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Norman I. Silber
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Professor of Law
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B.A., Washington University
M.A., Ph.D., Yale University J.D., Columbia University |
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Publications
Books:6. Book, UNDERSTANDING NONPROFIT ORGANIZATIONS: LAW, POLICY AND MANAGEMENT (David C. Hammack and Victor Futter, co-authors)(Carolina Academic Press, in progress, due 2005).
5. Book, WITH ALL DELIBERATE SPEED: THE LIFE OF PHILIP ELMAN, AN ORAL HISTORY MEMOIR IN MR. ELMAN'S WORDS (University of Michigan Press)(May 17, 2004).
4. Book, A CORPORATE FORM OF FREEDOM: THE EMERGENCE OF THE MODERN NONPROFIT SECTOR (Westview Press: New Perspectives on Law and American Culture Series, Robert Gordon and Margaret Radin, eds., 2001). Hutchinson Prize nominee; many reviews, including Mich. Law Review Annual Survey (2003).
3. Book, TEST AND PROTEST, THE INFLUENCE OF CONSUMERS UNION (New York: Holmes and Meier Publishers, 1983), reviewed, e.g., 89 AMER. HIST. REV. 874 (1984). Cited, e.g., 18 HOFSTRA L. REV. 457, 469 (1990); 10 YALE J. ON REG. 147, 212 (1993); 79 Minn. L. Rev. 245 (1994).
2. Book, AN ORAL HISTORY OF THE AMERICAN COUNCIL ON CONSUMER INTERESTS (Columbia, Mo., ACCI Press) (1984).
1. Dissertation, CONSUMER PROTEST AND THE SOCIAL CONTROL OF TECHNOLOGY (Yale University Ph.D.(history))(1978).
Law Review Articles
9. Article, Nonprofit Interjurisdictionality, 80 KENT L. REV. (Spring, 2005, forthcoming).
8. Article, Brown and Shades of Gray: Ex Parte Communication in the Litigation over Racial Justice , in special issue, "Black and White," LITIGATION, Vol. 31, no. 1 (fall, 2004).
7. Article, Nonprofit Fundraising, Consumer Protection, and the Donor's Right to Privacy (Ely Levy, co-author) 15 STANFORD JL. LAW & POLICY 51, (April, 2004).
6. Article, Substance Abuse at U.C.C.Drafting Sessions, 75 WASH. U.L.Q., 225, (1997). Cited , e.g., 82 Cornell L. Rev. 1511 (1997) ; 18 J. Marshall J. Computer & Info. L. 435 (1999); 82 Cornell L. Rev. 1511 (2002); 1 DePaul Bus. & Comm. L.J. 361 (2003).
5. Article, Why the U.C.C. Should Not Subordinate Itself to Federal Authority: Imperfect Uniformity, Improper Delegation and Revised Section 3-102 , 55 U. PITTSBURGH L. REV. 441 (1994) Discussed, Rubin, THE PAYMENT SYSTEM 331, 509 (1994)(West Publ.); cited, e.g., 36 IND. L. REV. 197 (2003); 64 OHIO ST. L.J. 371 (2003).
4. Article, Toward 'Neutral Principles' in the Law: Selections from the Oral History of Herbert Wechsler 93 COLUMBIA. L. REV. 854 (1993) (Geoffrey Miller, co-author). Cited, inter alia, 69 IND. L.J. 32 (1994); 107 HARV. L. REV. 2031, 2048 (1994); 107 HARV. L. REV. 620, 624, 629 (1994); United States v. Cordoba-Hincapie, 825 F.Supp. 485, 501(E.D.N.Y. 1993); 45 BUFFALO L. REV. 141 (1997); 37 SAN DIEGO L. REV. 761 (2000); 71 U. CIN. L. REV. 1345 (2003).
3. Article, Observing Reasonable Consumers: Cognitive Psychology, Consumer Behavior, and Consumer Law , 2 LOYOLA CONSUMER L. REP. 69 (1990). Cited, e.g., 93 WISC. L. REV. 13, 26 (1993), 84 CALIF. L. REV. 6277 (1996) FORDHAM J. CORP. & FIN. L. 503 (2002).
