-Service Center, Inc., 29 A.D.3d 104, 811 N.Y.S.2d 5, 2006 N.Y. Slip Op. 01105, N.Y.A.D. 1 Dept., February 9, 2006

    33) Pina v. Flik Intern. Corp., 25 A.D.3d 772, 808 N.Y.S.2d 752, 2006 WL 238899, 2006 N.Y. Slip Op. 00640, N.Y.A.D. 2 Dept., January 31, 2006.

    34) Gokey v. Decicco, 24 A.D.3d 860, 804 N.Y.S.2d 870, 2005 WL 3211629, 2005 N.Y. Slip Op. 09176, N.Y.A.D. 3 Dept., December 01, 2005.

    35) In re Piccillo, 19 A.D.3d 1087, 797 N.Y.S.2d 236, 2005 WL 1377871, 2005 N.Y. Slip Op. 04810, N.Y.A.D. 4 Dept., June 10, 2005.

    36) In re Kelly, 17 A.D.3d 791, 794 N.Y.S.2d 458, 2005 WL 851146, 2005 N.Y. Slip Op. 02904, N.Y.A.D. 3 Dept., April 14, 2005.

    37) In re Moros, 12 A.D.3d 373, 784 N.Y.S.2d 569, 2004 WL 2452685, 2004 N.Y. Slip Op. 07834, N.Y.A.D. 2 Dept., November 01, 2004.

    38) Estate of Matter of Wallace, 239 A.D.2d 14, 667 N.Y.S.2d 768, 1998 WL 11022, 1998 N.Y. Slip Op. 00298, N.Y.A.D. 3 Dept., January 15, 1998.

    39) Winston v. Freshwater Wetlands Appeals Bd., 224 A.D.2d 160, 646 N.Y.S.2d 565, 1996 WL 480671, N.Y.A.D. 2 Dept., August 19, 1996.


    Supreme Court – Appellate Term

    1 Allstate Ins. Co. v. Rasoul, 36 Misc.3d 151(A), 2012 WL 3791293 (Table), 2012 N.Y. Slip Op. 51679(U), Unreported Disposition, N.Y.Sup. App. Term, Aug. 30, 2012.

    2) B.Y., M.D., P.C. v. Lancer Insurance Co., 26 Misc.3d 146(A), 907 N.Y.S.2d 435, 2010 WL 1063922, 2010 N.Y. Slip Op. 50493(U), Unreported Disposition, N.Y.Sup.App. Term, March 19, 2010 (No. 2009-558NC).  

    3) Axis Chiropractic, PLLC v. GEICO General Ins. Co., 29 Misc.3d 134(A), 2010 WL 4630351, 2010 Slip Op. 51963(U), Unreported Disposition, N.Y.Sup.App. Term, November 12, 2010 (No. 2009-1735KC).

    4) MIA Acupuncture, P.C. v. Mercury Ins. Co., 894 N.Y.S.2d 321, 26 Misc.3d 39, 2009 WL 4824196, 2009 N.Y. Slip Op. 29509, N.Y.Sup.App. Term, December 09, 2009.

    Supreme Court

    1) In re New York City Asbestos Litigation, 37 Misc.3d 1232(A), 2012 WL 6554893 (Table), 2012 N.Y. Slip Op. 52298(U), N.Y.Sup., December 17, 2012.

    2) Nukic v. Roman Catholic Diocese of Brooklyn, 37 Misc.3d 1204(A), 2012 WL 4510539 (Table), 2012 N.Y. Slip Op. 51873(U), N.Y.Sup., September 28, 2012.

    3) Alba v. NYC Transit Auth., 37 Misc.3d 838, 952 N.Y.S.2d 394, 2012 N.Y. Slip Op. 22274, N.Y.Sup., September 24, 2012.

    4) Sanchez v. Metro Builders Corp., Unreported Disposition, 36 Misc.3d 1215(A), 954 N.Y.S.2d 761 (Table), 2012 WL 2947776, 2012 N.Y. Slip Op. 51332(U), N.Y.Sup., July 20, 2012.

    5) Guilfoyle v. Parkash, Unreported Disposition, 36 Misc.3d 1213(A), 954 N.Y.S.2d 759 (Table), 2012 WL 2877625 (N.Y.Sup.), 2012 N.Y. Slip Op. 51265(U), N.Y.Sup., July 16, 2012.

    6) Murphy v. County of Suffolk, 35 Misc.3d 1239(A), 954 N.Y.S.2d 760 (Table), 2012 WL 2148984, 2012 N.Y. Slip Op. 51050(U), N.Y.Sup., June 7, 2012.

    7) NCSPLUS Inc., v. WBR Mgmt. Corp., 37 Misc.3d 227, 949 N.Y.S.2d 317, 2012 N.Y. Slip Op. 22202, N.Y.Sup., May 31, 2012

    8) Gillette v. Sembler, 34 Misc.3d 1220(A), 950 N.Y.S.2d 491 (Table), 2012 WL 373100 (N.Y.Sup.), 2012 N.Y. Slip Op. 50188(U), N.Y.Sup., February 3, 2012

    9) Gyani v. Great Neck Medical Group, 35 Misc.3d 278, 936 N.Y.S.2d 534, 2012 N.Y. Slip Op. 22009, N.Y.Sup., January 11, 2012.

    10) United Nimba Citizens Council (UNICCO) v. Dorliae, 33 Misc.3d 1228(A), 943 N.Y.S.2d 795 (Table), 2011 WL 6015800 (N.Y.Sup.), 2011 N.Y. Slip Op. 52154(U), N.Y.Sup., December 1, 2011.

    11) Parklex Associates, Ltd. V. Parklex Associates, Inc., 33 Misc.3d 1216(A), Unreported Disposition, N.Y.Sup., October 31, 2011 (No. 14514/2006).

    12) Keystone Nazareth Bank & Trust Co. v. Rosenbaum, 32 Misc.3d 1214(A), 2011 WL 2712955, 2011 N.Y. Slip Op. 51288(U), Unreported Disposition, N.Y.Sup., July 8, 2011 (No. 32097/09).

    13) Dominguez v. Ilan, 31 Misc.3d 1219(A), 929 N.Y.S.2d 199 (Table), 2011 WL 1587738, 2011 N.Y. Slip Op. 50735(U), Unreported Disposition, N.Y.Sup., April 12, 2011 (No. 116709/06).

    14) Scannapieco v. Scannapieco, 30 Misc.3d 1226(A), 926 N.Y.S.2d 347 (Table), 2011 WL 652750, 2011 N.Y. Slip Op. 50217(U), Unreported Disposition, N.Y.Sup., February 17, 2011 (No. 201709/10).

    15) Rizzo v. Moseley, 2010 WL 5186636, 2010 N.Y. Slip Op. 20524, N.Y.Sup., December 21, 2010 (No. 11214/07).

    16) Adams-Thomas v. City of New York, 29 Misc.3d 1227(A), 2010 WL 4860964, 2010 N.Y. Slip Op. 52049(U), Unreported Disposition, N.Y.Sup., October 29, 2010 (No. 24169-04).

    17) Schreiber v. Schreiber, 29 Misc.3d 171, 904 N.Y.S.2d 886, 2010 N.Y. Slip Op. 20271, N.Y.Sup., June 25, 2010.

    18) Rosa v. City of New York, 27 Misc.3d 1234(A), 2010 WL 2363338, 2010 N.Y. Slip Op. 51029(U), Unreported Disposition, N.Y.Sup., May 3, 2010 (No. 113359/05).

    19) James, Hoyer, Newcomer, Smiljanich and Yanchunis, P.A. v. New York, et al., 27 Misc.3d 1223(A), 910 N.Y.S.2d 762, 2010 WL 1949120, 2010 N.Y. Slip Op. 50863(U), Unreported Disposition, N.Y.Sup., March 31, 2010 (No. 114184/09).

    20) Rodriguez v. Sequoia Property Management Corp., 24 Misc.3d 822, 878 N.Y.S.2d 606, 2009 WL 1272055, 2009 N.Y. Slip Op. 29194, N.Y.Sup., May 08, 2009.

    21) Theodoli v. 170 East 77TH 1 LLC, 24 Misc.3d 1103, 883 N.Y.S.2d 686, 2009 WL 1332533, 2009 N.Y. Slip Op. 29207, N.Y.Sup., April 13, 2009.

    22) In re Fleet Nat. Bank, 20 Misc.3d 879, 864 N.Y.S.2d 706, 2008 WL 2626569, 2008 N.Y. Slip Op. 28246, N.Y.Sup., June 30, 2008.

    23)Business Relocation Services, Inc. v. City of New York, 19 Misc.3d 1114(A), 859 N.Y.S.2d 901, 2008 WL 898934, 2008 N.Y. Slip Op. 50681(U), Unreported Disposition, N.Y.Sup., April 03, 2008 (No. 9921/06).

    24) Consolidated Sewing Mach. Corp. v. Sanford, 19 Misc.3d 1114(A), 862 N.Y.S.2d 813, 2008 WL 918280, 2008 N.Y. Slip Op. 50715(U), Unreported Disposition, N.Y.Sup., March 21, 2008 (No. 604384/05).

    25) Helie v. McDermott, Will & Emery, 18 Misc.3d 673, 852 N.Y.S.2d 701, 2007 WL 4438953, 2007 N.Y. Slip Op. 27523, N.Y.Sup., December 17, 2007.

    26) Laddcap Value Partners, LP v. Lowenstein Sandler P.C., 18 Misc.3d 1130(A), 859 N.Y.S.2d 895, 2007 WL 4901555, 2007 N.Y. Slip Op. 52538(U), Unreported Disposition, N.Y.Sup., December 05, 2007 (No. 600973-2007).

    27) Morano v. Slattery Skanska, Inc., 18 Misc.3d 464, 846 N.Y.S.2d 881, 2007 WL 4198231, 2007 N.Y. Slip Op. 27491, N.Y.Sup., November 28, 2007.

    28) Finkelman v. Klaus, 17 Misc.3d 1138(A), 856 N.Y.S.2d 23, 2007 WL 4303538, 2007 N.Y. Slip Op. 52331(U), Unreported Disposition, N.Y.Sup., November 28, 2007 (No. 5257/05).

    29) Christie's, Inc. v. Zirinsky, 17 Misc.3d 1123(A), 851 N.Y.S.2d 68, 2007 WL 3237539, 2007 N.Y. Slip Op. 52125(U), Unreported Disposition, N.Y.Sup., August 29, 2007 (No. 602636/05).

    30) Adams v. Rizzo, 13 Misc.3d 1235(A), 831 N.Y.S.2d 351 (Table), 2006 WL 3298303, 2006 N.Y. Slip Op. 52135(U), Unreported Disposition, N.Y.Sup., November 13, 2006 (No. 04-8469).

    31) Amendolare v. Druz, 12 Misc.3d 1198(A), 824 N.Y.S.2d 767, 2006 WL 2423108, 2006 N.Y. Slip Op. 51617(U), Unreported Disposition, N.Y.Sup., July 14, 2006 (No. 114785/04).

    32) Fried v. Village of Patchogue, 11 Misc.3d 1068(A), 816 N.Y.S.2d 695, 2006 WL 738909, 2006 N.Y. Slip Op. 50428(U), Unreported Disposition, N.Y.Sup., March 13, 2006 (No. 20256-2005).

    33) Mora v. Saint Vincent's Catholic Medical Center of New York, 8 Misc.3d 868, 800 N.Y.S.2d 298, 2005 WL 1458045, 2005 N.Y. Slip Op. 25238, N.Y.Sup., June 20, 2005.

    34) George Miller Brick Co., Inc. v. Stark Ceramics, Inc., 9 Misc.3d 151, 801 N.Y.S.2d 120, 2005 WL 1364379, 2005-1 Trade Cases P 74, 890, 2005 N.Y. Slip Op. 25226, N.Y.Sup., May 18, 2005.

    35) Schlosser v. Schlosser, 7 Misc.3d 1012(A), 801 N.Y.S.2d 242, 2005 WL 901805, 2005 N.Y. Slip Op. 50566(U), Unreported Disposition, N.Y.Sup., April 04, 2005 (No. 114578/2004).

     

    Court of Claims of New York

    1) Hudson v. State, 35 Misc.3d 241, 937 N.Y.S.2d 529, 2011 N.Y. Slip Op. 21447, N.Y. Ct. Claims, November 28, 2011.

     

    Surrogates Court

    1) Ditomasso v. Plaza Apartments, Inc., 2010 WL 4967914, 2010 N.Y. Slip Op. 20489, N.Y.Sur., November 22, 2010 (No. 1139/05).

    2) In re Maura, 17 Misc.3d 237, 842 N.Y.S.2d 851, 2007 N.Y. Slip. Op. 27316, N.Y.Sur., June 28, 2007.

    3) In re Pavese, 195 Misc.2d 1, 752 N.Y.S.2d 198, 2002 N.Y. Slip Op. 22216, N.Y.Sur., May 30, 2002 (No. 319819).

     

    S.D.N.Y.

    1) Republic of Benin v. Mezei, 2010 WL 4739953, S.D.N.Y., November 16, 2010 (No. 06 Civ. 870(JGK)(MHD)).

    2) In re Acevedo, --- B.R. ----, 2010 WL 3633040, Bkrtcy.S.D.N.Y., September 10, 2010 (No. 07-11702(AJG)).

    3) Anwar v. Fairfield Greenwich Ltd., 2010 WL 3022848, S.D.N.Y., July 29, 2010 (No. 09 Civ. 0118(VM)).

    4) In re Balco Equities Ltd., Inc., 345 B.R. 87, 2006 WL 1892598, 46 Bankr.Ct.Dec. 212, Bkrtcy.S.D.N.Y., July 07, 2006 (Bankruptcy No. 04-35777(CGM). Adversary No. 05-9045.

     

    New York City Civil Court

    1) Midland Funding LLC v. Loreto, 34 Misc.3d 1232(A), 950 N.Y.S.2d 492 (Table), 2012 WL 638807, 2012 N.Y. Slip Op. 50338(U), N.Y. City Civ. Ct., February 23, 2012.

    2) American Express Bank, FSB v. Dalbis, 30 Misc.3d 1235(A), 927 N.Y.S.2d 814 (Table), 2011 WL 873512, 2011 N.Y. Slip Op. 50366(U), Unreported Disposition, N.Y. City Civ. Ct., March 14, 2011 (No. 300082/10).

    3) Andrew Carothers, M.D., P.C. v. Insurance Companies Represented by Bruno, Gerbino & Soriano, LLP and Freiberg & Peck, LLP, 13 Misc.3d 970, 825 N.Y.S.2d 632, 2006 WL 2714429, 2006 N.Y. Slip Op. 26372, N.Y.City Civ.Ct., September 21, 2006.

    4) Perez v. New York Presbyterian Hosp., 11 Misc.3d 722, 811 N.Y.S.2d 914, 2006 WL 684370, 2006 N.Y. Slip Op. 26097, N.Y.City Civ.Ct., March 16, 2006.

    5) Heritage East-West v. Chung & Choi, 6 Misc.3d 523, 785 N.Y.S.2d 317, 2004 WL 2672227, 2004 N.Y. Slip Op. 24460, N.Y.City Civ.Ct., November 05, 2004.

     

    NYC District Court

    1) Greenfield v. Scriva, 15 Misc.3d 1131(A), 841 N.Y.S.2d 218, 2007 WL 1309731, 2007 N.Y. Slip Op. 50928(U), Unreported Disposition, N.Y.Dist.Ct., May 03, 2007 (No. 00701/04).

    2) Vinings Spinal Diagnostic v. Progressive Cas. Ins. Co., 15 Misc.3d 270, 829 N.Y.S.2d 871, 2006 WL 4058217, 2006 N.Y. Slip Op. 26539, N.Y.Dist.Ct., December 28, 2006.

  • Civil Rights & Disability Law Project (CRDLP)

    Syllabus (.pdf)

    Subject Matter Files (.pdf)

    CRDLP Manual (.pdf)

    Education Improvement Act of 2004

    Medicaid


    CRDLP Overview

    Established in 1983, the Civil Rights & Disabilities Law Project (CRDLP) of Albany Law School is a clinical course and a legal advocacy project providing representation to clients with disabilities in the Capital District and Hudson Valley Region (11 counties). The CRDLP receives grants from the NYS Commission on Quality of Care to provide legal assistance, advocacy and training on behalf of people with developmental disabilities. Second and third year law students represent disabled clients under the supervision of the clinical instructor and staff attorney, in cases involving such issues as appropriate education, entitlement to public benefits and civil rights. In representing CRDLP clients, students provide an important community service and assume a serious responsibility. Student efforts may determine, for example, whether a child with a disability receives an appropriate education, whether a family with a disabled member obtains access to appropriate medical and financial support, and whether an individual obtains relief from discrimination based on disability.

    A full range of litigation and lawyering experiences are offered to the students: conducting client interviews, client counseling, fact investigation, case planning, memoranda and briefs, drafting pleading, examining witnesses for trial and administrative hearings, making oral arguments and negotiating appropriate settlements. CRDLP students have appeared on behalf of clients in Family Court, NYS Supreme Court, U.S. District Court and the U.S. Court of Appeals, as well as in a variety of administrative hearings. All students will have the opportunity to work on a variety of interesting and challenging cases and will work directly with clients, the community, other professionals and opposing attorneys.

    The practice component of the clinic entails a minimum of 10 hours per week. There is also a 2-hour weekly class on lawyering skills and review of cases. Students are eligible for admission to practice in court under the New York or federal "Student Practice Rule."

    Educational Goals (Fall 2002)

    The Civil Rights & Disabilities Law Project (CRDLP) promotes the civil rights of people with disabilities. Students are assigned cases involving issues of disability discrimination, education rights and denial of public benefits. Clinic faculty and staff work closely with students to provide support and supervision in all aspects of representation. By assuming full responsibility for a limited number of cases in a structured educational environment, students will develop skills necessary to be effective attorneys.

    Students are graded on I) planning skills, II) performance skills, III) post-performance or reflection skills, and IV) professional responsibility. The Albany Law School Clinic's grading/evaluation criteria are reflected in the following CRDLP educational goals:

    1. LEARNING TO ASSUME RESPONSIBILITY FOR CLIENTS

    As law interns in the CRDLP, you will work for real clients on real cases that may have significant impact on your clients' lives. Although you will work under clinical instructor, you are the client's attorney. Therefore, the primary responsibility is yours. We will ease the transition from law student to lawyer by providing guidance, feedback and consultation on all phases of case activity in the clinic and by providing a setting where you are encouraged to reflect on all of the decisions you must make in representing clients. (I, IV)

    2. LEARNING TO IDENTIFY, ANALYZE AND SOLVE PROBLEMS

    Every action you take on your cases will require planning, collaboration, time management and decision making. By working collaboratively with others, including your faculty supervisors, you will learn to consider and analyze all aspects of your cases and think creatively to devise solutions to your clients' problems. (I, III)

    3. LEARNING THE IMPORTANCE OF FACTS AND EVIDENCE

    In most of your other courses, you are provided with the facts and asked to apply doctrine to the given facts. In practice, however, you must find investigate and analyze the facts, and determine how best to turn facts into evidence to present to a court or other fact-finder.(I, II)

    4. EXPLORING PROFESSIONAL RESPONSIBILITY AND LEGAL ETHICS

    All lawyers should be cognizant of their ethical and professional responsibilities to clients and to the profession. Clinics provide an excellent forum to confront and address some of the issues of professional responsibility that face all lawyers. You will begin to think about how your personal values and choices impact on your client representation, and how your lawyering can influence others. (III, IV)

    5. LEARNING A VARIETY OF LAWYERING SKILLS

    In addition to the skills already listed (problem solving, developing facts and evidence, considering ethical issues, etc.), you will have the opportunity to gain experience in some or all of the following lawyering skills: client interviewing and counseling, time management, corresponding with clients, legal research, drafting briefs and memoranda, drafting legal documents, negotiation and trial advocacy. (I, II)

    6. LEARNING HOW TO LEARN

    Law school and the clinic are just the beginning of what should be a life-long process of learning the law from experience. By developing your reflective and self-corrective skills, the CRDLP will assist you in continuing your legal education throughout your careers. This will offer another opportunity in learning how to learn. (III)

    7. LEARNING SUBSTANTIVE LAW

    Disabilities law is a varied, complex and interesting area of study. You may find yourself involved in constitutional issues, guardianship or consent matters, educational law or civil rights. We will guide you researching this body of law and doctrine to enable you to apply disability law to various cases. You will develop the ability to teach yourself new areas of law. (I, II, III)

    8. PROVIDING EXCELLENT CLIENT REPRESENTATION

    The CRDLP is not just a law school course. It is also a law office. It is our obligation, therefore, to make sure that all of our clients receive excellent representation. Students are expected to develop sensitivity to the client's needs and goals. Preparation is the key. When you put in the work, you and your clients will be rewarded. (II, IV)

    Evaluation Material

    To: CRDLP Students
    From: Prof. Burke
    Date: August 15, 2005
    Subject: Grading Process

    A. Grading/ Evaluation Criteria:

    A clinic student's grade is based on an assessment of the student's performance in pre-performance skills/planning, performance skills, post-performance skills/ reflection and correction and professional responsibilities. Each area represents 25% of the grade. There is also the opportunity for some modification of the grade based on special recognition. Students may get extra credit in this area if they have done something which is not reflected in the other areas. Of course students will only be judged based on the nature of their cases. For example, the fact that they did not have the opportunity to go to trial will not impact their grade. Further the grades will not be assigned according to a curve. The following is a descriptions of each area:

    1. Pre-performance skills/planning: Students are expected to demonstrate competent skills in case-planning, case organization, collaboration, following office procedures and time management. For example it is expected that the students will maintain organized files in accordance with the clinical filing system and check into the clinic each day for telephone and e-mail messages, mail, notes, etc.

    2. Performance skills: Students are expected to demonstrate competent ability in engaging in lawyering activities such as: client counseling, interviewing, fact investigation, negotiating, research, legal analysis and writing, drafting legal documents, examining witnesses, oral advocacy, and corresponding with clients and relevant parties. Students are also expected to demonstrate that they have acquired knowledge of the applicable law and procedure and familiarity with the necessary facts.

    3. Post-performance skills/reflection and correction: Students are expected to be reflective and self-corrective. Students must demonstrate the ability to assess and critique their own and others' performances. Students must show that they have learned from their initial experiences and can incorporate that knowledge in the next experience. Students are expected to share their experiences with other students in a positive way to foster cooperative decision making. Students must demonstrate the ability to critically review and evaluate the legal system through the clients' experience and reflect on their role within the system.

    4. Professional Responsibilities: Students must behave in a professionally responsible manner at all times in dealings with clients, the community, colleagues and opposing counsel. Students must demonstrate sensitivity to client needs, concerns and goals and knowledge of ethical rules. For example, students must represent their clients zealously, preserve client confidences, respect client autonomy and exercise independent professional judgment on client's behalf. Students are also expected to act responsibly and sensitively in their lawyering roles.

    5. Special Recognition: Other aspects of work in the clinic that are not otherwise described above but which deserve special recognition (e.g., exceptional effort, outstanding improvement and growth as advocate, excellent judgment, achievement of personal goals.)

    B. Evaluation Process:

    Within the first two weeks of the semester the clinical professor will provide the students with a written description of the four areas which the student will be graded on and the professor will provide the students with a verbal explanation of the professor's expectations in each of those areas. Also in the first weeks of the semester students will be given the Educational Planning form to complete. Once the student has completed the form, the student should meet with the professor to discuss the students plan.

    At mid-semester the student will be asked to review the grading criteria form and provide a written self evaluation to their professor. The professor shall meet with each of the students at mid-semester. During this meeting the professor and student shall review the student's performance and discuss meaningful goals consistent with the grading criteria for the student's performance for the remainder of the semester. The agreed upon goals shall be written up and copies shall be given to the student and the professor.

    At the end of the semester the student will be asked to review the grading criteria and the mid-semester goal agreement and to again do a written self evaluation. The professor and the student should also sit down and review the student's performance. For students in a year long program, the professor should again agree to ongoing individualized goals. Also at the end of the semester the professor shall provide the student with a written evaluation of the student's performance. The written evaluation shall address each of the four areas identified in the grading criteria and the individualized goals established at mid-semester.

    C. Attachments: (.pdf)

    1. Personal Worksheet

    2. Mid-Semester Self Evaluation Form

    3. End of Semester Self Evaluation Form

    4. Albany Law School Clinical Legal Studies Grading Criteria

  • Courses

    Introduction to Civil Procedure

    All class materials are available in my TWEN site:
    http://www.westlawschool.com/twen

    Trial Practice I: Pretrial Litigation

    All class materials are available in my TWEN site:
    http://lawschool.westlaw.com/twen

    Trial Practice II: Trial Skills

    All class materials are available in my TWEN site:
    http://lawschool.westlaw.com/twen

    Legal Profession

    All class materials are available in my TWEN site:
    http://lawschool.westlaw.com/twen

    For Adobe Connect Live Classes:
    http://albanylaw.acrobat.com/mayer/


    The West Education Network - TWEN

    1. To begin using TWEN, please go HERE
    2. Enter your Westlaw password or username and password on the left
    3. Click GO

    First-Time Users and Guest Users

    If you have not registered, TWEN will direct you to the registration page. Once you complete that page, you will be sent to your TWEN home page. You may also take a Student Tour that will help you get started...


    Adobe Connect

    Link to Student Instructions

    ​​
  • Courses

    Criminal Law
    Syllabus (.pdf) 

    Employment Regulation
    Syllabus (.pdf)

    Federal Civil Procedure
    Syllabus (.pdf)

    Gender and Work
    Syllabus (.pdf)

  • Curriculum Vita

  • Data Support for "The Iqbal Effect"

    This page provides the data support for The Iqbal Effect: The Impact of New Pleading Standards in Employment and Housing Discrimination Litigation, 100 Kentucky Law Journal 235 (2012).

    For this article, two data bases of cases were compiled.  The first data base, a zip file constructed in the data management program SPSS, includes all of the cases reviewed and included in the analysis in the article.  A description of the categories and coding used in the data base is available here.  You must have SPSS installed on your computer to access this data base and review it.

    The second data base, a PDF file, includes all of the cases that were excluded from the review. 

    For all inquiries, please contact the author at rbres@albanylaw.edu.

    To review other articles by Raymond H. Brescia, please consult his author page on the Social Science Research Network.

  • Ethics Video

    Accredited  On-line CLE (Cognistar)

    Ethics for New York Practitioners: 2001 Update
    Now Available Online at www.cognistar.com/albanylaw

    NOTE:  to view these files, you must have either Microsoft Windows Media Player or QuickTime installed on your computer.


    Instructor:

    Professor P​atrick M. Connors, Albany Law School

    Synopsis:
    Professor Connors reviews recent changes in statutes and case law that affect legal ethics in New York State. Topics covered include communication with represented and unrepresented parties, screening lawyers, legal malpractice, perjury, and motions by a criminal defendant.

    Accreditations:
    AK, AZ, CA, MT, ND, NV, NY: 1.50 credits.
    CO, MO, NM, UT, WV: 1.75 credits.
    UK: 1.50 credits.

    Cognistar's web-based interactive multimedia format and state of the art delivery system allows you to learn at your convenience. You can start, stop and revisit the seminar at any time - giving you more flexibility in personal and professional time management.

    • Printable online catalog
    • Digital video with leading experts teaching in a seminar setting
    • Full course outline for easy navigation
    • Printable text that is an offline or archival resource
    • Extensive referential exhibits to enhance learning
    • Graphics and animation that make complex issues easy to understand
    • Printable Certification of Completion for your permanent records
    • Automated tracking and reporting to Educational Legal Assistant Administrator

    To enroll, select your course and complete the registration information. For assistance please contact customercare@cognistar.com or call 508-490-0990 ext. 701.​​​​​

  • Evaluation Process

    Evaluation is an important part of the clinical process. Students enrolled are evaluated throughout the semester. Feedback is shared with them formally and informally throughout the semester as well.

    Formal Evaluations

    Written Reviews of Simulations - After all major simulations students are given a written evaluation of their performance in the simulation.

    Mid-semester Evaluation

    At mid-semester all of the students have an individual meeting with the professor to discuss the students performance to date. The student is asked to complete a self evaluation form at that time.

    End of Semester Evaluation

    At the end of the semester the students have an individual meeting with the professor to discuss the students performance. The student is asked to complete a self evaluation form at that time. After the end of semester meeting the student is sent a written evaluation of their performance.

    Grading and Evaluation Criteria

    There are four general criteria used in assessing your performance. These criteria are described briefly below.

    I. Pre-performance skills/planning: Students are expected to demonstrate competent skills in case-planning, case organization, collaboration and time management. Students are also expected to demonstrate that they have acquired knowledge of the applicable law and procedure and familiarity with the necessary facts to plan for activities on the assigned case(s).

    II. Performance skills: Students are expected to demonstrate competent ability in engaging in lawyering activities such as: client counseling, interviewing, fact investigation, negotiating, research and writing, drafting legal documents, examining witnesses, oral advocacy, and corresponding with clients and relevant parties. Students are also expected to demonstrate sensitivity to client needs, concerns and goals during the course of representation.

    III. Post-performance skills/reflection and correction: Students are expected to be reflective and self-corrective. Students must demonstrate the ability to assess and critique their own and others' performances. Students must show that they have learned from their initial experiences and can incorporate that knowledge in the next experience. Students are expected to share their experiences with other students in a positive way to foster cooperative decision making. Students must demonstrate the ability to critically review and evaluate the legal system through the clients' experience and reflect on their role within the system.

    IV. Professional Responsibilities: Students must behave in a professionally responsible manner at all times in dealings with clients, the community, colleagues and opposing counsel. Students must demonstrate knowledge of ethical rules. For example, students must represent their clients zealously, preserve client confidences, respect client autonomy and exercise independent professional judgment on client's behalf. Students are also expected to act responsibly and sensitively in their lawyering roles.

    The Following forms are used by the students and faculty during the evaluation process:

    Additional Evaluation Information (.pdf)
    Self-Evaluation Form (.pdf)
    Individual Planning Form (.pdf)

  • Featured Publications

    The U.N. Convention on the Rights of the Child and the Forgotten History of the White House Children’s Conferences, 1909-1971,  20 Transnational Law and Contemporary Problems 307 (2011)

    The Politics of Inevitability, in FEMINIST PERSPECTIVES ON CONTEMPORARY INTERNATIONAL LAW: BETWEEN RESISTANCE AND COMPLIANCE? (Sari Kouvo and Zoe Pearson, editors, Hart Press: 2011)

    WAR, COMMERCE, AND INTERNATIONAL LAW (Book Review) 38 (no. 1)  International Journal of Legal Information 106 (2010)

    The Child Perspective in the Convention on the Rights of the Child (Introduction) Symposium: The UN Convention on the Rights of the Child and NY State Law, 12 New York City Law Review 431  (2009)

    Neutral Law & Eurocentric Law Making: A Post-colonial Analysis of the UN Convention on the Rights of the Child, 43 Brooklyn Journal of International Law 1 (2008)

    Race & Class: More than a Liberal Paradox, Symposium: ClassCrits 56 Buffalo Law Review 935 (2008)

    Urgent Times, (Foreword) Symposium: Harvard Law School Symposium on Teaching from the Left, 31 New York University Review of Law & Social Change 435 (2007)

    An Essay for Professor Ruth-Arlene W. Howe of Boston College Law School, Festschrift for Prof. Ruth-Arlene W. Howe,  26 Boston College Third World Law Journal 1 (2006)

    Astrid and Me, 17 Law and Literature 269 (2005)

    The Master Norm: On the Question of Redressing Slavery, Symposium: Race as Proxy in Law & Society, 53 DePaul Law Review 1215 (2004)

    The Ideology of Genus & the Ghost of Heidegger, 29 Brooklyn Journal of International Law 1 (2003)

    To Do Feminist Legal Theory, (Introduction) Symposium: Feminist Legal Theory 9 Cardozo Women's Law Journal 197 (2003)

    A Theory of Child Rights, Symposium: Beyond Right and Reason: Pierre Schlag, the Critique of Normativity, and the ENCHANTMENT OF REASON, 57 University of Miami Law Review 867 (2003)

    (a)   An Open Letter to Pierre Schlag, Symposium: Beyond Right and Reason: Pierre Schlag, the Critique of Normativity, and the ENCHANTMENT OF REASON 57 University of Miami Law Review 755 (2003)

    (b) Reprinted in CRITICAL RACE FEMINISM, 2nd edition (Adrien Wing, ed., NYU Press: 2003)

    A Ghost is Haunting Europe, 24 Michigan Journal of International Law 169 (2002)

    A Child Perspective on Juvenile Justice System, Symposium: The Law’s Treatment of the Disadvantaged: The Politics of the American Drug War, 6 Journal of Gender, Race & Justice 297 (2002)

    Crossing Borders, (Introduction) Symposium: International Child Rights at Home and Abroad: A Symposium on the U.N. Convention on the Rights of the Child, 30 Capital University Law Review 657 (2002)

    The Law Room: Hyperrealist Jurisprudence & Postmodern Politics, Symposium: Mary Jo Frug’s Postmodern Feminist Legal Manifesto Ten Years Later: Transgressing Borders: Women's Bodies, Identities and Families, 36 New England Law Review 29 (2001)

    Not for Sale!  Race & Gender Identity in Post-Colonial Europe, 17 New York Law School Journal of Human Rights 271 (2000)

     

     

     

  • From Cape Town to Kabul

    Rethinking Strategies for Pursuing Women's Human Rights

    From Cape Town to Kabul

    Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of “conditional interdependence”, the book suggests a new approach based on the communitarian values which underpin newly democratic societies and which would allow women’s rights to gain momentum and reap greater benefits.

    Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.

    Order a copy of From Cape Town to Kabul from the publisher

    "Andrews asks the hard questions that should cause us to re-examine our assumptions about the freight attached to the language of human rights, political and legal strategies for achieving substantive equality, and the contestation within the feminist discourse and legal theory. Beautifully written, this book is a fabulous resource for academic institutions and communities."

    --Val Napoleon, University of Victoria, Canada

    "The author analyses the obstacles to achieving gender equality in two very different countries and concludes that there is not 'a one size fits all' solution. The book is a fascinating read. And its message is timely: we cannot give up, we must continue to seek ways to meet the challenge of gender inequality."

    --Kate O’Regan, Justice of CCT of South Africa​

     

    Dean Andrews appeared on WAMC's The Roundtable to talk about From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights on Jan. 10, 2013.

    Dean Andrews appeared on The Capitol Pressroom to talk about From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights on Jan. 18, 2013.

    Dean Andrews appeared on WNYT's Forum 13 to talk about From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights on Feb. 3, 2013.
  • Grahn-Farley

  • Jill Dunn

    Siena College
    Albany Law School​

    Professor Dunn worked in private practice in the areas of conflict resolution, criminal defense, commercial litigation and professional licensing matters. She also serves as a mediator and arbitrator. Before entering private practice, she was the Deputy Commissioner for Legal Affairs and General Counsel at the N.Y. Department of Motor Vehicles.  Prior to that she was the Counsel to the Lieutenant Governor of New York, and associate attorney at Dreyer Boyajian LLP, Albany. She has served on Albany Law School’s Government Law Center since 1999, and as an adjunct professor for the School’s Clinic & Justice Center for students working in government and public service internships.

  • Kosher: Private Regulation in the Age of Industrial Food

    Generating more than $12 billion in annual sales, kosher food is big business. It is also an unheralded story of private-sector regulation in an era of growing public concern over the government’s ability to regulate the food industry. Kosher uncovers how independent certification agencies rescued American kosher supervision from corruption and turned it into a model of nongovernmental administration.

    Kosher is one terrific book. It’s a wonderfully entertaining account of the squabbles, finger-pointing, and cutthroat competition that turned kosher certification from scandalous corruption to a respectable—and highly profitable—business. Today, if a food is labeled kosher, it is kosher, which is more than can be said of most claims on food labels. You don’t have to be Jewish to appreciate the fun in Timothy Lytton’s presentation of an unusually successful case study.”
    - Marion Nestle, New York University and author of the bestselling books Food Politics and Safe Food

    In overcoming many of the problems of insufficient resources and weak enforcement that hamper the government, private kosher certification holds important lessons for improving food regulation. The growing popularity of kosher food is a response to a more general cultural anxiety about industrialization of the food supply. Like the organic and locavore movements, a growing number of consumers see rabbinic supervision as a way to personalize today’s complex, globalized system of food production.

    Buy a copy of the book from Amazon

    Read a recent interview with Professor Lytton

    Listen to a public radio interview with Professor Lytton

    Kosher was featured in BusinessWeek

    Read an interview with Professor Lytton in the Albany, N.Y., Times Union

    Watch an interview on WNYT's Forum 13

    Read a review by the Jewish Book Council

  • Lectures

    Professor Finkelman is frequently featured at numerous speaking engagements around the country. For a full and accurate list of these engagements, visit his personal website.

  • Lectures and Addresses

    Presented a New York Civil Practice Update to the Judges and Law Clerks of the Bronx County Supreme Court at the courthouse on Dec. 6, 2012.

    Does a Lawyer Have a Duty to Ascertain the Extent of the Client's Insurance Coverage? (.pdf)

    Federation of Bar Associations of Fourth Judicial District - New York Practice Presentation at Annual Meeting in Montreal, Canada, April 2003.

    Fordham University School of Law Sports Law Forum - Sports Agents - Ethical Issues and Regulations - Moderated Panel, March 7, 2003.

    Erie County Bar Association Ethics Presentation, January 2003.

    New York State Court of Appeals - Ethics Presentation to Personal Law Clerks and Court Attorneys, November 2002.

    New York State Bar Association - Update 2002 In Ethics and Professionalism, Fall 2002, live presentations in Albany, New York City and Syracuse.

    Association of Supreme Court Justices Annual Conference - Recent Developments in Tort Law, October 2002.

    Albany Law School - Continuing Legal Education - Summer in Saratoga, August 2002 - Recent Developments in Professional Responsibility.

    Albany Law School - Continuing Legal Education - Alumni Program for Syracuse, NY, April 2002 - New Attorney-Client Fee Dispute Resolution Program and Written Letter of Engagement.

    Federation of Bar Associations of Fourth Judicial District - New York Practice Presentation at Annual Meeting in Montreal, Canada, April 2002.

    Central New York Bankruptcy Bar Association - Ethics Presentation to Members, April 2002, Syracuse, NY.

    American University School of Law - Presentation on New York Practice, April 2002.

    N.Y. State Commission on Quality of Care Association - Ethics Presentation to Members at Annual Conference, Saratoga Springs, NY, April 2002.

    Albany-Tula Alliance - Presentation on Ethics to Students at three universities in Tula, Russia - March 2002.

    Erie County Bar Association Ethics Presentation, January 2002.

    Capital Region Bankruptcy Bar Association - Ethics Presentation to Members, October 2001.

    Association of Supreme Court Justices Conference - Recent Developments in Tort Law, October 2001.

    Nassau-Suffolk County Bar Associations - Presentation of New York Practice Lecture, October 2001 (filled in for Prof. Siegel during his illness).

    New York State Bar Association - Basic Federal Civil Practice, Ethics In Federal Courts, Fall 2001, live presentation in Albany.

    New York State Bar Association - Update 2001 In Ethics and Professionalism, Fall 2001, live presentations in Albany, New York City and Syracuse.

    Albany Law School - Summer in Saratoga, August 2001 - Developments in Professional Responsibility.

    New York State Court of Appeals - Ethics Presentation to Personal Law Clerks and Court Attorneys, March 2001.

    Erie County Bar Association Ethics Presentation, January 2001.

    New York Criminal and Civil Courts Bar Association - CLE Presentation on Recent Developments in Ethics, December 2000, New York City.

    Oneida County Bar Association CLE Presentation on Recent Developments in Ethics for Practitioners, November 2000.

    New York State Bar Association - Update 2000 In Ethics and Professionalism, Fall 2000, live presentations in Syracuse and New York City.

    New York State Bar Association's Public Utility Law Presentation, Ethical Issues Faced By Public Utility Lawyers, October 2000, Albany.

    Albany Law School Continuing Legal Education - Ethics Presentation for Homecoming, October 2000.

  • Legal Appearances

    The Hot Seat, News 10 @ 5:00 (WTEN/ABC-10 (Albany) television broadcast, Mar. 4, 2004) (New York Attorney General opinion on same-sex marriage)

    News Channel 13 (WNYT (Albany) television broadcast, Feb. 24, 2004) (Federal Marriage Amendment)

    News 10 (WTEN (Albany) television broadcast, Feb. 24, 2004) (Federal Marriage Amendment)

    News Channel 9 ((Albany) television broadcast, Feb. 24, 2004) (Federal Marriage Amendment)

    News Channel 9 ((Albany) television broadcast, Sept. 3, 2003) (congressional hearings concerning same-sex marriage)

    The Hot Seat, News 10 @ 5:00 (WTEN/ABC-10 (Albany) television broadcast, Dec. 1, 2002) (Supreme Court grants of review in affirmative action and gay rights cases)

    The Hot Seat, News 10 @ 5:00 (WTEN/ABC-10 (Albany) television broadcast, Dec. 11, 2000) (presidential election controversy)

    The Hot Seat, News 10 @ 5:00 (WTEN/ABC-10 (Albany) television broadcast, Dec. 8, 2000) (presidential election controversy)

    The Hot Seat, News 10 @ 5:00 (WTEN/ABC-10 (Albany) television broadcast, Nov. 27, 2000) (presidential election controversy)

    The Hot Seat, News 10 @ 5:00 (WTEN/ABC-10 (Albany) television broadcast, Nov. 17, 2000) (presidential election controversy)

  • Legal Briefs

    Labor Law: Petition for Writ of Certiorari, Caterpillar Inc. v. International Union, UAW, 523 U.S. 1015 (1998) (No. 96-1625) (principal author) (cert. granted and subsequently dismissed by stipulated of parties)

    Employment Discrimation: Brief for Appellee, Marigne v. C.R. Bard, Inc., 180 F.3d 275 (11th Cir. 1999) (No. 98-9300) (table) (principal author)

    Employment Law: Petition for Rehearing with Suggestion for Rehearing En Banc of Defendant-Appellees, Fredrick v. Simmons Airlines, Inc., 144 F.3d 500 (7th Cir. 1998) (No. 97-3004) (uncredited co-author)

    Public-Sector Labor Law: Brief Amicus Curiae of the Illinois Education Association-NEA, Local No. 981, AFSCME v. Illinois Educ'l Lab. Rels. Bd., 760 N.E.2d 1054 (Ill. App. Ct. 1999) (No. 98-4165) (table) (principal author)

    Administrative Law: Brief of Caterpillar Inc., Caterpillar Inc. v. NLRB, 138 F.3d 1105 (7th Cir. 1998) (Nos. 97-1669, 97-1670 & 97-2649) (per Posner, J., sitting as single judge) (uncredited co-author)

  • NYS Bar Examination Preparation & Information

    Bar Examination Websites

    Bar Examination Questions

    Bar Exam & Library Resources (.pdf)

    Scores Required (.pdf)

    NYS Bar Exam Content Outline (.pdf)

    Notes from the Examiner (.pdf)

    FAQ (.pdf)

    Model Student NY Essay/IRAC

    Writing using IRAC (.pdf)

    July 2002 Using IRAC (.pdf)

    Strategies for Success

    Bar Exam Tips (.pdf)

    Time Management & Planning (.pdf)

    What is Test Anxiety? (.pdf)

    Common Errors & Misunderstandings

    Trusts and Estates (.pdf)

    Criminal Law (.pdf)


    Faculty Mentors

    Faculty members provide encouragement and guidance to students during bar exam along with extensive knowledge of substantive areas.

    Kathe Klare
    Mary Lynch
    Daniel Moriarity
    Nancy Ota
    David Pratt
    Eleanor Stein

  • OUTlaw


    Lesbians, gay men, bisexual, and transgender (LGBT) people do not enjoy full protection of the law. Moreover, our status (or the appearance of having LGBT status) subjects us to the violence of law and of people emboldened by "the law."  At Albany Law School, OUTLaw exists to provide support, networking, information, and social activities for LGBT students, staff, faculty, friends, and non-LGBT supporters.

    Albany Law School's out lesbian, gay, bisexual and transgender (LGBT) community formed its first organization, Lambda Law, in 1994. During the 2000-2001 school year, the group changed its name to OUTLaw. The organization exists to provide support to LGBT students, staff, and faculty, to increase awareness of issues that LGBT people face, and to work with allies to promote justice. The organization is open to anyone who supports these goals.

    The visible presence of LGBT people at ALS has made a difference. The organization has successfully encouraged the law school to offer domestic partner benefits to all employees and students, to disallow the military from mass-distribution of recruitment flyers in student mailboxes, and to post notices about the military's discriminatory employment policies (a.k.a. "Don't Ask, Don't Tell").

    Lambda Alumni Group. The Alumni Affairs office is in the process of forming an LGBT alumni group. The Lambda Alumni Group will have its first gathering in Spring, 2002. If you are interested in receiving updates about this group, please contact the ALS Alumni Affairs office at: 518.445-3220 or  alumni@albanylaw.edu.

    Upcoming Events. 

    SEPTEMBER (TBA) Professors Clark and Ota will host a reception for OUTLaw members, friends, and alumni. Please email Professor Ota if you would like to be notified about this event.

    OCTOBER 11 is National Coming Out Day. Also, Lavender Law is scheduled for October 10 - 13 in Philadelphia. The National Lesbian & Gay Law Association (NLGLA) and the National Lesbian & Gay Law Foundation co-sponsor the annual conference of practitioners, scholars, and law students interested in cutting edge legal issues facing the LGBT community. Visit the NLGLA website for more information.
     
    LGBT Advocacy Organizations
    RESOURCES FOR LGBT'S OF COLOR
    OTHER RESOURCES

  • Papers and Presentations

    "Merit v. Need-Based Scholarships and Grants," Law School Admissions Council Annual Meeting (San Juan, PR, May, 2002)

    "Negotiation As A Reflection of the New Legal Culture," University of Warsaw (Warsaw, Poland, October, 1998).

    "Law School Architectural Issues Under the ADA and § 504," Joint Conference on Disability Issues (ABA/AALS/LSAC/NCBE, St. Louis, Mo., April, 1995).

    "Testing Goals of Multiple Choice, Essay and Performance Tests," National Conference of Bar Examiners Regional Roundtables (Miami, Chicago, 1994; Baltimore, St. Louis, 1995; Columbus, 1997).

    "Legal Issues in Accessing Services for Children and Adolescents with Conduct Disorder," The 30th Annual Child Psychiatry Forum, (Virginia Treatment Center for Children/Medical College of Virginia, 1992).

    "Drug Therapy for Persons with Developmental Disabilities: Legal Issues" (with Singh), Young Adult Institute's 12th International Conference (New York, April, 1991).

    "State Responsibilities for Educating Children with Serious Emotional Disturbance," CICFS First Annual Conference on Children with Serious Emotional Disturbance (Virginia Beach, October, 1991).

    "Section 504 of the Rehabilitation Act and Maximizing Educational Programming for Children With ADHD," Virginia Association for Learning Disabilities Annual Conference (Fredericksburg, 1991).

    "Burdens of Proof and Standards of Review Under the EHA," Hearing Officer's Conference (Richmond, Virginia, June, 1990).

    "Creative Approaches To Plea Bargaining," Criminal Justice Section, American Bar Association Annual Meeting, (Honolulu, Hawaii, August, 1989).

    "Special Education Legal Update," Hearing Officer's Conference (Williamsburg, Virginia, June, 1988).

    "Educating Children With Disabilities In Private School Placements," Hearing Officer's Conference (Richmond, Virginia, December, 1987).

    "The Interrelationship of The Education Act, Section 504, and Section 1983," Hearing Officer's Conference (Richmond, Virginia, June, 1987).

    "Using Simulation to Teach Evidence," AALS Conference on Teaching Evidence (May, 1985).

  • Presentations

    Legal and Fact Research on the Internet - Power point Presentation (Albany Law School Continuing Legal Education Program) (Spring 2000).

    Legal Research on the Internet (Albany Law School Law and Technology Program) (March and April 1999).

    The Art of Administrative Decision Writing (Albany Law School Government Law Center Public Service Workshop Presentation) (December 1998).

    Research on the Internet (Albany Law School Government Law Center Public Service Workshop) (October 1997).

    Administrative Decision Writing (Albany Law School Government Law Center Public Service Workshop) (October 1997).

    Integrating Elements of Practice Into Traditional Legal Research and Writing Courses (Legal Writing Institute Presentation) (July 1996).

    Investigative Interviewing (Albany Law School Government Law Center Public Service Workshop Presentation) (April 1996).

    Preparing and Submitting Legal Documents (Albany Law School Government Law Center 2-Day Public Service Workshop Presentation) (April 1996).

    Legal Writing Refresher (Albany Law School Government Law Center Presentation 2-Day Public Service Workshop Presentation) (October 1994).

    "Overview and Update on the Rights of Probationary Employees", 14 (no. 4) Labor and Employment Law Newsletter (NYSBA) (December 1989)(with Marilyn S. Dymond).

    ​​​​
  • Presentations

    Albany Law School Law Review Symposium, Faculty Advisor and Moderator, The Regulation of Financial Institutions in New York and Beyond (October 2009).

    Ethics:  Discovery, Claims Investigation and Other Pre-Filing Issues, lecture and companion articles prepared for Public Investors Arbitration Bar Association Securities Law Day (October 2009).

    Black Swans, TARP and Regulatory Reform, Guest Lecture for Albany Law School Business Planning Course (Spring 2009).

    Ethical Issues That May Arise When Investigating Potential Securities Law Violations, lecture and companion article prepared for Public Investors Arbitration Bar Association Securities Law Day (October 2008).

    Stephen P. Younger, Romaine Gardner and Christine Sgarlata Chung, lecture prepared for NYSBA CLE Seminar on Selecting Arbitrators in Securities Arbitrations (December 2007).

