Martin H. Belsky

Title: Randolph Baxter Professor of Law
Office: Room 217B
Phone: 330-972-6361
Fax: 330-972-7337
Email: belsky@uakron.edu
SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=944542
Selected Works - bepress: http://works.bepress.com/martin_belsky/
Curriculum Vitae: Download in PDF format

Biography

Martin H. Belsky began his career in 1969 as a prosecutor, and then chief prosecutor in Philadelphia. Beginning in 1975, he served both as counsel to the Judiciary Committee of the House of Representatives and as chief counsel to the Special House Committee on the Outer Continental Shelf (offshore drilling). From 1979 to 1982, he served first as deputy general counsel and then assistant administrator of the Federal National Oceanic and Atmospheric Administration.

Dean Belsky began his academic career in 1982 as Associate Professor of Law and director of the multi-disciplinary Center for Governmental Responsibility at the University of Florida. From 1986 to 1995, he served as Dean and President and Professor at Albany Law School. From 1995 to 2007, he served as Dean and Professor at the University of Tulsa College of Law. Dean Belsky joined The University of Akron School of Law in January 2008 as Dean and Randolph Baxter Professor of Law. In 2012, he returned to the faculty full time as Randolph Baxter Professor of Law.

Active in the community, Professor Belsky is chair of the Ohio-Pennsylvania-Kentucky Anti-Defamation League; Chair of the Akron Community Relations Council; Board Member of the Jewish Community Board of Akron, of the Akron Bar Foundation; Vice-chair of Ohio Jewish Communities; Board of T.K. Wolf (a Native American Corporation); Chair of the National Advisory Council and Executive Committee member of the American Judicature Society; former vice-chair of the (National) Jewish Council on Public Affairs. While in Tulsa, he also served as president of the Tulsa Metropolitan Ministry, an interfaith understanding dialogue and advocacy agency; vice president and public policy chair of the Oklahoma Council for Community and Justice, He has served as vice president of the Urban League in Albany and Tulsa; officer of the Gainesville (President), Albany (President-elect) and Tulsa (President) Jewish Federations; and the Anti-Defamation League (New York State and Oklahoma chair).

In addition, he has served as board member and committee chair of many government advisory councils and civic and charitable organizations, including bar associations in Philadelphia, New York and Oklahoma; New York Judicial Commission (referee); Oklahoma Ethics Commission; Oklahoma Humanities Council; the American Law Institute; the Appleseed Foundation; Oklahoma Academy; the Child Abuse Network; Heritage Academy; the Sherwin Miller Museum; and Tulsa Jewish Retirement and Health Care Center.

He has chaired and served on many commissions, including ones on energy, privacy, legal services, ethics, ethnic and religious understanding, higher education, gerontology and aging, disabilities, fire services, criminal justice, and science and the law.

Professor Belsky has been a consultant to various law firms, state and federal government entities, and private corporations. He has also frequently served as an arbitrator and hearing officer.

A noted speaker and scholar, Professor Belsky has helped organize, as well as participate in, numerous conferences on criminal and civil justice; the administration of justice; judicial independence; ethics; international law, the United States Supreme Court; environmental law; and religious understanding. His most recent articles have focused on the Supreme Court and on law and religion; his most recent books are on The Rehnquist Court (Editor) (Oxford University Press 2002) and Law and Theology (co-author) (Carolina Academic Press 2005). He has written numerous articles and books on the administration of justice, civil rights, constitutional law, privacy, criminal law, international law, environmental law, oceans and coastal law, and professional responsibility.

Professor Belsky is a graduate of Temple University, College of Liberal Arts with a B.A., cum laude (1965); Columbia University School of Law with a J.D., cum laude (1968). He also has graduate diplomas from the Hague Academy of International Law and Cambridge University.

Professor Belsky is married to Professor Kathleen Waits, a retired Professor at the University of Tulsa College of Law. They have two children, Allen Frederick Belsky and Marcia Elizabeth Belsky.

Publications

Books, Reports, Monographs

Law and Theology: Cases and Readings [with Joseph Bessler-Northcutt](2005)

Teacher’s Manual - Law & Theology (2007)

The Rehnquist Court: Farewell to the Old Order in the Court [Editor; Oxford University Press] (2002)

Regents Select Commission on Disability, Opportunities & Independence (1994)(Martin H. Belsky, Chair)

Special Commission on the Fire Service in the 90's, Final Report and Recommendations (1993)(Martin H. Belsky, Chair).