2. Article, The Solicitor General's Office, Justice Frankfurter, and Civil Rights Litigation , 1946-1960: An Oral History, Philip Elman interviewed by Norman Silber, 100 HARVARD. L. REV. 817 (1987)(several hundred newspaper and law journal citations).
1. Note, Cleaning Up in Bankruptcy: Curbing Abuse of the Federal Bankruptcy Code by Industrial Polluters , 85 COLUMBIA L. REV. 870 (1985). This student note was quoted by Rehnquist, J., dissenting, in Midlantic National Bank v. New Jersey Dept. Environmental Protection, 106 S.Ct. 755, 766 (1986).for citiation, See, e.g., 14 CARDOZO L. REV. 1999 (1994); 9 BANK. DEV. J. 485 (1993); 5 FORD. J. ENV. L. 220 (1993); 54 U.CHIC. L. REV. 877 (1987); 99 HARV. L. REV. 1573 (1986).
Media and Press:
Quotations, interviews, consultations and op-eds since 2000 in national media include NPR's Marketplace; NPR's All Things Considered; WNYC Weekend Edition; The New York Times, The Washington Post, Newsday, The Chronicle of Philanthropy, Hardball with Chris Matthews and The O=Reilly Factor.
Other law review pieces, scholarly publications, journal articles, documentaries, book reviews, and significant presentations:
66. Presentation, "The Nonprofit Do Not Call Exemption Considered as a Matter of Social Policy," panel, "21st Century Legal Norms in the Nonprofit Context," Annual Conference, Association for Research on Nonprofit Organizations and Voluntary Associations, November 19, 2004 (with Fredrick Trelfa).
65. Presentation, "A Legal Education Curriculum for Nonprofit Studies," Conference on Education for Civil Society, Indiana University-Purdue University at Indianapolis, Center on Philanthropy, November 5, 2004.
64. Presentation, "A Short History of Consumers Union," Annual Meeting, Consumers Union, October 16, 2004.
63. Presentation, "With All Deliberate Speed," Center for the Study of Law & Culture, Columbia Law School, October 12, 2004.
62. Presentation, "With All Deliberate Speed," Author's Series, Port Washington, N.Y., Public Library, September 14, 2004.
61. Presentation, Society of Corporate Secretaries, Ad Hoc Nonprofit Luncheon Seminar, "Toward Understanding Interjurisdictionality Between Nonprofit Enforcement Bodies," April, 2004.
60. Invited Guest, NAACP Radio Hour, Neil Duke, interviewer, May 15, 2004 National Public Radio 88.9 FM, Baltimore.
59. Invited Distinguished Speaker, "With All Deliberate Speed," Columbia University Libraries Distinguished Speakers Series, May 4, 2004 (forthcoming).
58. Invited presentation, "distinguished author," "With All Deliberate Speed," Ann Arbor Book Fair, April 24, 2004 (forthcoming).
57. Invited presentation, Long Island Joint Academic Symposium on the Fiftieth Anniversary of Brown v. Board of Education, (April 1, 2004, forthcoming).
56. Presentation, "Nonprofit form and the Expression of Democratic Values," Association for Research about Nonprofit Organizations and Voluntary Associations, Annual Conference, 2003.
55. Presentation, "Nonprofit Fundraising and Consumer Protection," Association for Research about Nonprofit Organizations and Voluntary Associations, Annual Conference, 2003).
54. Chapter, Using Search Firms to Fill Vacancies in Nonprofit Organizations, in Futter and Overton, eds., NONPROFIT GOVERNANCE, (American Bar Assn., 2nd ed., 2002).
53. Op-ed, "My View," The Chronicle of Philanthropy, Jan. 24, 2002, "Donor-Advised Funds Can Be Terrorist Tools."
52. Essay, "Charity as a Terrorist Tool," Hofstra Horizons, Spring 2002 (adapted op-ed).
51. Contributor, "Consumer Law," OXFORD COMPANION TO AMERICAN LAW (2002).
50. Paper presentation, "Donor Accountability and Terrorism," Annual Meeting, Association for Research on Nonprofit Organizations and Voluntary Associations (ARNOVA), November, 2002.