  • Presentations

    Can Social Conservatives Violate Gay Rights Laws? The Problem of Subjective Motive in Sexual Orientation Law, Presentation at Faculty Workshop, Albany Law School, Nov. 19, 2003

    Deconstructing Sexual Orientation, at Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets, Albany Law School, Feb. 7, 2003

    Deconstructing Sexual Orientation, "Uncomfortable Conversation" on Sexuality and Feminist Theory (colloquium), Cornell Law School, Nov. 14-15, 2002

    Negotiating the Politics of Judicial Nominations (panel), Lavender Law, Annual Conference of the National Lesbian and Gay Law Association, Oct. 12, 2002

    Same-Sex But Equal: Reformulating the Miscegenation Analogy, Presentation at Faculty Workshop, Albany Law School, Oct. 2, 2002

    The Court and Rights: The New Federalism and the Undermining of Civil Rights Law--Progressive Federalism?, Presentation at Joint Annual Meetings of the Law and Society Association and the Canadian Law and Society Association, Vancouver, B.C., May 31, 2002

    Where's Nino? Boy Scouts v. Dale and the Missing Scalia Dissent, Presentation at Faculty Workshop, Albany Law School, February 27, 2002

    Special Issues in Teaching First-Year Law Students, Presentation at AALS New Teacher Conference, Washington, D.C., Summer 2000

    Grounding Airline Deregulatory Pre-emption: The Case of State and Local Civil Rights Laws, Presentation at Faculty Workshop, Albany Law School, April 2001

    The Emerging Prohibition of Employment Discrimination on the Basis of Sexual Orientation, Address Before Albany Law School Labor and Employment Law Student Association, Spring 2001

  • Presentations

    American Bar Association Webinar, Dec. 19, 2012
    Greening Local Government
    Moderating a national webinar on the book “Greening Local Government,” co-edited by Prof. Hirokawa

    Pace Law School, March 28, 2012
    Faculty Exchange Colloquium
    “Information and Ecosystem Services”

    University of Oregon School of Law, March 3, 2012
    Public Interest Environmental Law Conference, Panel on Rhetoric, Narrative, and Environmental Advocacy
    “Constructions of Nature: Property and Ecosystem Services”

    Albany Law School, February 28, 2012
    Albany Scholarship Development Workshop
    “Idea and Ideology in Environmental Law”

    Albany Law School, February 4, 2012
    2nd Annual Northeast Scholarship and Teaching Development Workshop
    "Rhetoric and Resiliancy in Law's Idea of Nature"

    Florida Coastal School of Law, November 3, 2011
    13th Annual Northeast Florida Environmental Summit: Economics, Ethics, & the Environment
    "Economics and Ecology for Local Governments"

    Albany Law School, October 12, 2011
    Faculty Teaching Colloquium, New Teaching Ideas and Resources
    "Engaged Learning between Community and Classroom"

    Lewis & Clark School of Law, October 7, 2011
    Fall Symposium 2011: 21st Century Water Law
    "Driving Local Governments to Ecosystem Governance"

    Gonzaga University Law School, October 6, 2011
    Faculty Colloquium
    "Local Governments and Ecosystem Governance"

    Pace Law School, May 5, 2011
    Practically Grounded: Best Practices for Skill Building in Teaching Land Use, Environmental, and Sustainable Development Law
    "Teaching from the Dirt"

    American Association of Law Schools, January 7, 2011
    Annual Meeting, Natural Resources Law Section, "New Voices on Cutting Edge Issues in Natural Resources and Environmental Law," Selected Paper.
    "Three Stories about Nature: Property, the Environment, and Ecosystem Services"

    Albany Law School, October 14, 2010
    Albany Law Review Symposium, Big Oil, Big Consequences, and the Big Unknown: Exploring the Legal, Regulatory, and Environmental Impact of the Gulf Oil Spill
    Moderator, "Disaster Response:  Assessing the Adequacy of Environmental Laws, Regulations, and Litigation"

    Albany Law School, September 28, 2010
    Albany Scholarship Development Workshop
    "Sustainability and Urban Forests: An Ecosystem Services Perspective"

    American Association of Law Schools, June 12, 2010
    Workshop on Property Law
    "Rethinking Resources: Defining New Categories of Property to Meet the Climate Challenge"

    State and Local Government Law Section, ABA, April 30, 2010
    Spring Meeting - Land Use Hot Topics
    "Regulating the Vacancy of Property"

    Albany Law School, February 10, 2010
    Getting Published! A Hot Lunch Faculty Workshop
    "Online, Short-Form Publishing in Law-Review Hosted Supplements"

    Southeastern Association of Law Schools (SEALS), August 5, 2009
    62nd Annual Meeting
    "Teaching Land Use Law at the Crossroads:  Incorporating Green Building and Sustainability into the Curriculum"

    The Center for American and International Law, December 12, 2008
    Planning, Zoning and Property Rights
    "Implementing the New Environmental Discourse: Sustainable Development Codes"

    Southeastern Association of Law Schools (SEALS), July 29, 2008
    61st Annual Meeting
    "Property Pieces in Compensation Statutes: Law's Eulogy for Oregon's Measure 37"

    University of Texas School of Law, March 6, 2008
    Land Use Conference
    "Navigating the Future Challenges to Green Building"

    Texas Wesleyan School of Law, February 8, 2008
    Texas Wesleyan Junior Faculty Workshop
    "Moving into the Second Generation of Green Building Laws"

    Texas Wesleyan School of Law, November 2, 2007
    Texas Wesleyan Junior Faculty Workshop
    "Property Pieces in Compensation Statutes"

    Lewis & Clark College, November, 2006
    "Local Environmental Law as Competition Between Science and Voice"

    Oregon State Bar Ass'n, August, 2006
    Real Estate and Land Use Section Annual Conference

    "Kelo Update"University of Oregon, October, 2005
    Measure 37 Roundtable
    "The Practical Effects of the Macpherson Decision"

    Lorman Education Services CLE, October, 2004
    Zoning and Land Use in Oregon and Washington
    "Washington's LUPA/Hearings Boards Process" and "Recent Land Use Case Law/Legislation"

    Oregon State Bar Ass'n, August 2003
    Real Estate and Land Use Section Annual Conference
    "A Tale of Two Systems: An Attorney's Perspective" (Washington and Oregon land use)

    Clark County Bar Association CLE, May, 2003
    Land Use and Environmental Law Conference, Organizer/Lecturer
    "Opposing a Land Use Application"

    University of Washington, April, 2003
    University of Washington Environmental Law Lecture Series
    "The Grass is Always Greener (and the Water Bluer) on the Other Side of the Columbia: A Comparison of Oregon and Washington Water Laws," Joint lecture with Professor Janet Neuman, Lewis & Clark Law School

    University of Oregon, March, 2003
    Public Interest Environmental Law Conference
    "Social Construction of Nature and Environmental Protection"

  • Presentations

    Introduction to Estate Planning, New York State Bar Association Continuing Legal Education (Albany, New York, October 24 2011) (presented and chaired)

    Estate Litigation: Ethical Considerations and Attorney’s Fees, New York State Bar Association Continuing Legal Education (Albany, New York, June 2, 2011) (presented and chaired)

    Probate and the Administration of Estates: Ethical Considerations and Attorney’s Fees, New York State Bar Association Continuing Legal Education (Albany, New York, October 19, 2010) (presented and chaired)

    Taxpayer Advocacy Conference: Addressing Systemic Tensions During Tight Budget Times, October 8, 2010 (presented and chaired).

    Estate Planning after Divorce, Planning for the Next Marriage, New York State Bar Association Continuing Legal Education (Albany, New York, June 2, 2010) (presented and chaired)

    Using Technology and Backward Design to Help Students Acquire the Attributes of Effective, Responsible Lawyers, AALS Conference on Clinical Legal Education (Baltimore, Maryland, May 8, 2010)

    Introduction to Estate Planning, Charitable Planning, Life Insurance and Qualified Plans, New York State Bar Association Continuing Legal Education (Albany, New York, October 20, 2009)

    Everything You Wanted to Know about Estate Planning for the Middle Class Client (But Were Afraid to Ask), Qualified Plans, Tax and Non Tax Considerations, New York State Bar Association CLE (Albany, New York, May 20, 2009)

    Program Chair, Estate Planning in Uncertain Times, Tax and Non-Tax Considerations, New York State Bar Association, Trusts and Estates Law Section Spring Meeting (Amelia Island, Florida, March 19 – 22, 2009).

    Reverse Mortgages, Senior Citizens Law Day, Albany Law School (Albany, New York, October 25, 2008)

    Estate Planning Update, Curran Investment Management (Albany, New York, February 27, 2008)

    Estate Planning Update, New York State Society of Certified Public Accountants, (Albany, New York, November 29, 2007)

    Reverse Mortgages, Senior Citizens Law Day, Albany Law School (Albany, New York, October 27, 2007)

    Multi-Jurisdictional Practice and the New Model Rules, UJA Federation (New York, New York, February 10, 2004)

  • Presentations

    Served on a panel for a program titled “Replicating the Practice Environment in Law School,” at the Legal Writing Institute One-Day Workshop, New York Law School (December 7, 2012).

    Long-Term Contracts Are Not a Mirage: Lessons Learned During the Long-Term Contract Review Process, 2012 Legal Writing Institute Biennial Conference, May 2012 (with Prof. Gerald Rock)

    Teaching 1Ls to Think and Practice Like Lawyers By Teaching in Role
    , Center for Excellence in Law Teaching (CELT) Inaugural Conference: “Setting and Assessing Learning Objectives,” Albany Law School, March 30, 2012 (with Prof. Jodi Balsam, New York Law School) 

    Meeting with the Partner: Learning to Organize and Draft Meaningful Legal Arguments in the Objective Memo Through Oral Discussion, AALS Section on Legal Writing, Reasoning and Research, Washington D.C., AALS Annual Meeting, January 2012 (with Prof. Jenean Taranto)

    “Revisiting the Traditional Objective Memo: Using the First-Year Objective Memo to Teach Upper-Level Students How to Draft 'Practice-Ready' Pleadings” - Central States Regional Legal Writing Conference (John Marshall Law School in Chicago), September 2011

    Albany Law School – Continuing Legal Education – Administrative Decision Writing (presented for the NY Office of Temporary and Disability Assistance), April 2011

    Albany Law School Public Service Workshop Program – Legal Writing for Non-Attorneys, August and October 2010

    Office of Children and Family Services Presentation – Continuing Legal Education – Legal Writing for Attorneys, December 2009

    Office of Children and Family Services Bureau of Special Hearings Presentation – Continuing Legal Education – Decision Writing, December 2009

    Albany Law School Public Service Workshop Program – Continuing Legal Education – Legal Writing for Attorneys: Advanced, October 2009

    A New Approach to Helping Students Navigate the Rocky Mountain of Persuasive Facts (presented at the 9th Annual Rocky Mountain Legal Writing Conference, Sandra Day O’Connor College of Law, Arizona State University), March 2009.

  • Presentations

    "Going Pro: Transitioning Students from Social to Professional Correspondence" at the Legal Writing Institute One-Day Workshop at the University of North Carolina School of Law in Chapel Hill on Dec. 7, 2012

    "Long-Term Contracts Are Not a Mirage: Lessons Learned During the Long-Term Contract Review Process" at 15th Biennial Conference of the Legal Writing Institute in Desert Springs, California (May 2012)

    “Dead Poets Perspective: Teaching Students to Understand and Write about the Varying Factual Perspectives within a Case” at the 7th Biennial Central States Regional Legal Writing Conference at John Marshall Law School in Chicago on Sept. 16, 2011

    “The Lost Art of Letter Writing” at the 11th Annual Rocky Mountain Legal Writing Conference at the Boyd School of Law at the University of Nevada Las Vegas on March 26, 2011

    “Administrative Law Update” - Continuing Legal Education Program - New York State Public Service Workshop Program at Albany Law School in January and November 2011

    “Legal Writing for Non-Lawyers” - New York State Public Service Workshop Program at Albany Law School (December 2009; August, 2010; October, 2010)

  • Presentations

    ​The Possibilities of a Child Rights
    Social Movement in the United States of America
    The Children’s Convention at 21:
    Is Child Rights Come of Age?
    University of Ulster
    Derry, Northern Ireland
    18 June 2010

    Keynote Address
    Child Trafficking and The UN Convention on the Rights of the Child
    University of Minnesota School of Law
    2 April 2010

    Child Rights in the United States
    University of Iowa Law School
    5 March 2010

    More than a Liberal Paradox:
    The role of the welfare state
    LatCrit, Washington D.C.
    3 October 2009

    Neutral Law and Eurocentric Law Making
    Selected as as one of the “New Voices in Human Rights”
    Association of American Law Schools
    Annual Meeting, San Diego
    7 January 2009

    Rape and Agency in Times of War
    Vanderbilt University         
    23 October 2008                                                 

    Lawyer, LiarPresentation as part of panel on Lying, Deception & the Pretext Problem
    Association for the Study of Law, Culture & the Humanities
    10th Annual Conference:
    Georgetown University Law Center
    Washington, DC
    23-24 March 2007

    The Urgency of Time
    Opening Address
    Teaching from the Left
    Harvard Law School
    11-12 March 2006

    The Future of International Child Rights
    Globalization and Marginalisation: Implementing Human Rights: International Symposium
    Gothenburg University Center for Human Rights
    14-16 June 2004

    Memories of Slavery
    DePaul University School of Law
    DePaul Law Review Symposium:
    Emerging Issues in Race and the Law
    Chicago, Illinois
    9-10 March 2004

    The UN Convention on the Rights of the Child
    DePaul University School of Law
    Faculty Colloquium
    Chicago, Illinois
    13 May 2004

    International Feminist Legal Theory: Opening Address
    Gothenburg University School of Law 
    International Comparative Jurisprudence Conference                                                 
    Gothenburg, Sweden
    7-9 July 2003

    The Ideology of Genus                                                                                      
    Duke University, Law & Sexuality Seminar
    Invited by Prof. Jerome M. Culp
    Durham, North Carolina
    4 November 2002

    The Motion of Rights       
    University of North London      
    Critical Legal Conference in London (United Kingdom)
    6-8 September 2002

    International Child Rights       
    Gothenburg University Human Rights Seminar
    Gothenburg, Sweden
    15 May 2002   

    Juvenile Justice & International Norms     
    Western Law Teachers / People of Color Conference   
    Half Moon Bay, California
    24 March 2002

    Scandinavian Feminism       
    Golden Gate University School of Law Public Lecture    
    San Francisco, California
    17 March 2002

    Gösta Berling’s Saga: Law & Literature     
    University of San Francisco School of Law Faculty Colloquium
    San Francisco, California
    5 March 2002

    Rights in Motion        
    University of Miami School of Law     
    Miami Law Review Symposium
    Miami, Florida
    23 February 2002

    Race & Gender in Postcolonial Europe     
    Benjamin N. Cardozo School of Law    
    Jurisprudence series organized by Prof. Peter Goodrich
    New York, New York
    12 February 2002

     

    A Child Perspective on Juvenile Justice    
    University of Iowa School of Law      
    Journal of Gender, Race & Justice Symposium
    Iowa City, Iowa
    5-6 October 2001

    “Rights” versus “Harms” in the UN Convention on the Rights of the Child   
    Harvard University Child Rights Working Group
    Center for Population and Development Studies
    Harvard University
    26 April 2001

    Localized Disruption: A Liberation Strategy   
    New England School of Law      
    New England Law Review Symposium
    31 March 2001

    Not for Sale!         
    Northeastern University School of Law    
    Race & the Law Seminar
    27 September 2000

    International Human Rights Work    
    Northeastern University International Law Society    
    Northeastern University School of Law
    21 September 2000

    Elian Gonzalez: An International Child Rights Perspective 
    Northeastern University International Law Society    
    Northeastern University School of Law
    17 February 2000

    Child Labor        
    Amnesty International Northeast Regional Conference
    Panel on Labor, Human Rights, and Business
    Boston University
    13 November 1999

    A History of the UN Convention on the Rights of the Child  
    Harvard University Child Rights Working Group
    Harvard University Center for Population and Development Studies
    4 November 1999

    Not for Sale!         
    Birkbeck College, Department of Law (University of London)  
    Critical Legal Conference.
    London, England
    19 September 1999

     

     

     

     
  • Presentations

    Avoiding Unintended Consequences: Understanding Recent Statistics & the Difficulty of Holding Abusers Accountable in 2013 (with Lisa Frisch & Professor Sara Rogerson), New York State Supreme Court Appellate Division, Third Judicial CLE training program for appellate court attorneys, New York State Bar Association, Albany, NY, 9/19/13


    Cross-Fertilization Comes in Many Colors: Diverse Clinical Strategies to Address Family Violence, Co-panelist with Professor Jill Engle and Jeffrey Baker, AALS Clinical Conference concurrent Session, San Juan, PR, June 2013


    Theories about Gender Differences Regarding Institutional and Communal "Housework" in American Law Schools in a Time of Economic Distress, Oxford Interdisciplinary Roundtable, 15th Annual Conference on Women and Education, Harris Manchester College, Oxford, England, March 2013


    Redeeming Law Schools: How Do “OUTCOMES” Fit In?, Touro Faculty Colloquium, February 2013


    Interpersonal Violence: The Intersection Between The Legal and Medical Fields, Albany Medical College, Albany, NY, January 2013


    An Evaluation of Ten Concerns About Using Outcomes in Legal Education, William Mitchell Faculty Workshop, St. Paul, MN, April 2012


    Bringing Ideas for Setting and Assessing Learning Objectives Back to Your Institutions, CELT Inaugural Conference, Albany, NY, March 2012


    Introduction of Chief Justice Margaret Marshall, Great Women, Great Chiefs, Albany Law Review State Constitutional Law Symposium, Albany, NY, February 2012


    Beyond Best Practices: Integrating Cultural, Competence Training in Legal Education, AALS Clinical Conference, Seattle, Wash., June 2011 


    Best Practices for Skill Building in Teaching Land Use, Environmental, and Sustainable Development Law, Co-sponsor of Conference, Introductory Overview, White Plains, N.Y., May 2011 


    Best Practices in American Legal Education, Quatar University, Doha, Quatar, May 2011


    Using Critical Perspectives to Inform Change, (with Profs. S. Ashar, M. Montoya and T. Steinbach), AALS Clinical Section annual Conference, Plenary, Baltimore, Md., May 2010


    Re-vision Quest: Choices, Context and Consequences for Experiential Education in Law School (with D. Maranville, P. Goldfarb, R. Engler & S. Kay), AALS Clinical Section Annual Conference, Concurrent Workshop, Baltimore, Md., May 2010


    Best Practices, Carnegie, Outcomes Based Learning & ABA Revisions: A Conversation about Current Initiatives & Reforms in Legal Education, Roger Williams University School of Law, Faculty Workshop, Bristol, R.I., February 2010


    “Where to Go Now on Best Practices?” Workshop at AALS Conference, January 2010


    Current Legal Education Reform Movement, Co-presented with Prof. C. Kaas, half-day workshop, Southern New England School of Law, Faculty Workshop, North Dartmouth, Mass., October 2009


    Incorporating Effective Formative Assessment in Course Planning: A Demonstration and Toolbox, (with Profs. Barbara Glesner-Fines, Carolyn Grose, & Peter Joy), Crossroads Assessment Conference, Panel Presentation, Best Practices for Legal Education Update, N.Y. State Bar Association, Committee on Legal Education & Admission to the Bar, New York, N.Y.


    Implicit Bias and Cross-Cultural Competence in Legal Practice (with Lillian Moy), N.Y. State Legal Partnership Conference, Albany, N.Y., September 2008


    Challenges and Assumptions about Business as Usual in Legal Education, Concurrent Session, (with Profs. M. Moore - Jackson P. Joy, A. Selillo-Lopez & R. Stuckey), AALS Annual Clinical Conference, New Orleans, La., May 2007


    Dealing with External Challenges to Clinical Education (with Profs. R. Dinnerstein and Dean R. Morgan), AALS Annual Clinical Conference, Clinical Directors Workshop Plenary Session


    The Impact of ‘Best Practices’ and Carnegie on Clinics: Evaluating Ourselves Internally & Evaluating Our Place in Legal Education, Co-Presented Full Day Workshop (with Prof. C. Kaas), Upstate-Western New York Regional Clinical Conference, Syracuse, N.Y., December 2007


    "Can You Be a “Good” Clinician and Teach in a Prosecution Clinic?” Clinical Conference, Crossing the Digital Divide, AALS Annual Clinical Conference, Technology Track, San Diego, Calif., May 2005


    Messages Regarding Professionalism, Panel Coordinator & Presenter, (with Profs. A. McCaffrey & M. Aaronson), AALS Annual Clinical Conference, Clinical Directors Workshop, Vancouver, Calif., May 2003

  • Presentations & Panels

    Keynote Speaker, Siena College, Constitutional Law Day, September 25, titled "Equality Across Borders: The 14th Amendment in Comparative Perspective." Click here for a full profile.

    Moderator, The Role of Clinics in Comparative Perspective, Access to Justice Conference to Honor David McQuoid Mason University of KwaZulu Natal University School of Law, Durban, South Africa, December 10 - 13, 2012

    Moderator, The Future of Health Care Reform, Capital District LERA and Albany Law School’s Labor and Employment Law Society, November 7, 2012 (Moderator)

    Moderator, Africa and International Law: Taking Stock and Moving Forward, Albany Law School, April 12-14, 2012

    Panelist, Labor Movements, Yale Law School Robert M. Cover Retreat New Hampshire, March 2-4, 2012

    Diversity Roundtable Discussion, Albany Law School, October 18, 2011

    OUTLAW Roundtable Discussion, Albany Law School, October 14, 2011

    Moderator, Protecting Workers Rights, Albany Law Review Symposium Albany Law School, September 28, 2011

    Commencement Speaker, University at Albany, Department of Africana Studies, May 14, 2011

    Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism, Third National People of Color Conference, Seton Hall, New Jersey September 9-12, 2010.

    Discrimination and Equality in the Global Workplace, Latcrit International Comparative Law Colloquium, Paris, France, July 27, 2010.

    Food Security and Women's Vulnerability to HIV in Uganda, LatCrit South-North Exchange on "The Global Politics of Food: Sustainability and Subordination," Mexico City, Mexico, May 6-8, 2010

    To the Stars Through Difficulties: The Legal Construction of Private Space in the Wizard of Oz, Taking Oz Seriously, Albany Law School, November 13, 2009.

    The Economics of Vulnerability: Northeast People of Color Legal Scholarship Conference 2009, "America's New Class Warfare?", University of Buffalo Law School, October 23-24, 2009.

    The Spread of HIV/AIDS Among Women Through Domestic Violence and Food Insecurity, SHUR Annual Conference, Rome, Italy, June 4, 2009

    Defining Race Symposium, Albany Law Review and Albany Law Journal of Science and Technology, November 14, 2008.

    Forum on Race and Education: A Rehearing of Brown v. Board of Education, New York State Bar Association, Albany Law School Government Law Center, NYSUT, Capital Black and Hispanic Bar Association, May 6, 2008

    Legal Education: Law, Poverty and Economic Inequality, Valparaiso University School of Law, April 3-4, 2008

    Is it Race or Gender?: Discussions about the Roles of Race and Gender in this Presidential Race, Albany Law School, March 11, 2008

    On the Backs of Our Children: The International Trade in Child Domestic Labor, Albany Law School, Amnesty International, Feb 1, 2008.

    Comparative Perspectives on Race, Slavery, and Social Exclusion: Thoughts on the 200th Anniversary of the End of the Slave Trade
    International Conference of Law and Society in the 21st Century, Berlin, Germany, July 26, 2007

    Domestic Violence and the Spread of HIV/AID Among Married Women
    International Conference of Law and Society in the 21st Century, Berlin, Germany, July 26, 2007

    The Comfort of Home: Children as Domestic Workers
    30th International Congress on Law & Mental Health, Children in the Post-Nuclear Family University of Padua, Padua, Italy, June 25, 2007

    On the Backs of Our Children: Chocolate, Other Comforts and Child Labour
    Law Union Annual Meeting, University of Toronto, February 10, 2007

    Equality and Discrimination in International Labour Law
    University of Western Ontario School of Law, "Labour Law and the Global Workplace" October 20-21, 2006

    40 Acres and a Mule: Affirmative Action Now
    Boston College School of Law, October 13, 2006

    Cross-Border Feminism in the 00s and Beyond
    Feminism and Legal Theory Workshop, University of Wisconsin Law School, June 27, 2003

    Affirmative Action Law in the United States
    State University of New York (SUNY), Albany, January 30, 2003

    Working Across Borders: Gender, Work and the Law
    Faculty Seminar Series, Osgoode Hall Law School, Toronto, June 19, 2002

    Working Across Borders
    Law and Society Association Annual Meeting, Vancouver, June 1, 2002

    Sexual Harassment Law (CLE)
    New York State Assembly, December 7, 2000

    Racial Releases
    Queen's University Faculty of Law, Kingston, Ontario, September 15, 2000

    The Ontario Human Rights Complaint Process
    Tulane-Albany Summer Program at McGill University Faculty of Law, Montreal, July 13, 2000

    Various Perspectives on Comparative Law
    Fourth Annual Northeastern People of Color Legal Scholarship Conference, San Juan, Puerto Rico, April 15, 2000

    Litigating Labor Rights
    American Association of International Law Annual Meeting, Wash. D.C., April 8, 2000

    Transborder Transgressions
    Annie MacDonald Langstaff Workshop, Institute of Comparative Law, Faculty of Law McGill University, February 9, 2000

    Sexual Harassment in Public Schools
    SUNY New Paltz, Women's Studies Annual Conference, November 6, 1999

    Works in Progress Report
    Regional Conference on Sociolegal Studies, Osgoode Hall Law School, Toronto, May 7, 1999.

    Transborder Transgressions
    American Association of International Law (ASIL), Annual Meeting, Washington D.C., March 24, 1999

    Comparative Latinas/os: Identity, Law and Policy in LatCrit Theory
    Third Annual LatCrit Conference, University of Miami Law School, May 7-8, 1998

    The Legal and Social Implications of the Human Genome Project
    Albany Law Journal of Science and Technology Symposium, April 2, 1998

    What's Gender Got To Do With It?: The Significance and Contribution of Women in Legal Education
    Albany Law School, February, 1998

    Critical Race Theory and Comparative Law
    Critical Race Theory Conference, Yale Law School, November, 1997.

    Seeing Women Transnationally
    SUNY Women Studies Department Video Series, October, 1997 (Facilitator)

    Law School Culture and Legal Pedagogy
    Northeastern Students of Color Legal Scholarship Conference, Albany Law School, October, 1997

    Critical Race Theory: A Comparative Approach
    American Society of International Law (ASIL), Annual Meeting, Washington, D.C., April, 1997

    LatCrit Theory and Post/Neo Colonialism: A Comparative Discussion of the Conquest and Subjugation of Indigenous Peoples in the Area Now Known as the United States and its Territories, Second Annual LatCrit Conference, St. Mary's University School of Law, San Antonio, Texas, May 2-3, 1997

    Vindicating Women's Rights Through Domestic Law
    Comparative Law Section, Association of American Law Schools (AALS), Annual Meeting, Washington, D.C., January, 1997

    After Critique
    8th Annual Critical Race Theory Workshop, Washington, D.C., November, 1996

    Race & Ethnicity in the Law: Classroom Dynamics, Legal Pedagogy and Law Students of Color
    Northeastern Students of Color Legal Scholarship Conference, Western New England College School of Law, October, 1996

    Gender and Labor Relations
    International Conference on Law and Society, University of Strathclyde, Glasgow, July, 1996

    Affirmative Action: The New Civil Rights Movement?
    Conference on "Women of Color and the Law: Confronting the Myth of Neutrality and Seeking Visibility," Columbia University School of Law, March, 1996

    Two Steps Removed: The Paradox of Diversity Discourse for Women of Colour in Law Teaching
    Conference on "Women in the Academy," Columbia University School of Law, March, 1996

    Feminist Perspectives on Law
    University of Toronto, Faculty of Law, February, 1996

    The Politics of Innocence and Guilt: Bias in the Ontario Human Rights Complaint Process
    Women and the Arts Lecture Series, Carleton University, Ottawa, February, 1996

    Law and Labor of Color
    Law and Society Association Meeting, Toronto, June, 1995

    Class Position of the Left Academy
    Class and Identity: Crit Networks Conference at American University Washington College of Law and Georgetown University Law Center, March, 1995

    Sexual Orientation and the Discourse on Race and Gender
    Columbia University School of Law, November, 1994

    Feminism in the Workplace
    Columbia University School of Law, June, 1994

    Breaking Silence: Coming Out in the Workplace
    Albany Law School, April, 1994

    Affirmative Action, Veterans Preference and the Public Sector
    Legal Issues in Redefining the Public Sector Workforce, Government Law Center, Albany Law School, March 1994

    An Introduction to Critical Race Theory
    Albany Law School, February, 1994

    Oleanna: Sexual Harassment in the Workplace
    Capital Repertory Company, Albany, January, 1994

    Feminist Jurisprudence: A Primer
    Albany Law School, October, 1993

    Intersectionality of Race & Gender
    Discussion Across Legal Cultures Conference, Columbia University School of Law, June, 1993

    Legal and Ethical Implications of Science and Technology
    Sri Lankan Association for the Advancement of Science, Colombo, Sri Lanka, June, 1990

  • Presentations and other Professional Activities

    Plenary Panelist, Race and Justice in the 21st Century, Facing Race conference, sponsored by the Applied Research Council, held in Baltimore, Maryland, in November 2012.

    Panelist, Affirmative-Action and the Supreme Court, Albany Law School, October 20, 2012.

    Panelist, A
    New Vision for Race in Science and Biotechnology, the Kirwan Institute for the Study of Race and Ethnicity, Ohio State University, March 16, 2012.

    Panelist, Post-Racialism and Affirmative Action, Albany Law School, March 2012.

    Keynote Lecturer, Affirmative-Action in a Post-Racial World, New York State Department of Public Health, held in the Wadsworth Auditorium in Albany, New York in February 2012.

    Moderator, Race: A David Mamet Production, as part of the annual Firestorm Series collaboration between the Capital Repertory Theatre and the Arts Center of Troy, NY, held in Troy, NY in October 2011.

    Presentation, Genetics, Race and Substantive Due Process, as part of a work-in-progress discussion during the annual LatCrit conference, held in San Diego, California in October 2011.

    Panelist, Diversity in Law School, held at Albany Law School in October 2011.

    Accepted Panelist, Racial Borders, Post-Racialism and Passing, as part of the annual Law and Society Conference, held in San Francisco, California in May 2011.

    Invited Panelist for the Southeast/Southwest and Midwest People of Color Legal Scholarship Conference, sponsored by John Marshall Law School and Nova Southeastern University, Shepard Broad Law Center, in April 2011.

    Panelist for the inaugural Northeast Regional Scholarship and Teaching Development Workshop, held at Albany Law School in February 2011.

    Invited Panelist for a Roundtable event entitled “What’s Up With Arizona?: The Constitutional, Economic and Political Implications of the Immigration Law,” held at Albany Law School in November 2010.

    Member of the Planning Committee for the Junior Faculty Development Workshop, which is part of the annual LatCrit conference (www.latcrit.org), 2009-2010.

    Presentation, Postracialism and Racial Passing, as part of a panel discussion during the annual National People of Color conference, held at Seton Hall Law School in September 2010.

    Panelist for OUTLaw’s Queer in America annual event, held at Albany Law School in April 2010.

    Invited panelist for the Northeast Black Law Student Association’s annual regional convention, held at Syracuse Law School in January 2010.

    Invited speaker on “Post-racialism” panel for the Northeast People of Color annual conference, held at Buffalo Law School in November 2009.

    Presentation, On Professionalism and Balance, as part of a panel discussion during the annual LatCrit conference, held at American University, Washington College of Law in October 2009.

    Presentation, Race and Immigration Law, as part of the “Immigration and Human Rights” panel during the annual conference of the Research Council for Sociology of Law, held at the Onati Institute (Spain) in July 2009.

    Invited Panelist, Forensic Genetics and the Ascendancy of Modern "Race Science:" Establishing the Inadmissibility of DNA Estimates of Race, to take place during a national symposium on "Defining Race" at Albany Law School in November 2008.

    Member of the Planning Committee for the Junior Faculty Development Workshops, for the 2008 LatCrit annual conference, to be held at the Seattle University School of Law in October 2008.

    Presentation, Race Science: Reconciling DNA Profiling with Modern Race Theory, as part of the "Law and Biomedical Technologies" panel during the annual conference of the Research Council for Sociology of Law, held at the University of Milan-Italy in July 2008.

    Contributor to bibliographic research project on race and ethnicity conducted by the non-profit educational organization the Aspen Institute. Granted copyright permission for a prior legal publication - Equal Opportunity, Individual Liberty and Meritocracy in Education: Reinforcing Structures of Privilege and Inequality, 9 Geo. J. Pov. Law & Pol'y 227 (2002) - to be used as part of the formal readings for the Racial Equity and Society seminars conducted by the Aspen Institute in June 2008.

    Presentation, Some Realism about Integration, as part of the "Future of Racial Integration" panel during the annual conference of the Society of American Law Teachers, held at the University of California-Berkeley School of Law in March 2008.

    Presentation, Child Soldiers and the Perpetrator Bar under United States Asylum Law, as part of the "Lost Childhood: Child Soldiers, Trafficked Children, and Child Rights" symposium held at Albany Law School in February 2008.

    Presentation to the Staff Attorneys of the New York State Legislature, Recent Changes in the Law of Evidence,in December 2007.

    Invitation to author an Evidence treatise for Bloomberg Legal Services, LLP.

    Invitation to serve on a panel regarding "Colorism in the Americas" during the annual conference of the South-North Exchange in the Summer of 2007.

    Moderator, War, Sovereignty, and Territoriality panel as part of the Third World and International Law annual conference held at Albany Law School in April 2007.

    New website  – www.raceandlaw.com

  • Professional Activities

    Committee on Academic Freedom and Tenure, Association of American Law Schools, 2000-2002, Chair, 2001, 2002.

    Consultant, National Conference of Bar Examiners, Performance Based Testing, 1992-present.

    Consultant, Committee of Bar Examiners, State of California, Performance Based Testing, 1984-present.

    ABA/AALS Site Evaluation Team: City University of New York (Chair), 2002; University of Utah, 2000; George Mason University, 2000; University of Kansas, 1999; Brooklyn Law School, 1998.

    Virginia State Bar: Chair, Section on Education of Lawyers, 1995-96, Co-chair Law School Committee, 1993-95; Alternate Dispute Resolution Joint Committee, 1990-95; Professionalism Committee--Advisory Committee, 1988-89.

    American Inns of Court (Southern Illinois Inn of Court, 1996 - 2002; John Marshall Inn of Court, Richmond, Va., 1995 - 1996).

    Bar Association of the Central and Southern Federal Districts of Illinois, 2001-2002.

    Jackson County (Illinois) Bar Association, 1996 - 2002.

    Editorial Board, Journal of Child and Family Studies (Human Sciences Press, Inc.), 1991-1996.

    Faculty

    Practising Law Institute, Bridge the Gap I (New York, 2000, 2002); Negotiation Workshop for Lawyers, (New York, 1986-88)(Los Angeles, 1989).

    Mastering Virginia Evidence (NITA, Washington, D.C., 1996).

    Federal Trade Commission (FTC)/National Institute for Trial Advocacy (NITA) Motions Practice Training Program, Team Leader (Washington, D.C., 1995).

    FTC/NITA Advanced Deposition Training Program, Team Leader (Washington, D.C., 1994).

    Virginia Judicial Education Conference (Evidence, 1994, 1995).

    Negotiation Workshops, Guam Legal Services Corporation and Micronesia Legal Services Corporation (Guam and Saipan, 1991).

    NITA Deposition Training, Team Leader, (Chapel Hill, N.C., 1989).

    FTC/NITA Deposition Training Program, (Washington, D.C., 1989).

    NITA/New York Stock Exchange On The Record Examination Training Program (New York, 1988).

    NITA Mid-Atlantic Region Trial Advocacy Program (1984, 1985).

    FTC/NITA Trial Advocacy Program (Washington, D.C. 1981).

    Virginia Bankers School (University of Virginia, School of Commerce/Virginia Bankers Association, 1988-95).

    Graduate School of Bank Management (University of Virginia/Consumer Bankers Association, 1990-93).

    Management Development Program (University Richmond, 1988-89).

    ABA/LSD Competitions Committee, Chair, 1989-91; Chair, Negotiation Competition Subcommittee, 1985-89; ABA/LSD; Negotiation Competition Committee, 1983-85, Chair, 1983-85.

    Board of Directors, Offender Aid and Restoration of Richmond, 1984-87; Vice-President, 1985-87; Chair, Mediation Committee, 1984-87.

    Mediator, Offender Aid and Restoration , Community Mediation Project, 1984-88.

    Consultant/trainer: interviewing, counseling, negotiation, mediation and trial practice for various legal, public service, government, insurance, business, medical and banking organizations, including: Powell, Goldstein, Frazer & Murphy (Washington, D.C., 2001); Foley, Lardner (Milwaukee, 2000); Vinson & Elkins (Houston, 1999, 1998, 1996); Stroock & Stroock & Lavan (New York, 1999, 1998, 1997); Weil, Gotshal & Manges (Warsaw, Poland, 1998); Phelps Dunbar (Houston, 1998, New Orleans, Jackson, 1997); Arizona Attorney General (Phoenix, 1998); Illinois Attorney General (Chicago, 1998, 1997; Springfield, 1998); Shearman & Sterling (New York, 1997, 1996, 1995, 1993; Los Angeles, 1996); Morgan, Lewis & Bockius (Washington, D.C., 1997); Schulte, Roth & Zabel (New York, 1997); New York Attorney General (Management Retreat, 1997); New Mexico Attorney General (Santa Fe, 1997); National Association of Attorneys General, Consumer Protection Section (Chicago, 1997); Kirkpatrick & Lockhart (Pittsburgh, 1996); Reinhart Boerner Van Deuren Norris & Rieselbach (Milwaukee, 1996); The New York State Insurance Fund (New York, 1996); Iowa Beef Producers (Sioux City, 1996); Bon Secours Health Corporation--Richmond (1996); Kaye, Scholer (New York, 1995); Association of Academic Chairmen of Plastic Surgery (Chicago, 1995); Central Fidelity Bank (1986-87, 1989, 1995); Best Products, Inc. (1995); William Morris Associates (1995); Southern States Cooperative (1994); Harrison and Bates (1994); AT&T (1994); Michigan Hospital Association Insurance Co. (1993); Virginia Department of Housing and Community Development (1993); Virginia Beach Community Services Board (1993); AHS Risk Management (Las Vegas, 1992); Virginia Department of Education (1992-1993); Management Institute (University of Richmond, 1988-1996); Virginia Housing Development Authority (1991-93); North Carolina Legal Services (1992); Virginia State Bar, Lawyer Referral Service (1992); Insurance Hospital Forum (Scottsdale, AZ.. 1992); William Byrd Press (1991); Contel, Inc. (1991); Bell Atlantic (Richmond, 1988-89); Virginia Power, (1990); Virginia Department for Rights of the Disabled (1986, 1989-90); Chesapeake & Potomac Telephone (Norfolk, 1988); Crestar Bank (1981-1988); Georgetown University Law Center CLE (1987); Signet Bank (Richmond, 1986); Virginia Insurance Reciprocal (1983-86, 1991); Hirschler, Fleischer, Weinberg, Cox & Allen (1986, Richmond); McGuire Woods & Battle (Richmond, 1983); Pitney, Hardin (New Jersey, 1982-83).

  • Project with Chief Justice Kaye

    NYS COLLATERAL CONSEQUENCES OF CRIMINAL CHARGES (website)

    • Website designed, Columbia Law School Clinic, NYC, Fall 2005

    • Project launched, State of Judiciary Address, Albany, February 2006

    • Next colloquium, State Judicial Institute, White Plains, June 2006

  • Recent Presentations

    Taylor Law Conference [PPT], 5/16/08: "Public Sector Labor Law in the Kaye Court"

    Rockefeller Institute [PPT], 10/15/07: "NY Court of Appeals: The Judges, Selection & Making of the Current Court"

    NYS Legislative CLE [PPT], 12/14/06: "The Pataki Court"

    Rockefeller Institute [PPT], 11/06: "The Court of Appeals: 'Non-Political Merit' Appointment"

    New York Court of Appeals Criminal Law Update [PPT], 11/05

    The Cornell PowerPoint Presentation [PPT] -- i.e., The NYSBA Criminal Justice Section Fall Meeting at Cornell University, 11/08/03​

  • Select Presentations

    The Supreme Court Ruling and What it Means, a Panel Discussion at BlueShield of Northeastern New York, June 29, 2012.

    Bioethics and Disability, Society for Disability Studies Annual Meeting, Denver Colorado, June 23, 2012.

    Physicians with Disabilities: Barriers and Opportunities, Health Law Professors Conference, Tempe Arizona, June 9, 2012.

    The Right to Health, at Prisoners of the Iranian Regime: Lessons for Lawyers,  a panel discussion, Albany Law School, February 2, 2012.

    Health and Human Rights, World AIDS Day, University at Albany School for Human Rights, December 1, 2011.

    Top Ten Legal Developments in Bioethics, ASBH Annual Meeting, Minneapolis MN, October 15, 2011 (with Arthur Derse and Amy Campbell).

    Too Close to Home: Scientists Who Use Their Own Children as Research Subjects, Southeastern Association of Law Schools Annual Conference, Hilton Head, SC, July 26, 2011.

    Body Modification, Adolescents, and the Law, University of Maryland School of  Law, Roundtable on Acolescent Decision Making, Baltimore, April 15, 2011.

    2010 Family Health Care Decisions Act: Key Provisions and Impact at the Bedside, Albany Medical College, November 19, 2010.

    Shaping Parental Authority over Children’s Bodies, Law and Society Annual Meeting, Chicago.  May 29, 2010.

    Disability and Health Care Resource Allocation, at Johns Hopkins University School of Medicine at a conference sponsored by the University of Maryland School of Law and the Maryland Health Care Ethics Committee Network.  April 28, 2010.

    Disability and Bioethics, National Expert presentation, Mellon Central New York Humanities Corridor Disability and Medical Humanities Workshop, Syracuse NY, December 4, 2009.

    Health Information Technology as Health Reform, Southeastern Association of Law Schools Annual Meeting, Palm Beach Florida, August 5, 2009.

    From Pre-implantation Genetic Modification to Plastic Surgery: Parental Authority over Children’s Bodies, Health Law Professors Conference, Cleveland, June 6, 2009.

    Pre-implantation Genetic Modification, Annual Meeting of the Law and Society Association, Roundtable with Kirsten Smolensky, Rhadika Rao, Jaime King, Glenn Cohen, Denver, May 30, 2009.

    The Role of Professional Conscience in Healthcare, Featured Speaker, Annual Meeting of the Schenectady County Bar Association, the Schenectady County Medical Association, and the Schenectady County Dental Association, April 2, 2009.

    Regulating the Cure: A Symposium on the Legal Regulation of Off-Label Drug Use, Moderator, Albany Law School, March 27, 2009.

    A Disability Sensitive Response to Professor Smolensky, Hastings Law School, January 22, 2009.

    Youthful Indiscretion:  Teenagers and Cosmetic Surgery, Health Law Professor’s Conference, June 6, 2008.

    Law and Bioethics, an Introduction, Union/Mt. Sinai School of Medicine Program in Bioethics Proseminar, August 6, 2008.

    Pediatric Ethics, Albany Medical College, Bioethics Scholars Program, May 14, 2008.

    Hernandez v. Robles and its Aftermath, Society, Security, and Civil Rights:  Examining Sanctioned Discrimination Across Three Generations, a symposium sponsored by The Justice Robert H. Jackson Lecture Series, Albany Law School, April 4, 2008.

    Decisionmaking for Children, Ethics Grand Rounds, Albany Medical College, April 3, 2008.

    Restraining Parental Choice to Size and Shape Children, The Hastings Center, December 10, 2007.

    Bioethics and Law, Hospital Ethics Committees Swap Shop, a Mt. Sinai Medical College-Union Graduate College Conference, Union College, September 28, 2007.

    Pediatrics, Law, and Ethics: the Ashley X Case, 19th Annual Bioethics Summer Camp, Lake George, July 2007.

    Sizing, Shaping, and Sculpting Children: A Call to Limit Parental Discretion, Health Law Professors Conference, Boston, June 2007.

    States and Bioethics, State Courts as Unsung Heroes, Panel Presentation, American Society of Bioethics and Humanities Annual Conference, Denver, October 2006.

    Disability and the End of Life Lobby, panel presentation, Health Law Teachers Conference, Baltimore,  June 2006.

    Advancing Advanced Legal Writing, lecture/workshop, Legal Writing Institute Biennial Meeting, Atlanta, June 2006.

    Life, Death, and the U.S. Supreme Court, half day workshop presented to Connecticut’s High  School History Teachers as part of  the Connecticut Urban Consortium for Teaching United State Constitutional History, New Haven, July 2006.

    Death and Dying in America, session chair, Politics and Bioethics Conference, ASBH summer meeting, Albany, July 2006.

    The Disability Lobby and Disability Scholarship, an Uncomfortable Marriage, Politics and Bioethics Conference, panel presentation, ASBH Summer Conference, Albany, July  2006.

    Federalism and Bioethics, lecture, Rockefeller Institute, May 2006.

    Importing Illegal Pharmaceuticals, session chair, Albany Journal of Science and Technology Symposium, February, 2006.

    Ethical Issues in Flu Pandemic, lecture, Regional Preparedness Center (200+ attendees), State of New York University, School of Public Health , June 2005.

    Disability and the End of Life, lecture, Gilvary Symposium, University of Dayton School of Law, October 22, 2005.

    Disability and End-of-Life Decisionmaking, lecture, Capital District Medical Decision Making Interest Group, Albany, December 13, 2005.

    Supervising Student Research Papers: Guidelines for Ensuring that the Paper Course is More than the Easy “A”,  lecture/workshop,  New England Legal Writing Teachers Regional Conference, December 2005.

    Abortion and the Law, lecture, Presented at Albany Medical Center Hospital March 30, 2005.

    New York’s Restrictions on Family Decisionmaking: A Tragic Result and a Legislative Response, lecture presented at Medical Ethics Grand Rounds, Albany Medical Center Hospital, January 17, 2003; SUNY Albany, February, 20, 2003.

    How Blind Adherence to Vitalism Forced New York, Missouri and Michigan Physicians to Torture Permanently Incompetent Adults with Nutrition and Hydration: A Proposal to Prevent the Inhumane Treatment of the Permanently Incompetent, lecture, Albany Medical Center, August 2003.

    Public Speaking for Lawyers, a two day course in continuing legal education, presented at the New York State Court of Appeals February 2002.

  • Select Presentations

    Co-Presenter, “Teaching Investigation/Investigating Teaching: Ideas on Developing Persuasive Fact Analysis Techniques for Law Students”, Association of American Law Schools: Conference on Clinical Legal Education, May 2, 2012; Los Angeles, California

    Presenter, the Clinical Law Review’s Clinical Writers’ Workshop, New York University Law School, Oct. 1, 2011; New York, New York

    Co-Presenter, “Professional Judgment and Other Clinical Grading”, 2011 Northeast Regional Scholarship and Teaching Development Workshop, Albany Law School, Feb. 5, 2011; Albany, New York

    Co-Facilitator, “Women as Teachers and Scholars”, 2011 Northeast Regional Scholarship and Teaching Development Workshop, Albany Law School, Feb. 4, 2011; Albany, New York

    Panelist, “To Stay or to Go: Why Public Interest Attorneys of Color Stay or Leave Legal Services/Legal Aid”, June 16, 2010; Albany, New York

    Co-Presenter, “Facilitating Change Through Technology-Employing Online Technologies to Fuel Teaching Excellence”, Association of American Law Schools: Conference on Clinical Legal Education, May 8, 2010; Baltimore, Maryland

    Co-Facilitator of a Working Group, Association of American Law Schools:  Conference on Clinical Legal Education, May 8, 2010; Baltimore, Maryland

    Co-Presenter, CLE Training, “Unemployment Insurance: Representing the Claimant”, March 10, 2011, May 20, 2009; Albany, New York

    Presenter, Workshop on Tenant’s Rights for English as a Second Language students, May 4, 2005; Poughkeepsie, New York 

  • Selected Cases, Briefed and Argued

    New York State Ass'n of Criminal Defense Lawyers v. Judith S. Kaye, 96 N.Y.2d 512 (2001)
    In this case, petitioners, an association of criminal defense lawyers, sought to invalidate an order of the Judges of the New York Court of Appeals that lowered the fees paid to attorneys who represent capital defendants. The Appellate Division, Third Department, dismissed the petition on the ground that the petitioners lacked standing to maintain the lawsuit. The Court of Appeals declined to reach the standing issue and upheld the legality and rationality of the order finding that the governing statute gave them plenary power over fees paid to capital counsel.  Click HERE to see full case

    Hamilton v. Beretta U.S.A., 96 N.Y.2d 222 (2001) (brief only)
    The Attorney General appeared as amicus curiae in this case, which was commenced by victims of gun violence against 25 gun manufacturers. The plaintiffs obtained a jury verdict in federal district court against the manufacturers on a theory of negligent distribution and marketing. The case was appealed to the Second Circuit Court of Appeals, which certified to the New York Court of Appeals two critical questions of state law: whether manufacturers have a duty to use reasonable care in distributing guns; and whether liability may be imposed against the manufacturers on a market share theory of liability. The Court declined to recognize such a duty of care on this record, but left the door open for a successful lawsuit on in a future case.  Click HERE to see full case

    Brown v. Wing, 93 N.Y.2d 517 (1999)
    In this case, the Court of Appeals held that relevant federal and state statutes authorize the Department of Social Services to determine that a period of Medicaid ineligibility commenced on the first day of the month after which the petitioners' asset transfers had occurred.  Click HERE to see full case

    Barna v. Travis, 239 F.3d 169 (2d Cir. 2001)
    In this case, the Second Circuit upheld the so-called Pataki Policy, under which violent felony offenders are ineligible for parole, against challenges that the Policy violated inmates' due process rights and the Ex-Post Facto Clause. The Court held that inmates have no liberty interest in parole release.  Click HERE to see full case

    Griffin v. Mann, 156 F.3d 288 (2d Cir. 1998)
    In this case, the Second Circuit reversed a grant of a writ of habeas corpus, and upheld the constitutionality and the application of New York's persistent felony offender statute.  Click HERE to see full case

    Board of Ed. of the Roosevelt Central School District v. SUNY Trustees, decided May and October 2001
    In this case of first impression, the Appellate Division, Third Department held that municipal plaintiffs have standing to challenge the granting of a charter to a charter school. It also accepted the Agency's interpretation of the enabling statute as a valid one.

    Medvedev v. Wing, 249 A.D.2d 755 (1998)
    The Third Department upheld as constitutional the use of finger imaging on public assistance recipients. Petitioners argued that the practice violated their First Amendment rights to free exercise of religion because of their religious belief that finger imaging leaves the "mark of the beast" on those who are imaged and causes their eternal damnation.
    Click HERE to see full case

  • Selected Media Commentary


    11-28-2005
    New York Law Journal

    Defense Bar Considers Rosenblatt The 'Swing' Vote on Criminal Justice Issues By John Caher

    ....as the 69-year-old judge heads into his last year on the bench before mandatory retirement, there is a recognition in the defense community that with the increasingly polarized Court of Appeals...Judge Rosenblatt's vote is crucial....