Cases and Materials, Ocean and Coastal Law and Policy (1993)

Report - Standards for Undercover Operations, A.B.A., Section on Individual Rights and Responsibilities (1986)

Florida's Coast: Charting our Course (1983)(Conference Summary) (with C. Gaster)

Handbook for Trial Judges (1976)

Analysis and Commentary to the Pennsylvania Crimes Code (1973)(with S. Goldblatt)

Book Excerpts, Book Chapters, Reports

Religion in the Public Sector in A History of the Federal District Court for the Northern District of Ohio ( Paul Finkelman, Ed. 2011).

The Rehnquist Court - A Review at the End of the Millennium in

The Rehnquist Court: Farewell to the Old Order in the Court 1 (Martin H. Belsky, ed. 2002)

The Burger Court & Criminal Justice: A Counter-Revolution in Expectations in  The Burger Court: Counter-Revolution or Confirmation 131 (B. Schwartz ed. 1998)

Using Legal Principles to Promote the Health of the Ecosystem in Proceedings, Symposium: The Gulf of Mexico: A Large Marine Ecosystem (D. Rapport ed., 1996)

Legal Regimes for Management of LME's and their Component Resources in Large Marine Ecosystems: Stress, Mitigation and Sustainability at 227 (K. Sherman, et. al., eds. 1993)

Reflections on Miranda - Comments in Proceedings, Conference on Liberty and Security: A Contemporary Perspective on the Criminal Justice Revolution of the 1960's (1992)

Environment - in Oxford Companion to the Supreme Court of the United States at 255 (1992)(K. Hall, ed.)

Tidelands Oil Controversy - in Oxford Companion to the Supreme Court of the United States at 873 (1992)(K. Hall, ed.)

The Ecosystem Model, in Woods Hole Oceanographic Institution, Technical Report, Marine Biological Diversity: Report of a Meeting of the Marine Biological Diversity Working Group at 11 (M. Eiswerth, ed. 1990)

Interrelationships of Law in the Management of Large Marine Ecosystems, in Large Marine Ecosystems: Patterns, Processes, and Yields at 224 (K. Sherman, L. Alexander, & B. Gold eds. 1990).

Developing an Ecosystem Management Regime for Large Marine Ecosystems, in  Biomass Yields and Geography of Large Marine Ecosystems at 443 (K. Sherman and L. Alexander eds. 1989)

Marine Ecosystem Model: The Law of the Sea's Mandate for Comprehensive Management, in New Developments in Marine Science and Technology: Economic, Legal and Political Aspects of Change at 115 (L. Alexander, S. Allen and L. Hanson eds. 1989)

The Marine Ecosystem Management Model and the Law of the Sea: Requirements for Assessment and Monitoring, in The International Implications of Extended Maritime Jurisdiction in the Pacific (J. Craven, J. Schneider, & C. Stimson eds. 1989)

Mineral Regime in the Antarctic in Center for Oceans Law and Policy, The Polar Regions (M. Nordquist, ed. 1987)

States and Extended Territorial Seas, in Proceedings - National Conference on the States and an Extended Territorial Sea at  151 (L. King & A. Broussard eds. 1987)

Legal Constraints and Options for Total Ecosystem Management of Large Marine Ecosystems, in Variability and Management of Large Marine Ecosystems at 241 (K. Sherman and L. Alexander eds. 1985)

Use of Information Generated from Federal Marine Pollution Research Programs, in COLP, Oceans Policy Study Series, Oceans Industry and Regulatory Reform at 157 (1985)

The Regulatory Review Process, in COMS, The U.S. Fishing Industry and Regulatory Reform (1983)

Coastal, Fishery and Marine Policy in the Arctic, in Arctic Oil and Gas Development: Promise and Potential (1982)

Perspectives on Intergovernmental and Environmental Issues, in COMS, The Newest Federalism: A New Framework for Coastal Issues (1982)

Outer Continental Shelf Oil and Gas Policy, in COMS, Comparative Marine Policy at 89 (1979)

Commentary on the New Pennsylvania Crimes Code, in Reference Manual for Trial Judges of Pennsylvania at 1 (1976)  

Law-Review Articles

Judicial Independence: Death by a Thousand Cuts, - - Quinnipiac L. Rev. - - (2012)

Electing our Judges and Judicial Independence: The Supreme Court’s “Triple Whammy,” 2 Akron J. Const’l L.& Pol. 147 (2011)

