|Present||Associate Professor of Law, Touro College Jacob D. Fuchsberg Law Center|
Honors and Awards
- Professor of the Year, 2008-2009; 2012-3013
- Contracts I & II
- Business Organizations I & II
- Employment Law
Touro College Jacob D. Fuchsberg Law Center
225 Eastview Drive
Central Islip, NY, 11722
Phone: Office: 631-761-7133
Party Sophistication and Value Pluralism in Contract Touro Law Review (2013)
In a previous article, Contract Law, Party Sophistication and the New Formalism, 75 Missouri L. Rev. 493 (2010), I documented a trend in United States case law and scholarship that fashions a dichotomy between sophisticated ...
Strategic Default: The Popularization of a Debate Among Contract Scholars 9 Cornell Real Est. Rev. 32 (2011)
A June 2010 report estimates that roughly 20% of mortgage defaults in the first half of 2009 were “strategic.” “Strategic default” describes the situation where a home borrower has the financial ability to continue to ...
An Illusory Right to Appeal: Substantial Constitutional Questions at the New York Court of Appeals 31 Pace L. Rev. 583 (2011)
The jurisdiction of the New York Court of Appeals has long been shrouded in mystery. When the Court dismisses an appeal, it provides a boilerplate, one-sentence decretal entry, which gives the litigants little, if any, ...
Contract Law, Party Sophistication and the New Formalism 75 Mo. L. Rev. 493 (2010)
With increasing frequency, courts are mentioning party sophistication as relevant to whether a contract has been formed, whether a contract is enforceable, how the contract should be interpreted, and even, in some instances, the determination ...
A Picture of the New York Court of Appeals at the Time of Wood v. Lucy, Lady Duff-Gordon 28 Pace L. Rev. 357 (2008)
Wood v. Lucy, Lady Duff-Gordon is an enduring part of the Contracts canon. A symposium addressing the legacy of the case would be incomplete without a picture of the New York Court of Appeals at ...
Contracting Out of Process, Contracting Out of Corporate Accountability: An Argument Against Enforcement of Pre-Dispute Limits on Process 75 Tenn. L. Rev. 365 (2008)
There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indeed, presently before Congress is proposed legislation titled the Arbitration Fairness Act, that would ban pre-dispute arbitration in the consumer, franchise and employment ...
Revisiting Austin v. Loral: A Study in Economic Duress, Contract Modification and Framing 2 Hastings Bus. L.J. 357 (2006)
Austin v. Loral, 29 N.Y.2d 124 (1971), is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. It involved Austin, a small ...
The Limitation on Undocumented Workers’ Lost Earnings After Balbuena and Sanango: Crafting a Fair and Principled Balance of Immigration Policy and New York State Labor Law § 240 Safety Goals 30 NYSBA L&E J. 10 (2005)
In December 2004, in a pair of cases, the Appellate Division, First Department, held that under state labor and tort laws, injured workers who are not legally permitted to be present or employed in the ...