Pace Law ALUMNI MAGAZINE • SPRING 2018
DEAN OF PACE LAW
CONTRIBUTING WRITERS
DESIGN
David Yassky
Jessica Dubuss Sarah Cinquemani Jeffrey Florestal Ryan Memoli Kristyn Francese Marcy Robles Mark Meeker, Esq. (Dec. ’09) Professor Jill I. Gross Professor Marie Stefanini Newman Professor Vanessa Merton Elizabeth Rapuano
Tom Carling, Carling Design, Inc.
EDITORS
Jessica Dubuss Elizabeth Rapuano ASSISTANT DEAN OF COMMUNICATIONS
Elizabeth Rapuano DIRECTOR OF DEVELOPMENT AND ALUMNI RELATIONS
Arianne L. Andrusco
PHOTOGRAPHY
Jörg Meyer Photography Don Hamerman Photography Liflander Photography Jim Metzger Photography Pace Law Faculty & Staff PRINTING
Lane Press
The Pace Law Alumni Magazine is published annually under the auspices of the Dean, and is distributed free of charge to alumni and friends of Pace Law. ADDRESS CORRESPONDENCE TO:
Development and Alumni Relations 78 North Broadway White Plains, NY 10603 plsalumni@law.pace.edu
Opinions expressed on these pages do not necessarily reflect those of the magazine staff or of individuals enrolled at or employed by Pace University or of Pace University itself. Pace University admits, and will continue to admit, students of any sex, disability, race, sexual orientation, color, national and ethnic origin to all rights, privileges, programs, and activities generally accorded or made available to students at the School. It does not, and will not, discriminate on the basis of sex, age, disability, race, sexual orientation, color, national and ethnic origin in the administration of its educational policies, admissions policies, scholarships and loan programs, and athletic and other school-administered programs.
© Copyright 2018 by Elisabeth Haub School of Law at Pace University
Pace Law ALUMNI MAGAZINE • SPRING 2018
Message from the Dean
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OF NOTE Immigration Justice Clinic
4
16
4
Career Corner
8
Robert Tucker Prize for Prosecutorial Excellence
9
2017 Haub Visiting Scholars
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Investor Rights Clinic Celebrates 20 Years
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Pace Law Library Supports Alumni
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Expanding Pace Law’s Criminal Justice Program
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S TA F F P R O F I L E
• Cathy Alexander, Assistant Dean for Admissions 6 STUDENT PROFILES
• Sarah Cinquemani, J.D. Candidate 2018
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• Jeffrey Florestal, J.D. Candidate 2018
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F A C U LT Y Teaching by Experience
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Pace Law Faculty Publications (2017)
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F A C U LT Y B O O K E X C E R P T S
• Blaming Mothers: American Law and the Risks to Children’s Health
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• Prosecution Stories
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F A C U LT Y P R O F I L E S
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• Professor Katrina Fischer Kuh
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• Professor Alexander K.A. Greenawalt
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EVENTS
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CLASS NOTES
30
Spotlight on LLM/SJD Graduates
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The Pace Environmental Law Alumni Association 38
20
44
Love and Marriage at Pace Law
44
Letter from the Alumni Board President
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In Memoriam
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ALUMNI PROFILES
• Elizabeth Cronin ’83
30
• Lisa A. Linsky ’84
36
• Louis L. Bono ’92
40
• Henry Mascia ’09
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MESSAGE FROM THE DEAN
Dear Pace Law alumni,
“I am enormously thankful for the support that so many of you have given to me and to the Law School over the past four years. I am proud to be part of the Pace Law family…”
As I write, we are preparing to graduate the Class of 2018. It has been another superb year at the Law School. I often use metrics to summarize, and all of ours are outstanding: our graduate employment rate for the Class of 2017 was the top in our peer group (for the second year in a row!); applications for next year’s entering class grew by twice the national average; and our bar pass rate went up by 6 points. We are not resting on this success. My faculty colleagues and I continue aggressively to strengthen our program and to innovate. Last year’s highest priority was to turbocharge our environmental law specialty by implementing the initiatives funded by the Haub family, and we have sustained that momentum. We added a dynamic, nationally known climate change expert, Katrina Fischer Kuh, to our faculty. We enrolled another promising cohort of Haub Scholars. Our firstin-the-nation Food and Beverage Law Clinic is solidly established, and New York State policymakers are looking at it as a model for other areas. This year, we turned our focus to the Criminal Practice concentration. The Law School has great strength in this area: excellent faculty members, clinical programs with both district attorneys and public defenders, and a large network of alumni in criminal practice. Last year, for example, nearly 15% of the graduating class went to D.A. offices. I believe we are the best school in the New York area for students seeking careers in criminal practice, and I want everyone to know it. So this year, we both expanded our substantive program and also undertook to showcase it. In the curriculum, we added a new class on “Best Practices in Prosecution” and another on “Use of Forensic Evidence.” We brought a former highlevel Assistant United States Attorney, Mimi Rocah, to campus as a Distinguished Fellow in Criminal Justice. In addition to teaching a popular course on Federal Prosecution, Mimi is a regular (almost daily these days) commentator on national news networks, which has given us marvelous visibility. Thanks to the generosity of Robert Tucker ’96, we established the Robert Tucker Award for Prosecutorial Excellence. The inaugural award ceremony, honoring Queens District Attorney Richard Brown, drew dozens of New York’s top criminal justice policymakers. These are just the latest elements of the work we started four years ago to revitalize Pace Law in the midst of the historic, post-Recession disruption in legal
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education. Shortly after I joined the Law School, my colleagues and I put together a strategic plan organized around our vision of Pace Law as a “Path to Practice.” We embraced our core mission of launching students into the legal profession, and set out to establish Pace as the leader among our competitors in graduate employment success. We established concentrations to orient our students—and faculty—toward preparation for practice, and we doubled down on Pace’s traditional strength in skills-based education by adding new externships and clinics, and by integrating them fully into our curriculum. Four years later, I am so proud of the work my colleagues have done to achieve our goals. I won’t say “mission accomplished”—an institution is always a work in progress—but I will say we have made great progress. I have been reflecting on this progress because, as you may know, I have decided to step down as Dean this summer. This was a difficult decision, because I have truly loved serving as your Dean. Our students are simply amazing: I am continually energized, impressed and delighted by their acuity, determination and passion. And of course, they turn into equally wonderful alumni. One of the most fun parts of my job as Dean has been getting to know so many of you. Every time I hear about one of our alums winning a trial, closing a deal, getting a great settlement—just plain doing the excellent job serving clients that Pace Law alums are known for—I feel a tiny bit of pride. The decision was made much easier by the fact that I work with such a talented and dedicated group of colleagues, including our current Associate Dean Horace Anderson, who will serve as interim Dean next year. I know that with his leadership, and our entire team, Pace Law will continue to flourish. I am enormously thankful for the support that so many of you have given to me and to the Law School over the past four years. I am proud to be part of the Pace Law family—and since faculty are always invited to reunions, I look forward to seeing you there and at many other alumni events!
