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Books and Cassette Series
Kind Words Conquer (forthcoming, 2008).
Contributor, (with Justice Daniel J. O'Hern), Reaction and
Reform in New Jersey (Hall Institute, 2007).
Contributor, The Affective Assistance of Counsel: Practicing Law As
a Healing Profession (Marjorie Silver, ed.) (Carolina Academic Press, 2006)
Contributing author (with David Callies), Residential
Privilege: The Advent of the Guarded Subdivision, to appear
in America’s Second Gilded Age? Perspectives on Law and Class
Differences, (NYU Press, 2005, Paul Carrington & Trina
Jones, eds.).
Special Ethics Counsel, Report to the Governor of the State of
New Jersey: Ethics Reform Recommendations for the Executive Branch
of New Jersey Government
(March 14, 2005) (available
from the Office of the Governor and on-line at
http://www.state.nj.us/governor)
Contributor, Steven Friedland & Gerald Hess, Teaching the Law School
Curriculum (2004)
Franzese, Legends of the Law on Property (CD & cassette series)
(Thomson, 2003).
Casebook, Property Law and the Public Interest (Second Edition,
Lexis 2003) (with Mandelker, Callies & Hylton)
Teachers' Manual, Property Law and the Public Interest (Lexis, 2003)
(with Mandelker, Callies & Hylton)
Contributor, The Law According to Skyboxes (Paul Carrington, ed.)
(2005)
Franzese on Real Property, Law School Legends in the Law Series
(six-volume audio series) (Harcourt Brace, 1996).
Throw Your Fears Out the Window: A Book of Wisdom, Guidance and
Inspiration for Law Students and Lawyers, (Donnelley, 1997).
Co-author, New Jersey Forms of Jury Instruction (Matthew Bender,
200_).
Contributing Author, Martindale-Hubbell Law Series (drafted short
section on Real Property) (1998).
Law Review Articles
Trust and Community: The Common Interest Community as Metaphor
and Paradox, 72 Univ. of Missouri L. Rev.
1110 (2007).
The Twin Rivers Case: Of Homeowners Associations, Free Speech
Rights and Privatized Mini-Governments (with Steven Siegel),
Rutgers J. Law & Social Policy (2007).
Restoring the Public Trust: An Agenda for Ethics Reform of State
Government and a Proposed Model for New Jersey, 57 Rutgers L. Rev.
1175(2005)
Privatization and Its Discontents: Common Interest Communities
and the
Rise of Government for the "Nice." 37 The Urban Lawyer
335 (2005)
Solutions to the Crisis in Affordable Housing: A Proposed
Model for New York City,
Rutgers J. Law & Urban Policy
(with Maria Anderson) , 3 Rutgers J. of Law &
Urban Policy 84 (2005)
Building Community in Common Interest Communities: The Promise of
the Restatement (Third) of Servitudes, 38
Real Property, Probate and
Trust Journal 17 (Spring, 2003).
Ramapo Looking Forward: Gated Communities: Covenants and Concerns
(with David Callies & Heidi Kuth), 35
Urban Lawyer 177 (2003).
Does It Take A Village?, Privatization, Patterns of Restrictiveness
and the Demise of Community, 47
Villanova L. Rev. 553 (2002).
Common Interest Communities: Standards of Review and Review of
Standards, 3 Washington Univ. J. Law & Public Policy 265 (2000).
Mother Teresa's Legacy to Lawyers (with C.M.A. McCauliff), 28
Seton
Hall L. Rev. 101 (1998).
The Betrayed Profession, (Book Review of Sol Linowitz's work) 25
Seton Hall L. Rev. 488 (1994).
Secured Financing's Uneasy Place in Bankruptcy: Claims for Interest
in Chapter 11, 19 Hofstra L. Rev.
1 (1991).
"Out of Touch": The Diminished Viability of the Touch and Concern
Requirement in the Law of Servitudes, 21
Seton Hall L. Rev. 435
(1991).
Book Review, Duncan & Lyons, The Law and Practice of Secured
Transactions, Columbia Business L. Rev. 537 (1989).
"Georgia on My Mind" - Reflections on O'Keeffe v. Snyder, 29
Seton
Hall L. Rev. 30 (1988).
