Daniel L. Feldman

Daniel L. Feldman

Daniel L. Feldman
Professor
Phone number: 
212.237.8096
Room number: 
3538B-N

Education

1973 JD        Harvard Law School
1970 AB       Columbia College (Economics)

Bio

Dan Feldman teaches Oversight & Investigation, Ethics & Accountability, and Administrative Law. He was first elected to the New York State Assembly in 1980, and served as a member of the Legislature from 1981 through 1998, writing over 140 state laws, including New York’s Megan’s Law and Organized Crime Control Act. As Correction Committee chair for twelve years, he led some of the first efforts to repeal the Rockefeller drug laws. For six years thereafter, as a senior member of Attorney General Eliot Spitzer’s staff, he exposed HUD’s 203k mortgage loan guarantee scandal and led the investigation of UnumProvident’s disability insurance scam. Until his full-time appointment at John Jay, he worked as Special Counsel for Law & Policy to New York State Comptroller Thomas DiNapoli. Feldman's fourth book, Tales from the Sausage Factory: Making Laws in New York State, with co-author Gerald Benjamin, was published by SUNY Press in 2010, and his fifth book, The Art of the Watchdog: Fighting Fraud, Waste, Abuse and Corruption in Government, with co-author David Eichenthal, also by SUNY Press, in 2013. His most recent book, Administrative Law: The Sources and Limits of Government Agency Power, was published by Sage/CQ Press in 2016. He also wrote numerous scholarly articles, and served as Perspective and Commentary Editor for Public Administration Review from 2013 through 2017. His current research involves government oversight, administrative theory, and legal philosophy.

Publications

Books

ADMINISTRATIVE LAW: THE SOURCES AND LIMITS OF GOVERNMENT AGENCY POWER, Sage/CQ Press, Thousand Oaks, California 2016.

THE ART OF THE WATCHDOG: FIGHTING FRAUD, WASTE, ABUSE AND CORRUPTION IN GOVERNMENT, SUNY Press, with co-author David Eichenthal, Albany, N.Y., 2014.

TALES FROM THE SAUSAGE FACTORY: MAKING LAWS IN NEW YORK STATE, SUNY Press, with co-author Gerald Benjamin, Albany, N.Y., 2010

NEW YORK CRIMINAL LAW, West Publishing Company, Inc., St. Paul, Minn., 1996, legislative editor and co-author

THE LOGIC OF AMERICAN GOVERNMENT, William Morrow & Co., Inc., N.Y., 1990

REFORMING GOVERNMENT, William Morrow & Co., Inc., New York, 1981

Chapters

The New York State Office of the Attorney General, in New York State Government Handbook, Gerald Benjamin, ed., Oxford University Press, New York, 2012

New York’s Born-Again Money Laundering Statute, 224 New York Law Journal, with Kevin Suttlehan, Oct.31, 2000, 4.  Reprinted as Chapter 8 of New Responsibilities & Obligations Under the Money Laundering & Financial Anti-Terrorism Act of 2001, Practising Law Institute, New York, 2002

Realpolitik, or The First Machine to Beat is the Mimeograph, Up Against New York, William Morrow & Co., New York, 1970

Journal editing

Perspective and Commentary Editor, Public Administration Review, 7/2013-

Member, Editorial Board, Public Administration Review, 1992-2000, 1/2013-6/2103

Guest editor, Government, Law & Policy Journal, Volume 13, Number 2 (Winter 2011) and Volume 14 Number 1 (Spring 2012)

Articles

The Inspector General: Political Culture and Constraints on Effective Oversight, 19(6) Public Integrity 593-606, Nov./Dec. 2017, http://dx.doi.org/10.1080/10999922.2017.1309187; http://orcid.org/0000-0002-1123-2216

The Legitimacy of United States Government Agency Power, 75(1) Public Administration Review, pp. 75-84, January/February 2015, DOI: 10.1111/puar.12279.

Progressive Policy and Legislation in New York State, Continued: The Last Four Decades, 16(2) Government, Law and Policy Journal, pp. 4-9, Winter 2014

Public Value Governance or Real Democracy (Commentary), 74(4) Public Administration Review 504-5, July/August 2014, DOI: 10.1111/puar.12250.