David Yassky Dean, Elisabeth Haub School of Law at Pace University
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OF NOTE
Immigration Justice Clinic Notable Achievements in 2017
ing to return from home visits during winter break. Additionally, the IJC was asked to present numerous Know Your Rights workshops in academic, religious, and government institutions. Over spring break, the IJC returned to the Family Detention Center in Dilley, Texas to provide desperately needed representation to women and children fleeing Central American gang violence and government corruption. Policies of the new federal administration translated into reduced access to the clients and heightened legal standards for relief. Despite these obstacles, student attorneys Joseph Moravec, Jordan Montoya, Heena Arora, Luis Leon, Jonathan Campozano and IJC Administrator Miguel SĂĄnchez Robles, working with Professor Vanessa Merton, were able to counsel dozens of families. Fall semester began for the eight brand-new student attorneys who had just joined the IJC with
Jim Metzger Photography
PACE LAW’S IMMIGRATION JUSTICE CLINIC (IJC) had quite a busy and successful 2017, full of notable achievements, particularly in the context of the extraordinary developments that made immigration law and practice, always challenging, an unprecedented experience in crisis response and resilience. IJC student attorneys became front-line soldiers in the struggle to maintain the rule of law and safeguard client rights by insisting that federal agencies and officers follow their own rules and adhere to statutory requirements. In early 2017, the IJC mobilized to respond at airports and elsewhere to the Executive Orders restricting entry into the United States from Muslim-majority countries and largely halting refugee resettlement. While assisting banned immigrants, the IJC was also drafted by faculty colleagues to counsel Pace undergraduate/graduate students try-
Professor Vanessa Merton with Pace Law students and alumni
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“The Immigration Justice Clinic is a true legal clinic, in which law students are licensed to perform all the tasks and make all the decisions that arise...” the president’s abrupt termination of the program known as Deferred Action for Childhood Arrivals (“DACA”), which permitted roughly 800,000 undocumented immigrants who had entered the United States as young children to live, attend school, and work without constant fear of deportation. Less than a month was allotted to submit one final round of renewal applications. Student attorneys worked tirelessly to get these applications, with all the necessary supporting documentation, filed by the deadline. The IJC acquired several new DACA clients at workshops where they had presented. It was an extremely strenuous month, but to paraphrase LinManuel Miranda in Hamilton, the student attorneys “got the job done.” In November 2017 came the sudden end of Temporary Protected Status (“TPS”) for 65,000 Haitian nationals who had resided in the United States for at least seven years, and often much longer. TPS embodies the special commitment of the United States to offer refuge to people whose countries have been rendered virtually uninhabitable or ungovernable until those countries can recover and re-absorb their populations abroad. However, Haitians with TPS—many in college or professional school, property owners, small business proprietors, or valued employees in areas like home health care and child care—were ordered to leave the United States in 18 months despite continuing disarray in Haiti. IJC’s Haitian clients, both TPS holders and their non-TPS relatives, were thrown into a panicked state and student attorneys had no choice but to add them to an already high caseload for emergency consultations, providing strategic advice about their limited options. Thanksgiving 2017 was celebrated on a far happier note: student attorneys Erin Novak and Alejandro Mendez-Novoa successfully concluded a twoday merits hearing in NYC Immigration Court and prevented the removal of a mother and son who had fled gang threats and domestic abuse in El Salvador. The case was resolved extremely favorably with a full
Kristin Jung ’17 and student attorney Emily Bendaña grant of asylum and a waiver of appeal by Homeland Security. Additionally in November, alumna and IJC postgraduate fellow Kristin Jung ’17 made her first argument before the United States Court of Appeals for the Second Circuit. Kristin concisely explained the complex immigration regulations that ought to have applied to her client, citing both law and equity, and appealed to the Court to hold the government to the same stringent standards that immigrants must meet. Co-counsel Emily Bendaña collaborated in producing both the main and reply briefs and preparing for the argument by mooting in role as the government lawyer. Emily also took the lead in managing the multi-volume record organization and document submission that make a Circuit Court case so demanding. Professors Thomas McDonnell and Vanessa Merton and the entire Immigration Justice Clinic participated in the research and mooting of this difficult case. Whatever the outcome, the client and his family know that the IJC fought to keep them together for as long as possible. And, most recently, student attorneys Maria Continued on page 6
SPRING 2018
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OF NOTE Moura and Rebecca King achieved a big win that could halt the imminent removal of a youth threatened with gang retaliation if returned to El Salvador. He was threatened after he had disclosed to police information about gang-related crime in Long Island, causing the deportation of gangidentified individuals. Along with Kristin Jung, King and Moura managed to persuade a Suffolk County Family Judge to grant both a guardianship petition and a Motion for Special Findings, the necessary although not sufficient basis for Special Immigrant Juvenile Status. Previously, the Clinic’s teenage client, misadvised, had agreed to a Youthful Offender finding against him and been placed in removal proceedings, his asylum claim rejected. The IJC is fighting that ruling seeking to vacate the removal order and direct the Immigration Judge to take into account the possibility of Special Immigrant Juvenile Status. The Immigration Justice Clinic is a true legal clinic, in which law students are licensed to perform all the tasks and make all the decisions that arise during their direct representation of real clients. All advice and representation is provided by student attorneys authorized by New York State and federal courts and immigration authorities to practice law while supervised by a law professor. The IJC serves indigent people living, working, or detained in the Hudson Valley, in the five boroughs, and when feasible, Long Island. Free advice and representation are offered to eligible immigrants fighting their removal from the United States and/or seeking to regularize their legal status through family ties, employment, asylum, or pursuant to Violence Against Women, Special Immigrant Juveniles, Diversity Visa, Anti-Trafficking, Temporary Protected Status, the U Visa, or Deferred Action for Childhood Arrivals. The IJC represents immigrants facing deportation in the Immigration Courts of New York City and various correctional facilities. Currently, the IJC is supervised by Professor Vanessa Merton, co-supervised by Professor Tom McDonnell, and expertly managed by the Immigration Justice Clinic Administrator, Miguel Sánchez Robles. Based on reports from Professor Vanessa Merton and the Immigration Justice Clinic