    [T]he New York State Bar Association's Criminal Justice Section.... were joined by Albany Law School Professor Vincent M. Bonventre, who for the last 15 years has tracked the voting patterns of Court of Appeals judges.

    The professor's research, presented at the Bar Association event, validated statistically what other panelists noted anecdotally.

    Mr. Bonventre's study of voting patterns in 67 criminal cases over several years shows that:

    • Three of Republican Governor George E. Pataki's appointees - Judges Victoria A. Graffeo, Susan Phillips Read and Richard C. Wesley (now of the U.S. Court of Appeals for the Second Circuit) - have never taken a more pro-defendant position in a criminal case than the majority of the Court.
    • Judge Rosenblatt, also an appointee of Mr. Pataki, has never taken a more pro-prosecution position than the majority of the Court. In other words, he has never broken from a pro-defendant majority to join a dissent favoring the prosecution.
    • Two members of the Court - Judges George Bundy Smith (an appointee of Democratic Governor Mario M. Cuomo) and Robert S. Smith (an appointee of Mr. Pataki) - have parted with the majority at times to advance a pro-defendant position, and at times to argue for the prosecution.
    • Chief Judge Judith S. Kaye and Judge Carmen Beauchamp Ciparick are voting for the defendant more frequently than they were a few years ago. Some commentators have suggested that the consistently conservative positions taken by Judges Graffeo, Read and Wesley have nudged the chief judge and Judge Ciparick back toward the left, where Mr. Bonventre's study shows they were before Mr. Pataki exerted his influence on the Court.

    "Wesley, Graffeo and Read never - not once - disagreed with a pro-prosecution position on the Court," Mr. Bonventre said in an interview last week. "They all have dissented, but every time it was to take a more pro-prosecution position. On the other hand, Rosenblatt never disagreed with a pro-defendant position of the Court. Not once. Every single time the Court decided in favor of the rights of the accused, Rosenblatt was with the Court. Every time he disagreed, he took a position more protective of the rights of the accused. I find that staggering."

    Still, Mr. Bonventre said, Judge Rosenblatt is hardly "the poster judge for the rights of the accused, like his predecessor," the late Vito J. Titone, who served from 1985 to 1998.

    "Titone was by far the most pro defendant, liberal judge on the Court," Mr. Bonventre said. "Rosenblatt is not that. His voting is not nearly as liberal as Titone's, but it is also nothing like the other Pataki appointees - Wesley, Graffeo and Read. He is the non Pataki judge."


    October 16, 2005
    Albany Times Union

    Packed dockets hinder justice - Watchdog group says Schenectady County needs 2nd county judge By ANNE MILLER

    The Schenectady County courthouse is overwhelmed. The caseload is so heavy that a statewide watchdog group has singled out the county as desperately in need of another full-time county judge. [But] Rensselaer County snagged an additional county judge in the last round of new judicial postings. The county has some need, but it's also home to the state Senate majority leader.

    "That's insane -- but that's politics," said professor Vincent Bonventre, of Albany Law School. "The politicians and parties are pretty jealous of their judgeships. The politicians and parties in other counties don't want to part with their judges. You end up having to move them around."

    In the late 1970s, the concept of moving judges to help in busy courts was hatched under Court of Appeals Chief Judge Lawrence H. Cooke, who desperately needed judges in New York City. The rural judges revolted, unwilling to forsake their quiet homes for a week in the Bronx courts....

    Rarely does the Legislature create new judgeships two years running...."To create a bunch of judgeships and come back again and create a bunch of other judgeships -- that's not likely," Bonventre said.


    July 08, 2005
    New York Law Journal

    Obituary: Judge Vito J. Titone Jr. By John Caher

    Vito J. Titone Jr. - a Staten Island judge who proudly carried the banner of liberalism in a long career that concluded with 13 years on the Court of Appeals - died Wednesday night, a day after his 76th birthday. He had long struggled with diabetes and related health ailments....

    Albany Law School Professor Vincent M. Bonventre, who clerked at the Court of Appeals during part of Judge Titone's tenure and has tracked the Court since, said Judge Titone "was the most reliable defender of constitutional rights against government abuse."

    Mr. Bonventre added that Judge Titone "really believed that the primary function of courts and judges is to stand between the government and the individual. He was the most loved and loveable figure in the courthouse."


    July 7, 2005
    The Associated Press / New York Newsday

    Former Court of Appeals Judge Vito Titone Dies

    Vito J. Titone, who served 13 years on the state's highest court and penned landmark decisions on issues ranging from child custody to police searches, has died at a nursing home in New York City. He was 76....

    Vincent Bonventre, a professor at Albany Law School, said Titone stood his ground against criticism that he was too liberal from politicians such as Gov. George Pataki and former New York City Mayor Rudolph Giuliani.

    "He was just far and away the most reliable protector of constitutional rights [against] government abuse throughout his tenure on the court," Bonventre said. "Even when the court came under harsh criticism for being too liberal by politicians ... Judge Titone just dug his heels in and was steadfast. He really was remarkable."


    June 27, 2005
    The New York Times

    In Reversals, Questions for Ex-Judge Challenging Morgenthau By LESLIE EATON

    It was hardly an unusual moment in the career of Leslie Crocker Snyder, a New York State judge known for tough talk and long sentences, who is now running for Manhattan district attorney....Judge Snyder has historically had a very strong record of prevailing when her decisions have been appealed....[T]he Court of Appeals....which tends to focus on cases with broad legal applications, has upheld Ms. Synder in 7 out of the 11 appeals since 1988. "That's a pretty darn good record," said Vincent M. Bonventre, a professor at Albany Law School who studies the Court of Appeals.

    ​​
  • Selected Past Professorships

    Nova Southeastern University Shepard Broad Law Center, 1979-present (emeritus)
    Courses: Constiutional Law, Torts, Family Law, First Ammendment, Employment Discrimination, Law of Race and Gender

    Willamette University College of Law, 2008-2009, 1998-2000
    Courses: Constiutional Law, Torts, Administrative Law, Gender and the Law, Law and Public Policy, Professional Responsibility

    Santa Clara University School of Law, 2005-2008, 1984-1985
    Courses: Constiutional Law, Torts, Administrative Law, Gender Discrimination, Family Law, Community Property

    Seattle University of Law, 2003-2005
    Courses: Constiutional Law, Torts, Administrative Law, Family Law, Current Issues in Law and Social Policy

    Nkumba University, Entebbe, Uganda, 2003
    Fulbright Senior Specialist (Curriculum Development and Teacher Training)

    University of Oregon, Departments of Polical Science, History and Sociology, 1997-2003
    Courses: Consitutional Law, Legal Process, American Legal History, Law and Social Policy, Civil Rights and Civil Liberties

    University of Rijeka, Faculty of Law, Croatia, 2000
    Fulbright Visiting Professor and Senior Consultant (Curriculum Development and Teacher Training)
    Course: Constitutional Law

  • Selected Publications

    Fearing the Mirror: Responding to Beggars in a "Kinder and Gentler" America, HASTINGS CONSITUTIONAL LAW QUARTERLY, volume 19, number 3.

    Beggar as Barometer, WISCONSIN LAW REVIEW, volume 91, number 5.

    Lessons From The Third World: Spirituality as the Source of Commitment to Affirmative Action, VERMONT LAW REVIEW, volume 14, number 2.

    TRANSFORMING LEGAL EDUCATION: A SYMPOSIUM OF PROVOCATIVE THOUGHT, conceived, organized and edited. Forty-five contributors, 640 pages. 

    The Law School as Model for Community, NOVA LAW JOURNAL, volume 10, number 2. 

    The Exclusion of Women from Influential Men's Clubs: The Inner Sanctum and the Myth of Full Equality, HARVARD CIVIL RIGHTS AND CIVIL LIBERTIES LAW REVIEW, volume 18, number 2.

    Class Struggle in the Suburbs: Exclusionary Zoning Against the Poor, HASTINGS CONSTITUTIONAL LAW QUARTERLY, volume 2, number 1.

    Book review, Court Years, 1939-1975: The Autobiography of William O. Douglas, NOVA LAW JOURNAL, volume 5, number 2.

    Contributor, Preview of United States Supreme Court Cases, published by AALS and ALI-ABA.

    Contributor, Dedication to Gustave Harrow in Symposium of Law and the Visual Arts, NOVA LAW REVIEW, volume 14, number 2.

    Contributor, Panel Discussion on Judge Noonan 's Presentation in Courts and American Society: A Symposium on the Bicentennial of the Federal Judiciary Act of 1789, NOVA LAW REVIEW, volume 14, number 1. 

    Contributor, Stripping Away the Fictions: Interview with Mr. Justice Arthur J. Goldberg, NOVA LAW JOURNAL, volume 6, number 3.

     

  • Selected Significant Cases

    Cooke Center for Learning and Development v. Mills, 19 A.D.3d 834, 797 N.Y.S.2d 173 (3d Dep't  2005). Upheld as rational Dept. of Education's interpretation of its regulations to mandate that disabled school children be educated, if possible, in their local public schools.


    New York State Ass'n of Nurse Anesthetists v. Novello, 2 N.Y.2d 207, 810 N.E.2d 405, 778 N.Y.S.2d 123 (2004).Successfully defended Dept. of Health Guidelines for Office Based Surgery against claim that they would operate as regulations and therefore were not lawfully promulgated.


    Madison-Oneida Board of Coop. Educ. Servs. v. Mills, 4 N.Y.3d 51, 823 N.E.2d 1265, 790 N.Y.S.2d 619 (2004).Upheld the Commissioner of Education's interpretation of the Education Law to give seniority protection to tenured teaching assistants.


    New York State Ass'n of Cemeteries, Inc. v. Fishman, 2004 WL 2712405 (2d Cir. 2004). Upheld constitutionality of state statute prohibiting combinations of for-profit funeral entities and not-for-profit cemeteries to protect the long-term viability of the cemeteries and to protect consumers from unfair practices.             


    Employment Relations Board v. Christ the King Reg'l High School, 217 A.D.2d 701, 630 N.Y.S.2d 333 (2d Dep't 1995).Upheld the constitutionality of applying the State Labor Relations Act to the lay teachers at church-affiliated schools.


    New York State Society of Surgeons v. Axelrod, 77 N.Y.2d 677, 572 N.E.2d 605, 569 N.Y.S.2d 922 (1991).Upheld the Commissioner of Health's decision not to add HIV infection to the lists of communicable and sexually transmissible diseases and, thereby, not to have mandatory testing or contact tracing for HIV infection.


    State of New York v. Sullivan, 906 F.2d 910 (2d Cir. 1990).Affirmative class action invalidating the Social Security Administration's policy of relying exclusively on the treadmill exercise test in determining disability due to ischemic heart disease.  Class-wide relief was granted entitling class members to retroactive disability benefits totaling more than $65 million and saving New York's state and local governments approximately $11 million per year.


    Mullen v. Axelrod, 74 N.Y.2d 580, 549 N.E.2d 144, 549 N.Y.S.2d 953 (1989).Upheld the Commissioner of Health's discretion to determine whether to proceed with disciplinary action against nursing home employees.


    City of New York v. New St. Mark's Baths, 122 A.D.2d 747, 505 N.Y.S.2d 1015 (1st Dep't 1986),appeal dismissed, 70 N.Y.2d 693, 512 N.E.2d 555, 518 N.Y.S.2d 1029 (1987).Upheld the constitutionality of the state health regulation authorizing the closure of establishments where "high risk sexual activity" is taking place.


    Catholic High School Ass'n v. Culvert, 753 F.2d 1161 (2d Cir. 1985).Landmark decision upholding the constitutionality of applying the State Labor Relations Act to lay teachers at church-operated schools.


    General Camera Corp. v. Urban Dev. Corp., 734 F.2d 468 (2d Cir. 1984).Upheld granting attorney's fees to the state under 42 U.S.C. Section 1988 for having to defend frivolous lawsuits.


    Sheepshead Nursing Home v. Heckler, 595 F. Supp. 992 (S.D.N.Y. 1984).Upheld the termination of Medicaid and Medicare payments to a nursing home based on the inadequate care and treatment given to the patients.


    New York State Optometric Ass'n v. Blum, 92 A.D.2d 526, 460 N.Y.S.2d 482 (1st Dep't 1983).Dismissed Article 78 proceeding challenging fifteen year old Medicaid fee schedule applied to optometrists.


    Committee to Abolish Sport Hunting, Inc. v. Palisades Interstate Park Comm'n, 84 A.D.2d 798, 444 N.Y.S.2d 161 (2d Dep't 1981).Upheld legality of deer hunt conducted for environmental reasons in Harriman State Park.

  • Selected Talks

    The Scholar’s Agenda
    Breakfast Panel at the Association of American Law Schools (AALS) Section on Minority Groups at the AALS Workshop for New Law School, 22 June 2013

    Alternatives to Isolated Confinement in New York State
    Panel on Organizing Against Solitary Confinement in the Era of Mass Incarceration, Campaign for Alternatives to Isolated Confinement (CAIR), Left Forum 2013. Pace University, 6-8 June 2013

    Aesthetics of Racism
    Senior Commentator - 2013 Law and Humanities Junior Scholar Workshop. Center for Law, History & Culture, Columbia Law School, and UCLA School of Law, invited to comment on winning papers written by senior graduate students and untenured faculty on topics in law and the humanities. Georgetown University Law School, the University of Southern California, 3-4 June 2013

    Cultural Intelligence
    Invited to lecture on the subject of "Culture" at a meeting of the Boston College Alumni Association, Boston College Law School, 3 November 2012

    Scholarship
    Northeast People of Color Legal Scholarship Conference (NEPOC). Suffolk University School of Law, 25-27 October 2012

    Children's Literature & the Law
    Continuing Legal Education: Literature and the Law. Hampton Inn & Suites, Saratoga Springs, NY, 19 October 2012

    Rainbow Signs: Jurisprudence as Eschatology
    Faculty Colloquium. Albany Law School, 10 October 2012

    The Spaceship & the Cross
    Symposium:  the Arc of Justice: The Life and Thought of Derrick Bell, part of the Rainbow Signs double panel that I organized. Western New England University School of Law, 28 September 2012

    Critical Race Theory Workshop
    Organized Critical Race Theory Workshop on Derrick Bell's Constitutional Law Scholarship. Albany Law School, 27 September 2012

    "Planes of blatant impossibility": Law, Order and 3rd World Possibilities in Lord of the Flies
    Law & Literature Conference on Lord of the Flies. Howard Law School, Washington, DC, 27 April 2012

    Comments on Address by Ben Jealous, NAACP President, on Trayvon Martin and Racial Profiling
    Albany Law School, 11 April 2012

    Hip Hop and the Critique of Political Economy
    Hip Hop and the American Constitution Lecture Series at Drexel Univerity's Earl Mack School of Law, 9 March 2012

    Prison Abolition
    Boston College Graduate Department of Sociology, 24 January 2012

    Keynote Address: The Beloved Community Begins at Home
    Martin Luther King Human Rights Speaker. Salt Lake Community College, Salt Lake City, UT, 22 January 2012

    Opening Doors, Making Diversity Matter in Law School Admissions
    BA to JD Pipeline Program Symposium. Hosted by Society of American Law Teachers and the St. John's School of Law, 11 November 2011

    Careers
    Exploring the American Family: Conference of Asian Pacific American Law Faculty (CAPALF) and Northeast People of Color Conference (NEPOC), panel on scholarly agendas for law professors. Hoftstra University Law School, 3-5 November 2011

    Keith Aoki’s Contributions to the Legal Academy
    Exploring the American Family: Conference of Asian Pacific American Law Faculty (CAPALF) and Northeast People of Color Conference (NEPOC).  This was a eulogy for my friend, Keith Aoki. Hoftstra Law School, 3-5 November 2011

    Emancipation
    40 Years after the Attica Uprising: “Looking Back, Looking Forward.” Baldy Center for Law and Public Policy, University of Buffalo Law School, 11-12 September 2011

    Keynote Address
    Northeast Black Law Students' Association Regional Convention. Syracuse, NY, 30 September 2010

    Critical Race Theory & Political Economy: Post-Racialism, Post-Marxism, and Other Fables of the Dispossession
    A Three-Panel stream organized for the National People of Color Scholarship Conference. Seton Hall University School of Law, 9-12 September 2010

    How to Become a Law Professor/Pipeline Program
    Third National People of Color Legal Scholarship Conference. Seton Hall University School of Law, 9-12 September 2010

    The Abolition of Punishment: Keynote Address
    The Day in Humanities, College of Liberal Arts and Sciences. University of Connecticut, 9 April 2010

    Abolition
    Philosophical Café & Department of Philosophy. Union College, 1 March 2010

    Keynote Address
    Invited to be the Martin Luther King Human Rights Speaker. Salt Lake Community College, Salt Lake City, UT, 19 January 2010

    Abolition: A Call for an Absolute End to the Prison
    Invited to speak on the occasion of the 10th anniversary of the publication of my article, "Thirteen Stories," in the Touro Law Review. Touro Law Center, 19 November 2009

    Keynote Address: Conferring with the Flowers
    Taking Oz Seriously: An International Law & Literature Conference on the Work of L. Frank Baum that I organized and hosted. Albany Law School, 13 November 2009

    Opening Address: America's New Class Warfare?
    Northeast People of Color Legal Scholarship Conference (NEPOC), Baldy Center for Law & Social Policy. University of Buffalo Law School, 23-24 October 2009

    The Jurisprudence of the Johnson-Forest Tendency

    Presentation at International Conference on the work of C.L.R James. University of Ottawa, Canada, 16-17 October 2009

    The Johnson-Forest Tendency: Concluding Plenary of the Critical Legal Conference 2009
    (w/ Costas Douzinas, Patricia Tuitt, Angus Macdonald, Adam Gearey) University of Leicester, United Kingdom, 13 September 2009

    Abolition: Faculty Colloquium
    Pace Law School, White Plains, NY, 9 March 2009

    Gangsta: Sarah Palin and Class Politics: The Evolution of Street Knowledge
    (with Cornel West) Hip Hop's Influence on Law and Culture. West Virginia University College of Law, 12-13 February 2009               

    Racism & the Law
    Robert M. Cover Retreat, Boston University Sargent Center for Outdoor Education. Peterborough, New Hampshire, 29 February - 2 March 2008

    Where Do We Go From Here: Chaos or Community?
    Office of Minority Student Affairs and Technology Entry Program (with activist Barbara Smith). Rensselaer Polytechnic Institute, 24 January 2008

    Keynote AddressSeasons in the Sun: Reflections on Race in 2008
    at the 10th Annual Dr. Martin Luther King Jr. Reflection and Commemoration at DePaul University College of Law. 21 January 2008

  • Streams of Tendency

    Streams of Tendency, Hein Cite
    "Streams of Tendency" On the New York Court: Ideological and Jurisprudential Patterns In the Judges' Voting and Opinions (W.S. Hein, 2003)
    Title Page
    [PDF]
    Table of Contents
    [PDF]
    STREAMS OF TENDENCY ON THE NEW YORK COURT may be ordered directly from the publisher, W. S. Hein
    Amazon
    Order and Review/s

  • The Lewis A. Swyer Lectures & Workshops

    The Lewis A. Swyer Lectures and Workshops is an academic support program created for the purpose of enhancing student success at Albany Law School through skills training. Swyer Lectures and Workshops are now offered from the first through the third semester, but may also be offered at the sixth semester and beyond.

    Swyer Lectu​res

    The Fall Swyer Lectures are about "how we learn" as well as "how to study" or "how to take an exam" and are interwoven throughout bi-weekly sessions held during the Fall semester. Faculty offer presentations on such topics as time management, effective reading, case briefing, note taking, legal reasoning, case analysis and synthesis, writing, stress management, study skills, and exam preparation.

    The Swyer Lectures are open to all first-year students.

    Swyer Worksh​ops

    The Swyer Workshops, like the Swyer Lectures, provide academic support through skills training but stress active learning as the means to academic achievement. Readings, discussions, and exer​cises focus on developing such skills as note taking, legal reasoning, case analysis and synthesis, outlining, and exam preparation. Workshops involve large and small group work as well as intensive one-on-one support by faculty and selected upper-class teaching assistants.. Workshop faculty and teaching assistants offer written feedback on exercises as well as individual meetings with students to address specific problems.

    The Workshops, offered in Spring semester to first-year students, are designed for those who, based on objective criteria and law school academic performance, could most benefit from skills training. Most strongly encouraged to attend are those whose law school academic experience has fallen below expectations. Others who may be invited include: students who have been out of the academic environment for several years; those whose academic or other backgrounds differ substantially from their classmates; and students for whom English is not their first language. Although participation in the Workshops is voluntary and does not carry academic credit, invitees are strongly encouraged to participate.

    The Workshops are also offered in Fall Semester for second-year students whose law school academic experience has fallen below expectations. The Fall Semester Workshops are linked to substantive courses and involve intensive one-on-one faculty support and small group sessions.​​​​​​​​

Bo​oks

 Books Content Query

  • Professor Breger and co-authors are in the process of submitting the 2014 Supplement to the NYDV, 3rd edition, their two-volume treatise.

  • Teacher's Manual to Accompany Fourth Edition of Federal Taxation of Estates, Trusts, and Gifts, LexisNexis, 2014 (Kenneth F. Joyce, co-author)

  • Federal Taxation of Estates, Trusts, and Gifts, Fourth Edition, LexisNexis, June 2014

  • NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., Breger, Kennedy, Zuccardy & Elkins (Thomson-Reuters-West)papers.cfm

  • Disability Law and Practice: Special Education, Assistive Technology and Vocational Rehabilitation, New York State Bar Association, Co-Editor (with Simeon Goldman) (Vol. 1, 2013)

  • Chopped Herring and the Making of the American Kosher Certification System, Jewish Review of Books (Spring 2013)

  • Kosher: Private Regulation in the Age of Industrial Food

    KOSHER: PRIVATE REGULATION IN THE AGE OF INDUSTRIAL FOOD, (Harvard University Press, 2013)0674072936

  • From Cape Town to Kabul

    From Cape Town to Kabul: Rethinking Strategies for Pursuing Women's Human Rights (Ashgate, 2012)0754679969

  • CONGRESS AND THE CRISIS OF THE 1850s. Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2012

  • The Appeasement of 1850, in CONGRESS AND THE CRISIS OF THE 1850’s (Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2012): 36-79

  • Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio (Co-edited with Roberta Sue Alexander, Ohio University Press, 2012)

  • BLOOM AND LAPIANA, DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS, 4th ed. (LexisNexis) (2012)

  • GREENING LOCAL GOVERNMENT: LEGAL STRATEGIES FOR PROMOTING SUSTAINABILITY, EFFICIENCY AND FISCAL SAVINGS, Keith H. Hirokawa and Patricia Salkin, eds. American Bar Association, 2012)

  • 2013 SUPPLEMENT TO THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 4th ed., Wolters Kluwer (2012)

  • Pension and Employee Benefit Statutes and Regulations, (2012 Edition, Foundation Press)

  • FUNDAMENTALS OF TRUSTS AND ESTATES, 4th ed. (LexisNexis, 2012)(with Anderson)

  • Social Security and Medicare Answer Book, 4th Ed., Wolters, Kluwer (2011)

  • A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES. Co-Authored with Melvin I. Urofsky. 2 vols. 3rd edition. New York: Oxford University Press, 2011.

  • IN THE SHADOW OF FREEDOM: THE POLITICS OF SLAVERY IN THE NATIONAL CAPITAL. Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2011

  • Constitutional Law in Context, Third Edition, by Michael Kent Curtis, J. Wilson Parker, Davison M. Douglas, Paul Finkelman, William G. Ross (Carolina Academic Press, 2011)

  • AMERICAN LEGAL HISTORY: CASES AND MATERIALS. Co-authored with James W. Ely, Jr., (New York: Oxford University Press, 2011). 4th edition

  • PROBLEMS AND SIMULATIONS IN EVIDENCE, 4th ed. (LexisNexis, 2010)

  • CONSTITUTIONAL CRIMINAL PROCEDURE, 4th ed. (Foundation Press, 2010) (with Taslitz and Paris)

  • THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES ON RACE AND LAW. Co-edited with David Thomas Konig and Christopher Alan Bracey. Athens: Ohio University Press, 2010.

  • A BRIEF NARRATIVE OF THE CASE AND TRYAL OF JOHN PETER ZENGER. Boston: Bedford Books, 2010

  • Cost Credit Cover

    THE COST OF CREDIT: REGULATION, PREEMPTION, AND INDUSTRY ABUSES (National Consumer Law Center): 1997-1999 Supplements; 2000 2d edition, 2005 3d edition, the 2001-2008 Supplements, and 2009 4th edition (co-author: Kathleen Keest)

  • 2010 SUPPLEMENT TO THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 3rd ed. (Aspen 2009)

  • MILESTONE DOCUMENTS IN AFRICAN AMERICAN HISTORY: EXPLORING THE PRIMARY SOURCES OF NOTABLE AMERICANS. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, 2010

  • THE POLITICAL LINCOLN: AN ENCYCLOPEDIA. Co-edited with Martin J. Hershock. Washington, DC: CQ Press, 2009

  • ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, 1896 TO THE PRESENT: FROM THE AGE OF SEGREGATION TO THE TWENTY-FIRST CENTURY. Editor-in-Chief. 5 vols. New York: Oxford University Press, 2009

  • ENCYCLOPEDIA OF UNITED STATES INDIAN POLICY AND LAW. Co-edited with Tim Alan Garrison. 2 vols. Washington, DC: CQ Press, 2009

  • Foreword, PIONEERING WOMEN LAWYERS (P. Salkin, editor, ABA 2008)

  • TRUTH IN LENDING (National Consumer Law Center): 1997 and 1998 Supplements; 1999 4th edition, the 2003 5th edition, 2007 6th edition, and the 2008 Supplement (co-author: Kathleen Keest)

  • CONGRESS AND THE EMERGENCE OF SECTIONALISM: FROM THE MISSOURI COMPROMISE TO THE AGE OF JACKSON. Co-edited with Donald R. Kennon. Athens, Ohio: Ohio University Press, 2008

  • SPECIAL EDUCATION LAW, 3rd ed. (Carolina Academic Press, 2008) (with Thomas F. Guernsey)

  • TERRORISM, GOVERNMENT, AND LAW: NATIONAL AUTHORITY AND LOCAL AUTONOMY IN THE WAR ON TERROR. Co-edited with Susan N. Herman. Westport, CN: Praeger Security International, 2008

  • Holding Bishops Accountable

    HOLDING BISHOPS ACCOUNTABLE: HOW LAWSUITS HELPED THE CATHOLIC CHURCH CONFRONT CLERGY SEXUAL ABUSE, (Harvard University Press, 2008)0674028104

  • THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 3rd ed. (Aspen, 2008)

  • LANDMARK DECISIONS OF THE UNITED STATES SUPREME COURT. 2nd Edition. With Melvin I. Urofsky. Washington, DC: CQ Press, 2008.

  • CONSTITUTIONAL CRIMINAL PROCEDURE 3rd ed. (FOUNDATION PRESS, 2007) (with Taslitz and Paris)

  • STOP PREDATORY LENDING: A GUIDE FOR LEGAL ADVOCATES (National Consumer Law Center) 2002 & 2d ed. 2007 (co-author: Alys Cohen)

  • FORECLOSURE PREVENTION COUNSELING: PRESERVING THE AMERICAN DREAM (National Consumer Law Center, 2007) (co-author: Odette Williamson)

  • NEW YORK LAW OF DOMESTIC VIOLENCE 2nd ed., (Thomson-West, 2007) (with Judge Lee Elkins and Jane Fosbinder)papers.cfm

  • TEACHER’S GUIDE for FUNDAMENTALS OF TRUSTS AND ESTATES, 3rd ed. (Lexis Publishing, Spring 2007) (with Andersen)

  • DOCUMENTS OF AMERICAN CONSTITUTIONAL AND LEGAL HISTORY. Co-edited with Melvin I. Urofsky. 2 vols. 3rd edition. New York: Oxford, 2008

  • ENCYCLOPEDIA OF AMERICAN CIVIL LIBERTIES. Editor-in-Chief. 3 vols. New York: Routledge, 2006

  • THE HISTORY OF MICHIGAN LAW. Co-edited with Martin J. Hershock. Athens, Ohio: Ohio University Press, 2006. Recipient of Annual Book Award from the Michigan Historical Society, 2007; Designated a Michigan Notable Book for 2007 by the Library of Michigan

  • THE ENCYCLOPEDIA OF THE NEW AMERICAN NATION. Editor-in-Chief. 3 vols. Detroit: Charles Scribners Sons/Gale, 2006

  • CONSTITUTIONAL LAW IN CONTEXT. With Michael Kent Curtis, J. Wilson Parker and Davison M. Douglas. 2 vols. 2nd ed., Durham, NC: Carolina Academic Press, 2006

  • Jurisprudence

    JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, 2nd ed. (LexisNexis Matthew Bender Publishing, 2006) (with Stephen E. Gottlieb, Brian Bix, and Robin L. West) http://www.amazon.com/Jurisprudence-Cases-Materials-Introduction-Applications/dp/0820562343/

  • ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, 1619-1895: FROM THE COLONIAL PERIOD TO THE AGE OF FREDERICK DOUGLASS. Editor-in-Chief. 3 vols. New York: Oxford University Press, 2006

  • Suing the Gun Industry

    Editor, SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL AND MASS TORTS, (University of Michigan Press, 2005)0472032119

  • TERRIBLE SWIFT SWORD: THE LEGACY OF JOHN BROWN. Co-edited with Peggy A. Russo. Athens, Ohio: Ohio University Press, 2005

  • AMERICAN LEGAL HISTORY: CASES AND MATERIALS. With Kermit L. Hall and James W. Ely, Jr. New York: Oxford University Press, 3rd ed. 2005

  • Seattle University School of Law Style Guide, Seattle University School of Law, Seattle University, Seattle, WA, 2002-2004

  • ENCYCLOPEDIA OF THE HARLEM RENAISSANCE. Co-edited with Cary D. Wintz. 2 vols. New York: Routledge, 2004

  • 2004 Supplement to THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 2nd ed., (Aspen, 2003) (with Sean Hornbeck)

  • "STREAMS OF TENDENCY" ON THE NEW YORK COURT: IDEOLOGICAL AND JURISPRUDENTIAL PATTERNS IN THE JUDGES' VOTING AND OPINIONS (Wm.S. Hein, 2003)

  • THE LIBRARY OF CONGRESS CIVIL WAR DESK REFERENCE. Co-edited with Margaret Wagner and Gary W. Gallagher. New York: Simon and Schuster, 2002

  • 2002 Update to NO FAULT CASE HANDBOOK (New York State Bar Association)

  • THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 2nd ed., (Panel, 2002) (with Sean Hornbeck)

  • Update to Chapter 13: Retirement Plans, in NEW YORK ELDER LAW (PLI, 2002)

  • 2002 Supplement, THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK (Panel Publishers, 2002) (with Hornbeck)

  • Script Editor, "Lexis Training for First Year Law Students," Howard University School of Law, Washington, DC, January 2002

  • A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES. With Melvin I. Urofsky. 2 vols. New York: Oxford, 2002

  • 2001 Supplement THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK (Panel Publishers, 2001) (with Sean Hornbeck)

  • SLAVERY AND THE FOUNDERS: RACE AND LIBERTY IN THE AGE OF JEFFERSON. 2nd ed., Armonk, NY: M.E. Sharpe, 2001

  • THE ENCYCLOPEDIA OF AMERICAN POLITICAL HISTORY. Co-edited with Peter Wallenstein. Washington, DC: Congressional Quarterly Press, 2001

  • ENCYCLOPEDIA OF THE UNITED STATES IN THE NINETEENTH CENTURY. 3 Vols. Editor-in-Chief. New York: Charles Scribner's Sons, 2001

  • MORALITY IMPOSED: THE REHNQUIST COURT AND LIBERTY IN AMERICA (New York University Press, 2000)papers.cfm

  • IMPEACHABLE OFFENSES: A DOCUMENTARY HISTORY FROM 1787 TO THE PRESENT. With Emily Van Tassel. Washington, DC: Congressional Quarterly Press, 1998.

  • THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK (Aspen Publishers) (2000) (with Sean Hornbeck)

  • RELIGION AND AMERICAN LAW: AN ENCYCLOPEDIA. Editor. New York: Garland, 2000

  • MACMILLAN ENCYCLOPEDIA OF WORLD SLAVERY. 2 Vols. Co-edited with Joseph C. Miller. New York: Macmillan, 1998.

  • Contributor, HISTORICAL DICTIONARY OF AMERICAN RADIO Godfrey & Leigh (Greenwood Publ. 1998)

  • DRED SCOTT V. SANDFORD: A BRIEF HISTORY WITH DOCUMENTS. Boston: Bedford Books, 1997

  • NO FAULT CASE HANDBOOK (New York State Bar Association, 1996)

  • PROBLEMS AND SIMULATIONS IN EVIDENCE 2nd ed. (Anderson Publishing Co., 1995)

  • Editor, NEW YORK LITIGATION FORMS (Lawyers Cooperative Publishing Co., 1995) (with eds. Kevin J. English, Barry G. Saretsky, et al.)

  • BASEBALL AND THE AMERICAN LEGAL MIND. With Spencer Waller and Neil Cohen. New York: Garland, 1995

  • JURISPRUDENCE: CASES AND MATERIALS (Charlottesville, Virginia: The Michie Company, 1993)

  • SPECIAL EDUCATION LAW (Carolina Academic Press, 1993) (with Kathe Klare)

  • Contributor, THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (Kermit Hall, ed., Oxford University Press, 1992)

  • RACE AND LAW IN AMERICAN HISTORY: LEADING ARTICLES. Editor and author of Introductions. 11 vols. (Garland, 1992)

  • TOWARD A USABLE PAST: LIBERTY UNDER STATE CONSTITUTIONS. Co-Edited with Stephen Gottlieb. Athens, GA: University of Georgia Press, 1991

  • Significant Issues in Health Care Decision Making in HEALTH CARE PROXIES, POWERS OF ATTORNEY, AND LIVING WILLS: MAKING HEALTH CARE DECISIONS, A SATELLITE PROGRAM (David C. Callahan and Peter J Strauss, Co-Chairmen) (Practising Law Institute, 1991)

  • TOWARD A USABLE PAST, (editor, with Paul Finkelman) (University of Georgia Press, 1991)

  • Westlaw Bankruptcy Research Manual, 1990

  • SLAVERY, RACE, AND THE AMERICAN LEGAL SYSTEM, 1700-1872. Editor and author of introductions. 16 vols. (Garland, 1988). (Reprint, Lawbook Exchange, 2007)

  • THE LAW OF FREEDOM AND BONDAGE: A CASEBOOK. Dobbs Ferry, NY: Oceana Press and NYU School of Law, 1986

  • SLAVERY IN THE COURTROOM. Washington, DC: Library of Congress, 1985.

  • AN IMPERFECT UNION: SLAVERY, FEDERALISM, AND COMITY. Chapel Hill, NC: University of North Carolina Press, 1981. Reprint, Law Book Exchange, 2001

  • MONOPOLIES AND MERGERS: CASES AND MATERIALS (1981)

  • Editor-in-Chief, MODEL JURY CHARGES IN BUSINESS TORT CASES, (ABA, 1981)

  • TEXAS REAL ESTATE LAW (Southwest Publishing Co., 1982) (with K. Stanberry)

  • Co-editor, THE CAMBRIDGE DICTIONARY OF BIOETHICS (Cambridge University Press, forthcoming) (co-edited with Laurence McCullough and Robert Baker) (forthcoming)

  • FEDERAL TAXATION OF TRUSTS AND GIFTS, 3rd ed. (LexisNexis, 2002) (with Solomon, Gaubatz, and Boyle)
     

  • FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS, 2nd ed.,
    (Matthew Bender, 1998) (with Boyle, Gaubatz and Solomon)

  • TEACHER'S MANUAL to accompany ESSENTIALS OF TRUSTS AND ESTATES (with Andersen, Gaubatz, and Solomon) (Matthew Bender, 1996)

  • TEACHER'S UPDATE for TEACHER'S MANUAL to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1990)
     

  • TEACHER'S MANUAL, to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1989)
     

  • ESTATES, TRUSTS AND TAXES: CASES AND MATERIALS ON THE WEALTH TRANSMISSION PROCESS (with Gaubatz) (Matthew Bender, 1983)

  • Practice and Procedure in the U.S. Tax Court (2012)

     

Publications

  • Co-authored article "Towards Engaged Scholarship."

  • Professor Hirokawa co-authored "The Most Important Research Questions Regarding Urban Ecosystem Services."

  • Professor Breger and co-authors are in the process of submitting the 2014 Supplement to the NYDV, 3rd edition, their two-volume treatise.

  • Professor Ouellette co-authored with a team of researchers from the University of Michigan, a empirical piece assessing ADA compliance of technical standards for admission to U.S. medical schools. She and the rest of the research team will be presenting their results at the AAFP annual meeting.

  • Professor Kearns is a contributing editor to the 6th edition of Effectively Represending Your Client Before the IRS, an American Bar Association publication.

  • Government Budgets As The Hunger Games: The Brutal Competition For State and Local Government Resources Given Municipal Securites Debt, Pension and OBEP Obligations, And Taxpayer Needs, 33 Review of Banking and Financial Law 663 (2014)papers.cfm

  • Zombieland/the Detroit Bankruptcy: Why Debts Associated with Pensions, Benefits, and Municipal Securities Never Die... and How They Are Killing Cities Like Detroit, 41 Fordham Urban Law Journal 771 (2014)

  • Professor Heverly is working on an amicus brief with help from students from the pro bono program in a U.S. national security whistle-blower case in the U.S. Supreme Court.

  • 252 (no. 38) New York Law Journal (Lead Article to Special Section on Court of Appeals and Appellate Practice) S2

  • 2014 Supplement to Fundamentals of Trusts and Estates, 4th ed., LexisNexis 2012 (Roger W. Anderson, co-author)

  • 252 (no. 13) New York Law Journal

  • Teacher's Manual to Accompany Fourth Edition of Federal Taxation of Estates, Trusts, and Gifts, LexisNexis, 2014 (Kenneth F. Joyce, co-author)

  • Impact of Supreme Court Decisions on New York Practice, New York Law Journal (June 18, 2014)

  • 251 (no. 116) New York Law Journal

  • Federal Taxation of Estates, Trusts, and Gifts, Fourth Edition, LexisNexis, June 2014

  • January 2013, July 2013, January 2014 and July 2014 Supplements to Siegel, New York Practice (5th Ed. 2011; West; also available on Westlaw)

  • Genetics, Race and Substantive Due Process, 20 Washington and Lee Journal of Civil Rights and Social Justice 341 (2014)

  • From Kate Stoneman to Kate Stoneman Chair, Katheryn D. Katz: Feminist Waves and the First Domestic Violence Course at a United States Law School, Albany Law Review 77 (2014)

  • Oversight in Private Food Safety Auditing: Addressing Auditor Conflict of Interest, WISCONSIN LAW REVIEW (2014) (with Lesley McAllister)

  • Jewish Foodways and Religious Self-Governance in America: The Failure of Communal Kashrus Regulation and the Rise of Private Kosher Certification, 104 JEWISH QUARTERLY REVIEW (2014)

  • Moving Beyond the Battle over Eco-Kosher: Kosher Certification as a Model (Not a Means) for Ethical Food Labeling, Just Balances, Just Weights: Essays on Jewish Business Ethics in a Modern World (2014)

  • SWEAT THE SMALL STUFF!, 251 (no. 14) New York Law Journal (January 22, 2014)

  • Competitive Third Party Regulation: How Private Certification Can Overcome Constraints that Frustrate Government Regulation, forthcoming 15 THEORETICAL INQUIRIES IN LAW 539 (2014)papers.cfm

  • "The Origins of Colorism in Early American Law" in Kimberly Jade Norwood, ed., Color Matters: Skin Tone Bias and the Myth of a Post-Racial America (New York and London: Routledge, 2014) 29-43

  • Revitalizing Informed Consent and Protecting Patient Autonomy: An Appeal to Abandon Objective Causation, 64 Oklahoma Law Review 697 (2012)papers.cfm

  • The Union of Contraceptive Services and the Affordable Care Act Gives Birth to First Amendment Concerns, 23 Albany Law Journal of Science and Technology 539 (2013)sitemanager.aspx

  • 2013 Supplementary Practice Commentaries, CPLR Article22, Stay, Motions, Orders and Mandates; CPLR Article 23, Subpoenas, CPLR Oaths and Affirmations; CPLR Article 30, Remedies and Pleadings, CPLR Article 31: Disclosure, McKINNEY’S CONSOLIDATED LAWS OF NEW YORK (also available on Westlaw).

  • Review: "Francis Lieber and the Modern Law of War," University of Chicago Law Review, forthcoming

  • 2013 Supplementary Practice Commentaries on New York Surrogate’s Court Procedure Act, Articles 1, 2, 3, 5, 6 MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK (also available on Westlaw).

  • Kosher Certification as a Model of Private Regulation: Third-Party Certification has Benefits Over Both Government Regulation and Unregulated Markets, 36 REGULATION 24 (2013)regv36n3-4n.pdf

  • NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., Breger, Kennedy, Zuccardy & Elkins (Thomson-Reuters-West)papers.cfm

  • The Best of New York's Court of Appeals, New York Law Journal, October 2013

  • For Treasury Charity Starts at Home: Treasury’s New Interpretation of the Fiduciary Income Tax Charitable Deduction, 33 Va. Tax Rev. XXX (2013)

  • The Politics of Procedure: An Empirical Analysis of Motion Practice in Civil Rights Litigation under the New Plausibility Standard, Akron Law Review (forthcoming)papers.cfm

  • The CPLR Turns 50! Taking Stock of Good, Bad and Ugly, N.Y.L.J., Sept. 11, 2013, at 3, col. 1.

  • Notable Opinions Include Application of CPLR in Contract Disputes, N.Y.L.J., Aug. 26, 2013, S2 (Lead Article to NYLJ Special Section on Court of Appeals and Appellate Practice)

  • New York Practice (5th ed), July 2013 Supplement (West)January 2013, July 2013, January 2014 and July 2014 Supplements to Siegel, New York Practice (5th Ed. 2011; West; also available on Westlaw)

  • Ethical Issues in Representing Clients with Diminished Capacity, chapter 1 in Disability Law and Practice: Special Education, Assistive Technology and Vocational Rehabilitation (New York State Bar Association, 2013).

  • Disability Law: Internet Research and Resources, chapter 8 in Disability Law and Practice: Special Education, Assistive Technology and Vocational Rehabilitation (New York State Bar Association, 2013).

  • Disability Law and Practice: Special Education, Assistive Technology and Vocational Rehabilitation, New York State Bar Association, Co-Editor (with Simeon Goldman) (Vol. 1, 2013)

  • Chapter: States' Rights, Southern Hypocrisy, and the Crisis of the Union, UNION & STATES' RIGHTS: A HISTORY AND INTERPRETATION OF INTERPOSITION, NULLIFICATION, AND SECESSION 150 YEARS AFTER SUMTER, Neil H. Cogan, editor (Law & Legal Thought Across Disciplines Published in Cooperation with The University of Akron School of Law)(2013)

  • Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb?, 4 Wm. & Mary Bus. L. Rev. 111 (2013)papers.cfm

  • Is it Time for Real Reform?: NYSBA’s 20 Years of Examining the Bar Exam (co-authored with Kim Diana Connolly) 85 NYSBA Journal 31-33 (September 2013)

  • Lack of Detained Parents’ Access to the Family Justice System and the Unjust Severance of the Parent-Child Relationship (Summer 2013, The Family Law Quarterly – a journal of the American Bar Association Family Law Section)

  • Use of Convictions to Impeach in a Civil Action, New York Law Journal (July 30, 2013)PubArticleNY.jsp

  • Albany Law School’s Civil Rights and Disabilities Law Clinic: Thirty Years of Education and Experience, Government Law and Policy Review Journal, (with Bridgit Burke) Winter 2012.

  • Design, Teach and Manage: Ensuring Educational Integrity in Field Placement Courses, 19 CLIN. L. REV. 115 (2012) (with Liz Ryan Cole)

  • An Innovation in Continuing Medical Education: Online, Remedial Education for Physicians Following a Professional Violation or Incident, 18 NYSBA Health Law Journal 36 (Spring/Summer 2013) (with Dr. Wayne Shelton and Dr. Bruce White)

  • Review, The Tribunal: Responses to John Brown and the Harpers Ferry Raid, THE FEDERAL LAWYER, July 2013

  • Chapter: "The Coming of the Emancipation Proclamation" in The New York Times: Disunion, a collection of 106 articles from The New York Times Opinionator blog edited by Ted Widmer with Clay Risen and George Kalogerakis.

  • Slavery's Constitution: The Creation of America's Covenant with Death in IS THE AMERICAN CONSTITUTION OBSOLETE? (ed. Thomas J. Main) (Carolina Academic Press 2013)

  • Timing of Expert Disclosure in Context of Summary Judgement Motions, New York Law Journal (May 20, 2013)PubArticleNY.jsp

  • Chopped Herring and the Making of the American Kosher Certification System, Jewish Review of Books (Spring 2013)

  • The Angel of the Tenderloin, 36 Notre Dame Review(Summer/Fall 2013), pp. 6-16.redwood.pdf

  • Revised Chapter 14: “Marital Deduction” in DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS (LexisNexis Matthew Bender, to be published in Spring 2013, with William LaPiana)

  • Transforming Our Cultural Norms and Deconstructing Sexual Violence against Women, Albany Law School Research Paper No. 4 for 2013-2014papers.cfm

  • "Law School Clinics in the Community" chapter in Town and Gown: Legal Strategies for Effective Collaboration (co-editors Cynthia Baker and Patricial Salkin, published by the ABA Section of State and Local Government Law)

  • The Community Reinvestment Act: Guilty, but Not as Charged, Albany Law School Research Paper forthcoming (2013)papers.cfm

  • KOSHER: PRIVATE REGULATION IN THE AGE OF INDUSTRIAL FOOD, (Harvard University Press, 2013)0674072936

  • How the Proslavery Constitution Led to the Civil War, 43 Rutgers Law Journal 405 (2013)

  • Can Comparative Fault Stop the Train Known as Summary Judgment?, New York Law Journal (January 16, 2013)

  • “I Could Not Afford to Hang a Man For Votes”: Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons, 39 William Mitchell Law Review 405-449 (2013)

  • Scoring the Banks: Building a Behaviorally Informed Community Impact Report Card For Financial Institutions, 18 Fordham Journal of Corporate and Financial Law 339 (2013) (with Sonia Steinway)papers.cfm

  • From Cape Town to Kabul: Rethinking Strategies for Pursuing Women's Human Rights (Ashgate, 2012)0754679969

  • When the Stars Begin to Fall: Introduction to Symposium on Critical Race Theory, 1 Columbia Journal of Race and Law 226 (2012)

  • Repairing the Extended School Year Regression Standard in New York to Individualize the Need for Special Education Services, Vol. 14, No. 2, NYSBA Government, Law & Policy Journal (Winter 2012)

  • Citizenship as Accumulated Racial Capital, 1 Columbia Journal of Race and Law 313 (2012)

  • Refreshing Recollection Doctrine Revisited, New York Law Journal (Dec. 6, 2012)

  • The (In)Visibility of Gender and Motherhood in Family Court Proceedings, 36 NYU Review of Law & Social Change, 555, Fall 2012papers.cfm

  • FRANKLIN JOHNSON, THE DEVELOPMENT OF STATE LEGISLATION CONCERNING THE FREE NEGRO. Introduction to reprint edition. Clark, N.J.: The Lawbook Exchange, 2012

  • "Reflections on Transitions: An Essay on Learning How to Teach after Practicing Law", International Journal of Clinical Legal Education

  • Chapter: "From Slavery to Freedom in a Galaxy Far, Far Away" in Star Wars and History (ed. Nancy R. Reagin and Janice Liedl) (John Wiley and Sons, 2012) pp. 228-53

  • Signifying on Passing: (Post) Post-racialism, (Post) Post-modernism and Transformation, 1 Columbia Journal on Race and Law 482 (2012)

  • “Slavery,” co-authored with Seymour Drescher, Bardo Fassbender and Anne Peters, eds., The Oxford Handbook of the History of International Law (Oxford, Eng: Oxford University Press, 2012) pp. 890-917

  • Toleration and Diversity in New Netherland and the Duke's Colony: The Roots of America's First Disestablishment, in T. Jeremy Gunn and John Witte, Jr. eds., NO ESTABLISHMENT OF RELIGION: AMERICA'S ORIGINAL CONTRIBUTION TO RELIGIOUS LIBERTY (New York: Oxford University Press, 2012) 125-157

  • CONGRESS AND THE CRISIS OF THE 1850s. Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2012

  • The Appeasement of 1850, in CONGRESS AND THE CRISIS OF THE 1850’s (Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2012): 36-79

  • Slavery, co-authored with Seymour Drescher in, eds. THE OXFORD HANDBOOK OF THE HISTORY OF INTERNATIONAL LAW (eds. Bardo Fassbender and Anne Peters) (Oxford, Eng.: Oxford University Press, 2012), Chap. 37

  • The Supreme Court Has Spoken: Now What Should Employers Do About Their Group Health Plans?, ABA Tax Section Newsquarterly (Fall 2012)

  • Focus on ... the Required Minimum Distribution Rules, Journal of Pension Benefits, vol 20 no 1 (Autumn 2012)

  • Inadvertent Waiver of the Attorney/Client Privilege, New York Law Journal (Oct. 4, 2012)

  • Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio (Co-edited with Roberta Sue Alexander, Ohio University Press, 2012)

  • "Fact Investigation in Film", Clinical Legal Education Newsletter, Fall 2012, Volume 20, Issue 4

  • Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism, 1 Columbia Journal of Race and Law 499 (2012)

  • Slavery in the United States: Persons or Property? in THE LEGAL UNDERSTANDING OF SLAVERY FROM THE HISTORICAL TO THE CONTEMPORARY (ed. Jean Allain) (Oxford, Eng.: Oxford University Press, 2012), 105-134

  • 'Just One More Thing': Supplemental Submissions on Summary Judgment, 248 (no. 54) New York Law Journal (September 17, 2012)

  • Municipal Securities: The Crisis of State and Local Government Indebtedness, Systemic Costs of Low Default Rates, and Opportunities for Reform, 34 Cardozo Law Review 1455 (April 2013)papers.cfm

  • Introduction, Thirty Years of Lynching in the United States: 1889 - 1918 (NAACP, new edition, 2012)

  • Sameness/Difference, Human Rights Law, and the Political Meaning of Torture, 22 Berkeley La Raza Law Journal 257 (2012).

  • Exploring the Boundaries of Antidiscrimination Law and Equality in the Global Workplace, 21(1) Berkeley La Raza Law Journal 197 (2012).