Mount Laurel III: The New Jersey Supreme Court's Judicious Retreat,
18 Seton Hall L. Rev. 30 (1988).
Symposia
Homeowners' Associations: Problems and Solutions,
Rutgers J. Law & Policy, (forthcoming, 2007).
The Presidency in Crisis: A Conversation with Congressman Rodino, 30
Seton Hall L. Rev. 201 (1999).
Housing and Hope: The Crisis in Homelessness, Discrimination in
Housing Lending and An Agenda for Landlord/Tenant Reform, 29
Seton
Hall L. Rev. 1461 (1999).
Censorship of Cable Television's Leased and Public Access Channels,
6 Fordham Intell. Prop., Media & Ent. L.J. 465 (1996).
Commercial Litigation: Federal and State Update: Federal Courts and
Jury Trials (NYSBA, 1996).
First Amendment and the Media: Regulating Interactive Communications
on the Information Superhighway, 5
Fordham Intell. Prop., Media &
Ent. L.J. 279 (1995).
Mount Laurel and the Fair Housing Act: Success or Failure?, 19
Fordham Urban L.J. 59 (1991).
Shorter Articles & Essays
The Sub-Prime Mortgage Fallout, op-ed, The Record,
April 1, 2008.
Legislature in Need of Stronger Ethics Watchdog, op-ed,
Asbury Park Press, April 1, 2008.
Teaching Civic Virtue, Not Cynicism, op-ed, The Newark Star
Ledger, March 27, 2008.
Commentary: Committee for a Better Twin Rivers v. Twin Rivers
Homeowners' Ass'n, 192 N.J. 344 (N.J. 2007)
Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n
The Good Lawyer: Finding Meaning Through Service, New
Jersey Lawyer Magazine (Dec. 2007).
Ethics Reform is Here, Just in Too Few Places, Op-ed,
Newark Star Ledger (Sept. 25, 2007).
A Cost to Privatizing Communities, Op-ed, The Newark Star
Ledger, Aug. 24, 2007 (with Steven S. Siegel, Esq.)
Regular Contributor to NJ Voices.com (the Newark Star Ledger blog).
We Must Teach Foundations of Civility, Phil. Inquirer,
Apr. 2, 2007.
A Truth in Campaigning Law for New Jersey,
(with Justice Daniel J. O'Hern), NJ Law Journal, (Dec. 18, 2006).
Can We Restore Public Trust?, New
Jersey Municipalities Magazine (Nov. 2006).
Kind Words Conquer: Reclaiming the Promise of Professionalism, NJ
State Bar Foundation, Oct. 13, 20, 2006.
Making the Ethics Laws Uniform,
(with Justice Daniel J. O'Hern), The Newark Star Ledger (June 24,
2006).
Kelo One Year Later, (with Prof.
Marc Poirier), The Newark Star Ledger (June 24, 2006).
New Jersey's Chance for Eminent Domain Reform,
(with Marc Poirier), The Newark Star Ledger, June 21, 2006.
We Can Get Back to Kansas: Making Real the Promise of Ethics
Reform, The Newark Star Ledger 13 (April
17, 2006).
Tribute In Memory of Congressman Peter W. Rodino, Jr.,
1909-2005, Keep That good Heart: The Life and Legacy of Congressman
Peter W. Rodino, Jr. Seton Hall L. Rev. 36 (2006).
Homeowner Boards Cannot Exclude Democracy,
The Newark Star Ledger, February 20, 2006.
Jon Corzine's Chance to Do Right: Advancing the Cause of
Ethics Reform, The Newark Star Ledger, Nov. 10, 2005.
"Keep that Good Heart" - The Life and Legacy of Cong. Peter W.
Rodino, The Newark Star Ledger, May 17, 2005.
A Top Ten List for Ethics Reform, The New Jersey
Law Journal, March 28, 2005.
The Cornerstone of Good Government, The New Jersey
Lawyer, March 28, 2005.
A Government Worthy of Trust, The Newark Star Ledger, March 15,
2005.
Co-author,
Amicus Brief in Kelo v. City of New London, submitted to
U.S. Supreme Court (2005).
Teaching Commercial Law: A Demonstration and Deconstruction
(appears
in Friedland & Hess, Teaching the Law School Curriculum (2004).
The Learned Justice Handler: Fond Reflections of a Former Clerk, 30
Seton Hall L. Rev. 734 (2000).