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S TA F F P R O F I L E
Continued from page 5
Cathy Alexander Assistant Dean for Admissions
How did you find yourself at Pace Law? And, in admissions? Pace’s motto is Opportunitas and my story is one of many that fit that motto. During my sophomore year as an undergraduate student at Pace University in Pleasantville, my family faced tragedy with the sudden loss of my father. I started applying for jobs at the University. I was hired in January 1991 as an Admissions Assistant in the Law School Admissions Office. I completed my BA in 1996 and was promoted to Assistant Director of Admissions. In 2000, I was promoted once again to Director of Admissions and then to Assistant Dean for Admissions. Pace opened a door for me more than 20 years ago and helped me develop skills that have allowed me to thrive as a professional in higher education. What is your favorite part of working in admissions? Overall, I love the interaction we have with students and how dedicated they are to Pace Law. One of the main reasons I have remained in admissions for higher education is the satisfaction I receive from seeing applicants realize their dream of obtaining a legal education. One of my favorite events is new student orientation, when I get to meet all of our enrolling students, who have made the journey through the application process. And, also, graduation, when I get to see our students walk across the stage and receive their diplomas. What is the “key”— if there is one— to the application process? Preparation. It is a recurring theme in law school from applying to graduating. To assist with this, we host many programs to help prospective students who do not have mentors to guide them through the process. I am very proud of some of our unique programs such as Law Day with LatinoJustice
ships and job placement. The entire community works together to make sure students receive the tools necessary for success in the profession. What has changed most over the years in admissions? Technology has changed the way we communicate with students and review applications. I am proud to say that we moved to a paperless admission process a few years ago, which is not only more efficient, but also better for the environment. Outside of admissions and Pace Law, what are you passionate about? I am passionate about rescue animals, I really enjoy college basketball, and I love to spend time with my family. n
“The community at Pace Law sets it apart from other law schools. Faculty and alumni are involved in our recruitment activities and more than 20 students participate in our student mentor program each year.� and the Pipeline program which guides students through LSAT prep. What makes Pace Law special? The community at Pace Law sets it apart from other law schools. Faculty and alumni are involved in our recruitment activities and more than 20 students participate in our student mentor program each year. In addition, our location provides access to one of the most robust marketplaces for intern-
Cathy Alexander with two student mentors
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OF NOTE
Career Corner
What are the skills that make a successful attorney in 2017? BY JILL BACKER A SS I STA N T D E A N F O R C A R E E R A N D P R O F E SS I O N A L D E V E LO P M E N T
Customer Service Skills: Such things as customer service and other soft skills are now a huge part of the equation to becoming a successful attorney. Law firms long ago did the research to realize that rainmakers (usually the biggest customer service specialist at the firm) by and large have diametrically opposed sets of attributes to those of most ivy leaguers or even a top 10 percenter. The practice of law doesn’t exist without the clients. Technical savvy: There has been a not so subtle shift in the profession where lawyers now need to be technicians more than ever to deal with technology. Lawyers still use their brain as their best tool but it must be merged with the efficiency of computer programs and technology. Large corporate clients will have sophisticated technology in place and the demand may be that their outside counsel use their tech in controlling costs and easing communication. Lawyers and firms alike will have to have a degree of technological savvy to navigate client demands and for their own efficiency. Project Management: Project management could include tech but more so a set of processes. Lawyers tend to not delve into processes and efficiencies too much and unless you have clients like GE, few lawyers know Six Sigma-like tools. The firms that have taken a high dive into such efficiency tools, such as Seyfarth Shaw and others, have seen a dramatic uptick in positive efficiency and they are reaping the rewards of that proficiency.
Jill Backer THERE IS A COGNITIVE DISSONANCE between legal hiring and required competencies to perform successfully as a lawyer. Legal employers have long held onto the belief that hiring for credentials such as a highly ranked law school or GPA will bring the best batch of lawyers. However, even more important to success as a lawyer today are attributes outside of top credentials or “thinking like a lawyer”. Frankly, not even being a superb lawyer is enough in today’s marketplace. The traditional lawyerly attributes are fast becoming just a mere part of the equation that equate to a good lawyer.
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Adaptation: Overall, it has not been a subtle shift in the market when lawyers began to understand that the profession needed to adapt to their clients. Most lawyers are going kicking and screaming into adaption mode. Attorneys need to be better prepared to adapt to all kinds of client demands such as technology, alternative billing, diversity and efficiency. A more nimble approach to practice is required. The demand for conventional lawyering is diminishing while the demand for more customized legal services is on the rise. No one wants to pay rack rates for off the shelf lawyers—everyone wants a custom deal. If you are not prepared to discuss alternative billing, processes and technology, then be prepared to not land the case/client.
“Frankly, not even being a superb lawyer is enough in todays’ marketplace. The traditional lawyerly attributes are fast becoming just a mere part of the equation that equate to a good lawyer.”