  • Tackling the Interplay of the Web and the Long-Arm Statute, Among Other Issues, New York Law Journal (Aug. 27, 2012)

  • Scope of Waiver Effected by Disclosure of Attorney-Client Privileged Matter, New York Law Journal (Aug. 2, 2012)

  • Domesticating Due Diligence: Municipal Tort Litigation's Potential to Address Failed Enforcement of Orders of Protection, 21 American University Journal of Gender, Social Policy, and Law 101 (2013)Article on SSRN

  • Unintended and Unavoidable: The Failure to Protect Rule and Its Consequences for Undocumented Parents and their Children, Family Court Review, Vol. 50, pp. 580, 2012Article on SSRN

  • Critical Race Theory: Temporal Power, Symposium on Critical Race Theory, 1 Columbia Journal of Race and Law 247 (2012)

  • Revised Chapter 20: “Advanced Written Directives for Heath Care” in DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS (LexisNexis Matthew Bender, 2012, with William LaPiana)

  • Revised Chapter 9: "Powers of Appointment” in DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS (LexisNexis Matthew Bender, 2012, with William LaPiana)

  • Keith Aoki, 1955-2011 (Dedication), Symposium on Critical Race Theory, 1 Columbia Journal of Race and Law 247 (2012)

  • Integrity and Accountability in the Secondary Mortgage Market, Hamline Law Review (2012)

  • Contributions on Green Building and Ecosystem Services, in ACTING AS IF TOMORROW MATTERS: ACCELERATING THE TRANSITION TO SUSTAINABILITY, John C. Dernbach, ed. (2012, ELI)

  • Focus on ... New Proposed Regulations on Governmental Plans, Journal of Pension Benefits, vol 19 no 4 (Summer 2012)

  • Defining Slavery Under a 'Government Instituted for the Protection of the Rights of Mankind' 35 Hamline Law Review 551-590 (2012)

  • ​Coming to Terms with Dred Scott: A Response to Daniel A. Farber, 39 PEPPERDINE LAW REVIEW 495-74 (2012) papers.cfm

  • TEACHER'S MANUAL for FUNDAMENTALS OF TRUSTS AND ESTATES, 4th ed., (LexisNexis, 2012)(with Anderson)

  • BLOOM AND LAPIANA, DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS, 4th ed. (LexisNexis) (2012)

  • When Cities Sue: The Standing of Municipalities in Nuisance Litigation to Combat Climate Change, chapter in GREENING LOCAL GOVERNMENTS: LEGAL STRATEGIES FOR PROMOTING SUSTAINABILITY, EFFICIENCY, AND FISCAL SAVINGS, K. Hirokawa & P. Salkin, eds., American Bar Association, 2012 papers.cfm

  • The Iqbal Effect: The Impact of New Pleadings Standards in Employment and Housing Discrimination Litigation, 100 Kentucky Law Journal 235 (2012).papers.cfm

  • Crisis Management: Strategies for the Disposition of Federally Owned and Foreclosed Homes, 45 Indiana Law Review 305 (2012) (with Elizabeth A. Kelly and John Travis Marshall)papers.cfm

  • Sexual Expression and Intimacy Between Demented Nursing Home Residents: Balancing the Current Interests and Prior Values of Heterosexual and LGBT Residents, 21 Temple Political and Civil Rights Law Review 459 (2012); excerpt in BIOETHICS AND THE LAW, Janet L. Dolgin and Lois L. Shepherd, 2d ed., at 636 (Aspen Publishing 2013)papers.cfm

  • The Bitter Tears of Jesse Owens, 22 Berkeley La Raza Law Journal 231 (2012)

  • The Roots of Religious Freedom in Early America: Religous Toleration and Diversity in New Netherland and Colonial New York, 34 NANZAN REVIEW OF AMERICAN STUDIES 1-26 (2012)

  • Using Informed Consent to Reduce Preventable Medical Errors, 21 Annals of Health Law 11 (2012)papers.cfm

  • Death by Procedure: Lapses Could Deal Fatal Blow to Claims, Defenses, 247 (no.97) New York Law Journal (May 21, 2012)

  • Toward a More Equitable Balance: Homeowner and Purchaser Tensions in Non-Judicial Foreclosure States, 24 Loy. Consumer L. Rev. 562 (2012) abstract=2083795

  • Curtailing Ecosystem Exportation: Ecosystem Services as a Basis to Reconsider the Merits of Export-Driven Agriculture in Economies Highly Dependent on Agricultural Exports, 30 VIRGINIA ENVIRONMENTAL LAW JOURNAL 1 (2012) (with James Gathii)papers.cfm

  • Making Sense of a " Misunderstanding of the Planning Process": Examining the Relationship between Zoning and Rezoning Under the Change or Mistake Rule, 44 URBAN LAWYER 295 (2012)papers.cfm

  • From Euclid to the Development of Federal Environmental Law: The District Court for the Northern District of Ohio and the Regulation of Physical Space, in A HISTORY OF THE NORTHERN DISTRICT OF OHIO, Paul Finkelman and Roberta Alexander eds. (2012, Ohio University Press)From%20Euclid%20Chapter8.pdf

  • GREENING LOCAL GOVERNMENT: LEGAL STRATEGIES FOR PROMOTING SUSTAINABILITY, EFFICIENCY AND FISCAL SAVINGS, Keith H. Hirokawa and Patricia Salkin, eds. American Bar Association, 2012)

  • Urban Forests as Green Infrastructure, in GREENING LOCAL GOVERNMENT: LEGAL STRATEGIES FOR PROMOTING SUSTAINABILITY, EFFICIENCY AND FISCAL SAVINGS, Keith H. Hirokawa and Patricia Salkin, eds. (American Bar Association, 2012)papers.cfm

  • Sustainable Habitat Restoration: Fish, Farms, and Ecosystem Services, 23 FORDHAM ENVIRONMENTAL LAW REVIEW 1 (2012) (with Charles Gottlieb)papers.cfm

  • Driving Local Governments to Watershed Governance, 42 ENVIRONMENTAL LAW 157 (2012)papers.cfm

  • Sustainability and the Urban Forest: An Ecosystem Services Perspective, 51 Natural Resources Journal 233 (2012)papers.cfm

  • 2013 SUPPLEMENT TO THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 4th ed., Wolters Kluwer (2012)

  • Summary Plan Descriptions After Amara, The John Marshall Law Review (Spring 2012)

  • Pension and Employee Benefit Statutes and Regulations, (2012 Edition, Foundation Press)

  • Focus on ... the super committee, deficit reduction, and recent pension reform proposals, 19 (no.3) Journal of Pension Benefits (2012)

  • To Make or to Mar: The Supreme Court Turns Away Another Securities Law Plaintiff, 14 University of Pennsylvania Journal of Business Law 463 (2012)papers.cfm

  • The Summer Associate, 33 Notre Dame Review 42 (Winter/Spring 2012) papers.cfm

  • The Mirror Exercise - A Quick and Easy Method to Begin Discussing Race, Gender, Ethnicity, Age and Other Differences with Your Students, The Law Teacher (Spring 2012)papers.cfm

  • FUNDAMENTALS OF TRUSTS AND ESTATES, 4th ed. (LexisNexis, 2012)(with Anderson)

  • Disclosure of Electronically Stored Information From a Nonparty, 247 (no.14) New York Law Journal (January 23, 2012)

  • Disclosure of Electronically Stored Information From a Nonparty, 247 (no.14) New York Law Journal (January 23, 2012)papers.cfm

  • States' Rights, Southern Hypocrisy, and the Crisis of the Union, 45 Akron Law Review 449 (2012)papers.cfm

  • The Legal Implications of Green Policies by State and Local Government Employers, in GREENING LOCAL GOVERNMENT (Keith H. Hirokawa and Patricia Salkin, eds.) (2012, American Bar Association)

  • Trade Liberalization and Obstacles to Food Security: Toward a Sustainable Food Sovereignty, 43 University of Miami Inter-American Law Review 115 (2011)

  • Guest Worker Programs are No Fix for Our Broken Immigration System: Evidence from the Northern Mariana Islands, 41 New Mexico Law Review 131 (2011)​papers.cfm

  • Lexis/Nexis Skills and Values Series, Federal Income Tax co-author, Michelle Drumbl, Washington & Lee University (2011)

  • The Plea of Necessity Under International Customary Law: A Critical Review in Light of the Argentine Cases, co-authored with Avidan Kent, in EVOLUTION IN INVESTMENT TREATY LAW AND ARBITRATION (Kate Miles and Chester Brown, eds.) (Cambridge University Press, 2011)

  • Re-Vision Quest: A Law School Guide to Designing Experiential Courses Involving Real Lawyering, 56 New York Law School Law Review (2011, 2012) (with Maranville, Engler, Goldfarb and Kay)papers.cfm

  • Disclosure of Information on Social Networking Websites, 246 New York Law Journal 3, (September 20, 2011)papers.cfm

  • An Evaluation of Ten Concerns about Using Outcomes in Legal Education, 38 William Mitchell Law Review 976 (2011)papers.cfm

  • The Limits of RESPA: An Empirical Analysis of the Effects of Mortgage Cost Disclosures (co-author Jen Douglas), 21 Housing Policy Debate 481 (2011) abstract=1635841

  • Two Informative Opinions on "Forgiveness" Statute, Among Other Rulings from the New York Court of Appeals, 246 New York Law Journal: Special Section: Court of Appeals the Year in Review (August 22, 2011)papers.cfm

  • Revised Chapter 16: “Generation-Skipping Transfer Taxation” in DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS (LexisNexis Matthew Bender, 2011, with William LaPiana)

  • Challenging the (Un)Constitutionality of Governmental GPS Surveillance, 26(2) American Bar Association Criminal Justice Magazine (Summer 2011)papers.cfm

  • BIOETHICS AND DISABILITY: TOWARD A DISABILITY-CONSCIOUS BIOETHICS (Cambridge University Press, 2011).

  • Hearing the Deaf: Cochlear Implants, the Deaf Community, and Bioethical Analysis, 45 Valparaiso U. L. Rev. 1247 (2011) (invited submission for symposium issue)papers.cfm

  • KABOOM! The Explosion of Qui Tam False Claims Under the Health Reform Law, 116 Penn State Law Review 77 (2011)

  • Lien on Me: Virtual Debtors Prisons, the Practical Effects of Tax Liens and Proposals for Reform, 49 University of Louisville Law Review 341 (2011)papers.cfm

  • Leverage: State Enforcement Actions in the Wake of the Robo-Sign Scandal, 64 Maine Law Review 17 (2011)papers.cfm

  • Chapter 14, Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA in CURRENT ISSUES IN CONSTITUTIONAL LITIGATION (Carolina Academic Press, 2011)papers.cfm

  • Chapter 2: Jurisdiction with Respect to the Res in NICHOLS ON EMINENT DOMAIN, (Matthew Bender & Co., Inc., 2011)

  • Chapter 17: Right-of-Way Reservations in NICHOLS ON EMINENT DOMAIN, (Matthew Bender & Co., Inc., 2011)

  • Chapter 18: Condemnation Blight in NICHOLS ON EMINENT DOMAIN, (Matthew Bender & Co., Inc., 2011)

  • Chapter G7: Pretial Discovery in Eminent Domain in NICHOLS ON EMINENT DOMAIN, (Matthew Bender & Co., Inc., 2011)

  • Chapter G8: Trial Procedures and Techniques in NICHOLS ON EMINENT DOMAIN, (Matthew Bender & Co., Inc., 2011)

  • Chapter G9: Appellate Practice in NICHOLS ON EMINENT DOMAIN, (Matthew Bender & Co., Inc., 2011)

  • Chapter 15, The Eleventh Amendment in CURRENT ISSUES IN CONSTITUTIONAL LITIGATION (Carolina Academic Press, 2011)

  • Teaching from the Dirt: Best Practices and Land Use Law Pedagogy, 2 PACE ENVIRONMENTAL LAW REVIEW ONLINE COMPANION 68 (2011)papers.cfm

  • Sustaining Ecosystem Services through Local Environmental Law, 28 Pace Environmental Law Review 760 (Invited for Special Issue: Rediscovering Sustainable Development Law, 2011) (peer reviewed)papers.cfm

  • Three Stories about Nature: Property, the Environment, and Ecosystem Services 62 Mercer Law Review 541 (2011)papers.cfm

  • Property as Capture and Care, 74 Albany Law Review 175 (2011)papers.cfm

  • Disasters and Ecosystem Services Deprivation: From Cuyahoga to the Deepwater Horizon, 74 Albany Law Review 543 (2011)papers.cfm

  • Tort as a Litigation Lottery:A Misconceived Metaphor, 52 Boston College Law Review 267 (2011) (with Robert Rabin and Peter Schuck)Tort-as-Litigation-Lottery-BCLR.pdf

  • Please Watch Your Language!: The Chronic Problem of Assumption of Risk, 61(1) Catholic University Law Review 175 (2011)papers.cfm

  • Social Security and Medicare Answer Book, 4th Ed., Wolters, Kluwer (2011)

  • Focus on ... multiple employer retirement plans, 19 (no.1) Journal of Pension Benefits (2011)

  • Focus On ... hybrid pension plans under the new regulations, 18 (no.4) Journal of Pension Benefits (2011)papers.cfm

  • Focus on ... measuring service under retirement plans, 18 (no.3) Journal of Pension Benefits (2011)

  • Focus on ... state laws rush in where ERISA fears to tread, 18 (no.2) Journal of Pension Benefits (2011)papers.cfm

  • John Brown: America’s First Terrorist?, in 43 Prologue: Quarterly of the National Archives and Records Administration, 16-27 (Spring 2011)

  • Slavery, the Constitution, and the Origins of the Civil War, Organization of American Historians Magazine of History 2011 25: 14-18

  • A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES. Co-Authored with Melvin I. Urofsky. 2 vols. 3rd edition. New York: Oxford University Press, 2011.

  • The Cost of Compromise and the Covenant with Death, 38 Pepperdine Law Review 845-888 (2011)papers.cfm

  • Child Sexual Abuse: How to Move to a Balanced and Rational Approach to the Cases Everyone Abhors, 34 (3) American Journal of Trial Advocacy (Spring 2011)papers.cfm

  • IN THE SHADOW OF FREEDOM: THE POLITICS OF SLAVERY IN THE NATIONAL CAPITAL. Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2011

  • A Letter from Helane Davis, Director, Albany Law Magazine 9 (Spring 2011)

  • Evaluating Children's Competency to Testify: Developing a Rational Method to Assess a Young Child's Capacity to Offer Reliable Testimony in Cases Alleging Child Sex Abuse, 58 Cleveland State Law Review 575 (2011)papers.cfm

  • Inadvertent Disclosure: Rules Of Professional Conduct vs. Procedure, 245 (no.11) New York Law Journal (January 18, 2011)papers.cfm

  • Constitutional Law in Context, Third Edition, by Michael Kent Curtis, J. Wilson Parker, Davison M. Douglas, Paul Finkelman, William G. Ross (Carolina Academic Press, 2011)

  • Introduction to Chief Justice Marsha Ternus, 74 Albany Law Review: State Constitutional Commentary 1565 (2010/2011)

  • The Constitutional Parameters of New York State’s Domestic Workers Bill of Rights: Balancing the Rights of Workers and Employers, 74 Albany Law Review 1679 (2010/2011)

  • Wave of Corruption: Corruption Laws and Water Access, in WATER AND SOCIETY (Wessex Institute Press)papers.cfm

  • AMERICAN LEGAL HISTORY: CASES AND MATERIALS. Co-authored with James W. Ely, Jr., (New York: Oxford University Press, 2011). 4th edition

  • Introduction to Taking Oz Seriously, A Symposium on Law & Literature, 20 Southern California Interdisciplinary Law Journal 1 (2010)

  • Addressing Problems of Power in Field Placements, 17 Clinical Law Review 145 (2010) (with Robert Seibel)papers.cfm

  • PROBLEMS AND SIMULATIONS IN EVIDENCE, 4th ed. (LexisNexis, 2010)

  • Local Planning for Wind Power: Using Programmatic Environmental Impact Review to Facilitate Development, 33 Zoning and Planning Law Report 1 (Winter 2010) (with Andrew Wilson)papers.cfm

  • Citizens of the World, Proceedings of the 104th Annual Meeting of the American Society of International Law (2010)

  • Conferring with the Flowers: History and Class Consciousness in L. Frank Baum's Land of Oz, A General Theory of Magic and Law, 20 Southern California Interdisciplinary Law Journal 67 (2010)

  • The First Principles of Standing, 1 Columbia Journal on Race and Law 119 (2010)papers.cfm

  • CPLR 3216 Conditional Orders Requiring Disclosure 'Can't Get No Respect', 73 Albany Law Review 853 (2010)papers.cfm

  • Continuing Professional Development in Law Schools, 41 Toledo Law Review 291 (2010) (Symposium: Leadership in Legal Education)

  • From Lily Bart to the Boom Boom Room: How Wall Street's Social and Cultural Response to Women Has Shaped Securities Regulation, 33 Harvard Journal of Law & Gender 175 (Winter 2010)papers.cfm

  • Practice Commentaries, Article 22, Stay, Motions, Orders and Mandates; Article 23, Subpoenas, Oaths and Affirmations; and Article 30, Remedies and Pleading, MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK (Thomson Reuters) (October 2010)

  • "The Civil War, Emancipation, and the Thirteenth Amendment: Understanding Who Freed the Slaves" in, PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT, ed. Alexander Tsesis, Columbia University Press 2010.

  • United States Slave Law, in THE OXFORD HANDBOOK OF SLAVERY IN THE AMERICAS 424-446 (Robert L. Parquette and Mark M. Smith, eds.) (New York, NY: Oxford University Press, 2010)

  • A Second Bite at the Apple Under CPLR 205(a) Extension, 244 (no.56) New York Law Journal (September 20, 2010)papers.cfm

  • CONSTITUTIONAL CRIMINAL PROCEDURE, 4th ed. (Foundation Press, 2010) (with Taslitz and Paris)

  • "A Land that Needs People for its Increase": How the Jews Won the Right to Remain in New Netherland, in NEW ESSAYS IN AMERICAN JEWISH HISTORY 19-50 and 488-496 [notes] (Pamela S. Nadell, Jonathan D. Sarna, and Lance J. Sussman, eds.) (Cincinnati: American Jewish Archives of Hebrew Union College-Jewish Institute of Religion, 2010)

  • THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES ON RACE AND LAW. Co-edited with David Thomas Konig and Christopher Alan Bracey. Athens: Ohio University Press, 2010.

  • The Strange Career of Dred Scott: From Fort Armstrong to Guantanamo Bay, in THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES ON RACE AND LAW (Co-edited with David Thomas Konig and Christopher Alan Bracey) (Athens: Ohio University Press, 2010) 227-251

  • The Tao of Professionalism in BECOMING A COMPETENT PRACTITIONER, United Kingdom Center for Legal Education's Fifth Vocational Teachers Forum

  • Shaping Parental Authority Over Children's Bodies, 85 Indiana Law Journal 955 (2010)papers.cfm

  • Making Waves or Keeping the Calm?: Analyzing the Institutional Culture of Family Courts Through the Lens of Social Psychology Groupthink Theory, 34 Law & Psychol. Rev. 55 (2010)papers.cfm

  • Saving the Savings Clause: Advocating a Broader Reading of the Miller Test to Enable States to protect ERISA Health Plan Members by Regulating Insurance, 18 (no.1) George Mason Law Review 125 (2010)papers.cfm

  • The Cost of Inequality: Social Distance, Predatory Conduct, and the Financial Crisis, 66 NYU Annual Survey of American Law 641 (2010)papers.cfm

  • On Public Plaintiffs and Private Harms: the Standing of Municipalities in Climate Change, Firearms and Financial Crsis Litigation, 24 Notre Dame Journal of Law, Ethics and Public Policy 7 (2010)papers.cfm

  • Line in the Sand: Progressive Lawyering, 'Master Communities', and a Battle for Affordable Housing in New York City, 73 Albany Law Review 715 (2010) papers.cfm

  • Toward the Lippman Court: Flux and Transition at New York’s Court of Appeals, 73 Albany Law Review 889 (2010)

  • To the Stars Through Difficulties: The Legal Construction of Private Space in the Wizard of Oz, 20 Southern California Interdisciplinary Law Journal 135 (2010)

  • Snatching Defeat From the Jaws of Victory: Uniform Rule 202.48, 243 (no.93) New York Law Journal (May 17, 2010)papers.cfm

  • The Serial Comma: To Comma or Not to Comma?, Bench & Bar (KY), May 2010, at 102

  • Chapter 35, Moratoria, in AMERICAN LAW OF ZONING, Patricia Salkin, ed. (2010)

  • Chapter 36, Local Environmental Law, in AMERICAN LAW OF ZONING, Patricia Salkin, ed. (2010)

  • Regulating Vacanct Property, 42 Urban Lawyer 627 (2010) (Co-authored with Ira Gonzalez)papers.cfm

  • Can Urban University Expansion and Sustainable Development Co-Exist?: A Case Study in Progress on Columbia University, 37 Fordham Urban Law Review 637 (Spring 2010) (with Patricia Salkin)papers.cfm

  • Contextualizing the Roots of Environmental Law, 38 Reviews in American History 153 (2010)contextualizingtheroots.pdf

  • An Educational Approach to School Food: Using Nutrition Standards to Promote Healthy Dietary Habits, 2010 Utah Law Review 1189 (2010)Educational-Approach-to-School-Food-Utah-Law-Rvw.pdf

  • Banning Front-of-Package Food Labels: First Amendment Constraints on Public Health Policy, Public Health Nutrition 1 (2010)Banning-front-of-package-food-labels-PHN.pdf

  • Signs of Change or Clash of Symbols?: FDA Regulation of Nutrient Profile Labeling, 20 Health Matrix 93 (2010) FDA-Regulation-Nutrient-Labeling-Health-Matrix.pdf

  • Allowing Patients to Waive the Right to Sue for Medical Malpractice: A Response to Thaler and Sunstein, 104 Northwestern Law Review 233 (2010) (with Tom Baker) Allowing-Patients-to-Waive-the-Right-to-Sue-NWU-Law-Rvw.pdf

  • Focus on ... waste in the health care system, 18(no.1) Journal of Pension Benefits (2010)papers.cfm

  • Focus On. . . Cash Balance Plans in the 21st Century, Part II, 17 (no.2) Journal of Pension Benefits (2010)papers.cfm

  • Focus On. . . Retirement Plan Leakage, 17(no.3) Journal of Pension Benefits (2010)

  • Reforming the American Retirement System in PROCEEDINGS OF THE 2009 CONFERENCE OF EUROPEAN NETWORK FOR RESEARCH ON SUPPLEMENTARY PENSIONS (2010)

  • Brother Daniel's Roses, 29 Notre Dame Review 44 (Winter/Spring 2010)papers.cfm

  • RACE AND THE CONSTITUTION: FROM THE PHILADELPHIA CONVENTION TO THE AGE OF SEGREGATION, (Washington, D.C., American Historical Association, 2010)

  • When International Law Was a Domestic Problem, 44 VALPARAISO UNIVERSITY LAW REVIEW 779-823 (2010)

  • The First Federal Human Rights Legislation: Suppressing the African Slave Trade, 3 THE CRIT 20-63 (2010) (electronically published at thecritui.com).

  • Introduction: Symposium on Lincoln's Legacy: Enduring Lessons of Executive Power (co-authored with Ali A. Chaudhry), 3 ALBANY GOVERNMENT LAW REVIEW ix-xiv (2010).

  • Inadequate Public Funding and the Sale of Competitive Foods as a Revenue Source, Fooducate (online) (March 11, 2010)

  • Against the Dilution of a Child's Voice in Court, 20 Indiana International and Comparative Law Review 175 (2010)

  • A BRIEF NARRATIVE OF THE CASE AND TRYAL OF JOHN PETER ZENGER. Boston: Bedford Books, 2010

  • Breaking the Back of Segregation: Whyh Sweatt Matters, 36 Thurgood Marshall Law Review 7-37 (2010) (published in 2012)papers.cfm

  • New Laws After Fasso Leave Health Insurer Out in the Cold, 243 (no.18) New York Law Journal (January 28, 2010)

  • Regulating Front-of-Package Nutrition Labels (3 part se​ries), Fooducate (online) (January 15, 19, & 25, 2010)http://blog.fooducate.com/

  • Does Condemnation of Evil Under International Law Encourage or Inhibit Domestic Promulgation of Laws Regulating the Same Evil?, in INSIDE & OUTSIDE OF THE LAW: PERSPECTIVES ON EVIL, LAW AND THE STATE, Shubhankar Dam & Jonathan Hall, eds. (Inter-Disciplinary Press 2009)

  • Shattered (Symposium: Defining Race)72 Albany Law Review 1053 (2009)

  • Laying Down the Law: Post-Racialism and the De-Racination Project, 72 Albany Law Review 1047 (2009)papers.cfm

  • Lawsuits Once Again Help Expose Clergy Sexual Abuse, The Huffington Post (online) (December 7, 2009)lawsuits-once-again-help_b_382381.html

  • Throwing One Arm Around the World: Why the Failure of the World Trade Organization to Include Anti-Bribery and Corruption Targets Within Its Aid for Trade Program Undermines this Program and How to Bridge These Issues, 12 Touro International Law Review 28 (2009)papers.cfm

  • Barack Hussein Obama-An Inspiration of Hope, an Agent for Change, in AFRICAN AMERICANS AND THE PRESIDENCY: THE ROAD TO THE WHITE HOUSE (Bruce Glasrud and Cary D. Wintz eds.) (New York: Routledge 2010) 207-228.

  • Is the Tort System a Litigation Lottery?, Torts Prof Blog (online) (November 16, 2009)guest-blogger-tim-lytton-is-the-tort-system-a-litigation-lottery.html

  • The Electronic Bluebook: A New Format for a Familiar Tool, Bench & Bar (KY), November 2009, at 32

  • Waiting for Alvarado: How Administrative Delay Harms Immigrant Victims of Gender-Based Violence, 55 Wayne L. Rev. 1811 (2009)papers.cfm

  • Science Fictions and Racial Fables: Navigating the Final Frontier of Genetic Interpretation, 25 Harvard Blackletter Law Journal 57 (Spring 2009)papers.cfm

  • The King of New York Practice, 72 Albany Law Review 447 (2009)

  • Whiteness in OXFORD ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, (Paul Finkelman, editor) (Oxford University Press, 2009)

  • Chapter 6, What Will We Do? Retirement in America, in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2008 (LexisNexis, 10/2009)

  • Focus On . . . Cash Balance Plans in the 21st Century, Part I, Historical Perspective, Vol. 17 (no. 1) Journal of Pension Benefits 5 (Autumn 2009)papers.cfm

  • Employee Benefit Plans: Recent Developments, 29 (no.1) ABA Section of Taxation News Quarterly (Fall 2009)

  • On Race, Theory and Norms, 72 Albany Law Review 1025 (2009)

  • Which Party Pays the Costs of Document Disclosure?, 29 Pace Law Review 441 (2009) papers.cfm

  • Ethical Issues That May Arise When Investigating Potential Securities Law Violations, materials prepared for Public Investors Arbitration Bar Association Securities Law Day (October 2009)

  • A CRA for the 21st Century: Congress Considers the Community Reinvestment Modernization Act of 2009, 28 Banking & Financial Services Policy Report 1 (October 2009)

  • Update to Chapter 13: Retirement Plans in NEW YORK ELDER LAW (Practicing Law Institute, 9/2009)

  • Unresolved Issues Over Disclosure of Settlement Agreements, 242 (no.57) New York Law Journal (September 21, 2009)

  • Whiteness, OXFORD ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY (Paul Finkelman, ed.) (Oxford University Press, 2009)

  • THE COST OF CREDIT: REGULATION, PREEMPTION, AND INDUSTRY ABUSES (National Consumer Law Center): 1997-1999 Supplements; 2000 2d edition, 2005 3d edition, the 2001-2008 Supplements, and 2009 4th edition (co-author: Kathleen Keest)

  • Decisions Include Negligence, Enforcement of Judgments, Fee Splitting, 242 (no.43) New York Law Journal (Special Section: Court of Appeals the Year in Review) S2 (August 31, 2009)

  • Focus On . . . Pension Reform, Vol. 16 (no. 4) Journal of Pension Benefits 3 (Summer 2009)papers.cfm

  • Explosive Road From Dublin: The Legal Flaws in the Convention to Ban Cluster Munitions and Recommendations for Their Cure, 12 Gonzaga Journal of International Law 1 (2008 – 2009)

  • Sixty Years on: The Human Rights Movement Today, 24 University of Maryland Journal of International Law, (2009) 47papers.cfm

  • Kentucky Practice Materials: A Selected Annotated Bibliography, in STATE PRACTICE MATERIALS: ANNOTATED BIBLIOGRAPHY (William S. Hein & Co., 2009)

  • Eyes Wide Open: Considering the Implications of a Case of Surgery to Westernize the Eyes of an Asian Child, 39 Hastings Center Review 15 (2009) reprinted 1 Asian Bioethics Review 31 (2009)papers.cfm

  • Moral Reasoning in Judicial Decision on Same-Sex Marriage in PHILOSOPHY AND SEX, 4th ed. (Promethius, 2009)

  • Insult to Injury: A Response to Professor Smolensky's Call for Parental Tort Liability for Preimplantation Genetic Intervention, 60 Hastings Law Journal 397 (2009)papers.cfm

  • NEW YORK'S NEW POWER OF ​ATTORNEY LAW (LexisNexis, 2009) (co-authored)

  • Revised Chapter 17: Advance Written Directives for Property and Health Care in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2009)

  • Paid Tax Preparers, Used Car Dealers, Refund Anticipation Loans, and the Earned Income Tax Credit: The Need to Regulate Tax Return Preparers and Provide More Free Alternatives, 59 Case Western Reserve Law Review 351 (2009)

  • Tainted Loans: The Value of a Mass Torts Approach in Subprime Mortgage Litigation, 78 University of Cincinnati Law Review 1 (2009)papers.cfm

  • Trust in the Shadows: Law, Behavior, and Financial Re-Regulation, 57 Buffalo Law Review 1361 (2009)papers.cfm

  • Beyond Balls and Strikes: Towards a Problem-Solving Ethic in Foreclosure Proceedings, 59 Case Western Reserve Law Review 305 (2009)papers.cfm

  • Part of the Disease or Part of the Cure: The Financial Crisis and the Community Reinvestment Act, 60 University of South Carolina Law Review 617 (2009)papers.cfm

  • Subprime Communities: Reverse Redlining, the Fair Housing Act and Emerging Issues in Litigation Regarding the Subprime Mortgage Crisis, 2 Albany Government Law Review 164 (2009)papers.cfm

  • The Jurisprudence of Vulnerability: Property Rights, Domestic Violence And HIV/AIDS Among Women in Uganda, 9 International Review of Constitutionalism 327 (2009)papers.cfm

  • Defining Race Through Law: Enforcing the Social Norms of Power and Privilege, 72 Albany Law Review 1041 (2009) (symposium)http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1573674

  • Hurricane Katrina in OXFORD ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY (Paul Finkelman, Editor) (Oxford University Press, 2009)

  • To Be or to Exist: Standards for Deciding Whether Dementia Patients in Nursing Homes Should Engage in Intimacy, Sex, and Adultery, 42 Indiana Law Review 675 (2009)papers.cfm

  • Unwarranted Invasions of Personal Privacy Under Federal FOIA and New York FOIL, 11 Government, Law and Policy Journal 12 (New York State Bar Association) (Spring 2009)

  • United Nations Convention on the Rights of the Child, Article 1 – A Comparison with New York State Law, 12 N.Y. City L. Rev. 461 (2008-2009)

  • Does What We Know About the Life Cycle of Democracy Fit Constitutional Law?, 61 Rutgers Law Review 595 (2009)papers.cfm

  • Critical Enculturation: Using Problems to Teach Law, 2 Drexel Law Review 1 (2009)papers.cfm

  • A Challenge to Sustainable Governments?, 87 Washington University Law Review 203 (2009)papers.cfm

  • At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment, 39 Environmental Law 507(2009)papers.cfm

  • The Relevance of Land Use Law to Climate Change Preparedness: The Case of Sustainable Water Practices, Trends Vol. 40, No. 5 (2009) (ABA Section of Environment, Energy, and Resources)papers.cfm

  • Framing Clergy Sexual Abuse as an Institutional Failure: How Tort Litigation Influences Media Coverage, 36 William Mitchell Law Review 169 (2009) Framing-Clergy-Sexual-Abuse-WM-Law-Rvw.pdf

  • A Shabbat Evening Siddur for Young People (Torah Aura Productions 2009) (with Rachel Anisfeld)books

  • A Shabbat Morning Siddur for Young People (Torah Aura Productions 2009) (with Rachel Anisfeld)books

  • To (b) or not to (b): Is that the Question? Twenty-First Century Schizoid Plans Under Section 403(b) of the Internal Revenue Code, 73 Albany Law Review 139 (2009)papers.cfm

  • Focus On . . . The Worker, Retiree, and Employer Recovery Act of 2008, Vol. 16 (no. 3) Journal of Pension Benefits 5 (Spring 2009)papers.cfm

  • Code Section 501(c)(18) The Definitive (and Probably Only) Article You Will Ever Read, 16 (no.2) Journal of Pension Benefits 28 (2009)

  • Focus on . . . the Bailout Bill, 16 (no.2) Journal of Pension Benefits 31 (2009)papers.cfm

  • Update to Chapter 11: Ineligible 457 Plans in The 457 Answer Book (Aspen, 2009 supplement)

  • 2010 SUPPLEMENT TO THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 3rd ed. (Aspen 2009)

  • Anton Chekhov's 'Home' and 'A Visit to Friends': The Dichotomy Between the Personal and the Professional, or the Lawyer Subjectified and Objectified, 39 Stetson Law Review 47 (Fall 2009)papers.cfm

  • MILESTONE DOCUMENTS IN AFRICAN AMERICAN HISTORY: EXPLORING THE PRIMARY SOURCES OF NOTABLE AMERICANS. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, 2010

  • THE POLITICAL LINCOLN: AN ENCYCLOPEDIA. Co-edited with Martin J. Hershock. Washington, DC: CQ Press, 2009

  • MILESTONE DOCUMENTS OF AMERICAN LEADERS: EXPLORING THE PRIMARY SOURCES OF NOTABLE AMERICANS. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, Inc., 2009

  • The Constitution, the Supreme Court, and History, 88 Texas Law Review 353-390 (2009)papers.cfm

  • John McLean: Moderate Abolitionist and Supreme Court Politician, 62 Vanderbilt Law Review 519-65 (2009)papers.cfm

  • The American Suppression of the Slave African Slave Trade: Lessons on Legal Change, Social Policy, and Legislation, 42 Akron Law Review 433-470 (2009)papers.cfm

  • Race, Federalism, and Diplomacy: The Gentlemen's Agreement a Century Later, 56 Osaka University Law Review 1-30 (2009)papers.cfm

  • Lincoln and the Preconditions for Emancipation: The Moral Grandeur of a Bill of Lading, in LINCOLN'S PROCLAMATION: RACE, PLACE, AND THE PARADOXES OF EMANCIPATION (William A. Blair and Karen Fisher Younger, eds.) (University of North Carolina Press, 2009) 13-44

  • Law and the Polarization of American Politics, 25 Georgia State Law Review 339 (2009)papers.cfm

  • Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa, 2009 UNIVERSITY OF UTAH LAW REVIEW, No. 2, 351

  • Germs on a Plane!: Legal Protections Afforded to International Air Travelers and Governments in the Event of a Contagious Passenger and Proposals to Strengthen Them, 22 Journal of Law and Health 295 (2009)papers.cfm

  • Betwixt and Between: Dash or Hyphen?, Bench & Bar (KY), March 2009, at 2

  • The Centrality of Brown, in CHOOSING EQUALITY: ESSAYS AND NARRATIVES ON THE DESEGREGATION EXPERIENCE (Robert L. Hayman, Jr. and Leland Ware, eds.) (The Pennsylvania State University Press, 2009) 224-245.papers.cfm

  • Faceting the Future: The Need for and Proposal of the Adoption of a Kimberley Process-Styled Legitimacy Certification System for the Global Gemstone Market, 18 Journal of Transnational Law and Contemporary Problems 353 (2009)papers.cfm

  • ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, 1896 TO THE PRESENT: FROM THE AGE OF SEGREGATION TO THE TWENTY-FIRST CENTURY. Editor-in-Chief. 5 vols. New York: Oxford University Press, 2009

  • Summaries of Selected Reports and Commentaries on Regulatory Reform and Financial Institutions (Prepared for Congressional Oversight Panel, Special Report on Regulatory Reform) (with David McCaffrey)

  • Case Law on CPLR 3101 (d) (1) (i), Expert Disclosure, Is in Shambles, 241 (no.12) New York Law Journal (January 20, 2009)

  • When Prosecutorial Discretion Meets Disaster Capitalism, in RACE TO INJUSTICE: LESSONS LEARNED FROM THE DUKE UNIVERSITY LACROSSE PLAYERS RAPE CASE, (Michael L. Seigel, ed.) (Carolina Academic Press 2008)papers.cfm

  • Never Let Your Sense of Morals Keep You From Doing What’s Right: Using Newly Dead Bodies as Educational Resources, 18 Health Matrix: Journal of Law-Medicine 105 (Winter 2008)papers.cfm

  • JAMES HARMON CHADBOURN, LYNCHING AND THE LAW. Introduction to reprint edition. (Lawbook Exchange, 2008).

  • ENCYCLOPEDIA OF UNITED STATES INDIAN POLICY AND LAW. Co-edited with Tim Alan Garrison. 2 vols. Washington, DC: CQ Press, 2009

  • Prostituting Peace: The Impact of Sending State’s Legal Regimes on U.N. Peacekeeper Behavior and Suggestions to Protect the Populations Peacekeepers Guard, 17 Florida State University College of Law Journal of Transnational Law and Policy 217 (2008)papers.cfm

  • On Commodification and Self-Ownership, 20 Yale Journal of Law and the Humanities 131 (2008)papers.cfm

  • Year-End Actions by Plan Administrators, 28 (no. 1) ABA Section of Taxation News Quarterly 15 (Fall 2008)papers.cfm

  • McCulloch v. Maryland, in MILESTONE DOCUMENTS IN AMERICAN HISTORY: EXPLORING THE SOURCES THAT SHAPED AMERICA 465 (2008)

  • May Religious Worship Be Excluded From a Limited Public Forum? Commentary on the Ninth Circuit Court of Appeals Decision in Faith Center Church Evangelistic Ministries v. Glover, 31 Hawaii Law Review 29 (2008)mayreligiousworshipbeexcluded.pdf

  • Whose Story Is It, Anyway? - Guiding Students to Client-Centered Interviewing Through Storytelling 14 (no.2) Clinical Law Review 509 (2008)papers.cfm

  • The Meaning of Race in the DNA Era: Science, History and the Law, 27 Temple Journal of Science, Technology and Environmental Law 231 (2008)papers.cfm

  • Foreword, PIONEERING WOMEN LAWYERS (P. Salkin, editor, ABA 2008)

  • SPECIAL EDUCATION LAW 3rd ed. (Carolina Academic Press, 2008) (with Kathe Klare)

  • Disagreeing without being disagreeable: Criticisms of Log Cabin's McCain endorsement are overly shrill and personal, Washington Blade (Oct. 10, 2008)

  • Does Anybody Really Need a Limited Public Forum? 82 St. John's Law Review 107 (2008)doesanybodyreallyneedalimitedpublicforum.pdf

  • The Third Annual Jerome M. Culp Memorial Lecture: The Zombie Jamboree, Symposium: 12th Annual LatCrit Conference Critical Localities: Epistemic Communities, Rooted Cosmopolitans, New Hegemonies, and Knowledge Processes, (no. 1) Florida International University Law Review 175 (Fall 2008)

  • The Colorline as Capitalist Accumulation, 56 Buffalo Law Review 953 (2008)papers.cfm

  • Grammar (Etcetera) to Go, Bench & Bar (KY), September 2008, at 66

  • Issues Remain for Lawyers Not Complying With Part 1215, 240 (no. 53) New York Law Journal (September 15, 2008)

  • Seasons in the Sun: Reflections on Race and the Race for the Democratic Party Presidential Nomination (Keynote Address at the 10th Annual MLK, Jr. Reflection and Commemoration) 1 (no.2) DePaul Journal for Social Justice 323 (2008)

  • The Truth, the Whole Truth, and Nothing But the Truth: Fulfilling the Promise of Truth In Lending, 25 Yale Journal on Regulation 181 (2008) (co-author: Diane Thompson)papers.cfm

  • TRUTH IN LENDING (National Consumer Law Center): 1997 and 1998 Supplements; 1999 4th edition, the 2003 5th edition, 2007 6th edition, and the 2008 Supplement (co-author: Kathleen Keest)

  • Court Was Rich With CPLR and Practice Questions, 240 (no. 44)l (Special Section: Court of Appeals the Year in New York Law Journa Review) S2 (September 2, 2008)

  • Employee Stock Ownership Plans (Chapter 7) in BENDER'S FEDERAL INCOME TAXATION OF RETIREMENT PLANS (Lurie, ed. Matthew Bender 8/2008)

  • Distributions, Rollovers and Loans in BENDER'S FEDERAL INCOME TAXATION OF RETIREMENT PLANS (Lurie ed. Matthew Bender 8/2008)

  • Exposing Secrets of the Catholic Church: How Civil Lawsuits Brought the Sex Abuse Scandal to Light, American Sexuality Magazine (online) (July 31, 2008)

  • Retirement in a Defined Contribution Era: Making the Money Last, 41 (no.4) John Marshall Law Review 1091 (Summer 2008)papers.cfm

  • CONGRESS AND THE EMERGENCE OF SECTIONALISM: FROM THE MISSOURI COMPROMISE TO THE AGE OF JACKSON. Co-edited with Donald R. Kennon. Athens, Ohio: Ohio University Press, 2008

  • SPECIAL EDUCATION LAW, 3rd ed. (Carolina Academic Press, 2008) (with Thomas F. Guernsey)

  • The Legal Infrastructure of Subprime and Nontraditional Home Mortgages in BORROWING TO LIVE: CONSUMER AND MORTGAGE CREDIT REVISITED (Nicolas P. Retsinas & Eric S. Belsky eds., 2008) (co-author: Patricia A. McCoy)papers.cfm

  • Lawrence v. Texas in MILESTONE DOCUMENTS IN AMERICAN HISTORY (Finkelman, et al., eds., 2008)

  • Chapter 8: Whistleblower Law and Ethics, in ETHICAL STANDARDS IN THE PUBLIC SECTOR: A GUIDE FOR GOVERNMENT LAWYERS, CLIENTS, AND PUBLIC OFFICIALS, 2nd ed. (Patricia Salkin, Government Law Center, Albany Law School, ed.) (American Bar Association, Section of State and Local Government Law, 2008) papers.cfm

  • Unifying the Rules for Wills and Revocable Trusts in the Federal Estate Tax Apportionment Arena: Suggestions for Reform, 62 Miami Law Review 676 (2008)
    Reprinted in 43 Real Property, Probate & Trust Journal 447-497 (2008)papers.cfm

  • Revised Chapter 2: Execution and Revocation of Wills in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2008)

  • Revised Chapter 19: Revocable Trusts in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2008)

  • Charitable Contributions for Disaster Relief: Rationalizing Tax Consequences and Victim Benefits, 57 Catholic University Law Review 427 (Winter 2008)

  • Sheltering Counsel: Towards a Right to Counsel in Eviction Proceedings, 24 Touro Law Review 187 (2008)papers.cfm

  • Capital in Chaos: The Subprime Mortgage Crisis and the Social Capital Response, 56 Cleveland State Law Review 271 (2008)papers.cfm

  • The Fall of Free Exercise: From ‘No Law’ to Compelling Interests to Any Law Otherwise Valid, 70 Albany Law Review 1150 (2008)papers.cfm

  • Irving Lehman in YALE BIOGRAPHICAL DICTIONARY OF AMERICAN LAW (Yale, 2008)

  • Cuthbert W. Pound in YALE BIOGRAPHICAL DICTIONARY OF AMERICAN LAW (Yale, 2008)

  • Peer Pressure: Correlations Between Membership in Regional and Regional Economic Organizations and WTO Dispute Resolution Claims and Their Implications, 5 South Carolina Journal of International Law and Business 35 (2008)papers.cfm

  • The Golden Age of Personal Jurisdiction, 239 (no. 96) New York Law Journal 3 (May 19, 2008)

  • TERRORISM, GOVERNMENT, AND LAW: NATIONAL AUTHORITY AND LOCAL AUTONOMY IN THE WAR ON TERROR. Co-edited with Susan N. Herman. Westport, CN: Praeger Security International, 2008

  • It Really Was About a Well Regulated Militia, 59 Syracuse Law Review 267-82 (2008).papers.cfm

  • School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities, 2008 Brigham Young University Law Review 525-555 (2008).papers.cfm

  • Regulating the African Slave Trade, 54 Civil War History 379-405 (2008)papers.cfm

  • Dred Scott v. Sandford: The Case that Made Lincoln President, Lincoln Lore, No. 1892 (Spring 2008) 2-9papers.cfm

  • Lincoln, Emancipation and the Limits of Constitutional Change, 2008 Supreme Court Review 349-387 (2008)papers.cfm

  • On Precedent and Progeny: A Response to Professor Gabriel J. Chin's "Unexplainable on Grounds of Race: Doubts About Yick Wo," 2008 University of Illinois Law Review 1415 (2008)papers.cfm

  • Growing Up Digital: Control and the Pieces of a Digital Life, in THE MACARTHUR FOUNDATION SERIES ON DIGITAL MEDIA AND LEARNING, Volume 6: Innovative Uses and Unexpected Outcomes (edited by Tara MacPherson) (2008)papers.cfm

  • Property Pieces in Compensation Statutes: Law's Eulogy for Oregon's Measure 37, 38 Environmental Law 1111 (2008)papers.cfm

  • HOLDING BISHOPS ACCOUNTABLE: HOW LAWSUITS HELPED THE CATHOLIC CHURCH CONFRONT CLERGY SEXUAL ABUSE, (Harvard University Press, 2008)0674028104

  • Using Tort Litigation to Enhance Policymaking: Lessons From Gun Industry and Clergy Sexual Abuse Lawsuits and Implications for Climate Change Litigation, 83 Texas Law Review1837 (2008)Using-Tort-Litigation-to-Enhance-Policy-Making-Texas-Law-Rvw.pdf

  • Legal and Ethical Issues, in A GUIDE TO THE PRIMARY CARE OF NEUROLOGICAL DISORDERS, 2nd ed., A. John Popp, ed. (Thieme Medical Publishers and the American Association of Neurological Surgeons, 2008)

  • Chapter 23, Governmental Plans, in TAXATION OF DISTRIBUTIONS FROM QUALIFIED PLANS (Dianne Bennett et al., 2008 update)

  • Taxation of Retirement Plan Distributions: Some Modest Proposals (Chapter 20) in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION (LexisNexis, 2008)

  • Focus on . . . Decumulation, 16 (no.1) Journal of Pension Benefits 8 (2008)papers.cfm

  • Focus on . . .Scrivener's Errors, 15 (no.4) Journal of Pension Benefits 19 (2008) (with Marty Heming)papers.cfm

  • The Supreme Court's LaRue Decision and What It Means for Retirement Plan Fiduciaries, 15 (no.4) Journal of Pension Benefits 5 (2008)papers.cfm

  • Focus on . . . Interest Rates for Terminating Defined Benefit Plans, 15 (no.3) Journal of Pension Benefits 5 (2008)papers.cfm

  • Focus on . . . Making Retirement Savings Last a Lifetime, 15 (no.2) Journal of Pension Benefits 49 (2008)papers.cfm

  • IRAs-Investments, Rollovers and Distributions in NEW YORK UNIVERSITY 66TH INSTITUTE ON FEDERAL TAXATION 2008 (Matthew Bender 2008)

  • THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 3rd ed. (Aspen, 2008)

  • MILESTONE DOCUMENTS OF AMERICAN HISTORY: EXPLORING THE PRIMARY SOURCES THAT SHAPED AMERICA. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, Inc., 2008

  • Was Dred Scott Correctly Decided? An ‘Expert Report' For the Defendant, 12 Lewis & Clark Law Review 1219-1252 (2008).papers.cfm

  • Symposium on America's Constitution: A Biography, 59 Syracuse Law Review 49-55 (2008)

  • Chapter 11, Ineligible Plans Under Section 457(f), in 457 ANSWER BOOK, 2008 Supplement (Wolters Kluwer) (April 12, 2008)

  • Formatting Matters, Bench & Bar (KY), March 2008, at 30

  • The Desert Island Disciplinary Rule 239 (no.15) New York Law Journal 3 (January 23, 2008)

  • Administrative Law and Judicial Review of Tax Collection Decisions, 52 Saint Louis University Law Journal 429 (Winter 2008)

  • They Fought for Trade But Did Trade Win?: An Analysis of the Trends Among Trade Disputes Brought By WTO Member States Before the WTO Dispute Resolution Body, 16 Michigan State Journal of International Law 315 (2007)papers.cfm

  • Johnnie Cochran's Panther: An Essay on Time and Law, 33 Thurgood Marshall Law Review 51 (2007)johnniecochranspartner.pdf

  • What Federalism & Why? Science Versus Doctrine, 35 Pepperdine Law Review 47 (2007)papers.cfm

  • Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition, 63 NYU Annual Survey of American Law 29-62 (2007).papers.cfm

  • United ENDA's flawed reasoning, Washington Blade, (Nov. 22, 2007)

  • Presidential Powers Revisited: An Analysis of the Constitutional Powers of the Executive and Legislative Branches Over the Reorganization and Conduct of the Executive Branch, 44 Willamette Law Review 63 (2007)papers.cfm

  • The “Necessity Defense” and Emerging Arbitral Conflict in its Application to the US-Argentina Bilateral Investment Treaty, 13 Law & Bus. Rev. Am. 547 (2007)​​Article on SSRN

  • LANDMARK DECISIONS OF THE UNITED STATES SUPREME COURT. 2nd Edition. With Melvin I. Urofsky. Washington, DC: CQ Press, 2008.

  • Scott v. Sandford: The Court's Most Dreadful Case and How it Changed History, 82 Chicago-Kent Law Review 3-48 (2007).

