Academic Journals
“Principles-Based Regulation and Legislative Congruence,” 15
New York University Journal of Legislation and Public
Policy (pub. pending)
“Evolving Ethical
Standards in Property Law: A Study of Regulatory Perspectives
toward Home Mortgage Lending Transactions,” in Community, Home and
Identity (Terry Turnipseed and Michael Diamond ed., Ashgate pub.
pending)
“Unsafe Loans in a Deregulated U.S. Mortgage Market,” Symposium
on Real Property, Mortgages, and the Economy: A Call for Ethics and
Reforms, 30 Pace Law Review 154-179 (2009)
“Federalism, Consumer Protection, and Regulatory Preemption: A
Case for Heightened Judicial Review,” 10 University of
Pennsylvania Journal of Business and Employment Law 273- 304
(2008)
“Business Ethics: Law as a Determinant of Business Conduct,”
71 Journal of Business Ethics 275-299 (2007)
"Does the Law Encourage Unethical Conduct in the Securities
Industry?" 11 Fordham Journal of Corporate &
Financial Law 765-805 (2006)
"Cost-Benefit Analysis, Deregulated Markets and Consumer
Benefits: A Study of the Financial Services Modernization
Experience," 6 New York University Journal of Legislation and
Public Policy 321-400 (2003)
"Legislative and Public Policy Debate: Should the Social
Viewpoints of Religious Groups Play No Role?" 1 MARGINS
(Interdisciplinary Journal, University of Maryland School of Law)
489-504 (2001)
"Financial Services Modernization: Opportunity for Increased
Responsiveness to Community Needs," Journal of Affordable
Housing and Community Development Law177-194(2001)
"Equal Economic Opportunity: Corporate Social Responsibility In
The New Millennium," 71 University of Colorado Law Review
51-121 (2000)
"Disclosure As Consumer Protection: Unit Purchasers' Need For
Additional Protections," Symposium Issue on the Law of
Condominiums, 73 St. John's Law Review 43-74 (1999)
"Legislative Heart and Phase Transitions: An Exploratory Study
of Congress and Minority Interests," 38 William and Mary Law
Review 1729-1815 (1997)
"Complexity and Legislative Signatures: Lending Discrimination
Laws As A Test Case," 12 The Journal of Law and Politics
(University of Virginia) 637-664 (1996)
"Community Reinvestment: Ignoring Complexity After All These
Years," Colloqui - Cornell Journal of Planning and Urban
Issues, Spring 1996, at 111-117
"Legislative Chaos: An Exploratory Study." 12 Yale Law &
Policy Review 425-485 (1994)
"A Fixed Principle Approach To Statutory Interpretation: The
Glass-Steagall Act As A Test Case," 1991 Brigham Young
University Law Review 1285-1330
"Restraints on Alienation in a Condominium Context: An
Evaluation and Theory for Decisionmaking," 35 Real Property,
Probate and Trust Journal 403-432 (1989)
"Public Confidence - Policy Basis for Continued Separation of
Commercial and Investment Banking," 35 American University Law
Review 647-698 (1986)
Books
New York Condominium and Cooperative Law (1st edition
1984) (West 2nd edition)
The Law of Condominiums and Cooperatives (Warren Gorham
and Lamont 1990)
Basic Legal Transactions (Warren Gorham and Lamont,
1985, 1988)
Banks and the Securities Laws Volume 5, Treatise on Banking
Law (Matthew Bender and Co., 1981, 1992)
Additional Publications
"Why Is the Interstate Land Sales Act a Thorn in My Side?"
New York Real Property Law Journal, Fall 2011 at 5-7.
"Mortgage Underwriting After Dodd-Frank: New Standards and
Unfinished Business," New York Real Property Law Journal,
Spring/Summer 2011 at 26-30.
“The Right to Terminate Proprietary Leases Based on Objectionable
Conduct: Five Years After Pullman,” New York Real Property Law
Journal, Spring 2009 at 6-12.
"Private Right of Action-The Uncertain Dividing Line Between the
Martin Act and Common Law Fraud," New York Real Property Law
Journal, Winter 2008 at 22-25.
“Restrictions on Sale of Condominium Units,” New York Real
Property Law Journal, Winter 2007 at 22-25.
“Joint and Several Liability of Individual Condominium Unit
Owners,” New York Real Property Law Journal, Winter 2005
at 37-40.
“The Business Judgment Rule and Fiduciary Obligations are Applied
to Shareholder Decisions in Cooperative Housing Corporations,”
New York Real Property Law Journal, Winter 2004 at
10-11.
“Judicial Deference to Management Decisions in Planned Unit
Developments,” Probate & Property, January/February
2001 at 20-24.
“Gramm-Leach-Bliley Act Challenges Financial Regulators to Assure
Safe Transition in Banking Industry,” New York State Bar
Journal, October 2000 at 26-43.
“Co-op, Condo Sponsors Obligated to Sell Units?” New York
Law Journal, March 29, 1999 at S4.
“Chaos Theory and the Law,” The Philosophy of Law; An
Encyclopedia (1996).
“RTC’s Power to Terminate Rent Stabilized Tenancies,” New
York Law Journal December 24, 1990 at 1.
“Sponsor Defaults,” New York Law Journal, February 23,
1990 at 2.
Recent Papers and Presentations
"Barriers to Market Discipline: A Comparative Study of Mortgage
Market Reforms," Annual Meeting, The Canadian Law and Economics
Association, University of Toronto, September 23-24, 2011.