Grit: Grit, as defined as “strength of character involving courage and resolve” is a new discussion in the legal field. There have been articles about women attorneys and grit, new lawyers and grit, and diverse lawyers and grit. Someone even came to the conclusion that the millennial generation is, in the aggregate, short on grit. I think grit is a trait that can be taught and so does the ABA. I also think it is a required attribute to be successful in the current legal market. Overall lots of legal employers seem to still value credentials over the skill set in their junior hires. I am not sure what this means for the future of the profession or whether the lawyers from large legal employers in the future will be less capable. However, with the winds of change come different legal knowledge, technology, project management, and a grasp of the softer skills of customer service that will breed success. n
Robert Tucker Prize for Prosecutorial Excellence Awarded to District Attorney Richard Brown ON OCTOBER 30, Pace Law was pleased to host the first ever Robert Tucker Prize for Prosecutorial Excellence. The Award was made possible by Pace Law alumnus Robert Tucker, Class of 1996. The inaugural prize was presented to Queens District Attorney Richard Brown. District Attorneys from Queens, Manhattan, the Bronx, Brooklyn, Nassau, and Rockland counties attended the event, as well as Assistant District Attorneys, law enforcement, civic leaders, members of the judiciary and Pace University President Marvin Krislov, Dean David Yassky, and Robert Tucker ’96 join District Attorneys, Assistant District Attorneys, and others at the celebration
New York City government and our Pace community. n
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STUDENT PROFILE
OF NOTE Sarah Cinquemani J.D. Candidate 2018
President, Student Bar Association, 2017-18 What brought you to law school? I decided in my junior year of college that I wanted to attend law school for environmental law after reaching the conclusion that environmental policy work would not be the most effective way I could make a positive impact. Looking back, it is a bit funny because being in law school has shown me that law is not necessarily the fastest way to create change either. But, I have learned that I don’t need to make changes at the highest level of government to see an impact; helping a community fight for their environmental rights to access a park has an impact on those people and that’s significant to me. Why did you choose Pace Law? I only applied to law schools with environmental law programs; so naturally, Pace was at the top of my list. In addition, Pace has such close proximity to NYC and to my family in central Connecticut. I also received a substantial scholarship and met with environmental faculty from whom I was excited to learn. Why did you choose to focus on environmental law? My focus is environmental law because nature needs good lawyers. Being outdoors and protecting nature has always been a big part of my life. Growing up I was constantly pressuring my friends and family members to recycle and I was never shy to share my opinions on environmentally unfriendly habits such as taking cruises or idling one’s vehicle. As an undergraduate student at Adelphi University, I studied Environmental Studies and Political Science. During that time, my love for the outdoors grew, especially after studying abroad in Australia and the U.S. Virgin Islands. I always knew that no matter what career path I took, being an environmental advocate would always be a part of who I am.
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“At times, I have found myself stuck in the weeds of legal research and writing, but I am reinvigorated when I remember that the work I am doing is helping a person or a group of people have a better life.”
2017 Haub Visiting Scholars Judith Enck Which professors at Pace have shaped your law school experience? It is hard to narrow it down, but if I had to pick three: Professors John Nolon, Karl Coplan, and Debra Cohen. Each of them brought something different and unique to the classroom, they were always passionate about the subject being taught, and importantly, available if I had any questions in or out of the classroom. It is important to me to learn from faculty who have hands on experience in the fields they are teaching, what better way to learn than to hear about their personal battles in the legal arena. What have been some of your favorite law school experiences? I was lucky enough to attend the IUCN (International Union for Conservation of Nature) World Conservation Congress in Hawaii at the beginning of my 2L year. It was unbelievable. And, while I was there, I was able to attend countless workshops about topics ranging from ocean conservation, public lands, and animal trafficking. I also worked on negotiating language for proposed motions, which Congress would then vote on. I do not think many law students can say the same! The entire experience was amazing. I was working with and learning from some of the most notable environmental advocates around the world.
Ms. Enck is the former Regional Administrator for Region 2 of the U.S. Environmental Protection Agency. She has had a long and distinguished career of public service and environmental protection. During her time at Pace Law, students and faculty alike gained great insights from her experience. While here, among many other things, she organized a networking event and guest lectured about plastics in the ocean.
Dr. Steven Lord Dr. Steven Lord is a Researcher with the Environmental Change Institute at Oxford. He kicked off his visit at Pace Law with a lecture focused on the many uncertainties in climate modeling. During his time at the School, Professors Jason Czarnezki and Margot Pollans collaborated with Steven to develop protocols for modeling the environmental impact of food production. Funding for the Visiting Scholars positions was made possible by a gift from the Haub family in recognition of the essential role of environmental science, informatics and other technology and allied fields towards formulating environmental policy and law. n
In your opinion, what makes a “good� lawyer? Someone who does not lose sight of the cause they are fighting for, which is harder than it sounds. At times, I have found myself stuck in the weeds of legal research and writing, but I am reinvigorated when I remember that the work I am doing is helping a person or a group of people have a better life. You are a 3L, what are some of your goals once you graduate? Pass the bar! I hope to pursue a career in environmental law, but if that does not happen immediately, I would love to obtain a position where I can gain litigation experience. n
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Investor Rights Clinic Celebrates 20 Years ON OCTOBER 12, 2017, Pace Law celebrated the
Emerita Barbara Black with the Founder’s Award in
twentieth anniversary of the founding of the Investor
recognition of her extraordinary vision and lasting
Rights Clinic (formerly known as the Securities Arbi-
impact on students, investors and Pace Law.
tration Clinic). Attendees included current and former
At the celebration, Professor Gross remarked
clinic students, current and former clinic supervisors,
that, since the clinic opened, more than 200 students
former clinic clients, Kenneth Andrichik, Chief Counsel
have participated, handling hundreds of investor
and Senior VP of FINRA’s Office of Dispute Resolu-
inquiries and formally offering representation to
tion, lawyers and neutrals who practice in the area of
dozens of them. In total, students have recovered
securities arbitration, and faculty and staff from the
more than $700,000 for these clients, one dollar at a
Law School. Professor Jill Gross, the Clinic’s Director
time, and offered explanations and priceless closure
from 1999-2015, presented clinic founder Professor
to many others for why they lost money. Students also have presented investor education programs in the community, filed more than 75 comment letters to SEC and FINRA rule filings that impact the individual retail investors, and filed one amicus brief with the U.S. Supreme Court. During the celebration Clinic alumni Britny Auletti ’17, Christine Goodrich ’11, Michael Calandra ’05, and Peter Dawson ’05 spoke about the impact the Clinic has had on their professional careers. In addition, recently, the Pace Investor Rights Clinic published the 2017 edition of the Investor’s Guide to Securities Industry Disputes: How to Prevent and Resolve Disputes with Your Broker. Professors Jill Gross and Elissa Germaine were editors of the Guide. Professor Gross is also a co-author for the fifth edition of the treatise Broker-Dealer Law and Regulation (Wolters Kluwer, forthcoming 2019) (with Norman S.
Investor Rights Clinic founder, Professor Emerita Barbara Black
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Poser and James A. Fanto). She also co-authored the 2018 supplement to the Fourth Edition. n
Pace Law Library Supports Alumni THE PACE LAW LIBRARY offers support to Pace Law alumni throughout their professional careers. Pace Law Library is staffed by librarians, most of whom have J.D. and MLS degrees. Alumni seeking access to the Law Library who don’t have an alumni ID card are initially issued a patron information card to access materials including reserve items from the Circulation Desk. Your permanent ID card will be issued in exchange for your patron information card. Please contact the ID office on the first floor of Aloysia Hall (914) 422-4032 to confirm their current hours.