  • Kermit L. Hall: A Life in Legal History and Scholarship, 57 Syracuse Law Review 357-59 (2007)

  • FRANKLIN JOHNSON, THE DEVELOPMENT OF STATE LEGISLATION CONCERNING THE FREE NEGRO. Introduction to reprint edition. (Lawbook Exchange, 2007)

  • W.E.B. DUBOIS, JOHN BROWN. Introduction to reprint edition. (Oxford University Press, 2007)

  • Not All It’s Quacked Up To Be: Why State and Local Efforts to Ban Foie Gras Violate Constitutional Law, 12 Drake Journal of Agricultural Law 303 (2007)papers.cfm

  • Law as Trauma & Repetition, 31 New York University Review of Law & Social Change 613 (2007)

  • CONSTITUTIONAL CRIMINAL PROCEDURE 3rd ed. (FOUNDATION PRESS, 2007) (with Taslitz and Paris)

  • Cases Appear to Depart from Court of Appeals' 'Andrea,' 238 (no. 54) New York Law Journal 3 (September 17, 2007)

  • Expansion of Precedents; Legislature Weighs In, 238 (no. 49) New York Law Journal (Special Section: Court of Appeals the Year in Review) S2 (September 10, 2007)

  • STOP PREDATORY LENDING: A GUIDE FOR LEGAL ADVOCATES (National Consumer Law Center) 2002 & 2d ed. 2007 (co-author: Alys Cohen)

  • Drafts: A Critical Tool for Planning, Revising, and Reflecting, Bench & Bar (KY), September 2007, at 69

  • The Minimum Distribution Rules (Chapter 25) in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2007 (Matthew Bender 8/2007)

  • From Fee to Free: A Take on Legal Information Through Technology-Colored Glasses, Bench & Bar (KY), July 2007, at 24

  • N.Y.'s Neighbors: Recognizing Same-Sex Couples Is Norm, New York Law Journal (July 13, 2007)

  • "Democracy Stops at My Front Door": Obstacles to Gender Equality in South Africa, 5 Loyola Chicago Journal of International Law 15 (2007)

  • Big Love? The Recognition of Customary Marriages in South Africa, 64 Washington and Lee Law Review 211 (2007)

  • FORECLOSURE PREVENTION COUNSELING: PRESERVING THE AMERICAN DREAM (National Consumer Law Center, 2007) (co-author: Odette Williamson)

  • Learning to Love After Learning to Harm: Post-Conflict Reconstruction, Gender Equality and Cultural Values, 15 Michigan State Journal of International Law 41 (2007)papers.cfm

  • Termination of Life-Support for a Never-Competent Patient: The Case of Sheila Pouliot in ETHICAL ISSUES IN MODERN MEDICINE, 7th ed., (McGraw Hill, 2007)

  • Federalism and Bioethics: States and the Moral Pluralism, 37 Hastings Center Report 24 (2007) (with James W. Fossett, Sean Philpott, David Magnus, and Glenn McGee)papers.cfm

  • Now and Always Our Chief: The Honorable Judith S. Kaye, 70 Albany Law Review 815 (2007)papers.cfm

  • Practical, State, and Federal Limits on the Scope of Compelled Disclosure of Health Records, 7(3) The American Journal of Bioethics 46 (2007) (with Beverly Cohen)

  • NEW YORK LAW OF DOMESTIC VIOLENCE 2nd ed., (Thomson-West, 2007) (with Judge Lee Elkins and Jane Fosbinder)papers.cfm

  • Implementing a Jury Option in Family Violence Proceedings in FAMILY LAW: BALANCING INTERESTS AND PURSUING PRIORITIES 306 (Lynn D. Wardle & Camille S. Williams eds.) (2007) papers.cfm

  • Practical, State, and Federal Limits on the Scope of Compelled Disclosure of Health Records, 7 (no.3) The American Journal of Bioethics 46 (2007) (with Alicia Ouellette)

  • Powers of Appointment Under the Restatement (Third) of Property, 33 Ohio Northern University Law Review 755 (2007)papers.cfm

  • Revised Chapter 20: Generation-Skipping Transfer Taxation in KLIPSTEIN AND BLOOM’S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2007)

  • Revised Chapter 9: Charitable Dispositions in KLIPSTEIN AND BLOOM’S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2007)

  • TEACHER’S GUIDE for FUNDAMENTALS OF TRUSTS AND ESTATES, 3rd ed. (Lexis Publishing, Spring 2007) (with Andersen)

  • FUNDAMENTALS OF TRUSTS AND ESTATES, 3rd ed. (LexisNexis, Spring 2007) (with Andersen)

  • Book Review, reviewing Bernard S. Meyer, Burton C. Agata and Seth H. Agata, THE HISTORY OF THE NEW YORK COURT OF APPEALS, 1932-2003, 49 American Journal of Legal History 497(2007)

  • Changing Roles: The Supreme Court and the State High Courts in Safeguarding Rights, 70 Albany Law Review 841 (2007)papers.cfm

  • Memory-Altering Drugs: Shifting the Paradigm of Informed Consent, 7 The American Journal of Bioethics 40 (2007) (coauthor)papers.cfm

  • BODY WORLDS: Choosing to be Immortalized as an Educational Specimen, 7(4) The American Journal of Bioethics 38 (2007) (with Jenean M. Taranto)

  • Letter of Engagement is Key to Lawyers’ Expected Pay, 237 (no.97) New York Law Journal 3 (May 21, 2007)

  • Advancing the Future of Family Violence Law Pedagogy: The Founding of a Law School Clinic, 41 University of Michigan Journal of Law Reform 167 (2007) with Theresa Hughes

  • Othello Error: Facial Profiling, Privacy, and the Suppression of Dissent 5 Ohio State Journal of Criminal Law 79 (2007)papers.cfm

  • Clergy Sexual Abuse Litigation: The Policymaking Role of Tort Law, 39 Connecticut Law Review 809 (2007) Clergy-Sexual-Abuse-Litigation-CT-Law-Rvw.pdf

  • Book Review: Doyle, Thomas P. et al., Sex, Priests, and Secret Codes: The Church’s 2,000-Year Paper Trail of Sexual Abuse, 23 Journal of Law & Religion 615 (2007)

  • Guidance on Sections 403(b) and 409A, 27(1) ABA Section of Taxation News Quarterly 16 (2007)papers.cfm

  • Significant Changes Affecting Employee Benefits, 26 (no.2) ABA Section of Taxation News Quarterly 22 (2007)papers.cfm

  • Focus on . . . Employee Benefit Reform Proposals, 15 (no.1) Journal of Pension Benefits 3 (2007)papers.cfm

  • Health Care Reform: Can It Happen?, 40 (no.3) John Marshall Law Review (2007)papers.cfm

  • The Past, Present and Future of Retiree Health Benefits, 3 (no.1) Suffolk University Journal of Health and Biomedical Law 103 (2007)thepastpresentandfutureofretireehealthbenefits.pdf

  • The New Medicare Part D Prescription Drug Benefit, 17 (no.2) Albany Law Journal of Science and Technology 337 (2007)papers.cfm

  • Focus on . . .The Pension Protection Act and the PBGC, 14 (no.4) Journal of Pension Benefits 49 (2007)papers.cfm

  • Focus on . . . Default Investments and Section 404(c), 14 (no.3) Journal of Pension Benefits 43 (2007)papers.cfm

  • Focus on . . .Investment Advice Under the Pension Protection Act of 2006, 14 (no.2) Journal of Pension Benefits 42 (2007)papers.cfm

  • "Roe's not done yet," NEWSDAY (April 22, 2007 at A47)

  • DOCUMENTS OF AMERICAN CONSTITUTIONAL AND LEGAL HISTORY. Co-edited with Melvin I. Urofsky. 2 vols. 3rd edition. New York: Oxford, 2008

  • Tips for Jump-starting Your Career, in BEYOND THE BOOKS: PEOPLE, POLITICS AND LIBRARIANSHIP (William S. Hein & Co., 2007)

  • Hidden Data in Your Documents, Bench & Bar (KY), March 2007, at 29

  • The Life and Debt Cycle: The Growing Debt Burdens of Older Consumers and Related Policy Recommendations, 44 Harv. J. on Legis. 167 (2007) (co-author: Deanne Loonin)

  • Lemuel Shaw: The Shaping of State Law, in NOBLE PURPOSES: NINE CHAMPIONS OF THE RULE OF LAW 339-49 (Norman Gross, ed.) (Ohio University Press, 2006)

  • Legal Legacy: Five Years after the Clergy Sexual Abuse Scandal, Boston Globe, (February 4, 2007), E1Legal-Legacy-Boston-Globe.pdf

  • The Significance and Persistence of Proslavery Thought, in THE PROBLEM OF EVIL: SLAVERY, FREEDOM, AND THE AMBIGUITY OF AMERICAN REFORM 95-114 (Steven Mintz and John Stauffer, eds.) (University of Massachusetts Press, 2007).

  • New York Practice: Appellate Division Is Confronted With HIPAA, 237 (no. 11) New York Law Journal 3 (January 17, 2007)

  • Appellate Division on Appeal: The Justices' Rates of Agreement, Rejection, and Vindication by the Court of Appeals, 70 Albany Law Review 983 (2007) (with Jason A. Cherna and Jessica Blain-Lewis)Bonventre.Article.pdf

  • Policing Against the State: United Nations Policing as Violative of Sovereignty, 10 San Diego International Law Journal 155 (2008)papers.cfm

  • Signed, Sealed, Delivered, and Then…: An Evaluation of the Correlation Between Policy Areas, Signing, and Legal Ratification of Organization of American States’ Treaties by Member States, 6 Richmond Journal of Global Law & Business 1 (2006)papers.cfm

  • New York Practice: Perfect Information, Internet Filing and Public Review, 236 (no. 97) New York Law Journal 3 (November 20, 2006) (with T. Gleason)

  • A Tale of Three Nations?: The role of United Nations peacekeepers and missions on the concept of nation-state, nationalism, and ownership of the state in Lebanon, the Democratic Republic of the Congo, and Kosovo, 21 Connecticut Journal of International Law 213 (2006)papers.cfm

  • Resurrection from Babel: The cultural, political, and legal status of Christian communities in Lebanon and Syria and their prospects for the future, 13 Tulsa Journal of Comparative & International Law 217 (2006)papers.cfm

  • CPLR 3212(a)'s Timing Requirement for Summary Judgment Motions: Ona Brill's Stroll Through Brooklyn and the Dramatic Effect it Has Had on New York State's Civil Practice, 71 Brooklyn Law Review 1529 (2006)

  • ENCYCLOPEDIA OF AMERICAN CIVIL LIBERTIES. Editor-in-Chief. 3 vols. New York: Routledge, 2006

  • Thomas Jefferson, Original Intent, and the Shaping American Law: Learning Constitutional Law from the Writings of Jefferson, 62 NYU Annual Survey of American Law 45-84 (2006)

  • The Dragon St. George Could Not Slay: Tucker's Plan to End Slavery, 47 William and Mary Law Review 1213-1243 (2006).papers.cfm

  • Anthony Burns, Judge Loring, Harvard Law School, and the Fugitive Slave Law in Boston, 10 Massachusetts Legal History 53-88 (2004) [2006]

  • Ohio's Struggle for Equality Before the Civil War, 23 Timeline 28-43 (2006)

  • Don't Let That E-mail Come Back to Haunt You, Bench & Bar (KY), September 2006, at 36

  • Uniform Rules for Conduct of Depositions, 236 (no. 54) New York Law Journal 3 (September 18, 2006) (with T. Gleason)

  • Continued Warning Signs On Adhering to Deadlines, 236 (no. 49) New York Law Journal (Special Section: Court of Appeals the Year in Review) S2 (September 11, 2006)

  • The Station in AFTER THE STORM: BLACK INTELLECTUALS EXPLORE THE MEANING OF HURRICANE KATRINA, pp. 147-159 (David Dante Trout ed.) (New Press, 2006)

  • The Credit Card Market and Regulations: In Need of Repair, 10 N.C. Banking Inst. 23 (2006) (co-authors: Carolyn Carter, Margot Saunders, Chi Chi Wu)

  • The Sting: New York Has Devised an Ingenious Approach to Stopping the Flow of Guns into the City. Could It Work for Boston?​, Boston Globe (August 27, 2006), D1The-Sting-Boston-Globe.pdf

  • McCleskey v Kemp, 481 U.S. 2779 (1987) in ENCYCLOPEDIA OF AMERICAN CIVIL LIBERTIES (Paul Finkelman ed.) (co-authored with Geiza Vargas-Vargas) (Routledge Press, 2006)

  • THE HISTORY OF MICHIGAN LAW. Co-edited with Martin J. Hershock. Athens, Ohio: Ohio University Press, 2006. Recipient of Annual Book Award from the Michigan Historical Society, 2007; Designated a Michigan Notable Book for 2007 by the Library of Michigan

  • THE ENCYCLOPEDIA OF THE NEW AMERICAN NATION. Editor-in-Chief. 3 vols. Detroit: Charles Scribners Sons/Gale, 2006

  • CONSTITUTIONAL LAW IN CONTEXT. With Michael Kent Curtis, J. Wilson Parker and Davison M. Douglas. 2 vols. 2nd ed., Durham, NC: Carolina Academic Press, 2006

  • The Promise of Equality and the Limits of Law: From the Civil War to World War II, in THE HISTORY OF MICHIGAN LAW 187-213 (Paul Finkelman and Martin J. Hershock, eds.) (Ohio University Press, 2006)

  • The Settlement 'Game Theory,' 236 (no. 10) New York Law Journal 3 (July 17, 2006) (with T. Gleason)

  • Prof. Nimmer meets Prof Schauer (and Others): an Analysis of "Definitional Balancing" as a Methodology for Determining the "Visible Boundaries of the First Amendment," 39 Akron Law Review 483 (2006), reprinted in THE FIRST AMENDMENT LAW HANDBOOK (Thompson/West, 2006) (Rodney A. Smolla, ed.)professornimmermeetsprofessorschauer.pdf

  • Due Process and Legal Authority in the Garden of Eden: Jurisprudence in Aggadic Midrash, 16 Jewish Law Annual 185 (2006) Due-Process-in-the-Garden-of-Eden-Jewish-Law-Annual.pdf

  • JOHN CODMAN HURD, THE LAW OF FREEDOM AND BONDAGE. Introduction to reprint edition. (Lawbook Exchange, 2006)

  • The South African Judicial Appointments Process, 44 Osgoode Hall Law Journal 565 (2006) papers.cfm

  • Some Middle-Aged Spread, A Few Mood Swings and Growing Exhaustion: The Human Rights Movement at Middle Age, 41 University of Tulsa Law Review 101 (2006) papers.cfm

  • Keeping Validity in Cite: Web Resources Cited in Select Washington Law Reviews, 2001-2003, 98 Law Libr. J. 639 (2006)

  • Disability and the End of Life, 85 Oregon Law Review 123 (2006) papers.cfm

  • Introducing the Construct of the Jury into Family Violence Proceedings and Family Court Jurisprudence, 13 Michigan Journal of Gender & Law 1 (2006) papers.cfm

  • Co-author, 2006 CUMULATIVE SUPPLEMENT to NEW YORK LAW OF DOMESTIC VIOLENCE (Thomson-West, 2006) (with Judge L. Elkins and J. Fosbinder)

  • My Quinn Lee Story, 8 (no.1) The Thomas M. Cooley Journal of Practical and Clinical Law 43 (2006)myquinnleestory.pdf

  • Reconciling the HIPAA Privacy Rule with State Laws Regulating Ex Parte Interviews of Plaintiffs' Treating Physicians: A Guide to Performing the HIPAA Preemption Analysis, 43 Houston Law Review 1091 (2006)papers.cfm

  • The Controversy Over Hospital Charges to the Uninsured -- No Villains, No Heroes, 51 Villanova Law Review 95 (2006) papers.cfm

  • Revised Chapter 7: Marital Deduction in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2006)

  • JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, 2nd ed. (LexisNexis Matthew Bender Publishing, 2006) (with Stephen E. Gottlieb, Brian Bix, and Robin L. West) http://www.amazon.com/Jurisprudence-Cases-Materials-Introduction-Applications/dp/0820562343/

  • The Two Sides of Inadvertent Disclosure, 235 (no. 93) New York Law Journal 3 (May 15, 2006) (with T. Gleason)

  • JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, Second Edition, with Robin L. West, Brian Bix and Timothy D. Lytton (Newark, NJ: LexisNexis, 2006) Purchase

  • Et in Arcadia Ego: A Perspective on Black Prosecutors' Loyalty Within the American Criminal Justice System, 49 Howard Law Journal 601 (2006)papers.cfm

  • Law as Intermediary, 2006 Michigan St. L. Rev. 107 (2006)papers.cfm

  • Pommells: The Facts, Nothing But the Facts, 78 (no. 5) New York State Bar Association Journal 42 (2006)papers.cfm

  • COVENANTS NOT TO COMPETE: A USEFUL EXPLANATION INCLUDING DRAFTING (National Law Foundation, 2006)

  • Honor The Craft: The Judicial Legacy of Judge Matthew J. Jasen, 69 Albany Law Review 403 (2006)papers.cfm

  • Evidence (2004-2005 Survey of New York Law), 56 Syracuse Law Review 871 (2006)papers.cfm

  • Standards of Practice for Pension Practitioners, 39 (no.3) John Marshall Law Review 667 (2006)papers.cfm

  • Healthy and Wealthy and Dead: Health Savings Accounts, 19 (no.1) St. Thomas Law Review 7 (2006)papers.cfm

  • Too Much of Nothing: Increasing Pension Coverage and Benefits (Chapter 14) in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2006 (Matthew Bender, 2006)

  • Focus on . . . The Social Security and Medicare Trustees' Reports, 14 (no.1) Journal of Pension Benefits 10 (2006)papers.cfm

  • Focus On... Investment Education and Advice for Plan Participants, 13 (no. 4) Journal of Pension Benefits 3 (2006)papers.cfm

  • Focus On... Pensions Under the New Bankruptcy Code, 13 (no. 3) Journal of Pension Benefits 41 (2006)papers.cfm

  • Pension Plan Distribution Restrictions Under the Nondiscrimination Regulations, 13 (no. 2) Journal of Pension Benefits 3 (2006)papers.cfm

  • Focus On... Circular 230, 13 (no. 2) Journal of Pension Benefits 56 (2006)papers.cfm

  • Managing Editor, New York Business Law Journal, Vol. 10-continuing, (2006-continuing)

  • The Stamp Collector, 125 TriQuarterly 159 (2006)papers.cfm

  • Teachers' Manual for JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, 2nd ed., (LexisNexis, 2006) (with Robin L. West, and Brian Bix)

  • ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, 1619-1895: FROM THE COLONIAL PERIOD TO THE AGE OF FREDERICK DOUGLASS. Editor-in-Chief. 3 vols. New York: Oxford University Press, 2006

  • Don't Forget the 'Writing' in Legal Writing, Bench & Bar (KY), March 2006, at 46

  • Teaching Day: Team Teaching First Year Legal Research, The All-SIS Newsletter, Spring 2006, Contributor, FDLP Handbook, Acronyms/Glossary Chapter, 2005-2007

  • The Need for Broader Declaratory Relief Under CPLR 3001, 235 (no. 53) New York Law Journal 3 (March 29, 2006) (with T. Gleason)

  • Problems at the Starting Gate, 235 (no. 8) New York Law Journal 3 (January 12, 2006) (with T. Gleason)

  • What is Federalism and What Does It Have to do with Civil Rights?, in AWAKENING FROM THE DREAM: CIVIL RIGHTS UNDER SIEGE AND THE NEW STRUGGLE FOR EQUAL JUSTICE 3-24 (Denise C. Morgan, Rachel D. Godsil, and Joy Moses, eds.) (Carolina Academic Press, 2006)

  • Victims of Peace: Current Abuse Allegations against U.N. Peacekeepers and the Role of Law in Preventing Them in the Future, 12 ILSA Journal of International & Comparative Law (2005)papers.cfm

  • Annual Supplementary Practice Commentaries, CPLR Article 31: Disclosure, MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK, Book 7B (West, 2005-continuing)

  • Accumulation, 11 Michigan Journal of Race & Law 51 (2005)papers.cfm

  • Paper Daughters, 12 Washington and Lee Race and Ethnic Ancestry Law Journal 41 (2005)papers.cfm

  • Editor, SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL AND MASS TORTS, (University of Michigan Press, 2005)0472032119

  • Introduction, An Overview of Lawsuits Against the Gun Industry in SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL AND MASS TORTS, (University of Michigan Press, 2005) 0472115103-intro.pdf

  • Chapter 6, The NRA, the Brady Campaign, and the Politics of Gun Litigation, in SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL AND MASS TORTS, (University of Michigan Press, 2005) 0472115103-ch6.pdf

  • Chapter 10, The Complementary Role of Tort Litigation in REgulating the Gun Industry in SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL AND MASS TORTS, (University of Michigan Press, 2005)0472115103-ch10.pdf

  • Afterword, Federal Gun Industry Immunity Legislation in SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL AND MASS TORTS, (University of Michigan Press, 2005)

  • The Black Phantom, 72 (no. 4) North Dakota Quarterly 120 (Fall 2005) papers.cfm

  • Symposium Introduction: Assessing the Theoretical Claims and Policy Prescriptions of Peter Schuck's Diversity in America: Keeping Government at a Safe Distance, 23 Yale Law and Policy Review 1 (2005)

  • Search Engine Technology "Overrules" Expert-Witness Laws, 234 (no. 98) New York Law Journal 3 (November 21, 2005) (with T. Gleason)

  • UK Libraries User Confidentiality Policy Training (an interactive web-based training module), November 2005 (with Lance Burke and Amy Osborne)

  • Dred Scott v. Sandford, in THE PUBLIC DEBATE OVER CONTROVERSIAL SUPREME COURT DECISIONS 24-33 (Melvin I. Urofsky, ed.) (CQ Press, 2006)papers.cfm

  • Designing a Hybrid Domestic Violence Prosecution Clinic: Making Bedfellows of Academics, Activists and Prosecutors to Teach Students According to Clinical Theory and Best Practices, 74 (no.4) University of Mississippi Law Review 1177 (Spring 2005)papers.cfm

  • The Rehnquist Court (1986 - ): Radical Revision of American Constitutional Law, in THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE 327 (Houghton Mifflin/American Bar Foundation, 2005) (Christopher L. Tomlins, ed.)

  • ADVANCED NEGOTIATION AND MEDIATION THEORY AND PRACTICE: A REALISTIC INTEGRATED APPROACH (National Institute for Trial Advocacy, 2005) (with Paul J. Zwier)

  • Sodomy and abortion aren't same rights, Washington Blade (November 4, 2005)

  • Gun Bill a Messy Mix of Law, Politics​, Op-Ed, Albany Times Union (October 27, 2005)Gun-bill-a-messy-mix-TU-OpEd.pdf

  • TERRIBLE SWIFT SWORD: THE LEGACY OF JOHN BROWN. Co-edited with Peggy A. Russo. Athens, Ohio: Ohio University Press, 2005

  • Courthouses, Bookshelves and Portals: The Implications of U.S. v. American Library Association on First Amendment Forum Analysis and Future Internet-Based Litigational Strategies, 2 Oklahoma Journal of Law & Technology 27 (2005)papers.cfm

  • Representing a Recalcitrant Client Who Has Lied During Disclosure, 234 (no. 55) New York Law Journal 3 (September 19, 2005) (with T. Gleason)

  • Confronting Dilemma on Potential Client Perjury, 234 (no. 50) New York Law Journal (Special Section: Court of Appeals the Year in Review) S9 (September 12, 2005)

  • Lieber, Slavery, and the Problem of Free Thought in Antebellum South Carolina, in FRANCIS LIEBER AND THE CULTURE OF THE MIND 11-22 (Charles R. Mack and Henry H. Lesesne, eds.) (University of South Carolina Press, 2005papers.cfm

  • The Taney Court, 1836-1864: The Jurisprudence of Slavery and the Crisis of the Union, in THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE 75-99 (Christopher Tomlins, ed.) (Houghton Mifflin, 2005papers.cfm

  • E-Discovery; Problems with Computer Hard-Drive "Clones," 234 (no. 11) New York Law Journal 3 (July 18, 2005) (with T. Gleason)

  • The 120-Day Deadline is Final, Usually: Rulings Define "Good Cause" for those Daredevil Attorneys Who Wait Too Long to Move for Summary Judgment, 233 (no. 112) New York Law Journal 9 (Special Section of New York Civil Practice) (June 13, 2005) (with J. Higgitt)

  • Lessons across the Pond: Assisted Reproductive Technology in the United Kingdom and the United States, 31 American Journal of Law and Medicine 419 (2005) (co-author)papers.cfm

  • Trends in Corporate Fraud Enforcement: A Calm During the Storm? Business Crimes Bulletin (October 2005) (with Joseph Savage)

  • Planning Considerations for the New York Estate Tax in PROGRAM BOOK, THIRD ANNUAL SOPHISTICATED TRUSTS AND ESTATES LAW INSTITUTE (NYSBA, 2005)

  • Lifetime Transfers Can Reduce New York Estate Taxes, 38 New York State Bar Association Trusts & Estates Newsletter 13 (Spring 2005)papers.cfm

  • Revised Chapter 17: Advance Written Directives for Property and Health Care in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2005) (co-authored)
     

  • Revised Chapter 2: Execution and Revocation of Wills in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2005)
     

  • Collection Due Process: the Scope and Nature of Judicial Review, 73 University of Cincinnati Law Review 1021 (Spring 2005)

  • Tax Protestors and Penalties: Ensuring Perceived Fairness and Mitigating Systemic Costs, Brigham Young University Law Review 1515 (2005)papers.cfm

  • Judicial Activism, Judges' Speech, and Merit Selection: Conventional Wisdom and Nonsense, 68 Albany Law Review 557 (2005)papers.cfm

  • Let's Go to the Videotape!, 233 (no. 97) New York Law Journal 3 (May 20, 2005) (with T. Gleason)

  • Evidence (2003-2004 Survey of New York Law), 55 Syracuse Law Review 1005 (2005)papers.cfm

  • Evidence (2002-2003 Survey of New York Law), 54 Syracuse Law Review 601 (2005)papers.cfm

  • Chapter 23, Governmental Plans, in TAXATION OF DISTRIBUTIONS FROM QUALIFIED PLANS (Dianne Bennett et al., 2005/2006 edition)

  • The Not-So-Brave World of Deferred Compensation, 25 (no. 1) ABA Section of Taxation News Quarterly 8 (2005)thenotsobravenewworld.pdf

  • Focus On... S Corporation ESOPs, 13 (no. 1) Journal of Pension Benefits 49 (2005)papers.cfm

  • Focus On... ERISA Section 404(c), 12 (no. 3)Journal of Pension Benefits 52 (2005)focusonerisasection404c.pdf

  • Focus On... The Conversation on Coverage, 12 (no. 2) Journal of Pension Benefits 50 (2005)focusontheconversationoncoverage.pdf

  • IRS Continues Attack on Accelerated 401(k) Plan Deductions,12 (no. 2)Journal of Pension Benefits 15 (2005)papers.cfm

  • Not for the Little People: Executive Compensation in 2005, in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2005 (Matthew Bender, 2005)

  • Love Beneath the Napalm, 19 Notre Dame Review13 (2005), to be reprinted in NDR: THE FIRST TEN YEARS (Notre Dame University Press) (forthcoming) papers.cfm

  • Cybercrimes and Hacking Issues in ALI-ABA COURSE OF STUDY, INTERNET LAW FOR THE PRACTICAL LAWYER (Apr. 21, 2005, SK102 ALI-ABA 139)

  • The Common Law and Collateral Sources, 233 (no. 53) New York Law Journal 3 (March 21, 2005) (with T. Gleason)

  • New York City’s Gun Industry Responsibility Act: Why It May Do More Harm than Good, Findlaw’s Writ, Legal Commentary (online) (March 7, 2005) (with Anthony Sebok)20050307_lytton.html

  • AMERICAN LEGAL HISTORY: CASES AND MATERIALS. With Kermit L. Hall and James W. Ely, Jr. New York: Oxford University Press, 3rd ed. 2005

  • Civil Rights in Historical Context: In Defense of Brown, 118 Harvard Law Review 973-1027 (2005)papers.cfm

  • The Ten Commandments on the Courthouse Lawn and Elsewhere, 73 Fordham Law Review 1477-1520 (2005)papers.cfm

  • Court of Appeals Revisits "Grave Injury" Issue, 233 (no. 3) New York Law Journal 3 (January 21, 2005) (with T. Gleason)

  • Editor, The Correspondent (an HTML bi-weekly faculty-staff newsletter), Seattle University School of Law, Seattle, WA, April 2003-December 2004

  • Annual Supplementary Practice Commentaries on New York Code of Professional Responsibility, Canons 1, 3, and 4, MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK (West, 2004-continuing)

  • Sandra Day O'Connor's Position on Discrimination, 4 MARGINS: Maryland's Law Journal on Race, Religion, Gender and Class 24 (2004)

  • Race, Slavery, and the Law in Antebellum Ohio, in 2 THE HISTORY OF OHIO LAW 748-81 (Michael Les Benedict and John F. Winkler, eds.) (Ohio University Press, 2004)

  • The Volume Problem of E-Discovery, 232 (no. 95) New York Law Journal 3 (November 16, 2004) (with T. Gleason)

  • Co-author of Report of the New York Advisory Committee to the U.S. Commission on Civil Rights, Civil Rights Implications of Post-September 11 Law Enforcement Practices in New York (2004) ny0304.pdf

  • PROBLEMS AND SIMULATIONS IN EVIDENCE, 3rd ed. (LexisNexis, 2004)

  • Perfecting Slavery, 36 (no.1) Loyola University Chicago Law Journal 221 (Fall 2004)papers.cfm

  • Revision Author, Article 75: Arbitration in NEW YORK CIVIL PRACTICE: CPLR, 2nd ed. (Weinstein, Korn and Miller) (Matthew Bender, 2004)

  • Conflict From Lawyer's Testimony Explored, 232 (no. 47) New York Law Journal (Special Section of New York Civil Practice) S10 (Sept. 7, 2004)

  • Letter: HRC abandons ENDA ‘enactability,' Washington Blade, Sept. 3, 2004, at 25

  • An Overview of the Predatory Lending Process, 15 Housing Pol'y Debate 467 (2004)

  • How Much Process Is Due? I.R.C. Sections 6320 and 6330 Collection Due Process Hearings, 29 Vermont Law Review 51 (Fall 2004)

  • Abraham Lincoln: Prairie Lawyer, in AMERICA'S LAWYER PRESIDENTS: FROM LAW OFFICE TO THE OVAL OFFICE 128-137 (Norman Gross, ed.) (Northwestern University Press, 2004)papers.cfm

  • Letter: HRC has trans issue backward, Wash. Blade, Aug. 20, 2004, at 24

  • Letter: Show some sensitivity, USA Today, Aug. 19, 2004, at 14A

  • In 'Vieth,' Court Continues to Misunderstand Gerrymandering, 232 (no. 35) New York Law Journal, 4 (August 19, 2004)papers.cfm

  • Letter: Reasons To Hate Bush, Wash. Post, Aug. 14, 2004, at A19

  • Reporter: NEW YORK PATTERN JURY INSTRUCTIONS-CIVIL, 3rd ed., Volume 1, (West Group) 1993-2004 eds.)

  • Associate Editor, The Lawyer, (a semi-annual, 32 page, 4-color, alumni magazine), Seattle University School of Law, Seattle, WA, 2002-2004

  • When Vitalism is Dead Wrong: The Discrimination Against and Torture of Incompetent Patients by Life Sustaining Treatment, 79 Indiana Law Journal 1 (2004)papers.cfm

  • SOX Lowers the Bar for Barring Officers and Directors, Business Crimes Bulletin (December 2004) (with Joseph Savage)

  • Late Trading of Mutual Funds: Chinks in the Armor of Regulators' Claims That it is Illegal Per Se, 18 (no.11) Andrews White-Collar Crime Reporter (2004) (with Thomas Frongillo)

  • Can You? Should You? Must You? Counsel's Obligation to Self-Report Company Crime, Business Crimes Bulletin (April 2004) (with Joseph Savage)

  • An Examination of the Right of Hospitals to Engage in Economic Credentialing, 77 Temple Law Review 705 (2004)papers.cfm

  • Supreme Court Rules that ERISA Preempts State Law Claims Challenging Utilization Review by HMO, 9 (no. 3) New York State Bar Association Health Law Journal 70 (2004)papers.cfm

  • Revised Chapter 11: Testamentary Trusts in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (LexisNexis Matthew Bender, 2004)

  • Revised Chapter 9: Charitable Dispositions, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2004)

  • Revised Chapter 7: Marital Deduction, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2004)

  • Revision Author, Article 20: Mistakes, Defects, Irregularities and Extensions of Time in NEW YORK CIVIL PRACTICE: CPLR, 2nd ed. (Weinstein, Korn and Miller) (Matthew Bender, 2004)

  • Revision Author, Article 21: Papers in NEW YORK CIVIL PRACTICE: CPLR, 2nd ed. (Weinstein, Korn and Miller) (Matthew Bender, 2004)

  • Revision Author, Article 72: Recovery of Penalty or Forfeitures in NEW YORK CIVIL PRACTICE: CPLR, 2nd ed. (Weinstein, Korn and Miller) (Matthew Bender, 2004)

  • Editor, Info, (a quarterly HTML library newsletter), Seattle University Law Library, Seattle University, Seattle, WA, March 2003-April 2004

  • Plantation Lullabies: How Fourth Amendment Policing Violates the Fourteenth Amendment Right of African Americans to Parent, 19 St. John's Journal of Legal Commentary 197 (2004)papers.cfm

  • Impeachment of a Witness in a Civil Action: Proof of Prior Misconduct (Bad Acts), (Spring 2004) New York State Trial Lawyers Institute Bill of Particulars (2004)hutter-impeachment-of-a-witness-2004.pdf

  • Using Litigation to Make Public Health Policy: Theoretical and Empirical Challenges in Assessing Product Liability, Tobacco, and Gun Litigation, 32 Journal of Law, Medicine & Ethics 556 (2004) papers.cfm

  • Is That an Employee Benefit or a Tax Shelter? 24 (no.1) ABA Section of Taxation News Quarterly (2004)isthatanemployeebenefitplanorataxshelter.pdf

  • Focus On... Qualified Plan Investments in Real Estate, 12 (no. 1)Journal of Pension Benefits 3 (2004)papers.cfm

  • Focus On...Abusive Roth IRA Transaction, 11 (no.4) Journal of Pension Benefits 38 (2004)focusonabusiverothiratransactions.pdf

  • Fiduciary Update, 11 (no.4) Journal of Pension Benefits 26 (2004)papers.cfm

  • Pension Planning in a Wal-Mart World in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2004 (Matthew Bender, 2004)

  • Accounting for Employee Stock Options: Recent FASB and IASB Actions, Part II, 17(no.4) Journal of Taxation and Regulation of Financial Institutions 36 (March/April 2004)accountingforemployeestockoptionspart2.pdf

  • Update to Chapter 13: Retirement Plans in NEW YORK ELDER LAW (PLI, 2004)

  • Chapter 23: Governmental Plans in TAXATION OF DISTRIBUTIONS FROM QUALIFIED PLANS (Warren, Gorham and Lamont, 2004)

  • Focus On...Section 457 Exemptions, 11(no.3) Journal of Pension Benefits 32 (2004)papers.cfm

  • Focus On...ESOPs, 11 (no.2) Journal of Pension Benefits 50 (2004)papers.cfm

  • Accounting for Employee Stock Options: Recent FASB and IASB Actions, Part I, 17(no.3) Journal of Taxation and Regulation of Financial Institutions 25 (2004) accountingforemployeestockoptionspart1.pdf

  • The Photograph, XXVI (no. 4) The Kenyon Review 85 (2004)papers.cfm

  • Book Review, reviewing Lander, U.S. SECURITIES REGULATION: ALL YOU NEED TO KNOW ABOUT GOING PUBLIC, LISTING, REPORTING AND PRIVATE PLACEMENTS (Institutional Investor Books, 2003), 8 (no. 1) New York Business Law Journal 43 (2004)

  • The Apogee of the Commodity (Symposium: Race as Proxy in Law and Society: Emerging Issues in Race and the Law), 53 (no.3) DePaul Law Review 1229 (Spring 2004) papers.cfm

  • The Strange Career of Race Discrimination in Antebellum Ohio, 55 Case Western Reserve University Law Review 373-408 (2004)

  • The Radicalism of Brown, 66 University of Pittsburgh Law Review 35-56 (2004)papers.cfm

  • The Roots of Printz: Proslavery Constitutionalism, National Law Enforcement, Federalism, and Local Cooperation, 69 Brooklyn Law Review 1399 (2004)papers.cfm

  • The Historical Context of the Fourteenth Amendment, 13 Temple Political & Civil Rights Law Review 389-409 (2004)papers.cfm

  • Locke v. Davy in Historical Perspective: A Brief Introduction, 40 Tulsa Law Review 219-225 (2004)papers.cfm

  • Editor, The Docket, (a proprietary Online Content Management System), Seattle University School of Law, Seattle, WA, 2002-2004

  • Seattle University School of Law Style Guide, Seattle University School of Law, Seattle University, Seattle, WA, 2002-2004

  • FREDERICK L. HOFFMAN, RACE TRAITS AND TENDENCIES OF THE AMERICAN NEGRO. Introduction to reprint edition. (Lawbook Exchange, 2004)

  • Letter: Letters to the Public Editor: Other Voices: Some Dissenting Views From Readers, N.Y. Times, Feb. 22, 2004, at WK-2

  • Letter: Forced Marriage?, The Advocate, Feb. 17, 2004, at 4

  • The New Bill to Protect the Gun Industry from Lawsuits: How It Strikes at the Heart of Age-Old Tort Law Principles, Findlaw’s Writ, Legal Commentary (online) (Feb. 12, 2004) (with Anthony Sebok)20040223_lytton.html

  • ENCYCLOPEDIA OF THE HARLEM RENAISSANCE. Co-edited with Cary D. Wintz. 2 vols. New York: Routledge, 2004

  • Revision Author, Article 31: Disclosure in NEW YORK CIVIL PRACTICE: CPLR, 2nd ed. (Weinstein, Korn and Miller) (Matthew Bender, 2003)

  • Handling Big Cases in Law School Clinics, or Lessons from My Clinic Sabbatical, 9 Clinical Law Review 879 (2003)

  • Rolling John Bingham in his Grave: the Rehnquist Court Makes Sport with the 14th Amendment, 36 Akron L. Rev. 411 (2003)

  • Progressive Federalism? A Gay Liberationist Perspective, 66 Albany Law Review 719 (2003)

  • Nguyen v. INS and the Application of Intermediate Scrutiny to Gender Classifications: Theory, Practice, and Reality, 30 Pepperdine Law Review 185 (2003)nguyenvinsandtheapplication.pdf

  • Critical Praxis, Spirit Healing and Community Activism: Preserving a Subversive Dialogue on Reparations, 58 New York University Annual Survey of American Law 659 (2003)papers.cfm

  • The Empirical Basis of First Amendment Principles, 19 Journal of Law and Politics 145 (2003) (with David Schultz)

  • Judicially Straight? Boy Scouts v. Dale and the Missing Scalia Dissent, 76 Southern California Law Review 521 (2003)

  • Judicial Politics? What is New?, The Christian Science Monitor, September 24, 2003, at 9

  • Toward One Competitive and Fair Mortgage Market: Suggested Reforms in A Tale of Three Markets Point in the Right Direction, 82 Tex. L. Rev. 421 (2003)

  • Twists and Turns in Conflict of Interest Area, 230 (no. 44) New York Law Journal (Special Section on New York Court of Appeals) S9 (September 2, 2003)

  • Letter: Affirmative Action and the Constitution, Washington Post, July 1, 2003, at A12

  • Women's Human Rights and the Conversation Across Cultures, 67 ALBANY LAW REVIEW (2003) 609

  • Teaching Professionalism in Context: Insights from Students Clients, Adversaries and Judges, 55 South Carolina Law Review 304 (2003) (with Gina Calabrese and Theresa Hughes)papers.cfm

  • Revised Chapter 19: Revocable Trusts, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2003)

  • Revised Chapter 18: Retirement and Estate Planning, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2003)

  • Richard C. Wesley: Voting and Opinion Patterns on the New York Court, 66 Albany Law Review 1065 (2003) (with Todd A. Ritschdorff and Erika L. Bergen)

  • Bete Noire: How Race-Based Policing Threatens National Security, 9 Michigan Journal of Race & Law 149 (2003)papers.cfm

  • The Information Semicommons, 18 Berkeley Tech. L.J. 1127 (2003)papers.cfm

  • Dealing with Uncommon Ground: The Place of Legal Constructivism in the Social Construction of Nature, 21 Virginia Environmental Law Journal 387 (2003)papers.cfm

  • Evidence (2001-2002 Survey of New York Law), 53 Syracuse Law Review 539 (2003)papers.cfm

  • Using Expert Testimony as a Basis for the Invocation of Res Ipsa Loquitor,(Fall 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)hutter-on-evidence-using-expert-testimony-2003.pdf

  • Plaintiff's Pre-Trial Statements and Expressions of Physical Sensations and Condition: The Questionable Status of New York's Rules Governing Their Admissibility, (Spring 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)hutter-plaintiff-pretrial-statements-2003.pdf

  • Hospital Records Entries, (Summer 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)hutter-on-evidence-hospital-record-entries-2003.pdf

  • Chapters 2, 30, and 31 of the LIFE INSURANCE ANSWER BOOK, 2003 Supplement (Panel, 2003)

  • Focus On...Compensation Definitions for Retirement Plans,11(no.1) Journal of Pension Benefits 40 (2003)papers.cfm

  • Focus On...Notice of Reductions in Benefit Accruals, 10(no.4) Journal of Pension Benefits 32 (2003)papers.cfm

  • 2004 Supplement to THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 2nd ed., (Aspen, 2003) (with Sean Hornbeck)

  • Recent Developments Relating to Physician-Assisted Suicide, 8(no.1) New York State Bar Association Health Law Journal 40 (2003)papers.cfm

  • Focus On...Prohibited Transactions, Part II,10(no.3) Journal of Pension Benefits 44 (2003)papers.cfm

  • Focus On...Prohibited Transactions, Part I,10(no.2) Journal of Pension Benefits 91 (2003)papers.cfm

  • Pension Reform Proposals, inNEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2003 (Matthew Bender, 2003)

  • Special Issues Regarding Life Insurance, Annuities and Retirement Benefits, 36 (no.2) NYSBA Trusts and Estates Law Section Newsletter 17 (2003)papers.cfm

  • The Dream of Interpretation (Symposium: Beyond Right and Reason: Pierre Schlag, the Critique of Normativity, and the Enchantment of Reason) 57 (no.3) University of Miami Law Review 685 (April 2003)papers.cfm

  • What will Mr. Bush's war achieve, distributed by Knight-Ridder/Global Beat, March 17, 2003 Newsprint version: Norwalk, Ct HOUR, Monday, March 17, 2003, as Bush's War Will Make World a Riskier Place

  • Behind the Wall of Sleep, 15 Law & Literature 421 (2003)behindthewallofsleep.pdf

  • Amusing Monsters (Symposium: Voters and Voices: Reevaluation in the Aftermath of the 2000 Presidential Election), 23 (no.4) Cardozo Law Review 1493 (March 2002)papers.cfm

  • DEFENDING SLAVERY: PROSLAVERY THOUGHT IN THE OLD SOUTH. Boston: Bedford/St. Martin's, 2003

  • The Root of the Problem: How The Proslavery Constitution Shaped American Race Relations, 4 Barry Law Review 1-19 (2003)papers.cfm

  • Limiting Rights in Times of Crisis: Our Civil War Experience - A History Lesson for a Post-9-11 America, 2 Cardozo Public Law, Policy, and Ethics Journal 25-48 (2003).papers.cfm

  • John Bingham and the Background to the Fourteenth Amendment, 36 Akron Law Review 671-692 (2003)papers.cfm

  • Race and Domestic International Law in the United States, 17 National Black Law Journal 25-51 (2003).papers.cfm

  • Cassiopeia (Symposium: To Do Feminist Legal Theory), 9 Cardozo Women's Law Journal 423 (2003)papers.cfm

  • "STREAMS OF TENDENCY" ON THE NEW YORK COURT: IDEOLOGICAL AND JURISPRUDENTIAL PATTERNS IN THE JUDGES' VOTING AND OPINIONS (Wm.S. Hein, 2003)

  • Holes in Bush's State of the Union, distributed by Knight-Ridder/Global Beat, January 29, 2003 Newsprint version: Frederick, MD NEWS-POST, February 1, 2003

  • A Better Way to Combat Terrorism: We don't have to sacrifice civil liberties in order to feel safe, distributed by Knight-Ridder/Global Beat, January 27, 2003

  • Lawyers' Rights, Not Duties, Considered, 28 (no. 67) New York Law Journal (Special Section on New York Court of Appeals) S8 (2002)

  • The Poetics of Colorlined Space in CROSSROADS, DIRECTIONS AND A NEW CRITICAL RACE THEORY, pp.97-158 (Francisco Valdes et al eds.) (Temple University Press, 2002)thepoeticsofcolorlinedspace.pdf

  • Technology Raises Risk of Tyranny, Op Ed, LA Times, Dec. 5 2002 [reprinted, inter alia, in the Chicago Tribune]

  • THE LIBRARY OF CONGRESS CIVIL WAR DESK REFERENCE. Co-edited with Margaret Wagner and Gary W. Gallagher. New York: Simon and Schuster, 2002

  • Neither Side Right on Grunow Suit’s Impact, Op-Ed, Palm Beach Post, (November 24, 2002)

  • Same-Sex But Equal: Reformulating the Miscegenation Analogy, 34 Rutgers Law Journal 107 (2002)

  • Equal Opportunity, Individual Liberty and Meritocracy in Education: Reinforcing Structures of Privilege and Inequality, 9 Georgetown Journal on Poverty Law and Policy 227 (2002)

  • Districting and the Meanings of Pluralism: The Court's Futile Search for Standards in Kiryas Joel, in THE U. S. SUPREME COURT AND THE ELECTORAL PROCESS, 2nd ed. (Georgetown University Press, 2002) (David Ryden, ed.) (revision of article appearing in the 2000 ed.) papers.cfm

  • Letter: Scope of gay rights bill reflects practical reality, Albany Times Union, Nov. 6, 2002, at A6

  • Letter: Judge was right in recent ruling, Albany Times Union, Oct. 12, 2002, at A6

  • Tears for Tiers on the Rehnquist Court, 4 University of Pennsylvania Journal of Constitutional Law 350 (2002)

  • Editor, Ipso Facto (quarterly library newsletter), Howard University Law Library, Washington, DC, 2000-2002

  • Discriminatory Treatment on the Roadways: Pretextual Traffic Stops of Middle Easterners After People v. Robinson, 4 Government Law and Policy Journal 41 (2002)papers.cfm

  • Freestyle Lawyering: Taking an Expedited Appeal in the New York State Courts, 4 Journal of Appellate Practice and Process 243 (2002) papers.cfm

  • Court of Appeals Update, 2000 & 2001: Conservative Voting, Narrow Rulings, 65 Albany Law Review 1085 (2002) (with Kelly M. Galligan)

  • Can't You See What I'm Saying? Making Expressive Conduct a Crime in High-Crime Areas, 9 Georgetown Journal on Poverty Law & Policy 135 (2002)

  • MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS (editor/chapter author), NYS Department of Civil Service (2002)

  • Public Deposits and Investments: A Review of Investment and Banking Law as Applied to Local Governments, Government Law Center of Albany Law School (2002)

  • Some Pragmatic Observations About Radical Critique in Environmental Law, 21 Stanford Environmental Law Journal 225 (2002), reprinted in ENVIRONMENTAL ETHICS AND LAW (Goldstein, ed. 2004)papers.cfm

  • Accident Reports and the Business Records Hearsay Exception: The Johnson v Lutz Judicially Created Requirement, (Winter 2002) New York State Trial Lawyers Association Bill of Particulars (2002)hutter-on-evidence-accident-reports-2002.pdf

  • Toure v. Avis and the Serious Injury Threshold: The Court of Appeals Giveth and Taketh Away, But Giveth More, (Fall 2002) New York State Trial Lawyers Association Bill of Particulars 39 (2002)hutter-toure-v-avis-rent-a-car-systems-2002.pdf

  • Evidence, (2000-2001 Survey of New York Law), 52 Syracuse Law Review 397 (2002)papers.cfm

  • Tyrrell v. Wal-Mart Admissibility of Employee Statement Regarding Spills in Slip and Fall Cases, (Summer 2002) New York State Trial Lawyers Association Bill of Particulars 55 (2002)hutter-tyrrell-v-walmart-2002.pdf

  • Chapter: Conduct of the Hearing in MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS, rev. ed. (R. Heverly, ed.) (New York State Dept. of Civil Service, 2002)papers.cfm

  • Appendix A: Evidence in MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS, rev. ed. (R. Heverly, ed.) (New York State Dept. of Civil Service, 2002)

  • NO-FAULT SERIOUS INJURY (National Law Foundation, 2002)

  • 2002 Update to NO FAULT CASE HANDBOOK (New York State Bar Association)

  • "Shall not the Judge of the Earth Deal Justly?": Accountability, Compassion, and Judicial Authority in the Biblical Story of Sodom and Gomorrah, 18 Journal of Law & Religion 31 (2002-2003) papers.cfm

  • Should Government be Allowed to Recover the Costs of Public Services from Tortfeasors?: Tort Subsidies, the Limits of Loss Spreading, and the Free Public Services Doctrine, 76 Tulane Law Review 727 (2002) papers.cfm

  • Focus On...The Department of Labor Regulations on Summary Plan Descriptions and Claims Procedures, 10 (no. 1) Journal of Pension Benefits 15 (2002)papers.cfm

  • THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK, 2nd ed., (Panel, 2002) (with Sean Hornbeck)

  • Focus On...Rollovers, 9(no. 4) Journal of Pension Benefits 7 (2002)papers.cfm

  • The New Minimum Distribution Regulations, 9 (no. 4) Journal of Pension Benefits 49 (2002)papers.cfm

  • Focus On...Catch-Up Contributions, 9 (no. 3) Journal of Pension Benefits 37 (2002)papers.cfm

  • Retirement Plan Assets in Bankruptcy, 35(no. 2) Trusts and Estates Law Section Newsletter (New York State Bar Association) 40 (2002)papers.cfm

  • Recent Developments and Proposed Regulations Make 457 Plans More Attractive, 32(no. 5) American Society of Pension Actuaries Journal 8 (2002) (with Lensander and Givon)papers.cfm

  • Pension Simplification, 35 (no.4) John Marshall Law Review 565 (2002)papers.cfm

  • Simplifying Defined Benefit Plans, in NEW YORK UNIVERSITY REVIEW OF EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 2002 (Matthew Bender, 2002)

  • Update to Chapter 13: Retirement Plans, in NEW YORK ELDER LAW (PLI, 2002)