Alan Dershowitz: The Advocate and Scholar as Jew; the Jew as Advocate and Scholar, 71 Albany L.  Rev. 927 (2008)

The Religion Clauses and the “Really New” Federalism, 42 Tulsa L. Rev. 537(2007)

Preparing New Students for Legal Practice in a "Flat World," 24 Penn State Intl L. Rev. 787 (2006)

A Practical and Pragmatic Approach to Freedom of Conscience,76 U. Colo. L. Rev. 1057 (2005)

Locke v. Davey: States' Rights Meets the New Establishment Clause, 40 Tulsa L. Rev. 279 (2004)

Accentuate the Positive, Eliminate the Negative, Latch on to the Affirmative [Action], Do Mess with Mr. In-Between, 39 Tulsa L. Rev. 27 (2003)

Law Schools as Legal Education Centers, 34 U. Tol. L. Rev. 1 (2002)

Random vs. Suspicion-Based Drug Testing in the Public Schools -- A Surprising Civil Liberties Dilemma 27 Okla. City U. L. Rev. 1 (2002)

Bush vs. Gore, A Critique of Critiques, 37 Tulsa L. Rev. 45 (2001)

Privacy: The Rehnquist Court's Unmentionable Right, 36 Tulsa L.J. 43 (2000).

Investigating The President: The Supreme Court and the Impeachment Process, 34 Tulsa L. J. 289 (1999)

Anti-disestablishmentarianism - The Religion Clauses at the End of the Millennium, 33 Tulsa L. J. 93 (1997)

Indian Fishing Rights: A Lost Opportunity for Ecosystem Management, 12 FSU J. Land Use & Envtl L. 45 (1996)

The 1994 Term of the Supreme Court and Freedom of Speech, 31  Tulsa L. J. 483 (1996)

Promoting the Health of the Ecosystem, 3 Tulsa J. Comp. & Intl. L. 183 (1996)

Living with Miranda: A Reply to Professor Grano, 43 Drake L. Rev. 127 (1994)   

The Public Trust Doctrine and Takings: A Post-Lucas View - 3 Albany Law School J. Science & Technology 17 (1994)

The Ecosystem Model - Mandate for a Comprehensive United States Ocean Policy and Law of the Sea, 26 San Diego L. Rev. 417 (1989).

A Still Evolving the Law of the Sea, 17 Calif. Western Int'l L. J. 355 (1987)(Book Review)

The Retaliation Doctrine: Promoting Forensic Misconduct,  50 Albany Law Review  763 (1986)

Management of Large Marine Ecosystems: Developing a New Rule of Customary International Law, 22 San Diego Law Review 733 (1985), reprinted in 6 Water Log, Oct.- Dec. 1986 at 11.

Environmental Policy Law in the 1980's: Shifting Back the Burden of Proof, 12 Ecology Law Quarterly 1 (1984)

Whither Miranda, 62 Texas Law Review 1341 (1984) (Book Review)

On Becoming and Being a Prosecutor, 78 Northwestern University Law Review 1485 (1984), reprinted in 18 The Prosecutor at 22 (Summer 1984)

Book Review on "Ocean and Coastal Law," 11 Coastal Zone Management Journal 249 (1983)

OCS Development: A New Law and a New Beginning, 7 Coastal Zone Management Journal 297 (1980) (with J. Murphy)

Joshua Eilberg, A Proposal for Grand Jury Reform, 60 Judicature 390 (1977)(assisted in the preparation)

Joshua Eilberg, The Grand Jury - An Institution on Trial, Federal Bar Association News, October, 1977, at 277 (Book Review)(assisted in the preparation).

Book Review on Jury Woman, 13 The Prosecutor 179 (Nov. 1977)

Pennsylvania's New Mental Health Law, 48 Pennsylvania Bar Association Quarterly 482 (1977)

Three Prosecutors Look at the New Pennsylvania Crimes Code, 12 Duquesne Law Review 793 (1974)(with S. Goldblatt and J. Dougherty)

Criminal Procedure in Pennsylvania: The Pre-Trial Issues in Four Parts, 78 Dickinson Law Review 209 (1974)

Students as Prosecutors: The Philadelphia Experience, 45 Pennsylvania Bar Association Quarterly 423 (1974), reprinted in 10 The Prosecutor 13 (1974)

Reapportionment in the 1970's: A Pennsylvania Illustration, 47 Temple Law Quarterly 3 (1973)