To Be the Change: Finding Higher Ground in the Law, 50
Maine L. Rev.
11 (1998).
E Pluribus Unum: From Many One, 24
Seton Hall L. Rev. 101 (1996).
The Community of Law Teachers and Scholars Expands: Guideposts for
New Faculty, 22 Seton Hall L. Rev. 1375 (1992).
The Mentor Program: Building Bridges to the Community, 22
Seton Hall
L. Rev. 1366 (1992).
Reclaiming Our Noble Profession, 22
Seton Hall L. Rev. 307 (1992).
From Tragedy, Hope: The Good Lawyer and the Pursuit of the Public
Interest, 32 Seton Hall L. Rev. 451 (2002).
It's Not What We Take With Us That Counts; It's What We Leave
Behind, New Jersey Lawyer Magazine (June, 2000).
The Law and More: Ten Guideposts for Success, New Jersey Lawyer
(Jan. 11, 1999).
Finding Higher Ground in the Law, ABA The Young Lawyer (Nov. 1997).
Reclaiming Our Noble Profession, New Jersey Law Journal (Jan. 1993).
Keynote Addresses and Presentations
Property Caselaw Review at American Bar Association
Annual Meeting, May
2, 2008, Washington D.C.
Leading with Conscience at Annual Meeting, Public
Purchasing Personnel, May 1, 2008, Atlantic City,
N.J.
Beyond Ethics: The Coexistence of Zealousness, Professionalism
and Civility, at the American Bankruptcy Institute's Annual
Meeting, April 6, 2008, Washington D.C.
The Ethical Imperative in an Age of Dysfunction,
American Gift Planning Council, March 24, 2008, Princeton, NJ
Ethics and Zealous Advocacy, American Bankruptcy Institute
Plenary Session, April 5-6, 2008, Washington, D.C.
Leading with Conscience, Governor's Conference on Women in
Government, March 5, 2008, Atlantic City, NJ
Ethics, E-mail, the Web and the Blogosphere: Rules and Values for
Practice in Cyberspace. American Bankruptcy Institute's
Annual Meeting, Dec. 7-9, 2007, Rancho Mirage, California.
New Jersey Law Journal's Annual Review of New Jersey Civil
Caselaw, Dec. 2007-Feb. 2008.
The Gender Divide: Women and the Law, Bergen County
Women Lawyers Assn., Nov. 7, 2007, East Rutherford, NJ
Women in Government, Plenary Address, League of
Municipalities Annual Convention, Nov. 15, 2007, Atlantic City, NJ
Law as a Healing Profession, Touro Law School, Nov. 4-5,
2007, Central Islip, NY.
The Good Lawyer: Choosing to Believe in the Promise of Our
Craft, Association of Trial Lawyers of America Women's Trial
Lawyer Caucus, Oct. 19, 2007, Meadowlands, NJ.
Kind Words Conquer, College Club of New Jersey, Oct.
2, 2007, Ridgewood, NJ.
Clarence Darrow: Crimes, Causes and the Courtroom, NJ
Institute for Continuing Legal Education, New Brunswick, NJ, Aug.
28, 2007.
Ethics in Government, Documentary, NJN, Aug. 2007.
The Anatomy of Ethics Reform, National Conference of
State Legislators, Boston, MA., Aug. 9, 2007.
Ethics and Good Government, Plenary Session, National
Council of State Legislatures on Ethics and Good Good Government,
August 8, 2007, Boston, MA.
Latest Developments on Ethics Laws, NJ Institute for
Continuing Legal Education, July 11-12, 2007, Trenton, NJ.
The Anatomy of Ethics Reform, NJ Institute for
Continuing Legal Education, July 11, 2007, Trenton, NJ
Privatizations and its Discontents: Homeowners Associations as
Metaphor and Paradox, Pratt Foundation Symposium on Homeowners' Associations: Problems
and Solutions, May 21, 2007, Trenton, NJ.
Confronting Ethical Issues, Women's Political Caucus
of New Jersey, Bridgewater, NJ, April 28th, 2007.
Trust and Community: The Common Interest Community as Metaphor
and Paradox, delivered at Festschrift in honor of Prof. Dale
Whiteman, at the University of Missouri-Columbia School of Law,
April 14th, 2007.
Ethics and Eminent Domain, the Lorman Institute
Convocation, April 17th, New Brunswick, NJ.
