Faculty Achievements 2006



Professor Paul Finkelman, the President William McKinley Professor of Law and Public Policy, presented "Why the Jews Lose: Jewish Issues and the U.S. Supreme Court" to the Brandeis Baruch and Chaim Weizmann Societies on December 3 at Congregation Beth Emeth in Albany, N.Y.

Professor Timothy Lytton and Theresa Colbert organized a one-day conference that reviewed and discussed the manuscript of a book entitled Bending Science on December 13 at Albany Law School. The book focuses on the distortion of science in litigation and the regulatory system. Conference participants included book authors Wendy Wagner and Thomas McGarity of the University of Texas Law School as well as law and science-policy scholars from Albany and around the country. The conference was hosted by Associate Dean for Research and Scholarship Gregory Mandel and Albany Law School's Government Law Center and the Science and Technology Law Center. Bending Science will be published in the fall of 2007 by Harvard University Press.

Professor Jeffrey Pearlman spoke about the importance of pro bono recruitment in academic clinics with national taxpayer advocate, Nina E. Olson, at the 2006 Low Income Taxpayer Clinic Conference in New Orleans on December 6.

Associate Dean Patricia Salkin has been appointed to the transition teams for the New York Attorney General-elect Andrew Cuomo '82 and New York Governor-elect Eliot Spitzer. On December 3, Dean Salkin delivered a presentation on eminent domain and religious land uses to the Montabello Jewish Center in the Town of Ramapo, N.Y. On December 7, she presented a session on ethics for the Center for American and International Law's Annual Land Use Institute in San Francisco. On December 14, Dean Salkin participated in a program on ethical considerations for ALJs as part of the Public Service Workshop Program. Salkin also presented a teleconference for the ALI-ABA Land Use Institute on ethical considerations for land use lawyers on December 18.


Professor Vincent M. Bonventre spoke at a public policy forum presented by The Nelson A. Rockefeller Institute of Government on November 29 called "Filling Vacancies on the NYS Court of Appeals: Selection Under the "Nonpolitical Merit" Appointment System."

Professor Paul Finkelman, the President William McKinley Professor of Law and Public Policy, spoke about the history of the Dred Scott decision at the New-York Historical Society on November 28.

Professor James Gathii presented a paper titled, "The High Stakes of WTO Reform," at the Globalization Workshop at the University of Toronto Law School on November 1.

Professor Sheldon W. Halpern, the Hon. Harold R. Tyler Jr. Chair in Law and Technology, Professor Paul Finkelman, the President William McKinley Professor of Law and Public Policy, and Luke Bierman, Esq., fellow in Government Law and Policy with the Government Law Center, addressed a delegation of Russian judges on November 16. The Russian judges visited Albany Law School on November 15-16 as part of the Open World Program. Prof. Halpern spoke about issues in international globalization and harmonization of intellectual property rights, Prof. Paul Finkelman presented on the role of free speech in democracy and the American culture, and Luke Bierman talked about the structure of the state and federal court systems in the U.S. and the role of judges within those systems.

Associate Dean Gregory Mandel's article, "Patently Non-Obvious: Empirical Demonstration that the Hindsight Bias Renders Patent Decisions Irrational," 67 Ohio State Law Journal ___ (2006), has caught the attention of leading patent law blogs such as IPKat (www.ipkitten.blogspot.com) and Patently-O (www.patentlyobviousblog.com). IPKat has referred to Mandel's work as a "Mandelian Proposition."

Associate Dean Patricia Salkin has published the following: "Eminent Domain Legislation Post Kelo: A State of the States," 36 Environmental Law Report 10864 (November 2006); "Modernizing Zoning for Home Occupations," 9 Zoning Practice 2 (September 2006); "New York Adopts Mandatory Training Law for Members of Planning and Zoning Boards: Implementing the New Law," New York Zoning Law and Practice Report (September/October 2006); and "Ethical Considerations in Land Use Decision Making: 2006 Annual Review of Cases and Opinions," 38 The Urban Lawyer 669 (Summer 2006). On October 21, Salkin spoke at the Annual Meeting of the Young Lawyers of the New York State Bar Association on the Nuts and Bolts of Land Use Law. 