  • Focus On...The Uniformed Services Employment and Reemployment Rights Act-Part I, 9 (no. 3) Journal of Pension Benefits 3 (2002) (with Heather Ross)papers.cfm

  • Focus On...Pension Simplification, 9 (no. 2) Journal of Pension Benefits 8 (2002) papers.cfm

  • 2002 Supplement, THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK (Panel Publishers, 2002) (with Hornbeck)

  • Updates to chapters 2, 30, and 31 in THE LIFE INSURANCE ANSWER BOOK, 3rd ed., 2002 (Lesser and Starr, eds.) (Panel Publishers, 2002)

  • Script Editor, "Lexis Training for First Year Law Students," Howard University School of Law, Washington, DC, January 2002

  • Outside Counsel, New Written Letter of Engagement Rules, 227 (no. 41) New York Law Journal 1 (March 4, 2002)

  • Incumbents Rule National Law Journal, February 25, 2002 Variants of the preceding article were also published as Stop 'Safe' Districting, in: Broward Daily Business Review, March 4, 2002, at A11 Miami Daily Business Review, March 4, 2002 at A11 Palm Beach Daily Business Review, March 4, 2002 at A11

  • A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES. With Melvin I. Urofsky. 2 vols. New York: Oxford, 2002

  • Picture Perfect: The First Amendment Trumps Congress in Ashcroft v. Free Speech Coalition, 38 Tulsa Law Review 243-261 (2002)papers.cfm

  • Baseball and the Rule of Law Revisited, 25 Thomas Jefferson Law Review 17-52 (2002)papers.cfm

  • Fugitive Baseballs and Abandoned Property: Who Owns the Home Run Ball?, 23 Cardozo Law Review 1609-1633 (2002)papers.cfm

  • Speech, Press and Democracy, 10 William & Mary Bill of Rights Journal 813-826 (2002)

  • Joseph Story and the Problem of Slavery: A New Englander's Nationalist Dilemma, 8 Massachusetts Legal History 65-84 (2002)papers.cfm

  • The Proslavery Origins of the Electoral College, 23 Cardozo Law Review 1145-1157 (2002)papers.cfm

  • Script Editor, "Westlaw Training for First Year Law Students," Howard University School of Law, Washington, DC, January 2002

  • Incumbency Protection Assured, in Harrisburg, Pa Patriot News, Thursday, Dec. 13, 2001 at A25

  • Private Matters: Family Race and the Post-World-War-II Translation of "American", 46 International Review of Social History 209 (2001)papers.cfm

  • Safe Districts: Good for Politicans, Bad for America, in Philadelphia Daily News, Wednesday, November 28, 2001 at 17

  • Why Interstate Containment of Same-Sex Marriage Is a Good Interim Policy, (Fall/ Winter 2001) Albany Law School Magazine 14 (2001)

  • Lacan & Voting Rights (Symposium: Cultural Studies & the Law: Beyond Legal Realism?) 13 Yale Journal of Law and Humanities 283 (2001), Reprinted in CULTURAL ANALYSIS, CULTURAL AND THE LAW: MOVING BEYOND LEGAL REALISM (Austin Sarat & Jonathan Simon eds.) (Duke University Press, 2003)papers.cfm

  • Queer Recount, 64 Albany Law Review 889 (2001) papers.cfm

  • Brown v. Board of Education and the Application of American Tradition to Racial Division, 34 Suffolk University Law Review 281 (2001)papers.cfm

  • Safe Districts Are Good for Politicians but Bad for America, in Syracuse Post-Standard, Sunday, Nov. 11, 2001, at D3

  • SPECIAL EDUCATION LAW 2nd ed. (Carolina Academic Press, 2001) (with Kathe Klare)

  • A Well Regulated Militia: The Second Amendment in Historical Perspective, in THE SECOND AMENDMENT IN LAW AND HISTORY: HISTORIANS AND CONSTITUTIONAL SCHOLARS ON THE RIGHT TO BEAR ARMS 117-148 (Carl T. Bogus, ed.) (The New Press, 2000)

  • Florida vs. the Supremes: The State High Court's Supreme Efforts Thwarted in the 2000 Election, 3 Government, Law and Policy Journal (New York State Bar Association, Committee on Attorneys in Public Service) 11 (2001)

  • Rulings Provide Instruction in Varied Situations, 226 (no. 64) New York Law Journal (Special Section on New York Court of Appeals) S12 (October 1, 2001)

  • A New Home for the Howard University Law Library, Law Library Lights 16 (Fall 2001)

  • Payday Loans: A High Cost for a Small Loan in Low-Income and Working Communities, 34 Clearinghouse Rev. 589 (2001) (co-author: Jean Ann Fox)

  • Albany Law School on the High Court, 64 Albany Law Review 1155 (2001)

  • From Gender Apartheid to Non-Sexism: The Pursuit of Women's Rights in South Africa, 26 North Carolina Journal of International Law and Commerical Regulation 694 (2001)

  • SPECIAL EDUCATION LAW, 2nd ed., (Carolina Academic Press, 2001) (with Thomas F. Guernsey)

  • ALS on the High Court, Albany Law School Magazine 18 (Spring/Summer 2001)

  • Public Law at the New York Court of Appeals: An Update on Developments, 2000, 64 Albany Law Review 1355 (2001) (with Amanda Hiller)

  • Racial Releases, Involuntary Separations and Employment-At-Will, 34 Loyola of Los Angeles Law Review 101 (2001)

  • Technology Property: Instant Messaging for Lawyers, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), May/June 2001

  • The Prima Facie Burden and the Vanishing SEPA Threshold: Washington's Emerging Preference for Efficiency Over Accuracy, 37 Gonzaga Law Review 403 (2001/2002)papers.cfm

  • The Gap Between Informational Goals and the Duty to Gather Information: Challenging Piecemealed Review under the Washington State Environmental Policy Act, 25 Seattle University Law Review 343 (2001)papers.cfm

  • EMPLOYEE COVENANTS-NOT-TO-COMPETE (Albany Law School, Institute of Legal Studies, 2001)

  • CUSTOMIZING IRA BENEFICIARY DESIGNATIONS, A REPORT FOR THE COMMITTEE ON LIFE INSURANCE AND EMPLOYEE BENEFITS, TRUSTS & ESTATES LAW SECTION (New York Bar Association, 2001) also published at 34(no.4) New York State Bar Association Trusts and Estates Law SectionNewsletter 16 (2001)

  • Focus On...The Pension Provisions of EGTRRA, 9 (no. 1) Journal of Pension Benefits 49 (2001) papers.cfm

  • Focus On...Required Minimum Distributions, 8 (no. 4) Journal of Pension Benefits 12 (2001) papers.cfm

  • Focus On...Qualified Replacement Plans, 8 (no. 3) Journal of Pension Benefits 3 (2001)papers.cfm

  • Focus On...Beneficiary Designations for IRAs, 8 (no. 2) Journal of Pension Benefits 47 (2001)papers.cfm

  • Nor Rhyme Nor Reason: Simplifying Defined Contribution Plans, 49 Buffalo Law Review 741 (2001)papers.cfm

  • 2001 Supplement THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK (Panel Publishers, 2001) (with Sean Hornbeck)

  • Fulton County Daily Report , April 13, 2001

  • The High Court's Hidden Agenda, New York Law Journal, April 10, 2001

  • The Amoral Court, JURIST.law.pitt.edu, April 5, 2001 forumnew20.HTM

  • Technology Property: Pitfalls of Exchanging Documents Electronically, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), January/February 2001

  • Lilies of the Field: A Critique of Adjudication (Critical Legal Studies {Debut de Siecle} (Symposium: On Duncan Kennedy's a Critique of Adjudication) 22 Cardozo Law Review, 1013 (2001)papers.cfm

  • Court's Moral Wreck, National Law Journal A18, Monday, January 29, 2001

  • Working Across Borders: Global Restructuring and Women's Work, 2001 Utah Law Review 1 (2001)

  • When There Is No Winner to Take All: Salvaging Political Legitimacy by Splitting Florida's Electoral Votes (Commentary on JURIST: The Legal Education Network)

  • SLAVERY AND THE FOUNDERS: RACE AND LIBERTY IN THE AGE OF JEFFERSON. 2nd ed., Armonk, NY: M.E. Sharpe, 2001

  • THE ENCYCLOPEDIA OF AMERICAN POLITICAL HISTORY. Co-edited with Peter Wallenstein. Washington, DC: Congressional Quarterly Press, 2001

  • ENCYCLOPEDIA OF THE UNITED STATES IN THE NINETEENTH CENTURY. 3 Vols. Editor-in-Chief. New York: Charles Scribner's Sons, 2001

  • Taking Aim at an American Myth, 99 Michigan Law Review 1500-1519 (2001)

  • The Founders and Slavery: Little Ventured, Little Gained, 13 Yale Journal of Law and the Humanities 413-449 (2001)papers.cfm

  • Turning Losers into Winners: What Can We Learn, If Anything, From the Antifederalists? 79 Texas Law Review 849-894 (2001)

  • Garrison's Constitution: The Covenant with Death and How It Was Made, 32 PROLOGUE 230-245

  • Legal Ethics - Practical Considerations, in NAVIGATING THROUGH THE NEW YORK STATE & FEDERAL COURTS 2000: UNDERSTANDING THE PRACTICAL APPLICATION OF CIVIL PROCEDURE (New York, Practising Law Institute, 2000)

  • Co-Editor, REPRESENTING PEOPLE WITH DISABILITIES, 3rd ed. (New York State Bar Association, 2000), and 2003 Supplement

  • Ethical Conflicts in Representing People with Questionable Capacity, in REPRESENTING PEOPLE WITH DISABILITIES, 3rd ed. (New York State Bar Association, 2000) (with Patricia W. Johnson), and 2003 Supplement

  • John Hope Franklin, in CLIO'S FAVORITES: LEADING HISTORIANS OF THE UNITED STATES 1945-2000 49-67 (Robert Allen Rutland, ed.) (University of Missouri Press, 2000)papers.cfm

  • Bush Hasn't Learned Yet That Speed Kills, The Boston Globe, A19, November 25, 2000

  • Professional Responsibility, 1998-1999 Survey of New York Law, 50 Syracuse Law Review 827 (2000)

  • The Passing of the Cardozo Generations, 34 Akron Law Review 283 (2000)papers.cfm

  • Commitments Realized in the Flesh: Liberalism and the Tortured Body in International Law, 93 Proceedings of the American Society of International Law 352 (2000)

  • Communities in the Balance: Comments on Koch, 37 Houston Law Review 711 (2000)papers.cfm

  • MORALITY IMPOSED: THE REHNQUIST COURT AND LIBERTY IN AMERICA (New York University Press, 2000)papers.cfm

  • IMPEACHABLE OFFENSES: A DOCUMENTARY HISTORY FROM 1787 TO THE PRESENT. With Emily Van Tassel. Washington, DC: Congressional Quarterly Press, 1998.

  • No Exit? 9 Boston College School Magazine 4 (Fall 2000) Reprinted in 2001 SALT Equalizer, Issue 3 (October 2001)noexit.pdf

  • Flying Buttresses, 49 De Paul Law Review 693 (2000)papers.cfm

  • Site Development Plan Review, in NEW YORK ZONING LAW AND PRACTICE (Salkin, editor) (West 2000)

  • Letter: If It Walks Like a Bigot..., Washington Post, Jun. 25, 2000, at B06

  • Remarks on the Third World and International Law: Voices from the Margins, 94 American Society of International Law Proceedings, 51 (2000)remarksonthethirdworldandinternationallaw.pdf

  • Technology Property: Technofears and Modern Law Practice, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), May/June 2000

  • The Lawyer's License to Discriminate Revoked: How a Dentist Put Teeth in New York's Anti-discrimination Disciplinary Rule, 64 Albany Law Review 153 (2000)lawyerslicensetodiscriminaterevoked.pdf

  • Building Pediatric Law Careers: The University of Michigan Law School Experience, 34 Family Law Quarterly 531 (2000) with S. Scarnecchia, F. Vandervort, and N. Woloshinpapers.cfm

  • Tribute to Chief Judge Lawrence H. Cooke: 1914-2000, 64 Albany Law Review 1 (2000)

  • Tribute to Chief Judge Lawrence H. Cooke: 1914-2000, 2 (no.2) Government, Law & Policy Journal 8 (2000)

  • The Diallo Case, "People v. Boss": Panel Discussion, 63 Albany Law Review 969 (2000)

  • Litigating Labor Rights, 94 Proceedings of the American Society of International Law 151 (2000)

  • The Application of Labor Relations and Discrimination Statutes to Lay Teachers at Religious Schools: The Establishment Clause and the Pretext Inquiry, 64 Albany Law Review 629 (2000)papers.cfm

  • The GST Tax Tail is Killing the Rule against Perpetuities, 87 (no.4) Tax Notes 569 (April 24, 2000)papers.cfm

  • How Good is an Old Water Right? The Application of Statutory Forfeiture Provisions to Pre-Code Water Rights, 4 University of Denver Water Law Review 1 (2000) (Co-authored with Janet C. Neuman)papers.cfm

  • Lawsuits Against the Gun Industry: A Comparative Institutional Analysis, 32 Connecticut Law Review 1247 (2000) UConn%20Gun%20article.pdf

  • Tort Claims Against Gun Manufacturers for Crime-Related Injuries: Defining a Suitable Role for the Tort System in Regulating the Firearms Industry, 65 Missouri Law Review 1 (2000) Tort-Claims-Against-Gun-Manufacturers-Missouri-Law-Rvw.pdf

  • Focus on...The New Proposed Regulations Under Section 411(d)(6) of the Internal Revenue Code, 8 (no. 1) Journal of Pension Benefits 33 (2000) papers.cfm

  • Focus on...Welfare Benefit Funds, 7 (no. 4) Journal of Pension Benefits 49 (2000)papers.cfm

  • Chapter 13: Retirement Plans, in NEW YORK ELDER LAW (Practising Law Institute, 2000)

  • Focus on...Cash Balance Plans, 7(no. 3) Journal of Pension Benefits 34 (2000)papers.cfm

  • Chapter 1: Simplifying Section 411(d)(6) of the Internal Revenue Code, in 58 NEW YORK UNIVERSITY - PROCEEDINGS OF THE FIFTY-EIGHTH INSTITUTE ON FEDERAL TAXATION: EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION 1-1 (Matthew Bender & Company, 2000)

  • Focus on...COBRA Continuation Coverage Requirements for Group Health Plans (Part II), 7 (no.2) Journal of Pension Benefits 47 (2000)papers.cfm

  • THE SOCIAL SECURITY AND MEDICARE ANSWER BOOK (Aspen Publishers) (2000) (with Sean Hornbeck)

  • The Son Returns, 26 (no. 2) Black Warrior Review 166 (2000)papers.cfm

  • Book Review, reviewing Lander, U.S. SECURITIES LAW FOR INTERNATIONAL FINANCIAL TRANSACTIONS AND CAPITAL MARKETS (West Group, 1999), 4 (no. 1) New York Business Law Journal 41 (2000)

  • The Constitutional Court Provides Succor for Victims of Domestic Violence: S v Baloyi, 16 South African Journal of Human Rights (2000)

  • RELIGION AND AMERICAN LAW: AN ENCYCLOPEDIA. Editor. New York: Garland, 2000

  • A Well Regulated Militia: The Second Amendment in Historical Perspective, 76 Chicago-Kent Law Review 195-236 (2000)papers.cfm

  • You Can't Always Get What You Want . . .: Presidential Elections and Supreme Court Appointments, 35 Tulsa Law Journal 473-483 (2000)papers.cfm

  • Teaching Slavery in American Constitutional Law, 34 Akron Law Review 261-282 (2000)papers.cfm

  • On Cinqué and the Historians, 87 THE JOURNAL OF AMERICAN HISTORY 940-946 (2000)

  • Technology Property: Finding and Using Forms on the Internet, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), January/February 2000

  • Professional Responsibility, 1997-1998 Survey of New York Law, 49 Syracuse Law Review 679 (1999)

  • Sadomasochism and the Colorline: Reflections on the Million Man March in BLACK MEN ON RACE, GENDER and SEXUALITY: A CRITICAL READER, pp. 68-84 (Devon Carbado ed.) (New York University Press, 1999)sadomasochismandthecolorline.pdf

  • Building Peace by Teaching Mediation: A New Model of Law and Development, 17 In Brief 13 (1999)

  • Negocjacje: Teoria, Praktyka i Nauka, (Negotiation: Theory, Practice and Teaching) in EDUKACJA PRAWNICZA (1999)

  • THOMAS R.R. COBB, AN INQUIRY INTO THE LAW OF NEGRO SLAVERY IN THE UNITED STATES OF AMERICA. AN HISTORICAL SKETCH OF SLAVERY. Introduction to reprint edition. (University of Georgia Press, 1999)

  • Wireless Facilities Siting: National Protections, Local Control, CCH Power and Telecom Law, vol. 2, no. 6 (September/October 1999)

  • Siting of Wireless Telecommunications Facilities, in NEW YORK ZONING LAW AND PRACTICE (Salkin, editor) (West 1999)

  • Land Use Law Sites on the World Wide Web, ABA State and Local Law Section Land Use Law Update (1999)

  • Addressing the Unique Mental Health Needs of Female Inmates with HIV: What Services are Required under the Constitution and the Americans with Disabilities Act?, 6 William & Mary Journal of Women and the Law 215 (1999)

  • Chapter 8: Whistleblower Law and Ethics, in ETHICAL STANDARDS IN THE PUBLIC SECTOR: A GUIDE FOR GOVERNMENT LAWYERS, CLIENTS, AND PUBLIC OFFICIALS, (Patricia Salkin, Government Law Center, Albany Law School, ed.) (American Bar Association, Section of State and Local Government Law, 1999)

  • Book Review, reviewing ALL THE LAWS BUT ONE: CIVIL LIBERTIES IN WARTIME by William H. Rehnquist, 221 (no. 21) New York Law Journal 2 (Feb. 2, 1999)

  • Ways the legal profession can make use of the Internet, The Business Review (Albany), April 26, 1999

  • Federal Preemption of Local Zoning, Sub-committee Report Urban Lawyer (Land Use Regulation Committee, ABA State and Local Government Law Section) (1999)

  • A Private Letter Ruling May Offer New Compensation Planning Opportunities, 10(no.4) Journal of Taxation of Exempt Organizations 169 (1999)aprivateletterrulingmayoffernew.pdf

  • Focus on...COBRA Continuation Coverage Requirements for Group Health Plans (Part I), 7 (no.1) Journal of Pension Benefits 57 (1999)papers.cfm

  • Focus On . . .Employment Taxation of Deferred Compensation, 6 (no.4) Journal of Pension Benefits 44 (1999)focusonemploymenttaxationofdeferredcompensation.pdf

  • Focus On . . .Qualified Domestic Relations Orders, 6 (no.3) Journal of Pension Benefits 40 (1999) focusonqualifieddomesticrelationsorders.pdf

  • Focus On . .. Safe Harbor §401(K) Plans, 6 (no.2) Journal of Pension Benefits 47 (1999)papers.cfm

  • Chapter 3: Taxation of Regular Corporations, in TAXATION FOR THE GENERAL PRACTITIONER (New York State Bar Association, 1999)

  • Simplifying Retirement Plan Distributions, inNEW YORK UNIVERSITY 57TH INSTITUTE ON FEDERAL TAXATION, EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION (1999) (with Diane Bennett)

  • Too Many Physicians: Physician-Assisted Suicide after Glucksberg/Quill, 9 (no.2) Albany Law Journal of Science and Technology 161 (1999)papers.cfm

  • Numbers, 75 Virginia Quarterly Review 385 (1999)papers.cfm

  • Thomas R.R. Cobb and the Law of Negro Slavery, 5 Roger Williams Law Review 75-115 (1999).

  • Cultural Speech and Political Speech in Historical Perspective, 79 Boston University Law Review 717-743 (1999).papers.cfm

  • Affirmative Action for the Master Class: The Creation of the Proslavery Constitution, 32 Akron Law Review 423-470 (1999).papers.cfm

  • Faith, Hope and Charity 24 (no. 2) Boston Review (April/May 1999) Reprinted in URGENT TIMES: POLICING AND RIGHTS IN INNER-CITY COMMUNITIES, pp. 89-92 (Joshua Cohen & Rogers, eds.) (Beacon Press, 1999) faithhopeandcharity.pdf

  • Letter: Racism and the Bar, New York Times, Feb. 19, 1999, at A22

  • Remarks during Symposium: Is There a Constitutional Right to Vote and Be Represented? The Case of the District of Columbia, hosted by the American University Law Review and the Program on Law and Government of the Washington College of Law, 48 American University Law Review 674-679, 700-704 (1999)papers.cfm

  • Affirmative Action in South Africa: Transformation or Tokenism Law In Context Vol. 2, 15 (1999)

  • Thirteen Stories (Symposium: The Salience of Race: Race in America), 15 Touro Law Review 543 (1999)thirteenstories.pdf

  • Editor-in-Chief, Government, Law and Policy Journal (semiannually, vol.1- , 1999-continuing)

  • Editor's Foreword, Government, Law and Policy Journal (semiannually, vol.1-, 1999-continuing)

  • MACMILLAN ENCYCLOPEDIA OF WORLD SLAVERY. 2 Vols. Co-edited with Joseph C. Miller. New York: Macmillan, 1998.

  • Legal and Ethical Issues, in THE PRIMARY CARE OF NEUROLOGICAL DISORDERS, A. John Popp, ed. (The American Association of Neurological Surgeons, 1998)

  • Professional Responsibility, 1996-1997 Survey of New York Law, 48 Syracuse Law Review 793 (1998)

  • All Flesh Shall See it Together (Symposium: Difference, Solidarity and Law: Building Latina/o Communities Through LatCrit Theory), 19 Chicano-Latino Law Review 163 (1998) papers.cfm

  • Falling From Grace: A Meditation on LatCrit II, 19 Chicano-Latino Law Review 437 (1998)papers.cfm

  • Legal Functionalism and Social Change: A Reassessment of Rosenberg's "The Hollow Hope" (with D. Schultz) in LEVERAGING THE LAW: USING THE COURTS TO ACHIEVE SOCIAL CHANGE (P. Lang, 1998), (David Schultz, ed.)

  • Legal Functionalism and Social Change: A Reassessment of Gerald Rosenberg, "The Hollow Hope: Can Courts Bring About Social Change?" 12 Journal of Law and Policy 63 (1998)(with David Schultz)papers.cfm

  • ADMISSIBILITY OF EVIDENCE IN VIRGINIA A MANUAL FOR VIRGINIA TRIAL LAWYERS. 2d ed. (Norcross, GA., Harrison Co., 1998) (with Ronald J. Bacigal & Joseph S. Tate)

  • Section 704 of the Telecommunications Act of 1996: An Update on Zoning and Wireless Facilities, Urban Lawyer (Fall 1998), (Co-author with D. Pugh & R. Foster)

  • Less Than Six Degrees of Separation: Consumer Law Connections to Your Practice, 31 Clearinghouse Rev. 584 (March/April 1998), 31 Clearinghouse Rev. 3 (May/June 1998) (co-author: Deanne Loonin)

  • Who's in Charge Anyway? A Proposal for Community-Based Legal Services, 25 Fordham Urban Law Journal 831 (1998) (with Robert Solomon and Robin Golden)

  • Contributor, HISTORICAL DICTIONARY OF AMERICAN RADIO Godfrey & Leigh (Greenwood Publ. 1998)

  • Training helps employees overcome 'technophobia', The Business Review (Albany), July 13, 1998

  • HENRY ST. GEORGE TUCKER. COMMENTARIES ON THE LAWS OF VIRGINIA. Introduction to reprint edition, with David Cobin. 2 vols. (Lawbook Exchange, 1998).

  • Legal Issues in the Education of Serious Emotionally Disturbed and Behavior Disordered Youth in CONTEMPORARY INTERDISCIPLINARY INTERVENTION 297 (1998)

  • Between Scylla and Charybdis: Anarchy, Tyranny and the Debate over a Bill of Rights, in THE BILL OF RIGHTS: GOVERNMENT PROSCRIBED 103-74 (Ronald Hoffman and Peter J. Albert, eds.) (University Press of Virginia, 1997)papers.cfm

  • Constitutional Law: Many Constitutional Challenges Fail, 220 (no. 67) New York Law Journal S3 (Oct. 5, 1998)

  • Technology/Property: Law Practice on the World Wide Web, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), May/June 1998

  • The Problem of Slavery in the Age of Federalism, in FEDERALISTS RECONSIDERED 135-156 (Doron Ben-Atar and Barbara Oberg, eds.) (Univ. Press of Virginia, 1998)papers.cfm

  • Contents of Writing, Recordings, and Photographs, in EMERGING PROBLEMS WITH THE FEDERAL RULES OF EVIDENCE, 3rd ed., (Lexis, 1998) at 387hutter-emerging-problems-under-federal-rules-1998.pdf

  • Halberstam v. Daniel and the Uncertain Future of Negligent Marketing Claims Against Firearms Manufacturers, 64 Brooklyn Law Review 681 (1998)Halberstam-v-Daniel-Brooklyn-Law-Rvw.pdf

  • Administrative Practice Before the New York State Department of Taxation and Finance, in Borchers and Markell NEW YORK STATE ADMINISTRATIVE PROCEDURE AND PRACTICE, 2nd ed. (West Publishing Company, 1998)

  • Focus On . . .Employee Stock Ownership Plans for S Corporations, 6 (no.1) Journal of Pension Benefits 47 (1998) papers.cfm

  • Focus On . . .Governmental Plans (Part II), 5 (no.4) Journal of Pension Benefits 43 (1998)papers.cfm

  • Focus On . . .Governmental Plans, 5 (no.3) Journal of Pension Benefits 44 (1998)papers.cfm

  • Health Care Policy: What Lessons Have We Learned from the AIDS Pandemic?, 61 (no.3) Albany Law Review 671 (1998)papers.cfm

  • How to Make the Most of Deferred Compensation, 18 (no. 10) Tax Hotline 13 (1998)

  • Editor, Important Developments During the Year, Employee Benefits, 51 Tax Law Review 929 (1998)

  • Identifying Highly Compensated Employees, 5 (no.2) Journal of Pension Benefits 49 (1998)identifyinghighlycompensatedemployees.pdf

  • Chap. 2, Life Insurance Under the IRC, Chap. 30, Life Insurance in Estate Planning, Chap. 31, Estate Planning Techniques in THE LIFE INSURANCE ANSWER BOOK, 2nd ed. (Lesser and Starr, eds.) (Panel, 1998)

  • Editor, New York Business Law Journal, Vol. 1 – 9, (Spring 1998-Spring 2006)

  • FEDERAL SECURITIES LAWS: SELECTED STATUTES, RULES AND FORMS, (Merrill/Magnus Publishing Corporation, 1998) (Editor, with Edward S. Adams and Leonard J. Long)

  • Baseball and the Rule of Law, 46 Cleveland State Law Review 239-59 (1998)

  • Why Study PACs? Review of A. Matasar, CORPORATE PACS AND FEDERAL CAMPAIGN FINANCE LAW, 21 Law and Society Review 907 (1988)

  • The Black Body as Fetish Object (Symposium: Citizenship and its Discontents: Centering the Immigrant in the Inter/National Imagination), 76 Oregon Law Review 457 (1997)papers.cfm

  • Violence and the International Word, 60 Albany Law Review 565 (1997)papers.cfm

  • Ethical Conflicts in Representing People with Questionable Capacity, in REPRESENTING PEOPLE WITH DISABILITIES, 2nd ed. (New York State Bar Association, 1997) (with Patricia W. Johnson)

  • Globalization and the Convergence of Values, 30 Cornell International Law Journal 429 (1997)
     
    papers.cfm

  • Professional Responsibility, 1995-1996 Survey of New York Law, 47 Syracuse Law Review 655 (1997)

  • The Philosophical Gulf on the Rehnquist Court, 29 Rutgers Law Journal 1 (1997)papers.cfm

  • Does Federalism Matter to its Devotees on the Court? 23 Ohio Northern University Law Review 1179 (1997)

  • The Supreme Court Speaks on Physician-Assisted Suicide, 2 (fall) Health Law Journal (New York State Bar Association, Health Law Section)(1997)

  • The Role of Market Forces in Transnational Violence, 60 Albany Law Review 635 (1997)
     
    papers.cfm

  • "Introduction to Part I: Portrayals of Feminism in the Media Feminism" in Law and the Media (Martha Fineman and Martha McCluskey eds., Oxford University Press, 1997)

  • Court of Appeals Bashing: Political Rhetoric, Media Hysteria, and Reality, The Defender 60 (July 1997) (with Judi De Marco)

  • Crimes of Love, Misdemeanors of Passion: The Regulation of Race and Sex in the Colonial South, in THE DEVIL'S LANE: SEX AND RACE IN THE EARLY SOUTH 124-38 (Catherine Clinton and Michele Gillespie, eds.) (Oxford University Press, 1997)papers.cfm

  • ST. GEORGE TUCKER. TUCKER'S BLACKSTONE. Introduction to reprint edition, with David Cobin. 5 vols. (Lawbook Exchange, 1997).

  • Court of Appeals Bashing: a Reality Check, 69 (no. 5) New York State Bar Journal 10 (1997) (with Judi De Marco)

  • State Constitutional Jurisprudence: Decision Making at the New York Court of Appeals (State Constitutional Law: Adjudication and Reform) (Panel Discussion), 13 Touro Law Review 3 (1997)

  • Court Bashing and Reality: A Comparative Examination of Criminal Disposition at the New York Court of Appeals and Neighboring High Courts, 36(no.1) The Judges' Journal (American Bar Association) 8 (1997) (with Judi A. DeMarco)

  • Web poses potential ethics pitfalls for lawyers, The Business Review (Albany), April 25, 1997

  • Rules and Relationships: The Varieties of Wrongdoing in Tort Law, 28 Seton Hall Law Review 359 (1997) Rules-and-Relationships-SHLR.pdf

  • Employees Benefit Changes Under TRA '97, 5 (no.1) Journal of Pension Benefits 46 (1997)papers.cfm

  • Focus On . . .The Effect of USERRA on Retirement Plans, 5 (no.1) Journal of Pension Benefits 25 (1997)papers.cfm

  • Death with Dignity or Unlawful Killing: The Ethical and Legal Debate Over Physician-Assisted Death, 33 (no.3) Criminal Law Bulletin 226 (1997) (with Bonnie Steinbock)deathwithdignityorunlawfulkilling.pdf

  • Focus On . . .Section 411(d)(6) of the Internal Revenue Code, 4 (no. 4) Journal of Pension Benefits 55 (1997)papers.cfm

  • Chap. 2, Life Insurance Under the IRC, Chap. 30, Life Insurance in Estate Planning, Chap. 31, Estate Planning Techniques, in THE LIFE INSURANCE ANSWER BOOK (Lesser and Starr, eds.) (Panel, 1997)

  • Focus On . . .Compensation Definitions for Retirement Plans, 4 (no.3) Journal of Pension Benefits 35 (1997)papers.cfm

  • Focus On . . .SIMPLE Plans, 4 (no. 2) Journal of Pension Benefits 37 (1997)papers.cfm

  • SLAVERY AND THE LAW. Editor and author of two chapters. Madison, WI: Madison House, 1997

  • Prigg v. Pennsylvania: Understanding Justice Story's Pro-Slavery Nationalism, 2 Journal of Supreme Court History 51-64 (1997)

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  • Rights and Freedoms under the State Constitution (symposium participant), 13 Touro L. Rev. 98 (1996)

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  • Focus On . . DOL Issues Guidance on Providing Investment Information to Pension Plan Participants, 4 (no.1) Journal of Pension Benefits 43 (1996)papers.cfm

  • Focus On . . .Limited Liability Companies, 3 (no.3) Journal of Pension Benefits 57 (1996)papers.cfm

  • Focus On . . .Employee Leasing, 3 (no. 2) Journal of Pension Benefits 21 (1996)papers.cfm

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  • Focus on... Tax Sheltered Annuity Plans under Code section 403(b): Part 1-General Rules and Limitations on Contributions, 2 (no.2) Journal of Pension Benefits 49 (1995)papers.cfm

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  • Lotteries and Games of Chance, Broadcasting and the Law: Volume 2, Government Law Center of Albany Law School/New York State Broadcasters Association (1994, revised 2001)

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  • Not Only the Judges' Robes Were Black: African-American Lawyers as Social Engineers, 47 Stanford Law Review 161-209 (1994). Reprinted in THE HISTORY OF LEGAL EDUCATION IN THE UNITED STATES: COMMENTARIES AND PRIMARY SOURCES, vol. 1 (Steve Sheppard, ed., Pasadena, California, Salem Press, 1999): 913-952.papers.cfm

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  • PUBLIC VALUES IN CONSTITUTIONAL LAW (Editor and Contributor) (Ann Arbor, Michigan: University of Michigan Press, 1993)

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  • JURISPRUDENCE: CASES AND MATERIALS (Charlottesville, Virginia: The Michie Company, 1993)

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  • Religious Liberty as American History, 17 (no. 2) Update on Law-Related Education (American Bar Association) 41 (1993)papers.cfm

  • Foreword: Dedication to the Honorable Stewart F. Hancock, Jr., 9 Touro Law Review 545 (1993)

  • Civil Liberties and the Civil War: The Great Emancipator as Civil Libertarian, 91 Michigan Law Review 1353-81 (1993)papers.cfm

  • The Color of Law, 87 Northwestern University Law Review 937-91 (1993)

  • The Second Casualty of War: Civil Liberties and the War on Drugs, 66 Southern California Law Review 1389-1452 (1993).papers.cfm

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  • The Centrality of the Peculiar Institution in American Legal Development, 68 Chicago-Kent Law Review (1993) 1009-33

  • Sorting Out Prigg v. Pennsylvania, 24 Rutgers Law Journal 605-65 (1993)

  • The Paradox of Bill of Rights Rhetoric, 1787-1791, in TO SECURE THE BLESSINGS OF LIBERTY: RIGHTS IN AMERICAN HISTORY 83-103 (Josephine F. Pacheco, ed.) (George Mason University Press, 1993).papers.cfm

  • Jefferson and Slavery: Treason Against the Hopes of the World, in JEFFERSONIAN LEGACIES 181-221 (Peter S. Onuf, ed.) (University Press of Virginia, 1993)

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  • State Constitutional Protections of Liberty and the Antebellum New Jersey Supreme Court: Chief Justice Hornblower and the Fugitive Slave Law of 1793, 23 Rutgers Law Journal 753-87 (1992)papers.cfm

  • International Extradition and Fugitive Slaves: The John Anderson Case, 18 Brooklyn Journal of International Law 765-810 (1992)papers.cfm

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  • Criminal Law, Family, and Compelling Government Interests, 55 Albany Law Review 689-711 (1992)

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  • Professional Responsibility, 1991 Survey of New York Law, 43 Syracuse Law Review 505 (1992)

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  • Court of Appeals - State Constitutional Law Review, 1990, 12 Pace Law Review 1 (1991)

  • Police Powers and the State: National Security, Freedom and Amendments II & III, in MORE THAN MERE PARCHMENT - THE BILL OF RIGHTS (New York State Bar Association, 1991)

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  • Rehearsal for Reconstruction: Antebellum Origins of the Fourteenth Amendment, in THE FACTS OF RECONSTRUCTION 1-27 (Eric Anderson and Alfred A. Moss, Jr., eds.) (Louisiana State University Press, 1991)papers.cfm

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  • Will Omnibus Budget Reconciliation Act of 1990 Affect Your Tax Practice?, Password (Westlaw Newsletter), Jan. 1991

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  • Performance and Pragmatism in Constitutional Interpretation, 3 Canadian Journal of Law and Jurisprudence 91 (1990)papers.cfm

  • Canadian Constitutional Crisis and the Meech Lake Accord, 3 The Thatched Patio (International Centre for Ethnic Studies) 35 (1990) (with Donna E. Young)

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  • The Canadian Constitutional Crisis and the Meech Lake Accord, 3 Thatched Patio: Journal of the Int’l Centre for Ethnic Studies 35 (1990) (with Peter Halewood)

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  • What to Do When You're Faced with an Audit, Password (Westlaw Newsletter), June 1990

  • Professional Responsibility, 1989 Survey of New York Law, 41 Syracuse Law Review 475 (1990)

  • The Kidnapping of John Davis and the Adoption of the Fugitive Slave Law of 1793, in 56 Journal of Southern History 397-422 (1990)

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  • James Madison and the Bill of Rights: A Reluctant Paternity, 1990 Supreme Court Review 301-47 (1990). Reprinted in INTERNATIONAL LIBRARY OF ESSAYS IN THE HISTORY OF SOCIAL AND POLITICAL THOUGHT SERIES: JAMES MADISON (Terence Ball, ed., Ashgate Publishing, 2008): 363-409papers.cfm

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  • When You Need the Latest Information, Password (Westlaw Newsletter), Apr. 1990

  • Westlaw Bankruptcy Research Manual, 1990

  • Specialized Databases Give You the Latest Tax News, Password (Westlaw Newsletter), Feb. 1990

  • Make Westlaw Your Source for State Tax Information, Password (Westlaw Newsletter), Jan. 1990

  • Overview and Update on the Rights of Probationary Employees, (no.4) Labor and Employment Law Newsletter (NYSBA) 14 (December 1989) with Marilyn S. Dymond

  • Neuroscience Research Involving Human Subjects (with A. John Popp, M.D.), (Abstract included in the Poster Program of the meeting of the Society for Neurosciences in November 1989)

  • Common Myths in the Economic Analysis of Law, 1989 Brigham Young University Law Review 993 (1989)papers.cfm

  • The Church, the State, and the EHA: Educating the Handicapped in Light of the Establishment Clause, 73 Marquette Law Review 259 (1989) (with M. Grey Sweeney)papers.cfm

  • The Dilemma of Election Campaign Finance Reform, 18 Hofstra Law Review 213 (1989)

  • Institutional Review Board (IRB) Evaluation of Neuroscience Protocols (with A. John Popp, M.D.) (Abstract included in the Poster Program of the annual meeting of the Congress of Neurological Surgeons in October 1989)

  • The Education for All Handicapped Children Act, 42 U.S.C. Section 1983 and Section 504 of the Rehabilitation Act of 1973: Statutory Interaction Following the Handicapped Children's Protection Act of 1986, 68 Nebraska Law Review 564 (1989)

  • Legal Ethics and AIDS: An Analysis of Selected Issues, 3 Georgetown Journal of Legal Ethics 1 (1989) reprinted in The Los Angeles Daily Journal supplement, Daily Journal Report, No. 89-13, December 29, 1989, at 2

  • Beyond the Reemergence: "Inverse Incorporation" and Other Prospects for State Constitutional Development, 53 Albany Law Review 403 (1989)papers.cfm

  • State Constitutionalism in New York: A Non-reactive Tradition, 2 Emerging Issues in State Constitutional Law 31 (1989)papers.cfm

  • Professional Responsibility, 1988 Survey of New York Law, 40 Syracuse Law Review 527 (1989)
     

  • The Constitution and the Intentions of the Framers: The Limits of Historical Analysis, 50 University of Pittsburgh Law Review 349-98 (1989)papers.cfm

  • Northern Labor Law and Southern Slave Law: The Application of the Fellow Servant Rule to Slaves, 11 National Black Law Journal 212-232 (1989)papers.cfm

  • Evading the Ordinance: The Persistence of Bondage in Indiana and Illinois, 9 Journal of the Early Republic 21-51 (1989)papers.cfm

  • Prosecutions in Defense of the Cornerstone, 17 Reviews in American History 397-403 (1989)

  • Slavery and Bondage in the ‘Empire of Liberty', in THE NORTHWEST ORDINANCE: ESSAYS ON ITS FORMULATION, PROVISIONS, AND LEGACY 61-96 (Frederick D. Williams, ed.) (Michigan State University Press, 1989)

  • States Rights North and South in Antebellum America, in AN UNCERTAIN TRADITION: CONSTITUTIONALISM AND THE HISTORY OF THE SOUTH 125-158 (Kermit Hall and James W. Ely, Jr., eds.) (University of Georgia Press, 1989)

  • An Interdisciplinary Seminar on Legal Issues in Medicine, 39 Journal of Legal Education 113 (1989)papers.cfm

  • Golden Parachute Rules Have Been Eased, but Planning is Still Required to Avoid Penalties17 (no.1) Taxation for Lawyers 334 (1989) (with Lavelle and Daniels) also published as: Although Proposed Regulations Add Clarifications, Golden Parachutes Can Still Lose Their Luster, 43 Taxation for Accountants 140 (1989) (with Lavelle and Daniels)goldenparachuteruleshavebeen_eased.pdf

  • "A Small, Sweet Victory" An analysis of the Transvaal Court MAJESTIC TOWERS judgment involving the rights of Black domestic workers to receive visitors; and public interest law in South Africa, Legal Services Bulletin No. 5, 14 (October 1989)

  • 1787 Constitutional Convention - Computerized Database, 1988 (Assembled with research grant from the Division of Research Programs of the National Endowment for the Humanities)

  • The School Pays the Piper, But How Much? Attorneys' Fees in Special Education Cases After the Handicapped Children's Protection Act of 1986, 23 Wake Forest Law Review 237 (1988) papers.cfm

  • Fashioning a Test for Gerrymandering, 15 Journal of Legislation 1 (1988)papers.cfm

  • Roger Williams and the Separation of Church and State, and The Chicken or the Egg? The Nation & The States," in THE NEW FEDERALIST PAPERS 49-52, 279-82 (J. Jackson Barlow, et al., eds.,) (University Press of America, 1988)

  • The Northwest Ordinance: A Constitution for an Empire of Liberty, in PATHWAYS TO THE OLD NORTHWEST 1-18 (Lloyd Hunter, ed.) (Indiana Historical Society, 1988)

  • Autonomy and the Miskito Indian Community of Nicaragua, Aboriginal Law Bulletin No. 32, 2 (June 1988)

  • Chapter: "Ethics in Government Act", in PUBLIC SECTOR LABOR AND EMPLOYMENT LAW, SUPPLEMENT (New York State Bar Association, 1988)

  • Chapter revision: "Fair Labor Standards Act", in PUBLIC SECTOR LABOR AND EMPLOYMENT LAW, SUPPLEMENT (New York State Bar Association, 1988)​​

  • The Electronic Paper Trail: Evidentiary Obstacles to Discovery and Admission of Electronic Evidence, 4 Boston University Journal of Science and Technology 5 (1988) (with David Byer)

  • Compelling Governmental Interests: An Essential But Unanalyzed Term in Constitutional Adjudication, 8 Boston University Law Review 917 (1988)papers.cfm

  • The Protection of Black Rights in Seward's New York, 34 Civil War History 211-234 (1988)

  • Slavery at the Philadelphia Convention, 17 This Constitution 25-30 (1988)

  • The Pennsylvania Delegation and the Peculiar Institution: The Two Faces of the Keystone State, 112 Pennsylvania Magazine of History and Biography 49-72 (1988)papers.cfm

  • SLAVERY, RACE, AND THE AMERICAN LEGAL SYSTEM, 1700-1872. Editor and author of introductions. 16 vols. (Garland, 1988). (Reprint, Lawbook Exchange, 2007)

  • Disparate Treatment of the Allocation of Power Between Judge and Jury in Legal and Medical Malpractice Cases, 61 Temple Law Review 353 (1988)papers.cfm

  • In the Name of Patriotism: The Constitutionality of "Bending" History in Public Secondary Schools, 62 New York University Law Review 497 (1987), reprinted in 22 The History Teacher 411 (1989)

  • When the Teachers and Parents Can't Agree, Who Really Decides? Burdens of Proof and Standards of Review Under the Education for All Handicapped Children Act, 36 Cleveland State Law Review 67 (1987)

  • A Classical Constitution: Ancient Roots of Our National Charter, 59 (no.8) New York State Bar Journal 10 (1987)

  • Slaves as Fellow Servants: Ideology, Law, and Industrialization," 31 American Journal of Legal History 269-305 (1987)

  • Book Review of John David Smith, An Old Creed For the New South: Proslavery Ideology and Historiography, 1865-1918, 5 Law & History Review 571-73 (1987)

  • Slavery and the Constitutional Convention: Making a Covenant With Death, in BEYOND CONFEDERATION: ORIGINS OF THE CONSTITUTION AND AMERICAN NATIONAL IDENTITY 188-225 (Richard Beeman, et al., eds.) (University of North Carolina Press, 1987)

  • Slavery, the 'More Perfect Union,' and the Prairie State, 80 Illinois History Journal 248-269 (1987)

  • Revision of Chapters 2, 14, 57 and 75, Weinstein-Korn-Miller, NEW YORK CIVIL PRACTICE (Matthew Bender, 1987-1996)

  • Developments Re: Expert Testimony Under the Federal Rules of Evidence, in EXPERT WITNESSES (NYSBA, 1987)

  • Protecting Software, in COMPUTER LAW (New York State Bar Association, 1987)

  • The Speech Clause and the Limits of Neutrality, 51 Albany Law Review 19 (1986)papers.cfm

  • Reformulating the Motive/Effects Debate in Constitutional Adjudication, 33 Wayne Law Review 97 (1986)

  • Toward A Unified Approach to Privileges and Relevancy, 17 Memphis State University Law Review 1 (1986)papers.cfm

  • Corporate Codes of Conduct Under Apartheid: An Assessment, Trans Africa Forum No. 3, 3 (Spring 1986)

  • The Legal Underpinnings of Gender Oppression in Apartheid South Africa 3 Australian Journal of Law and Society (June 1986)

  • Prelude to the Fourteenth Amendment: Black Legal Rights in the Antebellum North, 17 Rutgers Law Journal 415-82 (1986)

  • Slavery and the Northwest Ordinance: A Study in Ambiguity, 6 Journal of the Early Republic 343-370 (1986)

  • The Durable Power of Attorney as an Alternative to the Improper Use of Conservatorship for Health Care Decisionmaking, 60 St. John's Law Review 631 (1986)

  • Report to the Temporary State Commission on Workers' Compensation and Disability Benefits Concerning Employers' Liability for Contribution (with R. Tymann, J. Hart, J. Gascon, and J. Klein) in RESEARCH PAPERS OF THE TEMPORARY STATE COMMISSION ON WORKERS' COMPENSATION AND DISABILITY BENEFITS (1986)

  • THE LAW OF FREEDOM AND BONDAGE: A CASEBOOK. Dobbs Ferry, NY: Oceana Press and NYU School of Law, 1986

  • Dialectics of Disenchantment: Weber & Adorno on Science, 1985 McGill Journal of Political Science 48 (1985)

  • Fleshing Out the Right of Association: The Problem of the Contribution Limits of the FECA, 49 Albany Law Review 825 (1985)papers.cfm

  • Internal Control Systems in the Library Environment, 10 Journal of Academic Librarianship 337 (1985)

  • SLAVERY IN THE COURTROOM. Washington, DC: Library of Congress, 1985.