First Amendment Values in these "Perilous Times,"
Barnard College Colloquium Series, March 29th, 2007, NY.
The Quiet Majority: The Real Deal on Small Firm Practice.
Association of the Bar of the City of New York, March 26,
2007.
Federal Bar Council and Judicial College on Attorney
Professionalism: Raising the Bar, Federal Bar Council and
Judicial College, West Orange, NJ, March 22, 2007.
To Be Crusaders for Justice and Champions of the Underdog,
keynote delivered to Office of the Attorney General, Division of
Civil Rights, New Brunswick, NJ, March 16, 2007.
Partnering for Good Government: Can We Restore the Public
Trust Through Ethics Reform?, the Prudential Business Ethics
Center at Rutgers University Ethics Convocation, March 31, 2006,
Newark, NJ.
The Anatomy of Ethics Reform, Keynote Address at the
Plenary Session of the Council on Government Ethics and Laws Annual
Meeting, New Orleans, Dec. 5, 2006.
Making Real the Promise of Ethics Reform, at the
League of Municipalities Annual Meeting, Atlantic City, NJ, Nov. 16,
2006.
Networking in Pursuit of the Common Good, featured
speaker at the Annual National Association of Shareholder and
Consumer Attorneys' meeting, Oct. 24, 2006, New York City.
"Privatization and Its Discontents: The rise (and Fall?) of
Common Interest Communities," presented at the ABA
Annual Meeting, Oct. 21, 2006, Denver, CO
2006 Forum on the Future of New Jersey, featured
speaker presented by Leadership New Jersey, Oct. 4th, 2006, Trenton,
NJ.
The New Mandate: Affordable Housing That Is Also Accessible,
NJ State Bar Foundation, NJ Institute for Continuing Legal
Education, April 6th, 2006, New Brunswick, N.J.
Reflections on the U.S. Supreme Court, Columbia
University Alumni Foundation, Hasbrouck Heights, N.J., April 5,
2006.
Partnering for Good Government: Can We Restore the Public
Trust Through Ethics Reform? The Prudential Business
Ethics Center at Rutgers University Ethics Convocation, March 31,
2006, Newark, N.J.
The Kelo Case in Perspective, Eminent Domain Law and Practice,
The Lorman Institute, New Brunswick, N.J., March 28, 2006.
The Responsibility of the Press in "Perilous Times,"
The Montclair Adult School, Montclair, N.J., March 22,
2006.
The New Jersey Law Journal Annual Review of New Jersey Civil
Case Law, presented with Profs. Riccio and McLaughlin,
Newark, Morristown, Cherry Hill, NJ, January-February, 2006.
The Craft of Teaching: Exploring the Consequences of our
Pedagogical Choices, Panel Moderator, AALS Annual Meeting,
Section on Teaching Methods, Washington, D.C., Jan. 7, 2005.
The U.S. Supreme Court in Transition, Keynote Address
delivered to the Columbia University Alumni Foundation of New
Jersey, West Orange, NJ, Dec. 6, 2005.
The Law as a Healing Profession, Keynote Address
delivered to the Cornelian Law Foundation, Pompton Plains, N.J., Oct.
8, 2005.
Ethics Reform in New Jersey, panel presentation at Monmouth
University, April 19, 2005 (with Justice Daniel O'Hern, Sen. Ellen
Karcher and Sen. Joseph Kryllos)
Privatization and Its Discontents, Association of American Law
Schools Annual Meeting, Sections on Property & State & Local
Government, Jan. 7, 2005 (San Francisco, CA.)
Restoring Public Trust: An Agenda for Reform of State and
Local Governments. Woodrow Wilson School of
government, American Society for Public Administration, March 23,
2005.
The Most Noble Profession: Teaching as an Instrument for the Greater
Social Good, Keynote Address New Jersey State Bar Foundation, May 1,
2006 (New Brunswick, N.J.)
Teaching Common Interest Communities, Association of American Law
Schools Conference on Property Law, June 15-18, 2004 (Portland,
Oregon)
Civil Rights and Civil Liberties, National Law-Related Education
Partnership, August 7, 2003, Skidmore College (Saratoga Springs,
N.Y.)
The First Amendment in Context, National Institute of Civic
Education, Rutgers University Summer Institute, July 31, 2003 (New
Brunswick, N.J.)
