Faculty Information

​​​
  • 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.

  • Forthcoming Publications

    TRIAL PRACTICE 2nd ed. LexisNexis., with Dubin et al

  • 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).

  • 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).

  • Publications

    PROBLEMS AND SIMULATIONS IN EVIDENCE, 4th ed. (LexisNexis, 2010)

    Continuing Professional Development in Law Schools, 41 Toledo Law Review 291 (2010) (Symposium: Leadership in Legal Education)

    Foreword, PIONEERING WOMEN LAWYERS (P. Salkin, editor, ABA 2008)

    SPECIAL EDUCATION LAW 3rd ed. (Carolina Academic Press, 2008) (with Kathe Klare)

    ADVANCED NEGOTIATION AND MEDIATION THEORY AND PRACTICE: A REALISTIC INTEGRATED APPROACH (National Institute for Trial Advocacy, 2005) (with Paul J. Zwier)

    PROBLEMS AND SIMULATIONS IN EVIDENCE, 3rd ed. (LexisNexis, 2004)

    Beware of Navel Oranges (Leadership in Legal Education Symposium III), 34 University of Toledo Law Review 81 (2002)

    SPECIAL EDUCATION LAW 2nd ed. (Carolina Academic Press, 2001) (with Kathe Klare)

    Negocjacje: Teoria, Praktyka i Nauka, (Negotiation: Theory, Practice and Teaching in EDUKACJA PRAWNICZA (1999)

    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)

    A PRACTICAL GUIDE TO NEGOTIATION (National Institute for Trial Advocacy, 1996)

    Patient-Psychotherapist Privilege: Access to Clinical Records in the Tangled Web of Repressed Memory Litigation, 30 University of Richmond Law Review 109 (1996) (with Elizabeth F. Loftus & John R. Paddock)

    The Performance Test: The Next Wave in Bar Examinations, 44 Virginia Lawyer 30 (April 1996)

    VIRGINIA EVIDENCE WITH OBJECTIONS (National Institute for Trial Advocacy, 1995)

    PROBLEMS AND SIMULATIONS IN EVIDENCE 2nd ed. (Anderson Publishing Co., 1995)

    SPECIAL EDUCATION LAW (Carolina Academic Press, 1993) (with Kathe Klare)

    NEGOTIATIONS FOR HEALTH CARE MATERIALS MANAGERS: A SYSTEMATIC APPROACH (Chicago: American Hospital Association, 1993) (with Kathe Klare)

    VIRGINIA EVIDENCE (Norcross, GA.: Harrison Co., 1992) (Annual pocket part supplements)

    Drug Therapy for Persons with Developmental Disabilities: Litigation and Legislation, 12 Clinical Psychology Review 665 (1992) (with Singh & Ellis)

    TRIAL PRACTICE (Anderson Pub. Co., 1991) (with Lawrence A. Dubin)

    PROBLEMS AND SIMULATIONS IN EVIDENCE (Anderson Pub. Co., 1991)

    ADMISSIBILITY OF EVIDENCE IN VIRGINIA: A MANUAL FOR VIRGINIA TRIAL LAWYERS. (Norcross, GA.: Harrison Co., 1990) (with Ronald J. Bacigal) (annual supplements)

    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 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)

    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)

    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)

    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)

    Toward A Unified Approach to Privileges and Relevancy, 17 Memphis State University Law Review 1 (1986)

    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)

    Truthfulness In Negotiation, 17 University of Richmond Law Review 99 (1984)

    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)

    The Psychotherapist-Patient Privilege in Child Placement: A Relevancy Analysis, 26 Villanova Law Review 955 (1981)

    Constitutionality of Presumptions on Receiving Stolen Property: Turning the Thumbscrews in Michigan and Other States, 21 Wayne Law Review 1437-1454 (1975)

​​​​​​​