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Michael B. Mushlin

Michael B. Mushlin
Michael B. Mushlin

Professor of Law
BA, Vanderbilt University
JD, Northwestern University

(914) 422-4258
Office: P326

Susana Della Ruffa
Office: P312-314
(914) 422-4259

Office Hours:
Tuesday, 11:00 AM – 12:00 PM; and Friday, 11:00 AM – 12:00 PM.


Professor Michael B. Mushlin teaches Civil Procedure, Evidence, and Prisoners' Rights. He is the author of law review articles on a variety of subjects involving evidence, federal jurisdiction, civil procedure, children's rights, and prisoners' rights that have appeared in journals such as the Yale Law and Policy Review, UCLA Law Review, Harvard Civil Rights Civil Liberties Law Review, Brooklyn Law Review, and the Fordham Urban Law Journal. He is the author of Rights of Prisoners(4th ed. 2009) published by West, a four volume treatise. He also is the co-author of New York Evidence with Objections(NITA 2008) (with Jo Ann Harris) and chapters in books and encyclopedias.

Professor Mushlin was elected and currently serves as a member of the Executive Committee of the New York City Bar, and was elected Secretary of the Executive Committee. He is Vice Chair of the Correctional Association of New York. He is a member of the Task Force on the Legal Status of Prisoners of the American Bar Association, and is co-chair (with Michele Deitch) of the Subcommittee on Implementation of the ABA Resolution on Prison Oversight. He was appointed by the Chief Administrative Judge of the State of New York to the Advisory Committee on Criminal Law and Procedure.  Professor Mushlin is the former Associate Dean for Academic Affairs, Chair of the Committee on Corrections of the New York City Bar, and former Chair of the Board of the Correctional Association and the Osborne Association. He is a member of the Editorial Board of the Correctional Law Reporter. Professor Mushlin also served on the boards of Children's Rights Inc. and Pace Law School's John Jay Legal Services Inc. Professor Mushlin has spoken widely on a variety of topics before many groups including lectures to New York State judges on evidence law issues on behalf of the New York State Office of Court Administration.  Prof. Mushlin was honored by a Resolution of the Texas House of Representatives for his work together with Prof. Michele Deitch in organizing a national conference that focused on the oversight of U.S. prisons and jails. The resolution commended him and Prof. Deitch for stimulating dialogue and debate that would “lead to significant reforms within the U.S. criminal justice system.”

Professor Mushlin was appointed Charles A. Frueauff Research Professor of Law during the 1991-1992 academic year, and James D. Hopkins Chair in Law during the 2005-2007 academic years at Pace Law School. He received his J.D. cum laude, from Northwestern University School of Law. Professor Mushlin practiced as a public interest and civil rights lawyer for 15 years as staff attorney with Harlem Assertion of Rights, Inc., as staff attorney and Project Director of the Prisoners' Rights Project of the Legal Aid Society, and as Associate Director of the Children's Rights Project of the American Civil Liberties Union.

Books/Book Chapters "Correctional Health Care and Special Populations--Legal Considerations and Context" in Managing Special Populations in Jails and Prisons, Volume II, (Stand Stojkovic ed) (Civil Research Institute 2010).
  New York Evidence with Objections (3d ed. 2008) (with Jo Ann Harris, Anthony J. Bocchino, and David A. Sonenshein).
  "Managing Special Populations in Jails and Prisons—Legal Considerations and Context," in Managing Special Populations in Jails and Prisons (Stan Stojkovic ed. 2008).
  The Rights of Prisoners (4th ed. 2009) (supplemented annually).
  Practice Commentaries for Article 1 of the CPLR, in New York Civil Practice (Jack Weinstein, et al. eds.) (2005).
  The Rights of Prisoners (supp. to 3d ed. 2004).
  The Rights of Prisoners, 3rd edition. Thomson West, 2002.
  The Rights of Prisoners, 2nd ed. Westgroup, 2000.
  The Rights of Prisoners, 2nd ed. and Annual Updates. Colorado Springs, Co.: Shepard's/McGraw Hill, 1993.
Articles "Independent Oversight of N.Y. Jails," New York Law Journal, May 17, 2007, at 2 (with John Horan, David Lenefsky, Madeline deLone, John M. Brickman, and Clay Hiles).
  "Bound and Gagged: The Peculiar Predicament of Professional Jurors," 25 Yale Law and Policy Review 239 (2007).
  "The Impact of the Surge of Immigration Appeals to the Second Circuit Court of Appeals" (Report of the Federal Courts Committee of the Association of the Bar of the City of New York) (with David Arroya, Lynn Kelly, and Ellen Unger) (2004).
  "Foreword: Prison Reform Revisited: The Unfinished Agenda," 24 Pace Law Review 395 (2004).
  "Dying Twice: Incarceration on Death Row," 31 Capital University Law Review 853 (with Joe Ingle, Russell Stetler and Craig Haney) (2003).
  "Dying Twice: Conditions on New York’s Death Row," co-authored with David Hammer, Art Cody, Risa Gerson, Norman Green, and Richard Wolf, which will be published in Pace Law Review.
  "Legal Rights of Prisoners," Encyclopedia of Crime and Justice, 2nd ed.  Joshua Dressler, ed. 2002.
  "Unsafe Havens: The Case for the Constitutional Protection of Foster Children from Abuse and Neglect," 23 Harvard Civil Rights - Civil Liberties Law Review 199 (1988). Adapted and published as Chapter Eleven of Child, Parent, and State: Law and Policy Reader, S. Randall Humm, et. al. editors. Philadelphia: Temple Univ. Press, 1994.
  "The New Quasi In Rem Jurisdiction: New York's Revival of a Doctrine Whose Time Has Passed," 55 Brooklyn Law Review 1059 (1990).
  "Foreword. Gideon v. Wainwright Revisited: What Does the Right to Counsel Guarantee Today?" 10 Pace Law Review 327 (1990).
  "History Comes Calling: Dean Griswold Offers New Evidence About the Jurisdictional Debate Surrounding the Enactment of the Declaratory Judgment Act," with Donald L. Doernberg, 37 University of California - Los Angeles Law Review 139 (1989).
  "The Trojan Horse: How the Declaratory Judgment Act Created a Course of Action and Expanded Federal Jurisdiction While the Supreme Court Wasn't Looking," with Donald Doernberg, 36 UCLA Law Review 529 (1989).
  "Rhodes v. Chapman Analyzed for Effect on Prison Overcrowding," 14 Journal of National Prison Project 4 (1987).
  "The Proposed Transfer of Rikers Island to New York State." 35 The Record of the Association of the Bar of the City of New York 227 (April 1980) (unattributed author).
  "Court-Ordered Foster Family Care Reform: A Case Study," with Louis Levitt and Lauren Anderson, 65 Child Welfare 141 (March-April 1986).