Note - 6 Columbia Journal of Transnational Law 395 (1967)

Other Articles/Columns/Book Reviews/Talks

Developing the first National Climate Plan - “The More Things Change, the More They Remain the Same, STEMM Lecture Series, August 31, 2011

U.S. Blind to Immigrant Prisons, Tulsa World, October 24, 2004 [Review of Mark Dow’s American Gulug]

Bookshelf, Blood Brothers, New York Law Journal, July 16, 2004

Civil Rights v. National Security, University of Tulsa Magazine, Fall, 2003 at 28

School Vouchers: The Legal and Policy Arguments, Tulsa Kids, August, 2002 at 38

History Teaches Need For Grand Jury Reform, Letter, 20 National Law Journal A24 (June 15, 1998)

Considering the Independent Counsel Statute, 27 Philadelphia Bar Reporter 17 (October, 1998)

Book Review on Environmental Policy and NEPA, 4 Ecosystem Health 134 (1998)

Doing What It 'Takes':  A Look at How the Courts Have Responded to Nollan, Lucas and Dolan, 2 Environmental Outlook 51 (Winter, 1996)

Implementing the Ecosystem Management Approach:  Optimism or Fantasy, 1 Ecosystem Health 214 (1995)

Dolan v. City of Tigard (1994): Making it 'Rougher' for Land Use Management, 3 Footnotes 1 (Spring, 1995)

Civilized World Facing Moment of Truth, Troy Record, August 21, 1992.

Perspective, Lawyer Seeking Lawyer Not a Laughing Matter, New York Law Journal, October 30, 1989.

Antarctic Treaty System: An Assessment, 8 Biomass, December 1986, at 10 (Book Review)

Implementing the U.S. EEZ: A Strategy to Avoid Conflicts, Oceanus, 1984/85 at 19

International Law Issues Raised by the Exclusive Economic Zone, in IIEE/MTS, Oceans 84 at 465 (1984)

Users Fees, Coastal Zone Activities, Environmental Forum, at 17 (February 1983)(with Susan Harvey)

Users Fees, in Coastal Zone Management at 2 (Nautilus Press) (June, 1982)(with Susan Harvey)

The New Leasing Provisions of the Outer Continental Shelf Lands Act Amendments of 1978, in Energy Bureau, The New OCS Legislation: What it Means; How it Works (1979)

American Law Institute, Oil and Hazardous Substances: Preventing and Compensating for Harm (1979):

(a) at 11 - Offshore Exploration and Production - Department of Interior Responsibility to Prevent Spills

(b) at 313 - Liability for Oil Spills

The Outer Continental Shelf Lands Act Amendments in ASCE, Coastal Zone 1978, Vol. IV at 2681 (1978)

Offshore Oil Spills and the Outer Continental Shelf Lands Act Amendments of 1978, in American Law Institute, Oil Spills and the Law, at 397 (1978)

Grand Jury Issues - Hearing of the House Judiciary Subcommittee on Immigration, Citizenship, and International Law, 95th Cong., 1st Sess., Ser. No. 22 (1977) at 1543, 1552, 1575, 1579 (with A. Nittle).

Cargo Security - A Report on Legal Actions, in Proceedings, 1973 Cargo Security Conference at 49

Historical Review of Marihuana Legislation, in Defense of Drug Cases at 390 (1971)

A Rockefeller Calls for a Revolution [Review of The Second American Revolution by John D. Rockefeller, III], The [Philadelphia] Sunday Bulletin, March 4, 1973

Papers

The Indian Fishing Rights Controversy of the 1970's - A Precursor of the Present Conflict Over Environmental Regulation -  Paper presented at Sovereignty Symposium X - Circles of Life - Panel on Governmental Relations Between the State, Tribal and Federal Governments, June 11, 1997

Using Legal Principles to Promote the 'Health' of the Ecosystem - Paper Presented at Gulf of Mexico: Large Marine Ecosystem Symposium, August 1995

Implementing the Ecosystem Management Approach: The View of An Incurable Optimist - Paper Presented at 1st International Symposium on Ecosystem Health and Medicine - Ottawa, Ontario, Canada, June 22, 1994

Opportunities & Independence: A Review of the Recommendations of the Regents Select Commission on Disability - Paper Presented at the Warren Anderson Seminar, May, 1994.

Regulatory Reform and Marine Pollution, Center for Oceans Law and Policy, Cozumel, Mexico (January 1982)