  • Exploring Southern Legal History, 64 North Carolina Law Review 77-116 (1985)papers.cfm

  • Book Review of Bradley Chapin, Criminal Justice in Colonial America, 1606-1660, 3 Law & History Review 203-07 (1985)

  • The Coming of Age of American Legal History, 16 Maryland Historian 1-11 (1985)

  • Business Torts, in ACTIONS AND PROCEEDINGS (Callaghan, 1985)

  • Uncertainty and Contract Law, 46 University of Pittsburgh Law Review 75 (1984)papers.cfm

  • Negotiating Marital Agreements, in NEGOTIATING AND DRAFTING MARITAL AND SEPARATION AGREEMENTS (University of Richmond, 1984) (T.C. Williams School of Law Continuing Legal Education series)

  • South African Labyrinth: A Study of the Migrant Labour System in South Africa, Los Angeles Weekly (November 1984) with Anne McDonald
    Also published in Journal of Black Students' Society, University of California, Los Angeles (December 1984)

  • Negotiating Marital Agreements, in NEGOTIATING AND DRAFTING MARITAL AND SEPARATION AGREEMENTS (University of Richmond, 1984) (T.C. Williams School of Law Continuing Legal Education series)

  • The Mentally Retarded and Private Restrictive Covenants, 25 William and Mary Law Review 421 (1984)papers.cfm

  • Truthfulness In Negotiation, 17 University of Richmond Law Review 99 (1984)

  • Antifederalists: The Loyal Opposition and the American Constitution, 70 Cornell Law Review 182-207 (1984)papers.cfm

  • Alexander Hamilton, Esq.: Founding Father as Lawyer, 1984 American Bar Foundation Research Journal 229-52 (1984)papers.cfm

  • Analysis of Judge Domenick L. Gabrielli's Uniform Commercial Code Opinions (New York), 47 Albany Law Review 250 (1983)ananalysisofjudgegabrielli.pdf

  • In Search of the Link Between Due Process and Jurisdiction, 60 Washington University Law Quarterly 1291 (1983)papers.cfm

  • Drafting Enforceable Noncompetition Agreements,4 Legal Notes and Viewpoints Quarterly 73 (1983)hutter-drafting-non-competition-agreements-1984.pdf

  • The System's View of Third Party Candidates, in PRESIDENTIAL SELECTION, ed. by Franklin J. Havelick (Conference Proceedings for American Bar Association Special Committee on Election Law and Voter Participation, 1982)papers.cfm

  • Rebuilding the Right of Association: The Right to Hold a Convention as a Test Case, 11 Hofstra Law Review 191 (1982)

  • Book Review, reviewing Edward J. Imwinkelried, FUNDAMENTALS OF TRIAL TECHNIQUES (1980), and Thomas A. Mauet, EVIDENTIARY FOUNDATIONS (1980), 16 University of Richmond Law Review 501 (1982)

  • GUARDIANSHIP FOR PERSONS WHO ARE MENTALLY RETARDED: A MANUAL BY THE NEW YORK STATE COMMISSION ON QUALITY OF CARE FOR THE MENTALLY DISABLED (New York State Commission on Quality of Care for the Mentally Disabled, October 1982)

  • The Peculiar Laws of the Peculiar Institution, 10 Reviews in American History 358-63 (1982)

  • Note, Dames & Moore v. Regan : Congressional Power over Foreign Affairs Held Hostage by Executive Agreement with Iran, 15 Loyola of Los Angeles Law Review 249 (1982)papers.cfm

  • An Alternative to the Privilege Against Compulsory Self-Incrimination, 49 Brooklyn Law Review 31 (1982)papers.cfm

  • The Psychotherapist-Patient Privilege in Child Placement: A Relevancy Analysis, 26 Villanova Law Review 955 (1981)papers.cfm

  • Needed: An Effective Generation-Skipping Tax Letter, 13 Tax Notes 1142 (November 9, 1981)

  • AN IMPERFECT UNION: SLAVERY, FEDERALISM, AND COMITY. Chapel Hill, NC: University of North Carolina Press, 1981. Reprint, Law Book Exchange, 2001

  • The First American Constitutions: State and Federal, 59 Texas Law Review 1139-73 (1981)

  • Review Essay of Michael S. Hindus, Prison and Plantation: Crime Justice and Authority in Massachusetts and South Carolina, 1767-1878, 129 University of Pennsylvania Law Review 1485-1515 (1981)

  • The Law of Slavery and Freedom in California, 17 California Western Law Review 437-64 (1981)

  • Drafting Enforceable Employee Non-Competition Agreements to Protect Confidential Business Information: A Lawyer's Practical Approach to the Case Law, 45 Albany Law Review 311 (1981)hutter-drafting-employee-non-competition-agreements-1981.pdf

  • MONOPOLIES AND MERGERS: CASES AND MATERIALS (1981)

  • Remedies in Trade Secret Cases, in PROTECTING TRADE SECRETS (PLI, 1981)

  • Editor-in-Chief, MODEL JURY CHARGES IN BUSINESS TORT CASES, (ABA, 1981)

  • Comment, The Effect of Asset Transfers on Medicaid Eligibility, 129 University of Pennsylvania Law Review 882 (1981)

  • Government Allocation of First Amendment Resources, 41 University of Pittsburgh Law Review 205 (1980)papers.cfm

  • Strife in the Carolene Garden, 57 University of Detroit Journal of Urban Law 919 (1980)

  • Pursuing Ex-Employees Who Misappropriate Trade Secrets: Pre-trial Considerations, 6 Litigation 39 (1980)

  • Feedback From the Fourth Amendment, 67 Kentucky Law Journal 1007 (1979)papers.cfm

  • Book Review: reviewing THE PURSUIT OF EQUALITY IN AMERICAN HISTORY, 72 Law Library Journal 173 (1979)

  • Disabled Libraries: An Examination of Physical and Attitudinal Barriers to Handicapped Library Users, 72 Law Library Journal 513 (1979)disabledlibraries1979.pdf

  • Racial Justice and the Public Schools, 19 History of Education Quarterly 373-380 (1979)

  • What Did the Dred Scott Case Really Decide? 7 Reviews in American History 368-74 (1979)

  • Prigg v. Pennsylvania and Northern State Courts: Anti-Slavery Use of a Pro-Slavery Decision, 25 Civil War History 5-35 (1979)

  • DISCUSSION OF CERTAIN RECOMMENDATIONS OF THE NATIONAL COMMISSION FOR THE REVIEW OF ANTITRUST LAWS AND PROCEDURES, Prepared for the ABA Litigation Committee (March 1979)

  • DISCUSSION OF CITY OF LAFAYETTE V. LOUISIANA POWER AND LIGHT, Prepared for the office of the New York Secretary of State (February 1979)

  • The Role of Law in the Broadcast of Political Debate, 37 Federal Bar Journal 1 (1978)

  • Post Graduate Legal Education and Law Schools, 29 Journal of Legal Education 206 (1978)

  • Book Review: reviewing CONSTITUTIONAL LAW FOR POLICE, 72 Law Library Journal 498 (1978)

  • Trade Secret Misappropriation: A Lawyer's Practical Approach to the Case Law, 1 Western New England Law Review 1 (1978)papers.cfm

  • Election Law and Election Reform: Strategy for the Long Run, 79 West Virginia Law Review 237 (1977)papers.cfm

  • Book Review: reviewing A UNIFORM SYSTEM OF CITATION, (12TH ED.), 70 Law Library Journal 105 (1977)

  • "Dirty Tricks" and Section One of Sherman Act: Federalizing State Unfair Competition Law, 18 Boston College Industrial and Commercial Law Review 239 (1977)papers.cfm

  • "Kelley v. Johnson" and Tonsorial Tastes: The Death Knell of Substantive Due Process, 41 Albany Law Review 411 (1977)papers.cfm

  • Book Review, (with Maleski) reviewing PRODUCTS LIABILITY: CASES AND MATERIALS, 65 Georgetown Law Journal 865 (1977)

  • Reference Librarian and the Pro Se Patron, 69 Law Library Journal 26 (1976)​​referencelibrarian1976.pdf

  • Constitutionality of Presumptions on Receiving Stolen Property: Turning the Thumbscrews in Michigan and Other States, 21 Wayne Law Review 1437-1454 (1975)

  • The Nationalization of Slavery: A Counterfactual Approach to the 1860s, 14 Louisiana Studies 213-240 (1975)papers.cfm

  • Class and Culture in Late Nineteenth Century Chicago: The Founding of the Newberry Library, 16 American Studies, 5-22 (1975)papers.cfm

  • Methods of Controlling Abuse of Police Power, 6 Clearinghouse Review 129 (1972)

  • Identifying Gerrymanders, 15 St. Louis University Law Journal 540 (1971)

  • OTHER PUBLICATIONS

    Markets and Morality: Kosher Certification as a Model for Eco-Labelling, Looking Forward, vol. 1, no.1, p. 3 (2014)

    The Guru of Kashrut Rabbi Alexander S. Rosenberg and the Transformation of Kosher Certification in America, JEWISH ACTION (Fall 2013), 25

    Who’s Guarding the Kosher Hen House? Misconceptions about Kosher Chicken Production and the Need for Further Study (with Joe M. Regenstein), Food Safety News (online) (October 11, 2013)

    Is That Kosher? The American Interest (September/October 2013)

    Is There a Secret Ingredient in the Jewish Relationship with Food? symposium in MOMENT MAGAZINE, (July/August, 2013)

    History of the Kosher Food Industry, ACADEMIC MINUTE, WAMC Northeast Public Radio (July 22, 2013)

    The Birth of Modern Kosher, OU Radio (podcast) (July 2, 2013)

    Organized Crime and Kosher Food Certification, Scandal and Self-Correction in Kosher Food Certification, Consumer Vigilance and the Kosher Cookies-and-Cream Ice Cream Caper, guest blog series for The Prosen People, Jewish Book Council (online), June 24, 26, and 27, 2013.

    Lessons from the L.A. Kosher Meat Scandal, jweekly (online) (April 11, 2013)

    Kosher Certification: A Model of Reliable Food Label Regulation, Fooducate (online) (March 25, 2013)

    Kosher Certification: A Model for Improving Private Food Safety Audits, Food Safety News (online) (March 20, 2013)

    Chopped Herring and the Making of the American Kosher Certification System, Jewish Review of Books (Spring 2013) 

    The Role of Litigation in Social Change, Rudd Center for Food Policy & Obesity, Yale University (podcast) (March 28, 2012)

    Certification of Kosher Food as a Model for Food Safety, Rudd Center for Food Policy & Obesity, Yale University (podcast) (March 28, 2012)

    Inadequate Public Funding and the Sale of Competitive Foods as a Revenue Source, Fooducate (online) (March 11, 2010)

    Regulating Front-of-Package Nutrition Labels (3 part se​ries), Fooducate (online) (January 15, 19, & 25, 2010)

    Lawsuits Once Again Help Expose Clergy Sexual Abuse, The Huffington Post (online) (December 7, 2009)

    Is the Tort System a Litigation Lottery?, Torts Prof Blog (online) (November 16, 2009)

    A Shabbat Evening Siddur for Young People (Torah Aura Productions 2009) (with Rachel Anisfeld)

    A Shabbat Morning Siddur for Young People (Torah Aura Productions 2009) (with Rachel Anisfeld)

    Exposing Secrets of the Catholic Church: How Civil Lawsuits Brought the Sex Abuse Scandal to Light, American Sexuality Magazine (online) (July 31, 2008)

    Book Review: Doyle, Thomas P. et al., Sex, Priests, and Secret Codes: The Church’s 2,000-Year Paper Trail of Sexual Abuse, 23 Journal of Law & Religion 615 (2007)

    Legal Legacy: Five Years after the Clergy Sexual Abuse Scandal, Boston Globe, (February 4, 2007), E1

    The Sting: New York Has Devised an Ingenious Approach to Stopping the Flow of Guns into the City. Could It Work for Boston?​, Boston Globe (August 27, 2006), D1

    Gun Bill a Messy Mix of Law, Politics​, Op-Ed, Albany Times Union (October 27, 2005)

    New York City’s Gun Industry Responsibility Act: Why It May Do More Harm than Good, Findlaw’s Writ, Legal Commentary (online) (March 7, 2005) (with Anthony Sebok)

    The New Bill to Protect the Gun Industry from Lawsuits: How It Strikes at the Heart of Age-Old Tort Law Principles, Findlaw’s Writ, Legal Commentary  (online) (Feb. 12, 2004) (with Anthony Sebok)

    Neither Side Right on Grunow Suit’s Impact, Op-Ed, Palm Beach Post, (November 24, 2002)

  • SPANISH LANGUAGE PUBLICATIONS

    Promoting the Rule of Law and a Culture of Peace in Guatemala and Nicaragua Using a New Model of South-South Development (Spanish language), Cultura de Paz, Fall 1999

    Various Methods of Resolving Conflict (Spanish language), 13 De lo juridico 33 (1997)

    Human Rights and Conflict Resolution (Spanish language), 5 Justicia 37 (1996)

    Mediation: On the Road to Peace and Justice in Nicaragua (Spanish language), 11 De lo juridico 5 (1995)

    Mediation in Nicaragua: Putting Law to Work for People (Spanish language), 6 De lo juridico 31 (1994)


  • HIV as a Disability under the Americans with Disabilities Act: Unanswered Questions after Bragdon v. Abbott, 14 Journal of Law and Health 179 (1999-2000)hiv_as_a_disability_992000.pdf

  • Addressing the Unique Mental Health Needs of Female Inmates with HIV: What Services are Required under the Constitution and the Americans with Disabilities Act?, 6 William & Mary Journal of Women and the Law 215 (1999)

  • HIV Infected Prisoners: What Mental Health Services are Constitutionally Mandated?, 23 Journal of Psychiatry & Law 517 (1995)

  • Due Process Challenges to Eyewitness Identification Based on Pre-Trial Photographic Arrays, 13 Pace Law Review 815 (1994)

  • Perspectives on Brown: The South African Experience, 49 New York Law School Law Review (2004-2005) 1155papers.cfm

  • Reparations for Apartheid's Victims: The Path to Reconciliation, 53 DE PAUL LAW REVIEW (2004) 1155papers.cfm

  • Transitional Perspectives on Women's Right, 14 Interights Bulletin (2004) 143

  • Two 'Colored' Women's Conversation About the Relevance of Feminist Law Journals in the 21st Century, 11 COLUMBIA JOURNAL OF GENDER AND LAW (2003) (co-author Taunya Banks) 498papers.cfm

  • Critical Challenges: A Conversation on Complicity and Civility in Legal Education, 1 Seattle Journal for Social Justice 601 (2003) with Sharon Hom and Ruthann Robson

  • Evaluating the Progress of Women's Rights on the Fifth Anniversary of the South African Constitution, 26 Vermont Law Review 829 (2002)

  • Making Room for Critical Race Theory in International Law: Some Practical Pointers, 45 Villanova Law Review (2000) 855papers.cfm

  • Globalization, Human Rights and Critical Race Feminism: Voices from the Margins 3 JOURNAL OF GENDER, RACE AND JUSTICE (2000) 373papers.cfm

  • Violence Against Women in South Africa: The Role of Culture and the Limitations of the Law, in 8 Temple Civil and Political Rights Law Review Vol. 2 (1999) 425papers.cfm

  • Striking the Rock: Confronting Gender Equality in South Africa 3 Michigan Journal of Race and Law 307 (1998)papers.cfm

  • Violence Against Aboriginal Women in Australia: Redress from the International Human Rights Framework, 60 Albany Law Review (1997) 917papers.cfm

  • Spectators at the Revolution: Gender Equality in a Post-Apartheid South Africa, in Law and Anthropology: International Yearbook for Legal Anthropology, Volume 7 (1994)

  • Justice in a Post-Apartheid South Africa, 15 Legal Services Bulletin No. 3 (June 1990)

  • Some Observations about Lawyering for the Poor in a Changing South Africa 12 African Studies Association of Australia and the Pacific Newsletter No. 1 (June 1990)

  • Legal Education in a Changing South Africa 1 African Law Review No. 5 (March 1990)

  • Apartheid: The Legal Death of the Black Worker, HUMAN RIGHTS No. 2, 14 (Spring 1987)

  • Apartheid: The Road to Disaster, Black Heights No. 2, 6 (Spring 1985)

  • HIV as a Disability under the Americans with Disabilities Act: Unanswered Questions after Bragdon v. Abbott, 14 Journal of Law and Health 179 (1999-2000)

  • HIV Infected Prisoners: What Mental Health Services are Constitutionally Mandated?, 23 Journal of Psychiatry & Law 517 (1995)papers.cfm

  • Due Process Challenges to Eyewitness Identification Based on Pre-Trial Photographic Arrays, 13 Pace Law Review 815 (1994)papers.cfm

  • Survey of Case Law Establishing Constitutional Minima for the Provision of Mental Health Services to Psychiatrically Impaired Inmates, 15(2) New England Journal on Civil and Criminal Confinement 243 (1989)

  • Post-Hinckley Insanity Defense Reform, 11 Mental and Physical Disabilities Law Reporter 54 (January - February 1987) papers.cfm

  • Legal Issues in the Private Operation of Prisons, 22 Criminal Law Bulletin 309 (1986)papers.cfm

  • Book Review, reviewing Gershman, PROSECUTORIAL MISCONDUCT, 21 Criminal Law Bulletin 285 (1985)

  • TEXAS REAL ESTATE LAW (Southwest Publishing Co., 1982) (with K. Stanberry)

  • Damages for Mental Anguish Under the Deceptive Trade Practices Act: Are They Recoverable?, 44 Texas Bar Journal 1193 (November 1981)

  • Policy Implications of Current Legal Trends Surrounding the Mentally Disordered Inmates's Right to Treatment, The American Society of Criminology, 38th Annual Meeting, Atlanta, Georgia (October 1986)

  • Insanity Defense Reforms Pre- & Post-Hinckley, Law and Society Association, Washington, D.C., 1989

  • Estimating the Determinants of Discrimination in Criminal Sentencing as an Outcome of Prior Felony Convictions, The American Society of Criminology, 38th Annual Meeting, Atlanta, Georgia (October 1986)

  • Review of Recent Developments Under SLUSA, ALI-ABA course in securities litigation (with Brian Pastuszenski)

  • Divided Loyalties: How the MetLife v. Glenn Standard Discounts ERISA Fiduciaries' Conflicts of Interest, 3 Utah Law Review 955 (2009)papers.cfm

  • Trouble at the Source: The Debates Over the Public Disclosure Provisions of the False Claims Act's Original Source Rule, 60 Mercer Law Review 701 (2009) papers.cfm

  • Disentangling EMTALA from Medical Malpractice: Revising EMTALA’s Screening Standard to Differentiate Between Ordinary Negligence and Discriminatory Denials of Care, 82 Tulane Law Review 645 (2008)papers.cfm

  • Teacher's Guide for FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS 3rd ed. (with Boyle, Gaubatz and Solomon) (LexisNexis Publishing, 2003)
     

  • REVISED FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS, 3rd ed. (Lexis Publishing, 2003) (with Boyle, Gaubatz and Solomon)
     

  • Chapter 20: Generation-Skipping Transfer Taxation, in KLIPSTEIN'S DRAFTING NEWYORK WILLS (Lexis Publishing, 2002)
     

  • Chapter 7: Marital Deduction, in KLIPSTEIN'S DRAFTING NEW YORK WILLS (Lexis Publishing, 2002)
     

  • How Federal Transfer Taxes Affect the Development of Property Law, 48 Cleveland State Law Review 661-676 (2000) (Published in April 2002)

  • Teacher's Manual for FUNDAMENTALS OF TRUSTS AND ESTATES 2nd ed. (with Andersen) (LexisNexis Publishing, 2002)

  • FEDERAL TAXATION OF TRUSTS AND GIFTS, 3rd ed. (LexisNexis, 2002) (with Solomon, Gaubatz, and Boyle)
     

  • FUNDAMENTALS OF TRUSTS AND ESTATES, 2nd ed. (with Roger W. Andersen) (LexisNexis, 2002)

  • Chapter 18: Retirement and Estate Planning, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2001)

  • Chapter 15: Fiduciary Powers, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2001)

  • Chapter 12: Legal Life Estates and Remainders, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2001)
     

  • Chapter 11: Dispositive Provisions in Testamentary Trusts, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2000)
     

  • Chapter 9: Charitable Dispositions, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 2000)

  • TEACHER'S MANUAL to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS, 2nd ed., (Matthew Bender, 1999) (with Boyle, Gaubatz and Solomon)

  • Revisions to KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 1999)

  • FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS, 2nd ed.,
    (Matthew Bender, 1998) (with Boyle, Gaubatz and Solomon)

  • Chapter 19: Revocable Trusts, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 1998)

  • ESSENTIALS OF TRUSTS AND ESTATES (Matthew Bender, 1996) (with Andersen, Gaubatz, and Solomon)

  • TEACHER'S MANUAL to accompany ESSENTIALS OF TRUSTS AND ESTATES (with Andersen, Gaubatz, and Solomon) (Matthew Bender, 1996)

  • SUPPLEMENT to FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1995)

  • Revised Chapter 9: The Marital Deduction, in MURPHY'S WILL CLAUSES (Matthew Bender, 1995)
     

  • EXPLANATION AND ANALYSIS OF ESTATE TAX LAWS OF DISTRICT OF COLUMBIA, ILLINOIS, LOUISIANA, MICHIGAN, MARYLAND AND TEXAS (Research Institute of America, 1994)
     

  • Revised Chapter 3B: Federal Income Taxation: Will Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1994)

  • Chapter 3C: Federal Income Taxation of Trusts: Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1994)
     

  • Chapter 3D: Federal Income Taxation of Grantor Trusts: Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1994)

  • Chapter 41A: Federal Income Taxation of Lifetime Trusts, in POWELL ON REAL PROPERTY (Matthew Bender, 1993)
     

  • Chapter 41B: Federal Income Taxation of Testamentary Trusts, in POWELL ON REAL PROPERTY (Matthew Bender, 1993)

  • Chapter 41C: Federal Gift and Estate Taxation of Trusts, in POWELL ON REAL PROPERTY (Matthew Bender, 1993)
     

  • Chapter 41D: Federal Taxation of Generation-Skipping Trusts, in POWELL ON REAL PROPERTY (Matthew Bender, 1993)

  • Chapter 9: Rights of Surviving Spouse, in KLIPSTEIN'S DRAFTING NEW YORK WILLS (Matthew Bender, 1993)

  • Revision of Chapter 9A: Limitations on the Freedom of Testation: Spousal Protection, in MURPHY'S WILL CLAUSES (Matthew Bender, 1993)
     

  • SUPPLEMENT to FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1993)
     

  • The Treatment of Trust and Other Partial Interests of the Surviving Spouse Under the Redesigned Elective-Share System: Some Concerns and Suggestions, 55 Albany Law Review 941 (1992)

  • Chapter 17: Advance Written Directives for Property and Health Care, in KLIPSTEIN AND BLOOM'S DRAFTING NEW YORK WILLS (Matthew Bender, 1992)

  • Dedication to Professor Samuel M. Fetters, 42 Syracuse Law Review 1019 (1992)
     

  • SUPPLEMENT to FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1992)
     

  • Chapter 3D: Federal Income Taxation of Lifetime Trusts: Will Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1992)

  • Chapter 17: Advance Written Directives for Property and Health Care, in KLIPSTEIN'S DRAFTING NEW YORK WILLS (Matthew Bender, 1992)

  • Chapter 11A: Generation-Skipping Transfer Taxation, in KLIPSTEIN'S DRAFTING NEW YORK WILLS (Matthew Bender, 1991)
     

  • Chapter 3C: Federal Income Taxation of Testamentary Trusts: Will Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1991)
     

  • Chapter 2: Present Possessory Estates, in THE AMERICAN LAW OF REAL PROPERTY (Matthew Bender, 1991)
     

  • Chapter 3: Future Possessory Estates, in THE AMERICAN LAW OF REAL PROPERTY (Matthew Bender, 1991)
     

  • Perpetuities Reformers Beware: The USRAP Tax Trap,
    25 Real Property, Probate and Trust Journal 203 (1990) with Professor Jesse Dukeminierpapers.cfm

  • Chapter 7: Marital Deduction, in KLIPSTEIN'S DRAFTING NEW YORK WILLS (Matthew Bender, 1990)
     

  • TEACHER'S MEMORANDUM to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1991)
     

  • TEACHER'S UPDATE for TEACHER'S MANUAL to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1990)
     

  • TEACHER'S MANUAL, to accompany ESTATES AND TRUSTS: CASES, PROBLEMS AND MATERIALS (with Gaubatz and Solomon) (Matthew Bender, 1989)

  • TEACHER'S MANUAL, to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1989)
     

  • TEACHER'S MANUAL, to accompany FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon) (Matthew Bender, 1989)

     

  • Chapter 3A (revised): Federal Generation-Skipping Transfer Taxation: Will Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1989)

  • FEDERAL TAXATION OF ESTATES, TRUSTS AND GIFTS (with Gaubatz and Solomon), (Matthew Bender, 1989)
     

  • ESTATES AND TRUSTS: CASES, PROBLEMS AND MATERIALS, (with Gaubatz and Solomon), (Matthew Bender, 1989)
     

  • Chapter 3B: Federal Income Taxation: Will Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1988) (with revisions)
     

  • Federal Generation-Skipping Transfer Taxation: How Should The States Respond?, 51 Albany Law Review 817 (1987)
     

  • Chapter 3A: Federal Generation-Skipping Transfer Taxation: Will Drafting and Planning Considerations, in MURPHY'S WILL CLAUSES (Matthew Bender, 1987)
     

  • Perpetuities Refinement: There Is An Alternative, 62 Washington Law Review 23 (1987)

     

  • Chapter 3: Federal Estate and Gift Taxation: Will Drafting and Planning Considerations (with revisions), in MURPHY'S WILL CLAUSES (Matthew Bender, 1986)

  • Chapter 9: The Marital Deduction, in MURPHY'S WILL CLAUSES (Matthew Bender, 1985)
     

  • Chapter 3: Federal Estate and Gift Taxation: Will Drafting and Planning Considerations (with revisions), in MURPHY'S WILL CLAUSES (Matthew Bender, 1986)
     

  • Chapter 9A: Limitations on the Freedom of Testation: Spousal Protection, in MURPHY'S WILL CLAUSES (Matthew Bender, 1984)

     

  • TEACHER'S MANUAL for use with ESTATES, TRUSTS AND TAXES: CASES AND MATERIALS ON THE WEALTH TRANSMISSION PROCESS (with Gaubatz) (Matthew Bender, 1984)
     

  • ESTATES, TRUSTS AND TAXES: CASES AND MATERIALS ON THE WEALTH TRANSMISSION PROCESS (with Gaubatz) (Matthew Bender, 1983)

  • Transfer Tax Avoidance: The Impact of Perpetuities Restrictions Before and After Generation Skipping Taxation,
    45 Albany Law Review 261 (1981)
     

  • Recent Judicial and Administrative Developments in Estate and Gift Taxation, 28 Tulane Tax Institute 12 (1978)
     

  • Generation-Skipping Loophole: Narrowed, But Not Closed, By The Tax Reform Act of 1976, 53 Washington Law Review 31 (1977)

  • Fifth Circuit Symposium, Federal Taxation, 22 Loyola Law Review 435 (1976)
     

  • Practice and Procedure in the U.S. Tax Court (2012)

     

  • Tax Court appointments and Reappointments: Improving the Process, 45 U. Rich. L.Rev. 501 (2012)papers.cfm

  • Regional Commons: An Assessment of the Impact of the Framework Convention and Kyoto Protocol on the Organization of American States and the Association of South East Asian Nations and Suggestions for the Role of Regionalism in International Environmental Law, 16 University of Baltimore Journal of Environmental Law 29 (2008)papers.cfm

  • Chapters, No Fault Law Update in DECISION (New York State Trial Lawyers Association) annually, 1991-2003

  • Editor-in-Chief, Business Torts Newsletter * Previewed in Preview of United States Supreme Court Cases:

Forthcoming Publications

  • CURRENT ISSUES IN CONSTUTITIONAL LITIGATION, 2d ed. (Carolina Academic Press) (forthcoming 2015) (coauthor)

  • Professor Brescia co-authored article "The Price of Crisis: Eminent Domain, Local Governments, and the Value of Underwater Mortgages."

  • The Importance of Experiential Learning for Development of Essential Skills in Cross Cultural and Intercultural Effectiveness, Journal of Experiential Learning, 2014

  • Ethics in Long Term Care, in THE ENCYCLOPEDIA OF ADULTHOOD AND AGING (John Wiley & Sons, Inc.) (forthcoming 2014)(with Gayle Doll, Director Center on Aging, Kansas State Univ.)

  • "Critical Race Theory Now," FLORIDA A&M UNIVERSITY SCHOOL OF LAW LAW REVIEW (forthcoming 2014)

  • "Domains of Policy: Law & Society Perspectives on Anti-Discrimination" in The Wiley Handbook of Law and Society (Austin Sarat and Patty Ewick, eds.) (forthcoming 2014)

  • Using Hip-Hop's Lyrical Narrative to Inform and Critique the Family Justice System (forthcoming)

  • Healing the Wounds of Children Trafficked Internationally by Examining Strategies for Family Violence Survivors Domestically

  • "Race & the Unreality of Time," RACE, LAW, AND THE POSTCOLONIAL (Mark Harris & Denise Ferreira da Silva eds., Routledge: 2014)

  • "Sarah Palin, The Last Black President," HIP-HOP AND THE CONSTITUTION: KEY WRITINGS THAT FORMED THE MOVEMENT (Dre Cummings, Donald Tibbs and Pamela Bridgewater eds., North Carolina Academic Press: 2014)

  • "On Haunting," LAW & INEQUALITY (forthcoming 2014)

  • From Kate Stoneman To Kate Stoneman Chair, Katheryn D. Katz: Feminist Waves And The First Domestic Violence Course At A United States Law School (co-authored with Melissa L. Breger) forthcoming Albany Law Review.

  • Uneasy Intersections: The Right to Foreclose and the UCC, forthcoming in 48 Wake Forest L. Rev. Issue 5 (2013)papers.cfm

  • Citizenship and the Right to Vote

  • Comparative Approaches to Regulating Dilapidated Properties

  • For Treasury Charity Starts at Home: Treasury's New Interpretation of the Fiduciary Income Tax Charitable Deduction, Virginia Tax Review

  • Chapter, Ethical Issues in Representing Clients with Diminished Capacity, DISABILITY RIGHTS AND LAW, New York State Bar Association, (forthcoming 2013).

  • Town, Gown and Place-Based Sustainability: Collaboratingin the Shared Space, in HIGHER EDUCATION AND LOCAL GOVERNMENT: EFFECTIVE TOWN AND GOWN LEGAL STRATEGIES, Cynthia Baker and Patricia Salkin, eds. (with Jonathan D. Rosenbloom) (forthcoming 2013, American Bar Association)papers.cfm

  • Local Planning to Preserve Wetlands Assets: Community,Baselines, and Ecosystem Services, in BEYOND RAPANOS: The NEXT GENERATION OF WETLAND REGULATION, Kimberly Connolly, ed. (forthcoming 2013)papers.cfm

  • Land Use Planning in a Climate Change Context, in RESEARCH HANDBOOK ON CLIMATE ADAPTATION LAW, Jonathan Verschuuren, ed., (with Jonathan D. Rosenbloom) (forthcoming 2013)

  • The Role of Green Building in Climate Change Adaptation, in RESEARCH HANDBOOK ON CLIMATE ADAPTATION LAW, Jonathan Verschuuren, ed., (with Aurelia Marina Pohrib) (forthcoming 2013)papers.cfm

  • Aligning Regulation with the Informational Need: Ecosystem Services and the Next Generation of Environmental Law, __ AKRON L. REV. __ (forthcoming 2013) (with Elizabeth J. Porter)

  • Patients to Peers: Barriers and Opportunities for Doctors with Disabilities, Nevada Law Review (forthcoming) papers.cfm

  • Co-editor, THE CAMBRIDGE DICTIONARY OF BIOETHICS (Cambridge University Press, forthcoming) (co-edited with Laurence McCullough and Robert Baker) (forthcoming)

Selected Achievements

  • Dean Andrews delivered a talk to FBI employees on August 25 as part of a program to recognize Women's Equality Day.
  • Professor Chung (on behalf of the Albany Law School/University at Albany Institute for Financial Market Regulation), organized and moderated a panel on dark pools, high-frequency trading, market structure, and related issues. Panelists included senior staff from the Securities and Exchange Commission and FINRA, along with a leading expert from the private sector.
  • Professor Patrick Connors presented on NYRA Re-Organization: Rounding the Far Turn at the 2014 Saratoga Institute on Racing and Gaming Law.
  • Professor Ray Brescia was appointed to Albany Mayor Kathy Sheehan's blue ribbon panel on rail oil safety.

  • Professor Patrick Connors presented the New York Civil Practice and Ethics Update to the NYSBA Trial Lawyer's section at the Annual Summer meeting in Sonoma, Calif.
  • Professor Sarah Rogerson was invited by the federal Office on Violence Against Women (OVW) to participate in a roundtable on July 22, 2014, discussing how OVW and law school clinical programs can collaborate to increase access to legal services and support for survivors.
  • Professor Patrick Connors gave a New York Practice Update to the Onondaga County Bar Association in Syacuse, N.Y., on June 20, 2014.

  • Professor Patrick Connors presented the New York Practice update to the Onondaga County Bar Association.

  • Associate Dean Alicia Ouellette was a guest blogger for the HealthLawProf Blog, writing several posts, including "Legal Issue or Culture War: Conversion Therapy in the Courts and Beyond" and, with 3L Meredith Dedopoulos, "The World Cup and Health: If You Can’t Stand the Heat, Don’t Play in Manaus."
  • Professor Hutter presented "No Fault and Related Tort Issues" before the Nassau County and Suffolk County Academy of Law on June 11 and 26, 2014.
  • Professor Evelyn Tenenbaum presented “Legal and Ethical Issues Related to Paired Kidney Donation and NEAD Chains” at the Health Law Professor’s Conference at Hastings College of Law on June 7, 2014.
  • The Appellate Division, Third Department decided the World Trade 9/11 case where Professor Hutter represented on a pro bono basis a volunteer who was denied benefits. The Court accepted his arguments and issued a major decision concerning workers' compensation benefits, reversing the Board and awarding benefits.
  • Professor Evelyn Tenenbaum was the chair/discussant on a panel presenting “State Actors and Litigation” at the Law and Society Association Annual Meeting on May 29, 2014
  • Professor Hutter was invited to present "Developments in Electronic Evidence for Family Court Practitioners" in Syracuse, N.Y.

  • Professor Patrick Connors gave a New York Practice Update to the Rockland County Bar Association in New City, NY on May 2, 2014.

  • President and Dean Penelope (Penny) Andrews was recently named to Lawyers of Color's Third Annual Power List, which bills itself as a compendium of “the most influential minority attorneys in the country.”
  • Professor Patrick Connors gave a New York Ethics Update to the Federation of Bar Associations of the Fourth Judicial District at its annual meeting in Montreal, Canada on April 26, 2014.  

  • Professor Christine Chung moderated a panel on dark pools at the SUNY Global Center in New York City on April 24, 2014.

  • Dean Penelope (Penny) Andrews delivered the Valerie Gordon Human Rights Lecture at Northeastern University School of Law on Thursday, April 17, 2014.
  • Professor Alicia Ouellette, Associate Dean for Academic Affairs and Intellectual Life, presented her paper "Selecting Against Disability" at the conference "Intersections in Reproduction: Perspectives on Abortion, Assisted Reproductive Technologies, and Judicial Review" held at Yale Law School on April 17, 2014.

  • Professor Melissa Breger presented at the conference "Combatting Slavery in the 21st Century" at the United Nations on April 9, 2014.

  • ​Professor Donna Young has been named to the Lawyers of Color 50 Under 50 list, which is comprised of minority law professors who are making a significant impact in legal education. She will be featured in the publication's Law School Diversity Issue in April 2014.
  • Professor Evelyn Tenenbaum was appointed to the Ethics Review Committee at Albany Medical College for a three-year term.
  • Professor Anthony Paul Farley, James Campbell Matthews Distinguished Professor of Jurisprudence, participated in "A Conversation on Racial Profiling and Human Rights" at Howard University School of Law on April 3, 2014. He also conducted a workshop on colonialism at Yale Law School on April 5.
  • Professor Patrick Connors gave a presentation on Recent United States Supreme Court Decisions Addressing Personal Jurisdiction at Touro Law Center's Faculty Colloquium, Central Islip, NY on April 2, 2014.

  • Professor James Redwood's book "Love Beneath the Napalm" is a finalist for the 16th Annual Foreword Reviews Book of the Year Award in the Short Stories category.
  • Professor Evelyn Tenenbaum delivered a talk on "Paired Kidney Donation and NEAD Chains: Issues and Solutions" at Western New England School of Law on March 25, 2014.

  • Professor Evelyn Tenenbaum presented "Paired Kidney Donation and NEAD Chains: Issues and Solutions" at Western New England School of Law on March 25, 2014.
  • President and Dean Penelope (Penny) Andrews was recently named to Lawyers of Color's Third Annual Power List Issue, which bills itself as a compendium of “the most influential minority attorneys in the country.”
  • Professor Patrick Connors gave a New York Civil Practice Update to the New York State Court of Claims Annual Law Clerks Conference, Saratoga Springs, NY on March 6, 2014.

  • Professor Evelyn Tenenbaum presented “Making Informed Consent More Effective in Protecting Patient Choice” at a Forum Series sponsored by the Albany College of Pharmacy and Health Sciences on Feb. 28, 2014.
  • President and Dean Penelope (Penny) Andrews gave a talk on "Rethinking Strategies for Pursuing Women's Human Rights" as part of the Berkshire Human Rights Speaker Series at Bard College at Simon's Rock on Feb. 26, 2014.

  • Dean Penelope (Penny) Andrews delivered the keynote address "Martin Luther King and Nelson Mandela: The Long Arc of Justice" at the Troy, N.Y., campus of The Sage Colleges on Feb. 24, 2014.
  • Professor James Redwood discussed his award-winning short story collection Love Beneath the Napalm at the New York State Writers Institute.
  • Dean Penelope (Penny) Andrews is an editor of the newly launched African Law eJournal, distributed by the Social Science Research Network and sponsored by The University of California Irvine School of Law.

  • Professor Christine Chung gave a talk at "Distressed Municipal Financing: Navigating Uncharted Waters," a symposium presented by the Review of Banking & Financial Law and held at Boston University School of Law on Feb. 7, 2014.

  • Dean Penelope (Penny) Andrews was honored by the Albany Common Council at a Black History Month event, held at City Hall, that recognized African-America residents of the City of Albany for their contributions to improving life for all residents and visitors to the city.
  • Professor Patrick Connors gave a New York Civil Practice Update to the New York State Bar Association Young Lawyers Section Bridge the Gap 2014 Program at the Association's Annual Meeting in New York City on January 31, 2014.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, visited the St. Bonaventure University campus to discuss how Abraham Lincoln came to issue the Emancipation Proclamation on Jan. 29, 2014. His talk was titled “How a Railroad Lawyer Became the Great Emancipator: Abraham Lincoln, The Emancipation Proclamation, and Spielberg’s Movie.”
  • Professor Keith Hirokawa delivered a talk on “Sustaining Ecosystem Services through Local Environmental Law” as part of a seminar series presented by the U.S. Environmental Protection Agency for its employees and partners.
  • Dean Penelope (Penny) Andrews delivered remarks at New York state’s Dr. Martin Luther King, Jr. Memorial Observance, held at the Empire State Plaza in Albany on Jan. 20, 2014. She spoke to a congregation in Schenectady, N.Y., on Jan. 19, highlighting similarities in the philosophies of Dr. King and Mandela. On Jan. 24, Dean Andrews spoke to another congregation at a synagogue in Schenectady to commemorate the birthday of Dr. King.
  • Professor Anthony Paul Farley, James Campbell Matthews Distinguished Professor of Jurisprudence, participated in a panel on "The 50th Anniversary of the Civil Rights Act of 1964: Examining its Past and Contemporary Effects" at the Association of American Law Schools Annual Meeting in New York City.

  • Chaminade High School Alumni Lawyers Association - Presented a program on recent developments in New York Ethics, Mineola, NY on December 5, 2013.

  • Professor Patrick Connors moderated a Fan Forum of the New York State Racing Fan Advisory Council at Saratoga Raceway and Casino in Saratoga Springs, NY on November 24, 2013.

     

     

  • Professor Anthony Paul Farley, James Campbell Matthews Distinguished Professor of Jurisprudence, gave a talk on "The Unreality of Time: Memory, Punishment and Transcendence in the African American Experience" at York University in Toronto on Nov. 22, 2013.

  • Professor Danshera Cords was named Foreign Distinguished Professor by the Shanghai Education Committee in China for the 2013-2014 academic year. She will be working with the law school at the Shanghai University for International Business and Economics, teaching and collaborating with that school's faculty on research.
  • Professor Evelyn Tenenbaum was one of three featured speakers at the Clinical Ethics Conference at Albany Medical Center on Nov. 15, 2013, presenting “Mandatory Immunizations for Healthcare Workers.”
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, spoke at the annual Childress Symposium at St. Louis University on Nov. 1, 2013.

    He also spoke at a roundtable discussion in honor of William E. Nelson of NYU Law School on Nov. 7, 2013. The session was held the annual meeting of the American Society for Legal History.

    He delivered the Biever Guest Lecture on "How a Railroad Lawyer Became the Great Emancipator: Abraham Lincoln and the Constitutional Limitations on Emancipation" at Loyola University, New Orleans School of Law on Nov. 12, 2013. While there, Professor Finkelman also gave a faculty workshop on Frederick Douglass's Constitution.

  • Professor Anthony Paul Farley, James Campbell Matthews Distinguished Professor of Jurisprudence, recently joined Vice President Walter Mondale and others at the University of Minnesota to talk about Gideon v. Wainwright and the Civil Rights Act of 1964 at "Civil Rights and Civil Justice: 50 Years Later," a symposium sponsored by the Journal of Law & Inequality.
  • Professor Danshera Cords delivered the presentation "Charity Begins at Home? An Exploration of the Systemic Distortions Resulting" at the Georgia State Risk Management and Insurance Seminar on Oct. 25, 2013.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, presented a paper entitled "John A. Bingham of Ohio and the Historical Context of the Fourteenth Amendment" at the Third Biennial "UnCivil Wars" Conference in Athens, Ga., on Oct. 25, 2013.
  • Professor Patrick Connors presented a New York Civil Practice Update for the Albany Law School Reunion on Oct. 5, 2013. He also presented a New York Civil Practice and Ethics Update to the Suffolk County Bar Association on Oct. 7, 2013; a New York Civil Practice Update to the New York City Managing Attorneys’ and Clerks’ Association at the law offices of O’Melveny Meyers in New York City on Oct. 18, 2013. Professor Connors moderated a program presented by the Federal Judicial Council Advisory Committee entitled “Which Court? State or Federal and Why?/Selecting Your Jurisdiction” at the Federal District Courthouse in Albany, New York on Oct. 22, 2013, and delivered a New York Practice Update to the Broome County Bar Association on Oct. 23, 2013.

  • Professor Joe Connors and Professor Mary Lynch presented on the "Intersections of Law, Healthcare, and Domestic Violence Dynamics" at Union College on Oct. 22, 2013.
  • Professor Robert Heverly gave a curated talk and participated in a roundtable at the Drones & Aerial Robotics Conference at NYU in New York City on Oct. 12, 2013.
  • Professor Christine Chung participated in Fordham Urban Law Journal’s Cooper-Walsh Colloquium on “Legacy Liabilities and Municipal Financial Distress” on Oct. 11, 2013.

    She also spoke at the College of Nanoscale Science and Engineering on Oct. 24, 2013, about legal issues that start-ups and entrepreneurs should consider when forming a business.
  • Professor Paul Finkelman discussed "How Hollywood Handles History" at a panel discussion of the film Lincoln at Carleton College in Northfield, Minn., on Oct. 10, 2013.

  • Professor Anthony Paul Farley, James Campbell Matthews Distinguished Professor of Jurisprudence, presented his paper "Epistemology and the International Infliction of Emotional Distress" at the Florida International University College of Law in Miami on Oct. 1, 2013. The next day he presented his paper "Critical Race Theory Now" at the Florida A&M University College of Law in Orlando.

    He also participated in "The Color of Childhood: A Roundtable Conversation" at the LatCrit 2013 Biennial Conference, held in Chicago from Oct. 4-6, 2013.
  • Professor Donna Young delivered the keynote speech at Siena College on Constitution Day 2013. Her talk was titled "Equality Across Borders: The 14th Amendment in Comparative Perspective." For a full profile, click here.
  • Professor Patrick Connors presented a New York Civil Practice Update at the Annual New York Court of Claims Judges' Association Meeting in Cooperstown on Sept. 27, 2013.
  • Professor Paul Finkelman gave the keynote address on Sept. 26, 2013, at the conference “1619 - The Making of America: When Did We Become Americans?” organized by Norfolk State University and Hampton University to commemorate the arrival of the first Africans in British North American. The title of his lecture was “From Freedom to Slavery: How British Colonists Remade the English Common Law to Create Slavery in Early America.”  

  • Professor Paul Finkelman gave a lecture on Sept. 24, 2013, on “The Ten Commandments on the Courthouse Lawn: Why People of Faith Should Oppose Religious Monuments on Public Space” at St. Bonaventure University. Professor Finkelman gave the lecture while serving as the Lenna Visiting Professor.

    On Sept. 11, he gave two talks at Touro Law Center, one on "Frederick Douglass's Constitution" and the other was on "Ten Commandments Monuments in Public Space" as well as the issue of religious divorce in civil law.

    On Sept. 9, Professor Finkelman presented "Slavery and the American Founders: Coming to Terms with a Not So Pretty Past" at the Fort Orange Club in Albany.

  • Professor Mary Lynch discussed "The Dynamics of Domestic Violence: Statistical Updates and What is Happening in Trial Courts" for the Appellate Division, Third Department, on Sept. 19, 2013.

  • Professor Sarah Rogerson discussed "Challenges and Creative Solutions: Domestic Violence in the Context of Municipal Tort and Immigartion Law" for the Appellate Division, Third Department, on Sept. 19, 2013.
  • Dean Penelope (Penny) Andrews was one of five women selected out of more than 200 nominations for a Women Who Mean Business award from The Business Review.
  • Professor Ira Mark Bloom, Justice David Josiah Brewer Distinguished Professor of Law, will present a paper on Modernizing New York Trust Law at a meeting of the New York Bankers Association this fall. He will also present a paper on the new Uniform Powers of Appointment Act at the 11th Annual Sophisticated Trusts and Estates Law Institute.
  • Professor Patrick Connors gave a presentation on the activities of the New York State Racing Fan Advisory Council at the New York Racing Association's Board of Trustees Meeting held in Saratoga Springs, N.Y., on Aug. 28, 2013.

    On Aug. 16, Professor Connors delivered an Ethics Update to the Federation of Bar Associations of the Fourth Judicial District at its Summer Meeting in Saratoga Springs.

    On Aug. 9, he delivered an Ethics Update ofr the Albany Law School CLE in Saratoga Series.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, presented the CLE program "Baseball and the Rule of Law: How Our Two National Sports Intersect" for the New York State Bar Association's Young Lawyers Section at Citi Field on Aug. 24, 2013.
  • Professor Ray Brescia has been appointed director of the law school’s Government Law Center, effective Aug. 13, 2013.
  • Professor Benjie Louis presented "Rashomon: An Excercise in Teaching Skills and Values in Face Investigation" at the 4th Applied Legal Storytelling Conference, held at the City Law School of the City University of London.

  • Professor Patrick Connors delivered a New York Civil Practice Update and an Ethics Update to the New York State Bar Association's Trial Lawyers Section at its Annual Summer Meeting in Killarney, Ireland, on July 30, 2013.

  • Professor Jill Dunn has been appointed to be Albany Law School's new Director of Academic Success.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, was the commentator at a session on Race, Politics, and the Law at the annual meeting of the Society for Historians of the Early Republic meeting in St. Louis.

    He gave the morning keynote address "Does Lincoln Deserve the Moniker of the Great Emancipator?" at the annual conference of the Pennsylvania Conference of Trial Judges on July 26, 2013.
  • Served as Co-Chair of AALS Clinical Section Externship Committee. 

  • Plenary Panel Presentation, AALS Conference on Clinical Legal Education, “Outside the In-House Clinic:  Teaching Students to Learn from Practice Settings,” April, 2013.

  • Panel Presentation on Teaching Methods Section Program, “Faculty Collaboration” at AALS Annual Meeting, January 2013.

  • President and Dean Penelope (Penny) Andrews was recently appointed as a member of the Test Development and Research Committee for the Law School Admission Council (LSAC), the organization that administers the LSAT and helps facilitate the law school admission process.
  • Professor Paul Finkelman, William McKinley Distinguished Professor of Law and Public Policy, delivered the talk "Is the Ten Commandments the Moral Foundation of American Law: The Bill of Rights, Separation of Church and State, and the Posting of the Ten Commandments in Public Places" for the Jewish Federation of Northeastern New York and the Congregation Anshe Emeth's Sisterhood in Hudson, N.Y., on July 14, 2013.
  • Associate Dean Alicia Ouellette has been appointed the Associate Dean for Academic Affairs and Intellectual Life, effective July 1, 2013. She will oversee all the major academic operations of the law school, including strengthening and direction of the curriculum; academic programs; compliance with the ABA, AALS and other regulatory agencies; and faculty assignments. She will continue to support faculty in their scholarship production, teaching strategies and service activities.
  • Professor Patrick Connors presented a New York Practice Update to the Onondaga County Bar Association in Syracuse, N.Y., on June 21, 2013.
  • Professor Melissa Breger presented her research “Healing the Wounds of Children Sexually Trafficked Internationally by Examining Strategies for Family Violence Prevention Domestically” at the International Society of Family Law (ISFL) Conference held at Brooklyn Law School from June 6 through 9, 2013.
  • Professor Patrick Connors has taken over the authorship of Professor David Siegel's treatise, New York Practice (5th. ed 2011 West). It had been authored by Professor Siegel since the first edition in 1978. The July 2013 Pocket Part, which includes major developments in New York civil procedure through the winter of 2013, is expected to be published shortly.
  • President and Dean Penelope (Penny) Andrews delivered the keynote address at the Early Care & Learning Council's 2013 Annual Meeting & Luncheon, held June 5, 2013.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, has been reappointed as a distinguished lecturer for the Organization of American Historians for a three-year term starting 2013/2014.

    He spoke on "Abraham Lincoln's Legacy as the Great Emancipator" at the Appellate Courts Conference of Pennsylvania on June 11, 2013.

    Professor Finkelman chaired and commented on the session "African Americans on the Courthouse Steps: Rethinking 'Agency' in the Slave South" for the Law and Society Association on June 1, 2013, and he also served as chair and speaker at the "Roundtable Commemorating the 150th Anniversary of the Emancipation Proclamation."

  • Professor Patrick Connors presented a New York Practice Update to the Rockland County Bar Association in New City on May 30, 2013.
  • Dean Penelope (Penny) Andrews delivered the keynote address at the Annual Meeting and Volunteer Recognition Reception for Upper Hudson Planned Parenthood, Inc., on May 22, 2013.
  • Professor Patrick Connors presented a New York Civil Practice Update to the Capital District Trial Lawyers Association on May 9, 2013, in Albany.

    Professor Connors also moderated a program entitled “Third-Party Litigation Funding: Boon or Bane?” at the Spring Meeting of the Commercial and Federal Litigation Section of the New York State Bar Association on May 4, 2013, in Saratoga Springs, N.Y.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, delivered the talk "How a Railroad Lawyer Became the Great Emancipator" at the "James Oliver Horton Symposium on Abraham Lincoln" in Hawaii on May 25 and 26, 2013.

    On May 18, 2013, Professor Finkelman gave a lecture on Baseball and the Rule of Law to the regional meeting of the American College of Trial Lawyers and then participated on a panel on doping along with Rusty Hardin, the attorney who represented Roger Clemens; and Richard Pound, a member of the International Olympic Committee and the former president of the World Anti-Doping Agency. 

    Professor Finkelman also gave a plenary talk on "Baseball and the Rule of Law" at the 2013 Federal Bench and Bar Conference for the Eastern District of Kentucky on May 14, 2013.

    On May 9, 2013, Professor Finkelman co-taught, with Judge Louis H. Schiff, a day-long CLE for Florida judges on "Court - A Lot More Like Baseball Than You Thought: Rules, Fairness and Calling the Close Ones" at the Florida College of Advanced Judicial Studies, sponsored by the Florida Supreme Court.

    He participated in a panel on "Lincoln, Lieber, and the Law of War from 1863 to 9/11" for The Lincoln Group of D.C. at the U.S. District Court House in Washington, D.C., on May 4, 2013.

    He gave a presentation at the conference "Congress, the Home Front and the Civil War" on May 3, 2013.
  • Professor Patrick Connors and Distinguished Professor Emeritus of Law David Siegel presented a New York Civil Practice Update to the Justices and law clerks of the Appellate Division, Third Department, and the law clerks of the New York Court of Appeals, on May 3, 2013. 
  • Professor Michael Hutter testified on behalf of Court of Appeals nominee Sheila Abdus-Salaam on April 30, 2013.
  • Professor Patrick Connors presented a New York Civil Practice Update to the Federation of Bar Associations of the Fourth Judicial District at its annual meeting in Montreal, Canada, on April 27, 2013. The meeting was attended by Appellate and Trial Court Justices and lawyers within the 11 counties that comprise New York’s Fourth Judicial District.

    Professor Connors also appeared on the ethics portion of a New York State Bar Association webcast program entitled “Reasonable, Ethical and Defensible E-Discovery – A Practical Approach” conducted at the offices of Latham and Watkins in New York City on April 11, 2013.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, delivered The Simon Finkelman Memorial Lecture, "Are the 10 Commandments the Moral Foundation of American Law? Why Jews Should be Concerned about Public Displays of the Decalogue" in Rochester, N.Y., on April 20, 2013.

    Professor Finkelman also participated in a panel on "The Origins and Process of Emancipation" at the symposium "Emancipation at 150" held at Boston College's Clough Center for the Study of Constitutional Democracy on April 23, 2013.