49. Paper presentation, "Nonprofit Chartering in the Shadow of Wartime," Annual Meeting, Association for Research on Nonprofit Organizations and Voluntary Associations (ARNOVA), December, 2001.
48. Essay, "Terrorism, Patriotism and Consumerism," 13 ADVANCING THE CONSUMER INTEREST 1 (2001).
47. Article (literature review), "The High Cost of Invention: Patent Law and the Consumer Interest," 13 ADVANCING THE CONSUMER INTEREST 17 (2001)(co-authored with Mohamed Abdel-Ghany).
46. Selected to conduct an oral history of the New York Court of Appeals by the New York State Bar Foundation and the Chief Judge of the Court, 1999.
45. Presentation, Jurisprudence and Social Policy Seminar, University of California, Berkeley, "The Transformation of the Nonprofit Sector," January, 1998.
44. Symposium article, Regulating Interactive Communications on the Information Superhighway (consumer protection on the Internet), 5 FORDHAM INTEL. PROP., MED. & ENT. L. J. 329 (1995) .
43. Moderator, Consumer Participation in Lawmaking, A Global Perspective, Annual Conference, American Council on Consumer Interests (1998).
42. Panel moderator, "Consumer Input in Establishing a Framework of Consumer Protection to Enhance Fair Trading and Equity in the Global Marketplace," 1998 ACCI Annual Conference.
41. Review, Commercial Litigators Reveal All, 25 HOFSTRA L.R., 235 (1996).
40. University Lecturer, Consumer Participation in Law Drafting, Lecture Series, University of Wisconsin Consumer Sciences Department and Law School, Fall 1996.
39. Program Commentator, Law, Legal Theory, and Critical Legal Theory, Law and the Arts Symposium, Hofstra University (1996).
38. Contributing Editor, "Consumer Law," ENCYCLOPEDIA OF THE AMERICAN CONSUMER MOVEMENT (Consumer Federation of America, 1996).
37. "Stuart Chase," AMERICAN NATIONAL BIOGRAPHY (Oxford University Press)(1996).
36. "Arthur Kallet," AMERICAN NATIONAL BIOGRAPHY (Oxford University Press)(1996).
35. "Carole Weiss King," AMERICAN NATIONAL BIOGRAPHY (Oxford University Press)(1996).
34. "Colston Estey Warne," AMERICAN NATIONAL BIOGRAPHY (Oxford University Press)(1996).
33. Invited Participant (consumer perspective), Meeting of Law Revision Commission regarding revisions to Article 8 of the Uniform Commercial Code, May, 1996.
32. Panel Discussion Moderator, Consumer Grievances in Managed Health Care: Is there a Role for ADR? Association of the Bar of the City of New York, March 21, 1996.
31. Panel Discussion Moderator, Predatory Lending: Can Borrowers or Responsible Lenders Afford to Let it Continue? Association of the Bar of the City of New York, April 30, 1996.
30. Consultant, KNOW YOUR RIGHTS (Reader's Digest Books, 1995).
29. Article, Watching Czechs Look West, 15 ILSA J. INT'L & COMP. L. 103 (1995).
28. Invited participant, Meeting of the New York Law Revision Commission regarding proposed revisions to Articles 3 and 4 of the Uniform Commercial Code, October 1994.
27. Article, Colston Warne and the Roots of the Consumer Movement, in POWER AND RESPONSIBILITY: ESSAYS ON LEADERSHIP IN AMERICA (essays in honor of John M. Blum) (New York: Harcourt, Brace, Jovanovich) (1986). Cited, inter alia, Richard L.D. Morse, THE CONSUMER MOVEMENT 326 (1994).
26. Presentation, New York University Legal History Colloquium, "The Formation Transformation: Judicial Discretion and the Reconception of the Nonprofit Sector," November 2, 1994.