Professor James Gathii presented a paper, "The Last Frontier: Intellectual Property Rights and Least Developed Countries," at the 2006 International Law Weekend of the American Branch of the International Law Association in New York City on October 27.

Professor Sheldon W. Halpern, Hon. Harold R. Tyler, Jr. Chair in Law and Technology, presented a two-day interdisciplinary conference on the "Impact of Technological Change on the Creation, Dissemination and Protection of Intellectual Property" in New York City on October 26-28. At the fall meeting of the New York State Bar Association Intellectual Property Section, Halpern served as  moderator/organizer for two panel discussions on issues in trademark law. He also recently spoke at the Association of American Law School's Intellectual Property Section program on moral right in Vancouver, British Columbia, Canada.

Associate Dean Gregory Mandel published an article with Professor James Gathii called "Cost-Benefit Analysis versus the Precautionary Principle: Beyond Cass Sunstein's Laws of Fear" in the University of Illinois Law Review (Fall 2006). 

Associate Dean Patricia Salkin has been appointed to the NYS Comptroller's Local Government Research Advisory Group. On October 3, Dean Salkin presented a course for the Union College Academy for Lifelong Learning as part of the College's Law and Society Program. Salkin addressed the topic of eminent domain. On October 5, Dean Salkin delivered a presentation at the annual meeting of the New York Conference of Mayors on the government attorney-client privilege of confidentiality. On October 10, Dean Salkin delivered two presentations at the annual meeting of the New York Planning Federation. The topics covered ethics in land use planning and intermunicipal cooperation in land use planning and zoning.


Professor Ira Bloom's letter to the editor about estate tax hypocrisy was published in Tax Notes, a tax policy and news magazine that serves tax practitioners and policymakers with inside information on critical tax law information and important policy changes. It contains articles by tax experts as well as the nation's leading practitioners, academics and policy experts.

Professor Wendy B. Davis organized a one-day conference called, "In the Aftermath of Enron: Legal Issues and Strategies in Mergers and Acquisitions," presented at Albany Law School on September 8.  

Professor Paul Finkelman published an article in 62 New York University Annual Survey of American Law 45 (2006) called "Thomas Jefferson, Original Intent, and the Shaping of American Law: Learning Constitutional Law from the Writings of Jefferson." Finkelman's book A History of Michigan Law (Athens: Ohio University Press, 2006) was honored with the Historical Society of Michigan's State History Award for the best scholarly book on Michigan History.

Professor James Gathii presented a paper, "The History and Politics of Constitutional Reform in Kenya," at the Kennesaw State University 2006-2007 Year of Kenya Lecture Series on September 21.

Associate Dean Patricia Salkin co-authored the book Land Use in a Nutshell, published by Thomson-West, an addition to the Nutshell series for law students, non-lawyers and lawyers. Salkin's article, "States Begin to Recognize that Training is Essential for Members of Planning and Zoning Boards and Local Legislative Bodies," appeared in the 33 Real Estate Law Journal 315 (Fall 2006). She was a speaker in an audio seminar presented by the ALI-ABA called "Homeland Security, Disaster Preparedness, and Response Issues in Land Use Planning and Real Estate Development" on Sept. 8.  Salkin also spoke at the September 16 meeting of the Municipal Law Section of the New York State Bar Association on the subject of eminent domain. On September 27, Dean Salkin addressed the legal aspects of intermunicipal cooperative agreements and shared services agreements during a statewide teleconference on shared municipal services sponsored by the New York State Department of State. 


Professor Ira Bloom submitted a manuscript of his revised marital deduction chapter for fall publication in his treatise Klipstein and Bloom, Drafting New York Wills. He now serves as Treasurer of the Trusts and Estates Law Section of the New York State Bar Association (NYSBA). Prof. Bloom will continue as an officer and will be Chair of the Section in 2009. He is the first academic to be elected as an officer of the Section.