Library Resources, Including Databases There are a number of subscription databases available from all the computers in the Library. A public access version of Lexis, including Shepard’s, is available for use by our alumni; it is available at one computer opposite the Reference Desk. The reference librarians are available to assist you in accessing and using these resources. The Law Library can support your research through our collection of New York materials, including New York practice materials and treatises, McKinney’s statutes and forms, the NYCRR, case reports and digests, and records and briefs for the New York State Court of Appeals, 1956 to date. Whether at your office or on campus, you have access to the research guides developed by our reference librarians; they cover a range of topics such as a guide to free and low-cost resources which includes information on internet legal research as well as some low-cost alternatives to Westlaw and Lexis, including Fastcase and Smart Litigator.
Other Services The six public access computers across from the Reference Desk provide access to the Library catalog, Microsoft Office, and the internet. If a Law School graduate comes to the Law Library and we can confirm in our database that he/she is a Pace Law graduate, the Library staff will issue the graduate a
green Patron Information Card. This card serves as a pass that will give the graduate access to the Law Library on the day of the visit, and enable him/her to get started on his/her research right away. The graduate can bring the Patron Information Card to the Registrar to begin the process of creating a Law School photo ID. Alumni can print from any of the library computers at a cost of 6 cents per page. A color printer is available at a cost of 30 cents per page. Alumni can also scan at a machine behind the Reference Desk at no charge. Photocopying is available at a cost of 10 cents per page. Please visit https://law.pace.edu/library for additional information. n #AlumniAccess @pacelawlibrary
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STUDENT PROFILE
OF NOTE
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Jeffrey Florestal J.D. Candidate 2018
President, Black Law Students Association, 2017-18 WHEN JEFF FLORESTAL started law school, it was not necessarily his intention to focus on criminal law. “I wanted a career where I could make a difference in people’s lives. After beginning law school, I felt compelled to pursue a concentration in criminal practice. Coupled with my criminal law class, I saw the work that the late Ken Thompson was doing in Brooklyn, specifically with the Conviction Review Unit. I also saw the positive changes in the Bronx after Darcel Clark became DA, specifically surrounding wrongful convictions. Criminal law is a field where, I believe, you can do what I sought out to do at the beginning of my law school experience—make a difference.” After receiving his bachelor’s degree, Jeff spent almost three years working for Bowery Residents Committee, a nonprofit in New York City dealing with the prevention of homelessness. “Most of my time there, I was tasked with speaking to the homeless population in Port Authority, Penn Station, and other parts of the City. The goal was to try to get these individuals into homeless shelters and/or drug and alcohol rehabilitation programs depending on their situation.” Jeff notes that, while Law School had always been a likely path for him, he wanted to gain some work experience before making the commitment. After his experience working for a nonprofit, Jeff was ready to apply to law school. As for choosing Pace, “it just made sense.” Jeff and his wife, who are both the children of Haitian immigrants, are from Rockland County. “We did not want to leave the area. I saw that many lawyers practicing in and around the area were Pace Law graduates. It was the perfect opportunity and I was confident that Pace Law was a solid choice to prepare me for my future career as a lawyer.” Time and again, Jeff’s decision to attend Pace has been reinforced through his many positive experiences at the school. As he explains it, his professors have
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been great, his classroom experience excellent, and he has gained a myriad of practical tools to use once he is officially a lawyer. “Professor Carol Barry is an amazing resource at the school. She guided me every step of the way when I ultimately committed to pursuing a career in criminal law. She helped me better understand the information I had learned in my courses, and was always ready to answer questions or offer advice when I asked.” Perhaps his most positive experience at Pace was representing the School’s Black Law Students Association (BLSA) chapter in the annual Thurgood Marshall Mock Trial Competition last year. “Our team won first place in the regional round, beating NYU and St. John’s who placed second and third, respectively. We advanced to compete at the national level in Houston, and placed in the top eight nationally.” What is Jeff looking forward to in the next year? “My wife and I are expecting our first child! I am beyond thrilled and law school has prepared me well for any potential lack of sleep! I also received and accepted an offer at the Bronx County District Attorney’s Office. During my time at Pace, I learned that a good lawyer is one who uses his or her skillset to effectively advocate for his or her client, vigorously seeking justice on behalf of that client, and communicating well during that process.” n
Expanding Pace Law’s Criminal Justice Program PACE UNIVERSITY’S Elisabeth Haub School of Law announced former Assistant United States Attorney Miriam (Mimi) Rocah as the first Distinguished Fellow in Criminal Justice at the Law School. Ms. Rocah’s appointment is the latest step in the Law School’s expansion of its highly regarded program for aspiring prosecutors and criminal defense attorneys. As a fellow, in addition to teaching and advising students, Ms. Rocah arranges speakers, symposia and policy conferences on issues of current importance to practicing attorneys and policymakers in the criminal justice arena. She joined the Law School on October 16. “At Pace Law, we have forged a distinctive program for students seeking careers in prosecution and criminal practice, with superior faculty, a strong focus on experiential learning, and mentorship by our large network of alumni prosecutors and defense attorneys,” said David Yassky, Dean of the Elisabeth Haub School of Law at Pace University. “Mimi brings an extraordinary depth of high-level experience to our ‘Path to Prosecutor’ program, and she will help deepen our engagement with practitioners and policy makers.” “I’m thrilled to be joining the Pace Law community,” said Mimi Rocah. “I look forward to furthering the law school’s mission by bringing together law enforcement, distinguished practitioners, legal scholars and law students to explore important criminal justice issues.” In addition to Ms. Rocah’s appointment, Pace Law appointed Adjunct Professor of Law Carol Barry to serve as Executive Director of the Pace Criminal Justice Institute (PCJI). The PCJI generates educational opportunities for Pace Law students and promotes interdisciplinary collaboration between scholars, policymakers and practitioners in and outside the Pace community. The Institute supports and encourages creative research, teaching, and discussion concerning the theory and practice of criminal