Women and the Law, Bergen County Women Lawyers, Summit, April 11,
2003.
Preventing Classroom Incivilities, Section on Teaching Methods
Panel, Association of American Law Schools, Jan. 4, 2003
(Washington, D.C.)
The Promise of Our Craft, Judicial College Retreat,, Nov. 27 - 28,
2002 (Somerset County, N.J.)
First Amendment Values, National Law-Related Education Partnership,
August 8, 2002, Skidmore College (Saratoga Springs, N.Y.)
A Mother's Day Reflection, Hoboken Women's Alliance, May 10, 2002.
Demonstrating and Deconstructing Our Teaching: Teaching as Both Art
and Science, Institute for Law School Teaching, June 28, 2002
(Concord, N.H.)
Finding Higher Ground in the Law, Mid-Atlantic Conference of Court
Administrators, October 14, 2001 (Ocean City, M.D.)
Celebrating the Profession: Lawyers as Heroes, New Jersey State Bar
Association Council on Professionalism, October 5, 2001 (New
Brunswick, N.J.)
A Teaching Magic, Section on Teaching Methods Panel, Association of
American Law Schools, Jan. 5, 2001 (San Francisco, CA)
The Emerged and Emerging Article 9, Marino Institute of Continuing
Legal Education, March 8, 2000 (New York, N.Y.)
First Amendment Jurisprudence in Perspective, National Institute for
Civic Education, Boston University, July 12, 2000.
The Role of Judges in Facilitating Professionalism, New Jersey State
Judiciary Judicial College, November 22, 1999 (Teaneck, N.J.)
Twentieth Century Politics: Where We've Been, Where We Are, Where
We're Headed, with the Hon. Peter Rodino, Seton Hall Law School,
November 16, 1999 (Newark, N.J.)
Lessons Learned from A Civil Action, with Jan Schlictmann, Esq.,
Seton Hall Law School, November 11, 1999 (Newark, N.J.)
The Multidisciplinary Law Practice, New Jersey State Bar Association
Annual Trustees' Conference, October 29, 1999 (New Brunswick, N.J.)
Theory, Doctrine and Rhetoric in the Classroom, Seton Hall Law
School Faculty Development Workshop, October 27, 1999 (Newark, N.J.)
The Law School Classroom in the 21st Century, Law Prevue, October
16, 1999 (Boston, M.A.)
Attorney Professionalism: Challenges and Opportunities, The Hudson
County Inns of Court, September 13, 1999 (Jersey City, N.J.)
The Emerging Bill of Rights, Harvard University Graduate School of
Education We the People Conference, July 9, 1999 (Cambridge, M.A.)
Law-Related Education for the 21st Century, New Jersey State Bar
Association Law-Related Education Convocation, May 6, 1999 (New
Brunswick, N.J.)
Consumer Debtors and the Bankruptcy Code: Has the Pendulum Swung Too
Far?, William H. Gindin Bankruptcy Law Conference, April 30, 1998
(East Brunswick, N.J.)
The Craft of the Law, Fordham Law School Legal Education Opportunity
Program, July, 1998 (New York, N.Y.)
Healing Constituencies in Crisis, West Orange Town Meeting, March,
1998 (West Orange, N.J.)
Future Public Servants, St. Vincent's Academy Commencement Address,
May, 1998 (Newark, N.J.)
Work and Family, Essex County Women Lawyers, Nov. 20, 1997 (Newark,
N.J.)
From Many, One, Ocean County Bar Association Law Day, May 1, 1996
(Toms River, N.J.)
Celebrating Our Differences, Finding Strength in Diversity,
Center
for Italian and Italian-American Culture Gala, March, 1995 (West
Orange, N.J.)
The Challenge for New Lawyers, New Jersey State Bar Association
Young Lawyers' Division, May, 1992 (Atlantic City, N.J.)
The Women's Movement: Challenges and Opportunities, delivered at
Fiftieth Anniversary Convocation of Delta Kappa Gamma Society
International, May 1, 1989 (Cherry Hill, N.J.)
Mount Laurel and the Fair Housing Act, New Jersey Institute for
Continuing Legal Education, March, 1988 (Fairfield, N.J.)
Mentors, Presented at National Institute for Citizen Education in
the Law Conference, June 10, 1988 (Seattle, W.A.)
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