25. Joint-author (principal drafter), Report on S. 5144, Revisions to Articles 3 and 4, New York Uniform Commercial Code, Consumer Affairs Committee of the Association of the Bar of the City of New York, August, 1994 (30 committee members).
24. Panel discussion moderator, "Who's Looking Out for Low Income Consumers?" Association of the Bar of the City of New York, May 17, 1994.
23. Presentation, St. Johns Law School Faculty Colloquium, "Judge Posner and Neutral Principles," February 15, 1994.
22. Commentary, "The Impact of the Second World War on Legal Thought," 1994 Annual Meeting of the Legal History Section of the American Association of Law Schools, "World War II and the Construction of Public Law," January 1994 (sold on cassette).
21. Article (adaptation), Challenging the Concept of a Closed System, COLUMBIA LAW SCHOOL REPORT, Autumn 1993 (Geoffrey Miller, co-author)(Henry Monaghan, ed.).
20. Presentation, New York University Law School Legal History Colloquium, "Towards Neutral Principles in the Law," January 13, 1993.
19. Article, Consumer Protection and Preemption in a Federal System, in PROCEEDINGS OF THE INTERDISCIPLINARY CONFERENCE ON GOVERNMENT STRUCTURES IN THE U.S. A. AND THE SOVEREIGN STATES OF FORMER USSR (1992)(Greenwood Press).
18. Invited Participant, New York Council for the Humanities, New York City Media Project 1992.
17. Co-author, Report of the New York State Bar Working Group on Revised Articles III and IV of the Uniform Commercial Code, 1992 (eight committee members).Address to the Hofstra University history department semi-annual workshop comparing historiography of labor reform, women's rights reform, and consumer reform; April,1992.
16. Article (adaptation), Observing Reasonable Consumers, ADVANCING THE CONSUMER INTEREST magazine, Vol.3, No.2 (Spring 1991).
15. Book review, Adapting to Abundance: Jewish Immigrants, Mass Consumption, and the Search for American Identity (Andrew Heinze), 25 J. CONS. AFFAIRS 185 (1991).
14. Chair, session "Mining history from memory and memory from history," 1991 Annual Meeting of the Oral History Association.
13. Address, "Meaning and Purpose in Consumer History," annual guest lectureship presented at Kansas State University, March 1991 (upon dedication of consumer movement archives reading room).
12. Panelist, "Checks and Balances," Banking Law Committee and LACE committees, Association of the Bar of the City of New York, Spring 1991 (sold on cassette).
11. Invited discussion participant, Proposed U.C.C. Article IIA (Leases) New York State Law Revision Commission 1990.
10. Discussion group participant, New York State Law Revision Commission, "Uniform Commercial Code Article 2A (Leases): A Round Table Discussion," June 1,1990.
9. Magazine article, Consulting Historians and Television Documentaries, Organization of American Historians Newsletter, February, 1986.
8. "Consumers Union at Fifty," keynote speech co-written for delivery by Walter Cronkite on the occasion of the organization's fiftieth anniversary banquet, 1986.
7. "When Consumer Rights are Human Rights: Human Rights Instruments and the International Guidelines for Consumer Protection," (1985)(unpublished manuscript).
6. Television Documentary, AMERICA AT RISK: A DOCUMENTARY HISTORY OF CONSUMER PROTEST, aired Sept. 16, 1985 on the Public Broadcasting Network (chief program and script consultant); red ribbon, American Film Festival; reviewed, New York Times, Sept. 16, 1985.
5. "The Growth of the National Market and the Myth of the Passive Consumer," Presented at the Annual Conference of the Organization of American Historians (1984).
4. Presentation, "Problems of the Atomic Age: Nuclear Fallout in Food," presented at the Annual Conference of the Organization of American Historians (1983).
3. Book review, "Covenant Theology and Antinomianism in Early Massachusetts," (William Stoever), 7 Horizons 112 (1980).
2. Book review, "Blacking Up: The Minstrel Show in Nineteenth Century America," (Robert Toll) 144 Yale Lit. Mag. 62 (1978).
1. Dissertation, Consumer Protest and the Social Control of Technology, Yale University Ph.D.(history)(1978).