“Long-Term Community Economic Development: The Next Steps,”
Annual Meeting, Association for Law Property and Society,
Georgetown University Law Center, Washington, D.C., March 4-5,
2011.
“The Dodd-Frank
Act’s New Mortgage Underwriting Requirements,” panelist, Real
Property Law Section, Annual Meeting, New York State Bar
Association, January 27, 2011.
“Lessons from the
Mortgage Markets: Property Law’s Continuing Recognition of Limits
to Self-Protection,” Association of American Law Schools, Mid-Year
Meeting on Property Law, New York, New York, June 11-12, 2010.
“Evolving Ethical Standards in Property Law: A Study of
Regulatory Perspectives toward Home Mortgage Lending Transactions,”
Annual Meeting, Association for Law, Property and Society,
Georgetown University Law Center, Washington, D. C., March 5-6,
2010.
“Federal Reserve Board’s Mortgage Lending Regulations,”
panelist, Real Property Law Section, Annual Meeting, New York State
Bar Association, January 20, 2010.
“Unsafe Loans in a Deregulated U.S. Mortgage Market,” Symposium
on Real Property, Mortgages and the Economy: A Call for Ethics and
Reforms, sponsored by the Pace Law Review and LL.M. Program in Real
Estate Law, March 20, 2009.
“Does Modern Financial Regulation Work? Reflections on
Deregulation and Internationalization of Supervisory Standards,”
panelist, Section on Financial Institutions and Consumer Financial
Services, Annual Meeting of the Association of American Law
Schools, San Diego, California, January 6-10, 2009.
“The State, Federal and Title Industry Response to the Subprime
Mortgage Crisis,” panelist, Real Property Law Section, Annual
Meeting, New York State Bar Association, January 29, 2009.
“The Right to Terminate Proprietary Leases Based on
Objectionable Conduct,” Annual Meeting, New York State Bar
Association, Committee on Condominiums and Cooperatives of the Real
Property Law Section, January 29, 2009.
"Condominiums-Right of First Refusal and Restraints on Alienation,"
New York City Bar, Program on Board Governance in Co-ops and
Condominiums, April 16, 2008 and April 16, 2009.
"Aiding and Abetting a Breach of Fiduciary Duty and Common Law
Fraud," Annual Meeting, New York State Bar Association, Real
Property Law Section, January 31, 2008.
“Private Right of Action: The Uncertain Dividing Line Between
the Martin Act and Common Law Fraud,” Annual Meeting, New York
State Bar Association, Real Property Law Section, January 25,
2007.
“Does the Law Encourage Unethical Conduct in the Securities
Industry,” Annual Meeting, The Canadian Law and Economics
Association, University of Toronto, September 29, 2006.
“Evading Legal Mandates: The Unintended Consequence of Securities
Arbitration Agreements,” Securities Panel, Trans Atlantic
Perspectives on ADR, London, July 26-28, 2006.
“Community Economic Development and the Clinton Administration:
A Shift Toward Reliance on Private Investment Monitored by
Government Regulators,” 11th Presidential Conference, William
Jefferson Clinton: The “New Democrat” From Hope, Hofstra
University, November 10-12, 2005.
“Does the Law Encourage Unethical Conduct in the Securities
Industry?” 12th Annual International Conference Promoting
Business Ethics, New York, New York, October 26-28, 2005.
“Joint and Several Liability of Individual Condominium Owners,”
Annual Meeting, New York State Bar Association, Real Property
Section, Committee on Condominiums and Cooperatives, January 27,
2005.
“The Influence of Law on Business Ethics,” Annual Meeting, Law
and Society Association, Chicago, Illinois, May 27-30, 2004.
“OCC Preemption of State Consumer Protection Laws,” Hearing, New
York State Assembly, Standing Committee on Banks, April 16,
2004.
“Market Temptations to Evade Legal Constraints: A Study of
Response in the Financial Services Industry,” Tenth International
Conference on Promoting Business Ethics, October 22-24, 2003.
Panelist, Workshop on Citizen – Centered Community Building, The
Faces and Facets of 21st-Century Poverty, Vincentian Chair of
Social Justice Conference 2003, October 18, 2003.
“Deregulated Markets and Consumer Benefit: Financial Services
Modernization Experience Casts Doubt on the Assumption of
Substantial Benefits,” Annual Meeting, Canadian Law and Economics
Association, University of Toronto, September 27-28, 2002.
“Government-Private Partnership: A Study of the Role of
Goal-Oriented Legislation,” World Forum on Urbanizing World and UN
Human Habitat II, International Research Foundation for Development
and Columbia University, New York, New York, June 4-6, 2001.
Moderator, “Gramm-Leach-Bliley Program on Financial
Privacy,” Co-sponsored by the Federal Trade Commission and
the New York County Lawyers’ Association, June 6, 2001.
“The Legislative Debate: Should the Social Viewpoints of
Religious Groups Play No Role?” MARGINS Second Annual
Symposium, University of Maryland School of Law, March 9, 2001.
“Financial Services Modernization: The Opportunity for
Increased Responsiveness to Community Needs,” 7th Annual
International Conference Promoting Business Ethics, New York, New
York, September 21-23, 2000.
“Planned Unit Development Covenants and Rule-Making:
Governing Legal Principles,” American Bar Association, Section of
Real Property, Probate & Trust Law, 11th Annual Spring
Symposia, Miami Beach, Florida, March 22-26, 2000.
“The Future of the Community Reinvestment Act,” panelist,
Section on Financial Institutions and Consumer Financial Services,
Annual Meeting of the Association of American Law Schools,
Washington, D.C., January 5-9, 2000.