law and makes legal resources available for those interested in advancing criminal law reforms and promoting the fair and ethical prosecution of criminal defendants. Over the past 20 years, Professor Barry has led Pace Law’s prosecution externship programs, teaching and training many future prosecutors. Hundreds of Pace Law’s 8,000 alumni have served as prosecutors across the country. More than 20 members of the graduating class of 2017 went on to serve as Assistant District Attorneys in offices in New York State and beyond. “I’m very proud of the longstanding commitment we have had at Pace Law to provide our students with invaluable hands-on experience and give them the necessary foundation of knowledge and skills to succeed as prosecutors and defense attorneys,” said Carol Barry. “I look forward to working with Mimi to enhance and strengthen the mission of the PCJI.” Funding for the distinguished fellow in criminal justice was provided by the Haub Programmatic Innovations Fund, a part of the transformational gift provided by the family of Elisabeth Haub in 2016. n
“At Pace Law, we have forged a distinctive program for students seeking careers in prosecution and criminal practice...” — Dean David Yassky
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Teaching by Experience
Professor Gross Travels to Israel for Dispute Resolution Law Faculty Seminar BY PROFESSOR JILL I. GROSS
Professor Jill Gross before the opening presentation of the Seminar
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IN DECEMBER 2017, I had the privilege of traveling to Israel for a one week “traveling seminar” with eleven other professors from law schools around the country who teach in the area of dispute resolution. The purpose of our trip was to study the ongoing, intractable conflict between Israelis and Palestinians up close, and through the lens of many different perspectives. Sponsored and organized by the Jewish Federation of North America’s Academic Partners for Peace Program, our group met with high-level leaders, dignitaries, judges, politicians, visionaries, victims, activists, and negotiators to gain a deeper understanding of the various positions and interests at stake in the ongoing battle for peace, land, human rights, and dignity in the historical land of Israel. The trip also facilitated our study of conflict resolution strategies that are being used on the ground to try to foster peaceful interactions between Israelis and Palestinians. Finally, part of our mission was to evaluate the learning experience of the journey as a whole so that we can consider organizing and leading similar seminars for students in the future. We traveled to the cities and towns of Tel Aviv, Jaffa, Safed, the Golan Heights, Jerusalem, and also crossed Israeli-controlled areas of the West Bank. Highlights included meetings and discussions with Tzipi Livni, a current member of Israeli’s Parliament (Knesset) and Israel’s former Foreign Minister and Minister of Justice; Dalia Rabin, a former member of Knesset and the daughter of assassinated former Prime Minister Yitzhak Rabin; two former Presidents of the Supreme Court of Israel (Aharon Barak and Asher Grunis); the President of the Military Court at IDF Ofer Base (an Israeli military base where Palestinians accused of committing crimes in Israeli-occupied West Bank territory are brought to justice); and Tal Becker, deputy legal adviser at Ministry of Foreign Affairs and chief peace negotiator for the government of Israel. We toured the architecturally beautiful Supreme Court of Israel, experienced deep sadness at the Holocaust Museum Yad Vashem, and walked the grounds of Givat Haviva (“Shared Society”) near one of the controversial borders between Israel and the West Bank. Perhaps the greatest experience was meeting with wounded Syrians (mainly civilians) at the Ziv Medical Center near Israel’s border with Syria to hear about the humanitarian medical aid that Israel provided to them despite their fear of Israel – a country they were taught to think of as “evil” and an enemy. After that visit, we went to the top of the Golan Heights and listened to the bombs exploding in neighboring Syria, a country enmeshed in a brutal civil war. (Of course, a trip to a Golan Heights winery afterward lightened the mood!)
We also studied the international conflict over Jerusalem, which was particularly current as we traveled there just a few days after President Trump recognized Jerusalem as the capital of Israel. We learned from peace negotiators for Israel who are engaged in Track II negotiations (which set the parameters for more substantive peace talks) that the geopolitical and religious complexities of Jerusalem make a two-state solution virtually impossible to implement. I also observed that one barrier to resolving the conflict is the internal strife in Israeli society: internal conflict between ultra-religious and secular Israeli Jews has intensified over the past decade and has severely polarized the country. The most important lesson I learned is a lesson I teach my dispute resolution students every semester: the importance of recognizing a party’s underlying interests before a conflict resolution strategy can truly succeed. In Israel, all parties must recognize the existential nature of the conflict: that the road to peace in the land of Israel will not stem from a framework of “land for peace,” or a real estate transaction, but from a fundamental recognition that the people in Israel, both Arabs and Jews, have deep connections to the land, historically, religiously and culturally. Fundamentally, this is a conflict over identity, not land. Despite grassroots organizations such as Givat Haviva, which engages divided communities in collective action, and Shorashim (“Roots”), which tries to normalize daily contact between Israelis and Palestinians, we saw that daily interactions between Israelis and Palestinians are rare, and fraught with peril. We also saw firsthand the role of fear. As one Palestinian whose family has feared persecution and experienced violence astutely observed: “There are a lot of asymmetries in this conflict; fear is not one of them.” To read more about my experiences in Israel, visit the ADR Prof Blog, Indisputably.org, and click through to posts from December 2017. Perhaps our wonderful tour guide, Mike Rogoff, best summed it up when he stated: “If you are on a mission from God, compromise is not in your vocabulary.” n
Scenes from Israel: Panoramic view of the Sea of Galilee from a kibbutz near the Golan Heights, “Love” in the Sculpture Garden of the Israel Museum in Jerusalem, and Professor Gross at the Wailing Wall in Jerusalem
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FACULTY Professor Katrina Fischer Kuh First Haub Distinguished Professor of Environmental Law What brought you to Pace? I joined Pace Law in the fall of 2017. I was thrilled to have the opportunity to join one of the country’s most exciting environmental law programs. You are the first Haub Distinguished Professor of Environmental Law—what does that mean to you? Becoming the Haub Distinguished Professor is both an honor and a responsibility. Pace’s environmental law program has produced a generation of environmental professionals who have shaped environmental laws and improved environmental outcomes throughout the world. The Haub Distinguished Professor, a position made possible by the generosity of the Haub family and their commitment to environmental protection, must build on the Environmental Law Program’s successes to find solutions to our most serious environmental challenge yet, climate change. What is the best part about teaching for you? The passion, energy and ingenuity of my students gives me hope that, as intractable as some environmental challenges seem, we will find ways to use law and policy to craft workable solutions. What do you wish students would realize sooner rather than later? I wish that I could better help students understand that their time in law school is a luxury. It is hard work, but it also an opportunity to think deeply, expand horizons, and contemplate core questions about the way that our society functions. What sets the Haub Environmental Law Program apart? The extraordinary accomplishments of our environmental alumni, the excellence of our environmental library collection (including most especially Pace’s environmental monograph collection), and the richness of our environmental programming.