  • Professor Sheldon Halpern, The Honorable Harold R. Tyler Jr. Chair in Law and Technology, will be inducted as a “Life Member” of the American Law Institute at the organization’s Annual Meeting in Washington in May. He was first elected to membership in 1988.
  • Dean Penelope (Penny) Andrews gave a talk at the conference "Lawrence and Goodridge at 10" to be held at Suffolk University School of Law on April 5, 2013. The conference will facilitate reflection on the decade since the landmark decisions of Lawrence v. Texas and Goodridge v. Massachusetts Department of Public Health.
  • Professor Laurie Shanks participated in the event "Teaching 'Real' Family Law: A Celebration of the Scholarship and Service of Professor Margo Melli" and the 6th Annual Midwest Family Law Consortium Workshop, held at the University of Wisconsin from April 5 to 7, 2013.
  • Associate Dean Alicia Ouellette participated in an invitation-only workshop series on "Making Sense of Abortion and Assisted Reproduction" at Rutgers School of Law in Camden, N.J., on April 5, 2013.

  • Spoke to the Clinical faculty at the Indiana University Maurer School of Law about expanding field externship opportunities for students on April 2, 2013.

  • Professor Robert Heverly presented his paper "Regulating the Cyborg" at George Washington University School of Law as part of the institution's Intellectual Property Law Program Papers Series on April 3, 2013.
  • Professor Elizabeth Renuart presented her paper-in-progress "Uneasy Intersections: UCC Articles 3, 9, and the Right to Foreclose" at Suffolk University School of Law on March 28, 2013.
  • Professor Sheldon Halpern, the Harold R. Tyler, Jr., Chair in Law & Technology, gave a lecture on "Fair Use in Copyright Law and it's Role in Harmonization" at Queen Mary University of London Law School on March 15, 2013.  

  • Professor Danshera Cords presented “Let’s Get Together: What Tax Should Learn About Collaborative Regulation Development” at The University of Pittsburgh School of Law Tax Workshop on March 20, 2013.

  • Professor Mary Lynch presented her paper "Theories about Gender Differences Regarding Institutional & Communal 'Housework' in American Law Schools in a time of Economic Distress" at the 15th Annual Conference on Women and Education at Harris Manchester College in Oxford, England, held from March 17 to 21, 2013.

  • Dean Penelope (Penny) Andrews delivered a presentation for the Zonta Club of Albany at its annual Status of Women dinner on March 13, 2013.

    Dean Andrews also gave a talk to The Women's Club of Albany to celebrate International Women's Day on March 10, 2013.

    Dean Andrews delivered the talk "From Cape Town to Kabul: Rethinking Strategies for Pursuing Women's Human Rights" at Siena College on March 8, 2013.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered a talk on Frederick Douglass's Constitution at the Stanford Constitutional Law Center on March 12, 2013.
  • Professor Keith Hirokawa accepted an invitation to deliver the Boehl Distinguished Lecture in Land Use Policy at the University of Louisville in Spring 2016.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered the spring John Marshall Harlan Lecture, titled "'But I Need Kentucky': Lincoln, Emancipation, and the Bluegrass State," as part of a week-long residency program at Transylvania University in Lexington, Ky., from March 3 to 9, 2013.

    Professor Finkelman also gave a lecture at the University of Kentucky Law School co-sponsored by the American Constitution Society and the Federalist Society titled "Are the Ten Commandments the Moral Foundation of American Law?"

  • Dean Penelope (Penny) Andrews delivered The 2013 Paul Robeson Lecture, "A Champion for African Freedom: Paul Robeson and the Struggle Against Apartheid," at Columbia Law School on Feb. 28, 2013.
  • Professor Sheldon Halpern, The Honorable Harold R. Tyler Jr. Chair in Law and Technology, gave a talk on copyright harmonization at Drexel Law School on Feb. 25, 2013.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered the presentation "How a Railroad Lawyer Became the Great Emancipator" at the Thomas Jefferson School of Law in San Diego on Feb. 14, 2013.

    Professor Finkelman also delivered a talk on "The Emancipation Proclamation 150 Years Later" at the LSU Law Center in Baton Rouge, La., on Feb. 21, 2013.

    In honor of Black History Month, Professor Finkelman delivered the presentation "Abraham Lincoln and the End of Slavery: How a Railroad Lawyer Became the Great Emancipator" at the James T. Foley U.S. Courthouse on Feb. 26, 2013.
  • Professor Christian Sundquist was recently included among the law professors who will comprise the Society of American Law Teachers' Fisher v. Texas response team. On Feb. 14, 2013, he delivered the talk "The Future of Affirmative Action after Fisher v. Texas" at an event presented by the New York State Department of Health Affirmative Action Advisory Committee.
  • Professor Mary Lynch delivered the presentation "Redeeming Law Schools: How Do 'Outcomes' Fit In?" for the Touro College Jacob D. Fuchsberg Law Center faculty.
  • Professor Robert Heverly gave a talk on "Tort Liability in Denial of Service Attacks" at St. John's University School of Law as part of a faculty scholarship exchange.

  • Professor Deborah Kearns was named program chair of the American Bar Association's Section of Taxation Pro Bono and Tax Clinics Committee.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, presented a paper on Frederick Douglass's Constitution to the University of Richmond Law Faculty Colloquium on Feb. 1, 2013.
  • Professor Patrick Connors' committee, the New York State Racing Fan Advisory Council, submitted its 2012 Report and Recommendations in an effort to help ensure the state's ongoing prominence in the racing industry.
  • Professor Ira Mark Bloom received the Chair's Award from the Trusts and Estates Section of the New York State Bar Association for his service and leadership to the section and state bar.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered the paper "First Step to Citizenship: Emancipating Slaves and Enlisting Free Blacks Under a Proslavery Constitution" during the 18th Annual Mid-Atlantic People of Color Legal Scholarship Conference 2013 at the University of Pennsylvania Law School in Philadelphia on Jan. 25, 2013.
  • Professor Robert Heverly participated in a workshop on intellectual property at New York University School of Law.

  • Professor Evelyn Tenenbaum presented "Revitalizing Informed Consent to Protect Patient Autonomy" at Albany Medical College on Jan. 17, 2013.
  • Professor Michael Hutter will serve as president of the Albany County Bar Association for the next year. He was elected vice president in January 2011 and served as president-elect for the 2012 term. Justice John T. Casey '49 swore in Professor Hutter at a ceremony on Jan. 16, 2013.
  • Professor Evelyn Tenenbaum presented "Medicine, Ethics and the Law" to second-year students at Albany Medical College in December 2012.

  • Associate Dean Alicia Ouellette, with Professor Mary Lynch, presented on the legal obligations of medical professionals when confronted with interpersonal violence at Albany Medical College on Jan. 10, 2013.
  • Professor Mary Lynch, with Associate Dean Alicia Ouellette, presented on the legal obligations of medical professionals when confronted with interpersonal violence at Albany Medical College on Jan. 10, 2013.
  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, was on a panel for the International Human Rights Section of the AALS on Jan. 6, 2013. The session was on Human Rights in Times of Conflict: New Voices in Human Rights. He spoke on the U.S.-Dakota War of 1862 and more generally on the role of history in understanding human rights in war time.

    He delivered on Sunday, Jan. 13, 2013, a lecture entitled “The Ten Commandments on the Courthouse Lawn and Elsehwere,” at Florida Atlantic University. His lecture was sponsored by the Judaic Studies Program, the History Department, and the Dorothy F. Schmidt College of Arts and Letters.

    Professor Finkelman also delivered the presentation "How a Railroad Lawyer Became the Great Emancipator" at Hudson Valley Community College on Jan. 29, 2013.

    He gave a talk on Jan. 31, 2013, on proslavery religion sponsored by the departments of religion and history at the University of Richmond.

  • Professor Patrick Connors presented a program on recent developments in New York ethics to the Chaminade High School Alumni Lawyers Association in Mineola, N.Y., on Dec. 13.

  • President and Dean Penelope (Penny) Andrews was named to the list of the top 100 most influential black attorneys working in government, academics, and the public and private sectors. This is the second consecutive year Dean Andrews has been named as a Power 100 honoree by the organization On Being a Black Lawyer.

  • Professor Alexandra Harrington delivered a presentation on national and international human rights at the First Annual Health & Human Rights Week, sponsored by the Institute for Health & Human Rights at the University at Albany, on Dec. 6, 2012.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, gave a public lecture titled "Is the Supreme Court a Friend of the Jews" at the College of Jewish Studies in Binghamton, N.Y., on Dec. 6. The College of Jewish Studies is a coalition between the Judaic Studies Department at Binghamton University and various local institutions, including the Jewish Federation of Binghamton and the Jewish Community Center.

  • Professor Patrick Connors and John R. Higgitt '01, Principal Court Attorney to the Administrative Judge of Bronx County, presented a New York Civil Practice Update to the Judges and Law Clerks of the Bronx County Supreme Court at the courthouse on Dec. 6, 2012.

  • Professor Keith Hirokawa delivered a presentation on environment and health at the First Annual Health & Human Rights Week, sponsored by the Institute for Health & Human Rights at the University at Albany, on Dec. 4, 2012.

  • Professor Gerald Rock participated on the panel "Going Pro: Transitioning Students from Social to Professional Correspondence" for the Legal Writing Institute conference at the University of North Carolina's Chapel Hill campus.

  • Professor Alexandra Harrington, along with her research assistant, Nicole Camuti '13, presented via a paper via Skype, "The Future Implications of Recent Free Trade Agreements and Intellectual Property Rights," to the Conference on International Aspects of Intellectual Property Law at Arizona State University on Dec. 1, 2012. The conference, sponsored by the American Society of International Law's Intellectual Property Law Interest Group and the International Law Association (American Branch), focused on cross-border elements of international intellectual property law. The presentation discussed discernible trends regarding intellectual property in recent U.S.-based free trade agreements and similar trends across the remaining global free trade agreement system.

  • Professor Elizabeth Renuart serves as an adviser for the American Law Institute's project on "Restatement of the Third Law, Consumer Contracts." The first meeting for the project took place in New York City on Nov. 30, 2012.​​​

  • Professor Dorothy E. Hill moderated a panel on the film Compliance at the Saratoga Film Forum in Saratoga Springs, N.Y., on Nov. 30, 2012.

  • Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered a presentation titled "Was Abraham Lincoln the Great Emancipator" at The University of North Carolina at Greemsboro on Nov. 29, 2012.

  • Professor Sheldon Halpern, Hon. Harold R. Tyler Jr. Chair in Law and Technology, delivered the 2012 Stephen Stewart Lecture "It's Hard to Play Well with Others: U.S. Constitutional Constraints on Harmonization of Copyright Law" for the IP Institute in London on Nov. 20.​
  • Associate Dean Alicia Ouellette delivered a presentation at the symposium "Freedom of Choice at the End of Life: Patients' Rights in a Shifting Legal and Political Landscape" at New York Law School on Nov. 16, 2012.

  • Professor Paul Finkelman, President William McKinley Professor of Law and Public Policy, gave a talk at "Lincoln and the Dakota War of 1862 - The Good, The Bad, and the Ugly" for The Lincoln Group of the District of Columbia and The U.S. Capitol History Society on Nov. 15, 2012.

  • ​Professor Paul Finkelman delivered the talk, "How a Railroad Lawyer Became the Great Emancipator: Abraham Lincoln and the Problem of Ending Slavery," on Nov. 14,, 2012, at Duke Law School's Robert R. Wilson Lecture.

  • Professor David Pratt participated in a Health Law Society panel on the Affordable Care Act on Nov. 12, 2012.

  • Professor Sarah Rogerson, at Hofstra Law’s symposium called “Immigrants and the Family Court,” presented her research on a panel titled “How Undocumented Status Affects Children and Families,” on Friday, Nov. 9. The presentation was based on a paper Professor Rogerson wrote for an upcoming Family Court Review.

  • Professor Elizabeth Renuart spoke at Harvard Law School on Nov. 9, 2012, at their conference entitled "Community Responses to the Foreclosure Crisis: Strategies Beyond the Settlement.”  She was part of a panel session called "The Foreclosure Crisis Now: The Damage Done and the Road Ahead."

  • Professor Christian Sundquist will speak at the Facing Race national conference in Baltimore, Md., on Nov. 17, 2012, where he will share his views on racial justice in the 21st Century.

  • Professor David Pratt delievered a talk on Medicare for the New York State Defenders' Association on Oct. 31, 2012. He also gave a pension update at the New York Employee Benefits Conference on Oct. 18, 2012.

  • President & Dean Penelope (Penny) Andrews was elected to the board of directors for the Center for Economic Growth (CEG) at the organization’s annual member meeting in Schenectady, N.Y., on Oct. 24.

  •  

    Professor Christine Chung participated in a panel at a symposium on "Financial Transparency and the Role of Government" at the University at Albany on Oct. 23, 2012.

     

  • Professor Stephen Gottlieb, Jay and Ruth Caplan Distinguished Professor of Law, gave a talk at "The 2012 Elections, What’s at Stake?" for the Union of University Professors Capital District Region Committee On Active Retired Membership at the University at Albany on Oct. 2, 2012. He also participated in a panel on "Is all Politics Religious?  Let’s Discuss it,” for the Sid Albert Interfaith Panel Discussion at the Hubbard Interfaith Sanctuary at The College of St. Rose on Oct. 22, 2012, moderated by Dr. Alan Chartock and recorded for airing on WAMC/Northeast Public Radio.

  • Professor Danshera Cords delivered a presentation on "Collaborative Spaces: What Tax Can Learn About Developing Regulations" at the Central States Law Schools Association 2012 Annual Conference in Cleveland on Oct. 20.​
  • Professor Deborah Kearns delivered a presentation on "For Treasury Charity Starts at Home: Treasury’s New Interpretation of the Fiduciary Income Tax Charitable Deductions" at the Central States Law Schools Associa​tion 2012 Annual Conference in Cleveland on Oct. 20.​​

  • Professor Paul Finkelman, President William McKinley Professor of Law and Public Policy,  delivered a talk for the Wepner Symposium on the Lincoln Legacy and Contemporary Scholarship at the University of Illinois Springfield on Oct. 19.​

    Also on Oct. 19, presented on the topic "Freedom Suits, the Dred Scott Decision, and How the 19th century Case Remains Relevant to Contemporary Constitutional Issues" for the Missouri Bar.​

    On Oct. 12, Professor Finkelman delivered the keynote presentation on "Sometimes War is the Only Answer: Mr. Madison's Message in 1812" at the symposium "War Hawks: The United States and the War of 1812" in Milan.

    On Oct. 4, he delivered "Frederick Douglass' Constitution" at Indiana University's symposium titled "Rediscovering the Life and Times of Frederick Douglass."​

  • Professor Patrick Connors presented a New York Civil Practice Update to the New York City Managing Attorneys and Clerks at the law offices of Sidley Austin LLP in New York City on Oct. 19. ​

    On Oct. 5, hr presented a New York Civil Practice Update to the Judges of the New York Court of Claims at the Annual Court of Claims Judges’ Association Meeting in Cooperstown, N.Y.​

    On Oct. 3, Professor Connors presented a New York Civil Practice Update to the Suffolk Academy of Law in Hauppauge, N.Y.

  • Associate Dean Alicia Ouellette delivered a talk on health care reform and another on her book Bioethics and Disability at the American Society for Bioethics and Humanities Annual Meeting in Washington, D.C. Also, an excerpt from her article "Shaping Parental Authority over Children’s Bodies" will be reproduced in Bioethics and the Law, Third Edition (Aspen 2013) by Lois Shepherd and Janice Dolgin.​​
  • Professor Michael Hutter gave a presentation on "Expert Testimony and Related Discovery Issues at the annual meeting of the Association of Justices of the Supreme Court of the State of New York on Oct. 10, 2012. He also delivered his annual updates on Evidence and No Fault/Serious Injury for the New York Academy of Trial Lawyers on Oct. 5, 2012.

  • Professor Sarah Rogerson presented her article "Due Diligence Defined: The Potential of Municipal Tort Liability for Failed Enforcement of Orders of Protection" at CUNY School of Law on Oct. 10, 2012. The paper is soon to be published in the American Journal of Gender, Social Policy & Law.

  • Professor Paul Finkelman, President William McKinley Professor of Law and Public Policy, participated in a panel for "The Life and Legal Thought of Derrick Bell Symposium" at Western New England School of Law on Sept. 28. 

    Professor Finkelman delivered the featured lecture "The District's First Political Trial: The Oberlin Fugitive Slave Case" for "Justice and Legal Change on the Shores of Lake Erie: A History of the Northern District of Ohio" at the University of Akron School of Law on Sept. 27. 

    On September 21, he presented "Was Lincoln the Great Emancipator? Reflections on the 150th Anniversary of the Preliminary Emancipation Proclamation, at the Manoa Campus at the University of Hawaii. 

    He also delivered the talk “Ending Slavery under a Pro-slavery Constitution: Was the Emancipation Proclamation Constitutional?” at the University of Hawaii at Hilo on Sept. 19 to commemorate Constitution Day and the 150th Anniversary of the Emancipation Proclamation. 

    He spoke about emancipation at the event "Lincoln, War, and the Constitution" for The Lincoln Group of the District of Columbia on Sept. 15, and he discussed "Civil Rights and the Constitution before the Civil War" as part of the Rockford Public Schools Freedom Project on Sept. 8, as well as "Leading Change from the Political Arena to the Sports Arena" for the Chicago Federal Leadership Program on Sept. 6. ​

  • Professor Keith Hirokawa discussed "The Development of Federal Environmental Law" on a panel for "Justice and Legal Change on the Shores of Lake Erie: A Hist​ory of the Northern District of Ohio" at the University of Akron School of Law on Sept. 27.

  • Professor Patrick Connors, who chairs New York State’s Racing Fan Advisory Council, appeared on Capital OTB Network’s Track Facts program on Aug. 26 to discuss the Council’s work. 

    On August 30, he chaired a Q&A session that the Council hosted for racing fans at Saratoga Race Course.​

    He also presented a New York Civil Practice Update at Albany Law School’s CLE in Saratoga Program in Saratoga Springs, N.Y., on Aug. 10.​

  • Professor Sheldon Halpern,​ Hon. Harold R. Tyler Jr. Chair in Law & Technology, is leading a working group on intellectual property issues as part of a project supported by a two-year federal grant to explore the impact of digital technology on the collection, preservation and dissemination of oral history. The "Oral History in the Digital Age" project is based at Michigan State University in conjunction with the American Folklore Society at the Library of Congress. Professor Halpern also wrote an essay, "A Shifting Paradigm: Intellectual Property Issues for Oral History in the Digital Age," published as part of the final project documents.

  • Professor Michael Hutter pre​sented two sessions on Evidence, Torts and Negligence at Albany Law School’s CLE in Saratoga Program in Saratoga Springs, N.Y., on Aug. 10.

  • ​Professor Paul Finkelman delivered a talk on Baseball and the Rule of Law to the NYSBA Trial Lawyers Section on July 30, 2012.
  • ​Professor Paul Finkelman authored the piece "Lessons from US baseball for China's troubled football" for the Shanghai Daily on July 24, 2012.
  • Professor Paul Finkelman delivered a series of lectures in China over two weeks in July, spanning such topics as U.S. constitutional law, the Bill of Rights, human rights, and corruption in sports. He spoke at the Peking University Law School and the Chinese University of Politics and Law, among other locations.
  • Professor Evelyn Tenenbaum presented "Four Independent Institutions and an Interprofessional Course," at the American Society of Law, Medicine, and Ethics Health Law Professors Conference in Tempe, Ariz., June 2012
  • ​​Professor Paul Finkelman gave a presentation titled The Fugitive Slave Act & Secession at the NY Court of Appeals on June 7, 2012 as part of the symposium, The Civil War on Trial, at Albany Law School in Albany, NY.

    The three-day program will feature some of the foremost Civil War and Consitutional scholars in the nation on the subjects of the Civil War and the law.

  • ​​Professor Finkelman delivered a presentation on Dred Scott and the Southern Argument for Slavery on May 31, 2012 at The Missouri Historical Society in St. Louis, MO.
  • Professor Evelyn Tenenbaum presented "Public Health Policy and Ethics Practicum," as part of the Alden March Bioethics Institute Clinical Ethics Capstone, at Albany Medical College, January 2009, August 2009, May 2010, May 2011, May 2012, May 2013
  • On May 17, ​​Professor Finkelman gave the Keynote Address titled "Lincoln and Emancipation" at the 2012 Joint Judges and Senior Managers Spring Conference in Washington, DC.
  • ​​Professor Finkelman was the Conference Director for the May 3-5 U.S. Capitol Historical Society conference titled "Creating an Army to Preserve the Nation" in Washington, DC.
  • ​Professor Finkelman chaired "New Perspectives on the Nineteenth CenturySlave Trade" at the 2012 OAH Annual Meeting in Milwaukee, WI on April 20.
  • ​On April 13, 2012 ​Professor Finkelman was the moderator of "Exploring the Role of Expert" at the Conable Conference in International Studies at RIT College of Liberal Arts in Rochester, NY.
  • ​​Professor Finkelman delivered the presentation "Is The Supreme Court a Friend of the Jews?" at Temple Concord in Syracuse, NY on April 3, 2012.
  • ​​Professor Finkelman gave the 2012 John Jay Lecture, "Jay is for Justice: From Slaveholders to Abolitionists, the Jay Family and Racial Justice", on March 25 at the Jay Heritage Center in Rye, NY.

    Professor Finkelman received the "John Jay Medal" from Pace Law School after giving the John Jay Lecture. Past recipients include Justice Harry Blackmun and the great Columbia University historian Richard B. Morris.

  • ​Professor Finkelman was the Keynote Presenter at the Alberta Institute for American Studies on March 15th for a lecture on the U.S. Civil War.  One hundred and fifty years ago today the United States was in the midst of its great Civil War. Over the course of four years about 630,000 Americans would die. What caused this conflict and this giant blood bath? Was it competition between an industrial North and an agrarian South? What it the result of foolish miscalculations and blundering leaders? Did the South secede to protect its "states' rights" from an aggressive national government? Or did the South leave the Union to protect and expand slavery? Did the North fight to preserve national unity, or to end slavery, or for some other reason? This lecture explores all these potential explanations for the most bloody war in U.S. history.
  • ​​Professor Finkelman gave a keynote address titled "What Really Caused the Civil War" at the University of Alberta in Edmonton, Canada on March 15, 2012.
  • Professor Evelyn Tenenbaum presented Federal Litigation Capstones, Inaugural Conference of the Albany Law School Center for Excellence in Law Teaching, Albany, March 2012
  • ​Professor Finkelman appeared on the PBS Special "Lost in History: Alexander Clark", a leader of the civil rights movement that has been forgotten.
  • On February 1, 2012 ​Professor Finkelman discussed "Lessons from Professional Baseball: How Business Laws Strengthen Corporate Governance" at the Aichi International Plaza in Nagoya, Japan.  Dr. Finkelman cited various examples from the sport's history in the United States, highlighting the unique character of the game, and he outlined stark differences in teams based on cultural and economic characteristics among host cities.
  • ​In the weeks between December 26, 2011 and February 13, 2012, Professor Finkelman gave a series of presentations in Japan for the Japan Society for the Promotion of Science Fellowship:
    • Nagoya City University, Current Issues in U.S. Immigration
    • Nanzan University (Nagoya), Talks on Immigration and the 2012 Election; Japanese Immigration to the United States; Plea Bargaining; Peer Review in American Universities; and Defining Slavery under the U.S. Constitution
    • Doshisha University (Kyoto), Seminar in American Constitutional Law on the Brown Decision
    • Kanazawa University, An Overview of U.S. Constitutional Law
    • University of Tokyo, Slavery in World History and in the Modern World
  • ​Professor Finkelman submitted an amicus brief in the case Cantrell v. The Regents of the University of Michigan. The case involves race based admissions policies for Michigan public universities known as Proposal 2.
  • ​On Novemeber 17, 2011 ​Professor Finkelman gave the Gratz CLE Series Shusterman Distinguished Scholar Lecture titled "Is the Supreme Court a Friend of the Jews? The High Court and the Rights of Religious Minorities" at the Jewish Federation of Greater Philadelphia in Melrose Park, PA.
  • ​​Professor Finkelman presented "Hardly an Aberration: Taney, Dred Scott, and Slavery" as part of the session titled "New Histories of the Taney Court" at the 2011 Annual Meeting of the American Society for Legal Historians in Atlanta, GA on November 12.
  • ​​Professor Finkelman presented "The Ten Commandments on the Courthouse Lawn" at Georgia State University on November 10, 2011.
  • ​​Professor Finkelman gave a presentation at Freeman, Mathis & Gary LLP in Atlanta, GA on November 9, 2001.
  • ​​Professor Finkelman gave a presentation at the Carter Center Museum in Atlanta, GA on November 9, 2011.
  • ​Professor Finkelman gave a presentation titled "Defining Slavery Under a Government Instituted for Protection of the Rights of Mankind" at the University of Hull in the UK on November 1, 2011.
  • Professor Evelyn Tenenbaum presented "Reconciling Decision-Making Theories to Protect Intimacy Among Demented Nursing Home Patients" at Conference on "Aging in the U.S.: The Next Civil Rights Movement?", Temple Univ., Philadelphia, October 2011
  • ​​Professor Finkelman gave a presentation titled "Constitutional Slavery" at the University of Edinburgh Center for Legal History in the UK on October 28, 2011.
  • ​​Professor Finkelman gave a presentation titled "Democracy and Slavery: The Great Contradiction of the American Constitution" at the Queen's University of Belfast in the UK on October 27, 2011.
  • ​On October 25, 2011 ​Professor Finkelman presented "Lincoln and Emancipation: How a Railroad Lawyer Freed the Slaves" at the American History Colloquium at the Queen's University of Belfast in the UK.
  • ​​Professor Finkelman gave a presentation at Smith College in Northampton, MA on October 18, 2011.
  • ​Professor Finkelman gave a presentation titled "Who, What and Why: Immigrant Issues in the News" on October 6, 2012 at St. John Fisher's Basil Auditorium. The lecture was organized by Wayne Action for Racial Equality and Migrant Support Services, in conjunction with other organizations working to support farm workers in upstate New York in the face of what they perceive as unjust federal farm labor policies for immigrants.
  • ​​Professor Finkelman gave a presentation titled "Sustaining Immigrant's Human Rights in the 21st Century" at Monroe Community College on October 6, 2011.
  • ​​Professor Finkelman gave a presentation at Smith College in Northampton, MA on October 18, 2011.
  • ​​Professor Finkelman gave a presentation at Youngstown University's Law Day on September 30, 2011.
  • ​​Professor Finkleman gave the presentation "Going to War to Save the Union or to End Slavery? Abraham Lincoln and the Civil War" at The American Civil War Revisited, a Public Affairs Program of the Embassy of the United States in Leipzig, Germany on September 19, 2011.
  • ​Professor Finkelman gave the presentation "The Alexander G. Clark Legacy: Iowa, Rcase, and the Law" on September 16, 2011 at Muscatine Community College.
  • ​​Professor Finkelman presented "How the American Civil War Changed the Nature of World Slavery" at the International Conference titled "The Transitional Significance of the American Civil War: A Global History" at Friedrich Schiller University in Jena, Germany on September 16, 2011.
  • ​​Professor Finkelman presented "Understanding the Meaning of Slavery Before the Thirteenth Amendment" at Washington University School of Law in St. Louis, MO on September 7, 2011.
  • ​​Professor Finkelman presented "The Legal Evolution of Slavery in the British Colonies" at the Charles Hamilton Houston Institute for Race & Justice in Cambridge, MA on August 27, 2011.
  • ​​Professor Finkelman presented "Civil Rights in Iowa: From Emancipated Slaves to Integrated Schools to Marriage Equality" at the Interfaith Alliance of Iowa in Des Moines, IA on August 19, 2011.
  • ​​Professor Finkelman presented at the Northshore Education Consortium Teaching American History symposium "A More Perfect Union: The Origins and Development of the U.S. Constitution" on July 20 and July 21, 2011.
  • ​​Professor Finkelman presented a CLE on the topic of Polly v. LaSalle at the Indiana Supreme Court in Indianapolis, IN on July, 13, 2011.
  • ​​Professor Finkelman presented "The Constitution, Slavery and Indiana" at the Pendleton Public Library in Pendleton, IN on July 13, 2011.
  • Professor Evelyn Tenenbaum presented "The Causation Element of Informed Consent and the Need for Change, American Society of Law, Medicine, and Ethics" at the Health Law Professors Conference in Chicago, June 2011
  • ​On June 25, 2001 Professor Finkelman treated members of Temple Israel in New Rochelle, NY to a brief lesson on how the rights of others have been used as political tools throughout history.
    "It's about civil rights, stupid," exclaimed Finkelman rewording then Arkansas Governor Bill Clinton's campaign slogan adding, "It's not about sex or marriage or law. It is about civil rights and the rights of people to show affection for whoever they want to."
  • ​​Professor Finkelman gave a presentation and signed copies of his book "Millard Fillmore" at the Buffalo & Erie County Historical Society on June 23, 2011.
  • ​Professor Finkelman was the Session Chair for "Law and the American Revolution" at the Omohundro Institute of Early American History and Culture Annual Conference at SUNY New Paltz on June 6, 2011.
  • ​​Professor Finkelman presented "Explaining Phillps's Consitutionalism and Disunionist Views" at the Wendell Phillips Bicentennial Commemoration in Cambridge, MA on June 3, 2011.
  • ​​Professor Finkelman participated in a WAMC Roundtable on the topic of Millard Fillmore on June 1, 2011.
  • ​Professor Finkelman presented "Two American Presidents in the 19th Century: Millard Fillmore and Abraham Lincoln Confront the Jewish Question" at the College of Jewish Studies Spring Lecture Series in Vestal, NY on May 26, 2011.
  • ​Professor Finkelman gave a presentation on Slavery and the Constitution as part of the Teaching American History Program at Edmonds School District in WA on May 21, 2011.
  • ​​Professor Finkelman presented a CLE titled "Dred Scott: A Brief History of Documents" at the 2011 Joint Judges and senior Managers Spring Conference at The District of Columbia Superior court in Washington, DC on May 20, 2011.
  • ​On Monday, Dec 27th, 2010 @ 5pm on 88.3FM, Professor Finkelman was featured on the Capitol Pressroom. The interview can be heard here as a podcast.
  • Professor Evelyn Tenenbaum presented "Ethics and Disability in Later Life" at Conference on Disability and Ethics Through the Life Cycle, Union College, Schenectady, May 2010
  • Professor Evelyn Tenenbaum presented "Health Care Reform and the States" at The 2010 Warren M. Anderson Legislative Breakfast Seminar Series (panel presentation), The Capitol, Albany, April 2010 
  • Professor Evelyn Tenenbaum presented "A New Approach to Helping Students Navigate the Rocky Mountain of Persuasive Facts" at Rocky Mountain Legal Writing Conference, Tempe, Arizona, March 2009
  • Professor Evelyn Tenenbaum presented "Should Nursing Homes Permit Intimacy and Adultery Among Dementia Patients When the Non-Resident Spouse Objects?" at American Society of Law, Medicine, and Ethics, Health Law Teacher's Conference, Philadelphia, June 2008
  • Professor Evelyn Tenenbaum presented "Adultery between Dementia Patients in Nursing Homes: Intimacy for the Lonely or Deplorable Violation of Marital Vows?" at Midwest Family Law Conference, Indianapolis, June 2008
  • Professor Evelyn Tenenbaum spoke about Elderly Drivers on WSLR Radio, The Surreal News, Sarasota, Florida, April 2008
  • Professor Evelyn Tenenbaum presented "Cryogenics in Florida" WSLR Radio, The Surreal News, Sarasota, Florida, September 2007
  • Professor Evelyn Tenenbaum presented "BODY WORLDS, Dignity, and the Uniform Anatomical Gift Act" at the American Society of Law, Medicine, and Ethics Health Law Professors Conference, Boston, June 2007
  • Professor Evelyn Tenenbaum presented "A Marriage of Necessity: Developing Facts Necessary for Effective Analysis and Argument Through Case Law Study" at the Rocky Mountain Legal Writing Conference, Las Vegas, March 2007
  • Professor Evelyn Tenenbaum spoke about "BODIES, the Exhibition" on WSLR Radio, The Surreal News, Sarasota, Florida, January 2007
  • Professor Evelyn Tenenbaum presented "Blurring the Lines Between Clinical and Legal Writing Courses" at Legal Writing Institute Biennial Meeting, Atlanta, June 2006
  • Professor Evelyn Tenenbaum presented "Building Formal Writing Training into the Clinical Experience" at the AALS Conference on Clinical Legal Education, NYC, May 2006
  • Author of five books:

    JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS (1st ed. Michie 1993; 2nd ed., with West, Bix and Lytton, Lexis 2006)

    MORALITY IMPOSED: THE REHNQUIST COURT AND LIBERTY IN AMERICA (NYU Press 2000)

    PUBLIC VALUES IN CONSTITUTIONAL LAW (editor and contributor) (U. Michigan Press 1993)

    TOWARD A USABLE PAST: LIBERTY UNDER STATE CONSTITUTIONS, ed. with Finkelman (U, Georgia Press, 1991; reissued in paper 2009)

    SYSTEMATIC LITIGATION PLANNING (Washington, D.C.:  BNA, 1978)

  • Professor Hutter presented at a program for newly elected state judges conducted by the State Judicial Institute, working with an Appellate Division Judge and a Supreme Court Judge.
  • Professor Ouellette presented a paper on sexual-orientation conversion therapies at the Health Law Professors Conference at Hastings Law School.
  • Professor Ouellette presented on disability-based selection and moderated a panel on constitutional law at the Southeastern Association of Law Schools Annual Conference.
  • Professor Ouellette completed a stint as a guest blogger at healthlawprof.blog.
  • Professor Kearns gave a presentation on Tax Ethics at the New York Business Council's 2014 Annual Conference on State Taxation held at the law school this summer.
  • Professor Hill joined a group of local worker advocates, academics (from Skidmore and SUNY Albany), public health advocates and community members. The group is in the very beginning stages of a study of labor and health conditions in one industry, and plan to continue with the project this year, and likely next summer.
  • Professor Chung spoke at a symposium organized by the WIdener Law Review on municipal fiscal distress and recovery. She has written (and submitted) an article of the same name for publication in the symposium edition.
  • Professor Heverly taught a summer class as part of George Washington University Law School's Munich Intellectual Property Summer Program in Germany in July.
  • Professor Heverly presented on social media and legal ethics throughout the spring, including a number of CLEs for the Appellate Divisions in the Third and Fourth Department and for the Albany County Bar Association.
  • Professor Heverly presented a session on social media at Albany Law School's orientation for the class of 2017 in Augus.
  • Professor Heverly's research on state authority to regulate Unmanned Aviation Systems (also known as drones) is nearing completion, and his larger "Cyborg Project" continues to make good progress.

In the News

  • ​Dean Penelope (Penny) Andrews was featured for "The savor of history" in the Times Union on Sept. 25, 2014.

  • Professor Ray Brescia wrote the op-ed "As School Year Begins, Thinking Outside the Tort" for The National Law Journal on 8/25/14.
  • Professor Evelyn Tenenbaum was featured in "Boomer Sex with Dementia Foreshadowed in Nursing Home" by Bloomberg News on July 22, 2013.
  • Vincent Bonventre, an Albany Law School professor, said the lack of verified facts in the conflict and the broad discretion attorneys general have in how to act make judgments about Schneiderman's role difficult.

    "It's all very murky and a lot of it is because he's not talking and some of the people who are talking don't seem to be making it any clearer," he said. Bonventre noted some commissioners, including co-chairman William Fitzpatrick, were quoted by the Times in private emails complaining about interference by Cuomo, yet publicly say there was none.

    "But if there was something that pretty clearly ought to be investigated because it was suspicious, he should have investigated it," Bonventre said of Schneiderman. "What isn't clear is exactly what was going on. Fitzpatrick says everything was wonderful. But we're pretty sure everything wasn't wonderful."

    From the article "Moreland controversy becomes issue in AG's race" in Newsday on July 29, 2014.
  • Albany Law School professor Vincent Bonventre said he doesn’t expect Cuomo or his aides would face obstruction of justice charges or other legal problems for simply trying to control the panel.

    “But if he or anybody in his office interfered with subpoenas, with the activities of the commission, to cover possible crimes of corruption, that’s not legally permissible,” he said.

    From the article "Moreland Commission members being made deputy attorneys general could come back to bite Cuomo" by the New York Daily News on July 25, 2014.
  • Professor Vincent Bonventre appeared as a guest on Time Warner Cable News' Capital Tonight to discuss recent court decisions related to the Affordable Healthcare Act on July 22, 2014.
  • Professor Patrick Connors was interviewed for the article "NYRA turns it around" in the Schenectady, N.Y., Daily Gazette on July 13, 2014.
  • "We know for a fact, these children face a very perilous journey up through the southern board, it's not an easy journey and at some point there's opportunity to be exploited by human trafficking circles," said Sarah Rogerson, a professor at Albany Law School.

    ...

    "Children have been coming to this country for a very long time. The fact that we have a greater volume of children arriving at a certain point is something we need to address, but we have the infrastructure currently to welcome these children," said Rogerson.

    From the segment "Feds looking for place to house immigrant kids" by WRGB CBS 6 News in Albany on July 9, 2014.
  • Professor Vincent Bonventre talked about recent Supreme Court decisions with Susan Arbetter on the Capitol Pressroom on June 30, 2014. The same day, Professor Bonventre was also a guest on Time Warner Cable News' Capital Tonight with Liz Benjamin.
  • President & Dean Penelope (Penny) Andrews was profiled in the spring 2014 issue of Columbia Law School Magazine.
  • Newsday interviewed Professor Michael Hutter about his recent successful argument before the Appellate Division, Third Department, on behalf of a 9/11 volunteer for the article "9/11 responders, advocates seek workers' comp benefits" on June 22, 2014.
  • Patrick Connors, a professor of law at Albany Law School who is the chairman of the Racing Fan Advisory Council, suggested that the commission appoint a group to study New York takeout rates “to see if that would have an impact on business.”

    From the article "More transparency sought from New York stewards" in the Daily Racing Form on May 27, 2014.
  • "For a lively discussion and debate around these important issues, and Common Core certainly, it's hard to think of a more important issue that the state is grappling with right now," said Ray Brescia, the director of the Government Law Center.

    From the segment "Lawmakers, law students talk Common Core at annual breakfast" by Time Warner Cable News on May 20, 2014.
  • Professor Vincent Bonventre discussed the Supreme Court decision on prayer during town meetings as a guest on WCNY's Capitol Pressroom on May 9, 2014.

  • Professor Melissa Breger of Albany Law School observed that, worldwide, two children are sexually trafficked every minute.

    From "Combatting Human Slavery at the United Nations" on Huffington Post April 25, 2014.
  • Professor Laurie Shanks was interviewed by NPR affiliate WAMC for the segment "Albany Law School Prof. Offers Thoughts On Legal Battle For Gloversville Chimp" on April 27, 2014.

  • “There’s a perception that people don’t confess to crimes they didn’t commit,” says Laurie Shanks, clinical professor of law at Albany Law School in Albany, N.Y. “But the science is that absolutely they do.”

    From "How much can police lie to suspects? N.Y. rulings suggest there's a limit." in The Christian Science Monitor on Feb. 21, 2014.
  • Professor Joseph Connors wrote "Resilience: Weathering The Survivorship Vortex With Clients Living With Cancer" for the National Cancer Legal Services Network Blog.
  • Professor Ray Brescia authored the piece "What D School Can Teach L School and the Law" for The Huffington Post on Jan. 6, 2014.
  • Dean Penelope (Penny) Andrews participated in a PBS NewHour roundtable to discuss "How Mandela forever changed South Africa" on Dec. 6, 2013.

  • "If chimpanzees have rights, then how about dogs?" asked Laurie Shanks, professor at Albany Law. "Would that mean you couldn't legally euthanize? Would it mean we can't eat animals? Where are you going to draw the line?"

    Shanks credited the creativity behind the Nonhuman Rights Project effort and called its petition a serious attempt at expanding how the law protects animals. But she believes the petition won't succeed, because the intent behind habeas corpus is to protect humans (and only humans) from unreasonable imprisonment.

    From the Advocate column "Rights or not, caged chimp deserves better" in the Times Union on Dec. 8, 2013.

  • Professor Paul Finkelman wrote the op-ed "State does religion no favors" for the Times Union on Nov. 29, 2013.
  • Albany Law School’s Christine Chung said she has been hearing more debates about dissolution and government consolidation, but it’s not clear how many communities are taking steps to eliminate levels of government.

    “The conversation has become more common and may have accelerated,” she said. “Villages get to this place for a variety of reasons.”

    From the article "Bridgewater on brink of dissolution" in the Utica Observer-Dispatch on Dec. 1, 2013.
  • Professor Laurie Shanks was interviewed for "Concerns linger after botched rape case" by CBS6 on Nov. 25, 2013.
  • Professor Mary Lynch appeared on The Capitol Pressroom to talk about a new partnership between Albany Law and the Legal Project to create a clinical practice fellowship for young attorneys, enabling them to help victims of domestic violence and gain real life experience.
  • “Property tax is generally the largest source of revenue,” said Christine Sgarlata Chung, an associate professor of law at Albany Law School. “I think budgets across the country and certainly in upstate are feeling the pressure of decreased revenue and often increased expenses.”

    From the article "Frankfort tightens finances less than halfway through year" in the Utica Observer-Dispatch on Oct. 29, 2013.
  • Professor James Redwood discussed his book Love Beneath the Napalm on Colonie TV's Meet the Author program.
  • Professor Vincent Bonventre appeared on YNN's Capital Tonight to discuss the Supreme Court case on religion in government on Nov. 6, 2013.
  • Professor Vincent Bonventre was interviewed by North Country Public Radio for "No consensus on raising judicial retirement age to 80."

  • "You need somebody with wisdom," said Vincent Bonventre, an Albany Law School professor who favors extending the retirement age. "We just lose too many of the very best judges when they're hitting their stride."

    From the article "Just warming up at 70?" in the Times Union on Oct. 19, 2013.

  • Professor Patrick Connors was quoted in the article "Legislators Hire Counsel to Guide Response to Potential Ethics Probe" in the New York Law Journal on Sept. 20, 2013.
  • Professor Nancy Maurer was quoted in the State Bar News story on the MacCrate Report, saying, "In my view, the current debate regarding legal education is a continuation of the debate over the gap between legal education and paractice that began with MacCrate . . . .  More recently after the Carnegie report and best practices in 1997, there was renewed emphasis on graduating practice-ready new lawyers and teaching professional values along with doctrine and practice skills."
  • Professor Vincent Bonventre was interviewed for the Associated Press article "Should NY Court of Appeals judges be allowed to serve until age 80? Voters will decide" on Sept. 26, 2013.
  • Professor Mary Lynch discussed changes in legal education on WNYT’s Forum 13 program on Sept. 1, 2013.
  • Professor Mary Lynch was a guest on WNYT to talk about changes in legal education, including the shift to more experiential learning, on Aug. 8, 2013.
  • Professor Laurie Shanks was interviewed for the article "Raped behind bars" in the Times Union on Sept. 9, 2013.
  • Professor Paul Finkelman was interviewed by WAMC for "Owners Of Local Food Truck File Lawsuit Against NYRA, New York State Officials" on Aug. 29, 2013.
  • Professor Christine Chung appeared as a guest on The Capitol Pressroom with Susan Arbetter to discuss the relationship between ailing cities and the municipal bond market on Aug. 26, 2013.
  • Professor Paul Finkelman examined "The Civil War: The Dakota War of 1862" for C-SPAN on Aug. 24, 2013.

  • President & Dean Penelope (Penny) Andrews' book From Cape Town to Kabul was reviewed by CUNY Law Professor Ruthann Robson on JOTWELL, an online journal for legal academics to identify, celebrate and discuss the best new legal scholarship.

  • Professor Ray Brescia authored the commentary "For the love of the law" for the Times Union on Aug. 18, 2013.
  • Professor Paul Finkelman was a guest on TV Ontario program "The Agenda with Steve Paikin" to discuss the Barry Bonds home run ball case and his role as an expert witness on Aug. 1, 2013.
  • Professor Christine Chung discussed the ins-and-outs of municipal bankruptcy on YNN's Capital Tonight on Aug. 1, 2013.
  • Professor Ray Brescia published his letter "Incentives for Homeowners (and Protection for Renters)" in The New York Times on July 20, 2013.
  • Professor Ray Brescia authored "Bank of America Whistleblowers Allege Rot at the Core of the Mortgage Industrial Complex" for The Huffington Post on June 20, 2013.
  • Professor Ray Brescia authored the piece "Amid The Debate, J.D.'s True Value Gets Lost" for The National Law Journal on Aug. 5, 2013.

  • In "To Be or to Exist," a 2009 article in the Indiana Law Review, Evelyn Tenenbaum, a professor at Albany Law School in Albany, New York, wrote that, although desire for intimacy persists in people with dementia, "nursing homes cannot freely allow sexual relationships" between them. Homes "must intervene to ensure that unsafe and abusive relationships do not occur," she wrote.

    From the article "Permitting sex by geriatrics sets Hebrew Home apart" by Bloomberg News on July 29, 2013.
  • Professor Christine Chung was interviewed about Detroit's bankruptcy and related issues for Upstate New York on WCNY's The Capitol Pressroom with Susan Arbetter on July 25, 2013.

  • Professor Gottlieb is a weekly commentator on WAMC Northeast Public Radio's "Northeast Report." (December 2003 - August 2005, May 2007 to present)
    View transcripts or listen to the podcasts>>
  • Professor Stephen Gottlieb discussed the Supreme Court with Alan Chartock on WAMC Northeast Public Radio on June 27, 2013.
  • Keith Hirokawa, an associate professor at Albany Law School specializing in land use and environmental law, said there is no property right for something built without a permit.

    “In practice, what happens is, everybody’s a little more willing to work together, especially when the owner says they want to comply,” said Hirokawa.

    He added, “The dilemma is that sometimes zoning is very political, which means that local governments often have a political incentive to say, ‘I realize you broke the law, but let’s figure this out…because it will cost you a lot of money to tear that down.’”

    From the article "Landowner fed up after years of zoning gripes" in The Altamont Enterprise on July 11, 2013.
  • Dean Penelope (Penny) Andrews discussed Nelson Mandela's legacy for a segment that aired on WAMC on July 7, 2013.
  • Professor Sarah Rogerson authored the article “Lessons in Real World Service” in the July 2013 issue of Loudonville & Latham Life.
  • Professor Vincent Bonventre was interviewed about the Supreme Court's ruling on affirmative action at colleges and universities for YNN on June 24, 2013.
  • Professor Vincent Bonventre was a guest on Talk1300's Girvin & Ferlazzo Law Show on June 22, 2013.
  • Professor Patrick Connors authored the article "Timing of Expert Disclosure in Context of Summary Judgment Motions" for the New York Law Journal on May 20, 2013.
  • Dean Penelope (Penny) Andrews was interviewed for WNYT's "Today's Women" series on May 2, 2013.
  • Guest speakers during a luncheon at the Radisson Hotel-Utica Centre are: Attorney Frances E. Cafarell, Utica native and clerk of the Appellate Division, Fourth Department; and Penelope Andrews, president and dean of Albany Law School.

    From the article "Law Day celebration features women and the law" in the Utica, N.Y., Observer-Dispatch April 30, 2013.
  • Professor Stephen Gottlieb appeared on WAMC's The Roundtable to discuss the death penalty, Miranda rights, and surveillance and privacy on April 24, 2013. 
  • Michael Hutter, an Albany-based attorney with Powers & Santola, a Law Journal columnist and an Albany Law School professor who frequently argues in the appellate courts, said he includes Abdus-Salaam among the very best jurists in the state, with the potential to become the court's intellectual leader.

    "Her decisions have been absolutely superb pieces of judicial writing, showing clarity, thoughtfulness and putting the decision in proper perspective with regard to possible implications and past precedent," Hutter said.

    From the article "First Department Justice Tapped for Top Bench" in the New York Law Journal on April 8, 2013.
  • Vincent Bonventre, an Albany Law School professor, notes that Gov. Mario Cuomo replaced the lone black judge in 1992 with another African-American. Bonventre says Abdus-Salaam has been a "strong" midlevel court jurist who is "moderately liberal."

    From the article "Cuomo watch: Court picks maintain diversity" in Newsday on April 7, 2013.
  • “The purpose of bail is to ensure that the person shows up for trial,” said Laurie Shanks, a clinical professor of law at Albany Law School. “This is basically, ‘would you run? Do you have anything to lose?’”

    Bail is not, she said, intended to serve as punishment or a means of preventing anticipated future crimes.

    . . .

    Such a change concerns Ms. Shanks, who fears changing the law as a knee-jerk reaction to “an egregious case, like this one.” She argues that defendants are entitled to the presumption of innocence.

    From the article "Massena crime suspect Patrick Lloyd jailed without bail" in the Watertown, N.Y., Daily Times on April 13, 2013.
  • Professor Robert Batson discussed native-state relations on the WWKB-AM radio program "Let's Talk Native" on April 14, 2013.

  • Professor Michael Hutter authored the piece "'Pealer' and Forensic-Related Records: Confronting 'Crawford' and Its Progeny" for the New York Law Journal on April 4, 2013.
  • Professor Robert Heverly appeared on the web-based technology law program "This Week in Law" on March 29, 2013.
  • Professor Paul Finkelman authored the piece "Massachusetts Keeps a Slavery Myth Alive" for TheRoot.com on March 27, 2013.
  • According to New York Court Watcher, a blog maintained by Professor Vincent Bonventre of Albany Law School, the list of seven potential nominees includes three blacks; three women; four appellate judges; three private litigators; one openly gay attorney; six candidates from New York City and one from Buffalo; and no academics, Hispanics, Asians or Republicans.

    From the article "Most Bar Groups Ever Size Up Seven Candidates to Fill Vacancy" in the New York Law Journal on March 22, 2013.
  • Professor Vincent Bonventre appeared on YNN's Capital Tonight to discuss the Supreme Court hearings on same-sex marriage on March 29, 2013.
  • Professor Stephen Gottlieb appeared on WAMC's The Roundtable to discuss same-sex marriage and other legal issues on March 27, 2013.  

  • Melissa Breger, a professor of law at Albany Law School, said that overall, no-fault divorce has been a “welcome alternative” for litigants who do not wish to reveal traumatic facts in public, air dirty laundry in court or, in some cases, perjure themselves by accusing their spouse of behavior that never occurred in order to end their marriage.

    Prior to the law’s passage, Breger had “some serious concerns” about no-fault divorce, as did advocates for domestic violence and other groups, such as the New York chapter of the National Organization for Women and the New York State Catholic Conference.

    The big concern, Breger said, was how the law would impact survivors of domestic violence. Would it make it easier for women to get out of abusive relationships? Or would victims lose their bargaining power when it came to issues such as custody?

    “There was a concern there would be no accountability for