Professor Gregory Mandel presented "Patently Non-Obvious: Empirical Studies on the Hindsight Bias in Patent Law" at the Intellectual Property Scholars Conference at Boalt Hall-Berkeley School of Law in August 2006.

Associate Dean Patricia Salkin's article "Zoning for Home Occupations: Modernizing Zoning Codes to Accommodate Growth in Home-Based Businesses" appeared in 35 Real Estate Law Journal, 181 (Summer 2006). Her article, "Swift Legislative [over]Reaction to Eminent Domain: Be Careful What You Wish For," appeared in the July/August 2006 issue of Probate & Property, published by the ABA Real Property, Probate and Trust Law Section (p. 44).


Professors Melissa Breger, Mary Lynch and Nancy Maurer were facilitators at the "Partners in Justice Colloquium II: A Collaboration Among the Bench, the Bar and the Academy," hosted by Chief Judge Judith S. Kaye and the Judicial Institute on June 15, 2006. Professor Breger also presented her workshop report for the Afternoon Plenary. The substantive topic, "Collateral Consequences of Criminal Charges," is based upon a "4cs" web site launched by Judge Kaye at the State of the Judiciary earlier this year. Professor Breger is the statewide content manager for the Family Law Section of the "4cs" web site, which is currently hosted by Columbia Law School. Professor Joseph Connors is a member of the focus group for this Family Law Section.

Professor Timothy Lytton organized a roundtable discussion at the Annual Law & Society Conference in Baltimore (July 6) on "The Impact of Tort Litigation on Public Policy and Government Regulation" and presented a paper entitled "Tort Claims, Framing, and Agenda Access: The Case of Clergy Sexual Abuse Litigation."

Professor Joan Matthews and Prof. Alicia Ouellette presented "Advancing Advanced Legal Writing" at the Biennial Conference of the Legal Writing Institute in Atlanta.

Professor Alicia Ouellette presented a lecture, "Federalism and Bioethics," at a Rockefeller Institute conference on the role of states in bioethics. She also presented "Disability and the End of Life" at the Health Law Teachers Conference in Baltimore. As part of the program, "The Connecticut Urban Consortium for Teaching United States Constitutional History," Prof. Ouellette taught a workshop entitled "Life, Death, and the U.S. Supreme Court" to high school social studies teachers at Yale University. She helped organize the "Politics and Bioethics" conference, presented by the Alden March Bioethics Institute of Albany Medical College on July 13-14. At the conference, she chaired a panel called "Death and Dying in America" and presented a paper entitled, "The Disability Lobby and Disability Scholarship, an Uncomfortable Marriage." Prof. Ouellette is also publishing an article, "Disability and the End of Life," in the Oregon Law Review.

Associate Dean Patricia Salkin co-authored with Lora Lucero, Esq. and Allyson Phillips '06, a chapter in "Eminent Domain Use and Abuse: Kelo in Context" published by the ABA Section of State and Local Government Law. Dean Salkin also co-authored with Allyson Phillips '06 "Eliminating Political Maneuvering: A light in the tunnel for the Government Attorney-Client Privilege," published in 39 Indiana Law Review, 561 (2006). On June 22, she participated as a speaker in an audio seminar presented by the ALI-ABA as part of its Land Use Series on "Eminent Domain, Economic Development, and Redevelopment: A National Retrospective and Prospective on the First Anniversary of Kelo v. City of New London."  Professor Salkin also served as a moderator for the American Planning Association's national annual audio conference, "Planning Law Review" on June 28. Dean Salkin also spoke at the University of New Mexico School of Law on the intersection of environmental justice and local land use planning on July 18. The Government Law Center of Albany Law School was a national co-sponsor of this training program for local government officials, lawyers and planners.

Professor Evelyn M. Tenenbaum presented "Blurring the Lines Between Clinical and Legal Writing Courses" at the Twelfth Biennial Conference of the Legal Writing Institute in Atlanta in June 2006.