Who Guards the Guardians? 35 Legislative Gazette 5, Number 15, December 6, 2011 (Albany, New York),

Tough Love – Tightening Administrative Hearing Procedures To Get Better Substantive Justice, 25 The NAPPA Report 7, November/December 2011 (published by National Association of Public Pension Attorneys, Sacramento, California), with Deborah Richards

State Law Encourages Insurers to Cheat, 237 New York Law Journal, January 10, 2007, 2 (annotated letter)

Office of the Comptroller of the Currency Preemption, 231 New York Law Journal, with Mark Fleischer, April 6, 2005, 4

Legislating or Litigating Public Policy Change: Gunmaker Tort Liability, 12 Va. J. of Social Policy and the Law 140 (Fall 2004)

Conflict Diamonds, International Trade Regulation, and the Nature of Law, 24 U. Pa. J. of Internat’l Economic Law 835 (Winter 2003-4) 

Not Quite High Noon for Gunmakers, But It’s Coming: Why Hamilton Still Means Negligence Liability in Their Future, 67 Brooklyn L. Rev. 293 (Winter 2001)

New York’s Born-Again Money Laundering Statute, 224 New York Law Journal, with Kevin Suttlehan, Oct.31, 2000, 4.  Reprinted as Chapter 8 of New Responsibilities & Obligations Under the Money Laundering & Financial Anti-Terrorism Act of 2001, Practising Law Institute, New York, 2002

The “Scarlet Letter Laws” of the 1990's: A Response to Critics, 60 Albany L. Rev. 1081, June 1997

20 Years of Prison Expansion: A Failing National Strategy, 53 Public Admin. Rev. 561, Nov./Dec. 1993

Imprisoners’ Dilemma, 14 The American Prospect 106, Summer 1993

Public Administration and the Constitution, Introduction to Forum, 53 Public Admin. Rev.237, May/June 1993

J.S. Mill and the Middle Road for American Constitutional Jurisprudence, 20Perspectives on Pol. Sci. 197, Fall 1991

Constitutional Dimensions of the Iran-contra Affair, 2 Int’l. J. of Intelligence and Counterintelligence 381, Fall 1988

Ethical Analysis in Public Policymaking, 15 Policy Studies J. 441, March 1987

Principled Compromise, 6 Crim. Justice Ethics 50, Winter/Spring 1987

Teaching Law, 37 News for Teachers of Pol. Sci. 1, Spring 1983

Book review, 77 Amer. Pol. Sci. Rev. 216, 1983

Games of Skill, 8 Political Methodology 59, 1982

Reformers as Legislative Watchdogs, 10 The Bureaucrat 49, 1981

Combating Waste in Government, 6 Policy Analysis 467, Fall 1980

Administrative Agencies and the Rites of Due Process, 7 Fordham Urban L. J. 229, 1978-79

Research

1) oversight principles and cases in the United States
2) philosophical foundations of Lon Fuller's jurisprudential approach

Download C.V.

News and Media

Washington Post (February 27, 2018)

      Dino Grandoni quoted me in his story, “The Energy 202: FEMA contract cobbled together from Internet sources, Senators say,” regarding another contract, this one for $156 million to supply food for Puerto Rico, where the bidder plagiarized part of the submission from other contractors”

https://www.washingtonpost.com/news/powerpost/paloma/the-energy-202/2018/02/27/the-energy-202-fema-contract-cobbled-together-from-internet-sources-senators-say/5a94831030fb047655a06958/?utm_term=.ea617762735b

 

Associated Press (November 28, 2017)

      Tami Abdollah and Michael Biesecker quoted me in a story, “Big contracts, no storm tarps for Puerto Rico,” regarding a $30+million contract with FEMA to a brand new unproven company that did not deliver on tarps for Puerto Rico hurricane relief https://apnews.com/cbeff1a939324610b7a02b88f30eafbb/AP-EXCLUSIVE:-Big-contracts,-no-storm-tarps-for-Puerto-Rico

 

New York Times (October 23, 2017)

      Jan Ransom quoted me in a story, “Corruption Trial for Jail Officers’ Biggest Champion is Set to Begin,” regarding the corruption trial of Norman Seabrook, former president of the New York City correction officers’ union

https://www.nytimes.com/2017/10/22/nyregion/norman-seabrook-fraud-charges-trial.html

 

New York Law Journal (October 19, 2017, print edition October 20, 2017)

      Opinion piece, “Lawyers and a New York Constitutional Convention”

http://www.law.com/newyorklawjournal/sites/newyorklawjournal/2017/10/19/lawyers-and-a-new-york-constitutional-convention/?back=law

 

Fortune.com (online version of Fortune magazine, September 26, 2017)

Opinion piece, “Tom Price Should Reimburse Us for His Private Jet Rides,” http://fortune.com/2017/09/26/tom-price-private-jets-flights-travel/

 

NJ Spotlight (online newsletter, February 26, 2017)

      John Reitmeyer quoted me in a story, “Guadagno on Choosing NJ Attorney General: Let the People Decide,” regarding the independence of an elected rather than an appointed Attorney General, http://www.njspotlight.com/stories/17/02/26/guadagno-on-choosing-nj-attorney-general-let-the-people-decide/

 

Democrat and Chronicle (newspaper, March 7, 2016)

      Jon Campbell quoted me in a story, “SAFE Act Charges are Rising,” regarding prosecutions under New York’s 2013 gun safety law, http://www.democratandchronicle.com/story/news/local/2016/03/06/safe-act-charges-rising/81416444/

 

      NY1 (television station, May 5, 2015)

             NY1 quoted me in a story, “Officer’s Death Highlights Problem of Illegal Guns Ending Up on NYC Streets,” by Dean Meminger, http://www.ny1.com/nyc/all-boroughs/news/2015/05/5/officer-s-death-highlights-problem-of-illegal-guns-ending-up-on-nyc-streets.html.       