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What does some of your current work focus on? I am writing about the function of public disclosure of environmental information, generally, and, more specifically, how to design environmental labels to make them more effective. I am also involved in efforts to amend the New York State Constitution to provide for an individual right to a healthy environment, and working with the International Bar Association to develop a report on climate adaptation. Let’s talk climate change—what about this problem has led you to focus so much of your reading, writing, and teaching on it? Climate change is a “super wicked” problem, closely tied to core questions of sustainability, that presents a challenge for environmental law and policy that is unprecedented both in terms of its complexity and what is at stake. Do you have any hobbies (outside of the law) that you would like to mention? In my experience to date, working moms do not have the luxury of hobbies—ask me again in 10 years! n
Pace Law Faculty Publications (2017) PROFESSOR NOA BEN-ASHER
PROFESSOR SHELBY D. GREEN
PROFESSOR MICHAEL B. MUSHLIN
BOOK CHAPTER
ARTICLE
UPDATES & NEW EDITIONS
“Harms, Establishment and the Homosexual Question (Section Introduction),” in Religion, Law & Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen & Elizabeth Sepper eds., Cambridge University Press, 2017).
Resiliency Zoning: Drivers, Tools and Impacts, 28 Fordham Envtl. L. Rev. 41 (2017).
Rights of Prisoners (West, 5th ed. 2017).
ARTICLE
Ministers of Justice and Mass Incarceration, 30 Geo. J. Legal Ethics 301 (2017) (with Ellen Yaroshefsky).
In the Shadow of a Myth: Bargaining for SameSex Divorce, 78 Ohio St. L. J. (2017).
PROFESSOR JOHN R. NOLON PROFESSOR LISSA GRIFFIN
UPDATES & NEW EDITIONS
ARTICLE
Land Use And Sustainable Development Law: Cases and Materials (9th ed. 2017).
PROFESSOR DAVID N. CASSUTO
PROFESSOR JILL I. GROSS
OTHER WRITING
ARTICLE
The Value of Existence, 97 B.U. L. Rev. Annex 9 (2017).
The Uberization of Arbitration Clauses, 9 Arb. L. Rev. 43 (2017).
PROFESSOR KARL S. COPLAN UPDATES & NEW EDITIONS Jeffrey G. Miller, Ann Powers, Nancy Long Elder & Karl S. Coplan, Introduction to Environmental Law: Cases and Materials on Water Pollution Control (Environmental Law Institute 2d Ed. 2017).
OTHER WRITINGS Commercial Arbitration: Germany and the United States, Disp. Resol. Mag. 15 (Fall 2017) (with Christian Duve). “Negotiating in the Shadow of Forced Arbitration,” in The Negotiator’s Desk Reference (Chris Honeyman & Andrea Kupfer Schneider eds., DRI Press 2017).
OTHER WRITING How Does a Democracy Decide Scientific Facts? Scott Pruitt’s Red Team/Blue Team Climate Reality Show, Am. Coll. of Envtl. Lawyers (July 19, 2017). PROFESSOR BRIDGET J. CRAWFORD BOOK Feminist Judgments: Rewritten Tax Opinions (Cambridge University Press, 2017) (co-edited with Anthony C. Infanti). ARTICLES Tampon Taxes, Discrimination and Human Rights, 2017 Wis. L. Rev. 491 (with Carla Spivack). Using Feminist Theory to Advance Equal Justice Under Law, 17 Nev. L. J. 539 (2017) (with Linda L. Berger & Kathryn M. Stanchi).
ARTICLE Aging Injunctions and the Legacy of Institutional Reform Litigation, 70 Vanderbilt L. Rev. 167 (2017).
ARTICLE Farming and Eating, 13 J. Food L. & Policy 99 (2017). PROFESSOR NICHOLAS A. ROBINSON
PROFESSOR KATRINA FISCHER KUH
BOOK CHAPTER
OTHER WRITINGS
“For Peat’s Sake: Environmental Law Amidst the Bogs,” in Protecting Forest and Marine Biodiversity, The Role of Law (Ed Couzens et al. eds., Edward Elgar, 2017).
“The Law of Climate Change Mitigation: An Overview,” in Reference Module in Earth Systems and Environmental Sciences (Scott A. Elias ed., Elsevier 2017). N.Y. State Bar Assoc. Envtl. & Energy Law Section, Report and Recommendations Concerning Environmental Aspects of the New York State Constitution, 38 Pace L. Rev. 182 (2017) (Chair: Katrina Fischer Kuh).
Blaming Mothers: American Law and the Risks to Children’s Health (New York University Press, 2017).
Rule of Law in the Age of the Drone: Requiring Transparency and Disqualifying Clandestine Actors—the CIA and the Joint Special Operations Command, 72 U. Miami L. Rev. 34 (2017).
Constitutionalizing Ethics, 38 Pace L. Rev. 40 (2017).
PROFESSOR JASON PARKIN
Property as Prophesy: Legal Realism and the Indeterminacy of Ownership, 49 Case W. Res. J. Int’l L. 211 (2017).
ARTICLE
ARTICLE
Zoning’s Centennial: A Complete Account of the Evolution of Zoning into a Robust System of Land Use Law—1916-2016 (Part IV), 40 Zoning & Plan. L. Rep. 1 (Jan. 2017).
PROFESSOR MARGOT J. POLLANS
BOOK
Prosecution Stories (Twelve Tables Press, 2017).
The Constitutional Convention, State Interests, and Home Rule: Are Amendments Needed to Promote Equitable and Economic Growth?, 18 N.Y. Zoning L. & Prac. Rep. 1 (Sept./Oct. 2017).
ARTICLE
PROFESSOR THOMAS M. MCDONNELL
BOOK
OTHER WRITINGS
PROFESSOR JOHN A. HUMBACH
PROFESSOR LINDA C. FENTIMAN
PROFESSOR BENNETT L. GERSHMAN
John R. Nolon & Patricia E. Salkin, Land Use In A Nutshell (2d ed. 2017).
ARTICLE Updating New York’s Constitutional Environmental Rights, 38 Pace L. Rev. 151 (2017). OTHER WRITING Environmental Human Rights in New York’s Constitution, NYSBA Bar J. (Oct. 2017). PROFESSOR DARREN ROSENBLUM OTHER WRITING “The Effect of Gender Diversity on Board Decision-making,” The Conference Board Director Notes (Jan. 2017) (with Daria Roithmayr). PROFESSOR MERRIL SOBIE
PROFESSOR VANESSA H. MERTON
UPDATES & NEW EDITIONS
ARTICLE
McKinney’s Commentaries to the New York Family Court Act and portions of the Domestic Relations Law (2017).