Professor Ira Bloom was recently elected to serve as Treasurer of the Trusts and Estates Law Section of the New York State Bar Association (NYSBA).  He is the first law professor to serve as an officer of Trusts and Estates section,  which is NYSBA's second largest section consisting of approximately 5,000 members.  In subsequent years he will serve as Secretary, Chair-Elect and Chair in 2009.

Professor Vincent Bonventre presented "The Role of State Supreme Courts in Protecting Civil Rights and Liberties" at Cornell Law School in March 2006 and a session on "The New York State Court of Appeals" at the Rockefeller Institute in Albany in February. Other recent presentations include lecturing the Criminal Justice Section of the New York State Bar Association on "Criminal Law Voting and Opinions at the Court of Appeals: Focus on Rosenblatt" and presenting "Aristotle Cicero, and Cardozo: A Perspective on External Law" at the fall Albany Law Review Symposium.  His article, "Judicial Activism, Judges' Speech, and Merit Selection: Conventional Wisdom and Nonsense", was published in 68 Albany Law Review (2005).

Professor James Gathii published "How American Support for Freedom of Commerce Legitimized King Leopold's Territorial Ambitions in the Congo" in Padideh A'lai et al, Trade as Guarantor of Peace, Liberty, and Security? Critical, Historical and Empirical Perspectives, 2006. He also published "The High Stakes of WTO Reform" 104 Michigan Law Review, 1361 (2006). 

Professor Stephen E. Gottlieb and Professor Timothy D. Lytton published a new coursebook, Jurisprudence, Cases and Materials: An Introduction to the Philosophy of Law and its Applications, Second Edition, by Stephen E. Gottlieb, Robin L. West (Georgetown Law), Brian Bix (University of Minnesota Law School) and Timothy D. Lytton (Lexis, 2006) together with Teachers' Manual for Jurisprudence, Cases and Materials: An Introduction to the Philosophy of Law and its Applications, Second Edition, by Stephen E. Gottlieb, Robin L. West, Brian Bix and Timothy D. Lytton (Lexis, 2006).

Professor Peter Halewood co-hosted a discussion on the topic of legal education at a Harvard Law School conference in April.

Professor Katheryn Katz presented a paper "The Legal Status of the Pre-Embryo" at a conference on "DeFrosting the Debate: Analyzing the Nexus between Adoption and Frozen Pre-Embryos" at Capital University Law School in Columbus, Ohio, in April.

Professor Laurie Shanks was presented a New York State Bar Denison Ray Award in the Criminal Defender Category. The Denison Ray awards, named for a renowned legal services advocate, is to recognize outstanding public service staff attorneys who provide criminal and/or civil representation to low-income and disadvantaged clients. 

Professor Evelyn Tenenbaum presented "Building Formal Writing Training into the Clinical Experience" at the AALS Conference on Clinical Legal Education in New York City in May 2006.

Professor Donna Young co-hosted a discussion on criminal law at a conference at Harvard Law School in March.

MARCH 2006

Professor Ira Bloom presented a paper, "Planning Considerations for the New York Estate Tax," at the Third Annual Sophisticated Trusts and Estates Law Institute, NYSBA. The Institute bills the event as a presentation by a nationally prominent faculty.

Professor Melissa Breger was selected by Chief Judge Judith Kaye to manage and compile the family law section of the new web site from Columbia Law School: Collateral Consequences of Criminal Convictions.

Professor Bridget Burke is publishing "The Tao of Professionalism" in an international law journal.

Professor Patrick Connors presented a program in December 2005 on ethics at Chaminade High School in Mineola, Long Island, where he graduated in 1981. The program had over 50 attendees and was co-sponsored by the Albany Law School Institute of Legal Studies and the Chaminade Alumni Lawyers Association. Professor Connors also co-authored with adjunct professor Thomas F. Gleason '78 the New York Practice column in the January 12, 2006, New York Law Journal titled, "Problems at the Starting Gate." The piece discusses filing problems at the county clerk's office and Harris v. Niagara Falls Board of Education, argued before the New York Court of Appeals in January 2006. Professor Connors also moderated a panel with judges and lawyers on Ethical Issues in Federal and State Court Litigation presented by the Commercial and Federal Litigation Section of the New York State Bar Association at their annual meeting in January.

