Martin A Schwartz

November 23, 2007 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that given the uncertainties generated by Bell Atlantic, �1983 plaintiffs' lawyers should plead more facts than may have sufficed in the pre-Bell Atlantic era. Although plaintiffs' lawyers sometimes prefer not to show their full hand until later in the litigation, after Bell Atlantic, this is a risky stratagem.

By Martin A. Schwartz

12 minute read

April 20, 2011 | New York Law Journal

In his Public Interest Law column, Martin A. Schwartz, a professor of law at Touro Law Center, discusses the admissibility of evidence of a plaintiff's other lawsuits; the police officer's character; the officer's uses of excessive force on other occasions; standard police practices; and expert testimony.

By Martin A. Schwartz

16 minute read

October 19, 2004 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that constitutional rights are meaningful only if they are enforceable.

By Martin A. Schwartz

11 minute read

August 17, 2011 | New York Law Journal

In his Public Interest Law feature, Touro Law Center Professor Martin A. Schwartz discusses how in the recent 'Borough of Duryea v. Guarnieri' decision, the U.S. Supreme Court curtailed a public employee's rights under the Petition Clause, holding that the clause can allow the government to retaliate against a worker for filing a grievance pursuant to a dispute resolution mechanism the government itself established where the underlying issue is not one of public concern.

By Martin A. Schwartz

14 minute read

October 17, 2005 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College, writes that characterizing governmental actions as "governmental speech" should not magically make all free speech claims disappear. While the government is entitled under the First Amendment to convey its own message, that message cannot suppress the free speech rights of others.

By Martin A. Schwartz

11 minute read

December 02, 2008 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that, like other privileges, the psychotherapist privilege may be waived. The lower federal courts, however, have experienced considerable difficulties, he says, determining when the assertion of a civil rights claim encompassing emotional distress damages impliedly waives the privilege.

By Martin A. Schwartz

13 minute read

February 17, 2010 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, writes that public employees file large numbers of �1983 free speech retaliation claims alleging that expressive activity protected by the First Amendment led to firing or demotion.

By Martin A. Schwartz

14 minute read

June 17, 2003 | New York Law Journal

By Martin A. Schwartz

14 minute read

June 17, 2002 | New York Law Journal

T he U.S. Supreme Court recently held, 6-3, that a six-year moratorium on land use development did not constitute a per se taking of property requiring just compensation under the Takings Clause. ( Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency 1 ). Under Tahoe-Sierra, whether a moratorium on development constitutes a taking requires a fact-intensive ad hoc evaluation of the economic impact on the landowner, interference with reasonable investment backed expectations and the government

By Martin A. Schwartz

10 minute read

October 10, 2006 | New York Law Journal

Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, analyzes the Supreme Court's recent ruling in Hudson v. Michigan, the Court's first major decisions on the Fourth Amendment's exclusionary rule in several years, which reflects a distinctly negative view of the rule.

By Martin A. Schwartz

12 minute read