 

      Huff Post (online newsletter, Jan. 23, 2015)

             Matt Sledge quoted me in article headlined “Sheldon Silver’s Arrest Means Headaches for                       Andrew Cuomo.” http://www.huffingtonpost.com/2015/01/22/sheldon-silver-andrew-cuomo_n_6528058.html.      

 

      NY1 (television station, July 31, 2014)

            NY1 carried an excerpt from a street interview with me across the street from John Jay’s                          North Hall in which I noted that cover-ups are usually more problematic than the underlying                                 controversy.

 

      Wall Street Journal (Newspaper, May 12, 2014)

The Wall Street Journal reported my comment on a policy of Jersey City requiring                              business practice information from the gun manufacturers that supply its police                                   department,        http://online.wsj.com/news/articles/SB10001424052702304431104579552292069287518

 

      Syracuse Post-Standard (Newspaper, November 24, 2013)

      The Syracuse Post-Standard reported my interpretation of a provision of the NY Safe Act,           http://www.syracuse.com/news/index.ssf/2013/11/most_ny_safe_act_arrests_so_far_for_crimes_that_pre-date_new_gun_laws.html  

 

      Albany Times-Union (Newspaper, June 10, 2013)

             The Times-Union published an opinion piece headlined “Done right, gas tax hike means                            jobs,” by Lucius Riccio and myself, www.timesunion.com/opinion/article/Done-right-gas-                         tax-hike-means-jobs-4590053.php

 

      New York Law Journal (Newspaper, February 11, 2013)

      Michael A. Scotto’s article in the 2/11/13 edition, N.Y.’s Organized Crime Control Act After 25 Years,” noted my role as “a principal architect of the statute,” referenced my 2010 book (with Gerald Benjamin) in footnotes 3 and 6, and referenced my letter to the Governor’s counsel in footnote 7.

 

Albany Times-Union (Newspaper, November 30, 2012).

Rick Karlin's article in the 11/30/12 edition (11/29/12 online), "Are 56,326 words just too much?," quoted me on NY State constitutional reform. (at http://www.timesunion.com/local/article/Are-56-326-words-just-too-much-4...)

 

Government Executive (Magazine, November 7, 2012).

Quoted in Gadi Dechter, Making IGs Part of the Solution,  http://www.govexec.com/excellence/management-matters/2012/11/making-audi...

 

City & State (Magazine, March 19, 2012).

This weekly covers New York City and New York State government. It quoted me on some budget language proposals by the Governor.

 

WCWP 88.1 FM Radio (Radio, January 13, 2012).

Nassau County Commissioner Evelyn Roth interviewed me for her show, Project Independence and You.

 

Legislative Gazette (Newspaper, November 29, 2011).

      This weekly covers the New York State Legislature. It published my opinion piece headlined “Former assemblyman asks: Who guards the guardians?” www.legislativegazette.com/

https://digitalmeasures.jjay.cuny.edu/dfeldman/intellcont/Gazette%2011-29-11-1.pdf

 

WVOX-Radio (Radio, August 17, 2011).

Discussion of NY and US government and politics. I was the principal guest for the weekly show, The Advocates. Professor Gerald Benjamin joined us by telephone mid-way through the show.

 

Long Island Newsday (Newspaper, June 9, 2011).

column by Dan Janison discussing of 1998 congressional campaign and Anthony Weiner

 

CBS-TV news (TV, February 2, 2011).

I was on air commenting on the New York City Council's imminent vote banning smoking in public parks and beaches

 

The New York Times (Newspaper, January 26, 2011).

I was quoted in Elizabeth Harris's column, "Bloomberg's Gun-Limits Coalition Grows, but Finds a Hard Sell in Washington,"

page A19.

 

Albany Times-Union (Newspaper, January 2, 2011).

discussion of Tales from the Sausage Factory

 

CUNY TV, City Talk (TV, November 24, 2010).

Interview concerning Tales from the Sausage Factory

 

Syracuse Post-Standard (Newspaper, October 17, 2010).

discussion of Tales from the Sausage Factory

 

Brian Lehrer show, WNYC Radio (Radio, September 2, 2010).

Discussion of Tales from the Sausage Factory

 

Capital Tonight, YNN television station (TV, September 2, 2010).

Serves upstate New York, interview concerning Tales from the Sausage Factory

 

Susan Arbetter, Capitol Pressroom, WCNY (Radio, August 30, 2010).

Radio station serving Albany and other cities, discussion of Tales from the Sausage Factory