Professor James Gathii wrote a book review of Comparative Constitutionalism and Good Governance in the Commonwealth: An Eastern and Southern African Perspective by John Hatchard, Muna Ndulo, and Peter Slinn in 4 International Journal of Constitutional Law, 172 (2006). Gathii also wrote "Minority Rights in Corporate Law: A reply to Chander," 19 National Black Law Journal (Columbia Edition), 57 (2005-6) and "International Justice and the Trading Regime," 19 Emory International Law Review, 1407 (2005). In March, Gathii presented three papers. The first, "Exporting Culture Wars," was presented at the University of California-Davis Conference on Family Planning and Aids Policies in the International Community. The second, "Multinational Corporations and Human Rights: A Transactional Approach," was presented at the 100th American Society of International Law Conference in Washington, D.C., on the theme, "A Just World Under Law." The third, he presented "Third Approaches to International Law," at a Harvard Law School conference on "Teaching from the Left."  

Professor Michael J. Hutter participated in judicial education programs for newly elected New York State court judges in December. He gave lectures on New York evidence and medical evidence in no-fault cases. Hutter also signed the amicus curiae brief submitted to the United States Supreme Court in Holmes v. South Carolina by 20 law professors. Recently, Hutter was asked by the American Bar Association to review a proposed code of evidence for the Philippines that was prepared by the Philippine Government.

Professor Gregory Mandel published two law review articles: "Promoting Environmental Innovation with Intellectual Property Innovation: A New Basis for Patent Rewards," in the Temple Journal of Science, Technology, and Environmental Law and "Toward Rational Regulation of Genetically Modified Food" in the Santa Clara Journal of International Law.

Professor Alicia Ouellette presented "Disability and End-of-Life Decision-making" to the Capital District Medical Decision Making group in December at Albany Medical Center. Her article, written with a group of bioethicists, "Lessons Across the Pond: Artificial Reproductive Technology in Great Britain and the United States" was published by the American Journal of Law and Medicine. Prof. Ouellette also helped organize a conference on ethics and professionalism for the Stratton VA Medical Center.

Professor James Redwood's short story collection, "Love Beneath the Napalm," was one of the finalists for the 2005 Flannery O'Connor Prize.

Associate Dean Patricia Salkin has published the following: "GIS in an Age of Homeland Security: Accessing Public Information to Ensure a Sustainable Environment," 30 William and Mary Environmental Law and Policy Review 55 (Fall 2005); "Integrating Local Waterfront Revitalization Planning into Local Comprehensive Planning and Zoning," 22 Pace Environmental Law Review 207 (Fall 2005); "Researching Land Use Legal Issues on the Internet," Zoning & Planning Law Report (December 2005); and "Irresponsible Legislating: Reeling in the Aftermath of Kelo," 34 Real Estate Law Journal (Winter 2005) with Margaret Lavery '07 . Dean Salkin also presented at the Annual Meeting of the American Association of Law Schools on the impact of recent U.S. Supreme Court decision, Kelo v. City of New London, dealing with eminent domain.

Professor Sandra Stevenson's work on the leading text, State and Local Government in a Federal System, Sixth Ed., has recently been published by LexisNexis. She joined with co-authors Daniel R. Mandelker, Howard A. Stamper Professor of Law, Washington University in St. Louis School of Law; Dawn Clark Netsch, Professor of Law Emeritus, Northwestern University School of Law; Peter W. Salsich, Jr. McDonnell Professor of Justice in American Society, St. Louis University School of Law; Judith Welch Wegner, Former Dean and now Professor of Law, University of North Carolina School of Law; and Janice C. Griffith, Former Dean and now Professor of Law, Georgia State University College of Law. In addition, Prof. Stevenson's work in her six-volume treatise, Anteau on Local Government Law, Second Ed., has recently been cited by an Arizona Court, the Supreme Court of Nebraska, the Supreme Court of Alaska, and the Supreme Court of Washington.