“Your Mission, Should You Choose to Accept It . . .”: Taking Law School Mission Statements Seriously, 56 Washburn L.J. 289 (2017) (with Irene Scharf).
2017 Update to New York Family Court Practice (2d ed. 2012).
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Blaming Mothers:
American Law and the Risks to Children’s Health BY PROFESSOR LINDA C. FENTIMAN The following excerpt is from Chapter 4 of Professor Linda C. Fentiman’s book, Blaming Mothers: American Law and the Risks to Children’s Health (New York University Press 2017). TODAY, MANY AMERICAN women find themselves the subject of intense surveillance during pregnancy. Even as pregnant women happily anticipate the birth of a healthy child, families, friends, health care providers, and government officials often scrutinize their actions for behavior that could potentially risk the health of the developing fetus. Increasingly, widely held beliefs about how the “good” pregnant woman should behave have resulted in legal interventions. Physicians, nurses, and other health care providers have often “referred” their patients to law enforcement, resulting in legal interventions that include court-ordered medical treatment, involuntary civil commitment, tort liability, and even criminal prosecution. To understand this shift we have to appreciate the dynamic connections among medical, media, political, and social attitudes toward pregnancy and the perceived obligation of pregnant women to promote fetal life at all costs. Over the past four decades, coinciding roughly with the legalization of abortion accomplished by Roe v. Wade, lawmakers, criminal prosecutors, and private litigators have increasingly endeavored to hold pregnant women legally responsible for threatening or causing harm to the fetuses contained within their bodies. The ostensibly neutral principles of American law have been deployed to treat pregnant women as virtual guarantors of fetal and child health. This has eroded the well-established legal principles of in-
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formed consent to medical treatment, which is increasingly ignored in the context of pregnancy. In the name of reducing perceived risks to the fetus, courts have ordered pregnant women to submit to unwanted medical treatment, including blood transfusions and caesarean sections, bed rest and hospitalization, psychiatric care, and insulin therapy. An alarming number of pregnant women have been criminally prosecuted for allegedly risking or causing harm to the fetus, based on conduct such as choosing not to deliver by caesarean section, having accidents, or attempting suicide. Recently enacted statutes explicitly aimed at protecting fetal life have resulted in women’s basic rights being held in abeyance throughout pregnancy. Frequently, these laws have the thinly disguised goal of making abortions harder to obtain, both legally and practically. These new statutes avoid difficult legal questions about when a fetus is, or should be treated as, the legal equivalent of a child. Instead, these laws target pregnant women directly and explicitly, authorizing either criminal prosecutions or civil interventions based solely on the women’s pregnant status. The former include a broad array of fetal endangerment and fetal homicide laws that criminalize the conduct of pregnant women as well as the actions of third parties. The latter include laws that override a pregnant woman’s advance medical directive, effectively requiring her to receive medical treatment over her objection in order that her life may be prolonged long enough to deliver a viable fetus. Additional laws target pregnant women who use legal and illegal drugs, authorizing both criminal prosecution and involuntary civil commitment. How did we get to this point? Three phenomena stand out. First, over the past half- century the fetus has become much more visible, both literally and figuratively. In 1965, Swedish photographer Lennart Nils-
son published A Child Is Born, a book that displayed spellbinding images of a fetus as a human being completely separate from its mother. While the book also addressed pregnancy’s impact on the woman and her family, these two narratives—the changes in the body and life of the pregnant woman and the development of the fetus—were often divorced from one another. This disconnect was apparent in the April 30, 1965 issue of Life magazine, whose cover displayed one of Nilsson’s colorized photographs of a fetus isolated within its mother’s womb. This photograph lacked any indication that the womb was bounded by the pregnant woman’s body. In effect, the woman was erased from the public portrayal of the fetus, as was her essential role in its nurture and development. Recently visual imagery of the fetus as a separate human being has become ubiquitous, presented not only in dramatic photographs of fetal surgery, showing a tiny hand reaching outside the mother’s body, but also in images of routine fetal ultrasounds, mounted on family refrigerators and passed around to friends at baby showers. Commercial ultrasound studios offer “3D” and “4D” imagery to expectant parents, who can post the images on Facebook or enter their fetuses into online beauty pageants. These ultrasonic images have contributed to the social construction of fetal personhood, as the fetus now becomes “real” months before its birth. The political implications of this have not been lost on antiabortion activists. As the New York Times reported months before the 2016 presidential election, many Republican candidates emphasized the impact of seeing ultrasounds of their children and grandchildren, which brought home to them that these fetuses were children. The ongoing debate about whether pregnant women should be required to view sonograms of their fetuses and listen to their heartbeats before they can obtain an abortion is merely the latest round in the legal and political struggle over whether women should have any right to an abortion at all. The heightened visibility of the fetus as a separate human entity has occurred in tandem with the second factor—the increased emphasis in medical research and media discourse on the factors that affect fetal and child health. From the Middle Ages until the mid–20th century physicians and midwives treated the fetus as part of the pregnant woman’s
body, a sort of appendage that was inseparable from it until the moment of birth. English common law followed medical understandings of fetal development. Pregnancy was essentially viewed as a black box, into which were poured the magic ingredients of sperm and egg. Nothing was known about the outcome until the fetus “quickened,” and even then the exact result was not revealed until the baby’s birth nine months later. Under the common law “born-alive rule,” one could not be subject to criminal or civil liability based on actions that affected a fetus, unless it was born alive. Birth thus established a sharp “bright line” that precluded legal liability for harm that occurred prior to a child’s birth. The fetus was seen as a “’passenger’ in a woman’s body, [literally] propelled into existence through the birth ‘passage.’” American legal doctrine tracked this understanding. For example, the 1894 case of Dietrich v. Inhabitants of Northampton concerned a pregnant woman who had slipped on a public sidewalk and delivered prematurely; her four- or five-month-old fetus survived for only a short time. When the woman sued the town of Northampton, Massachusetts, seeking damages for her loss, Oliver Wendell Holmes, Jr., sitting on Massachusetts’ highest court, rejected the idea that the woman had grounds for a lawsuit. Continued on page 23
“If we are truly concerned about America’s children we must begin to demand the social, economic, and political conditions that will actually improve their well-being.”
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FACULTY Professor Alexander K.A. Greenawalt You joined Pace Law in 2006, straight from a large international law firm. Why did you transition to academia? Was being a law professor always on your radar? I think I have always been interested in academia, perhaps in part because I grew up in an academic family. I was not always planning on law as a career at all. In fact, I enrolled in a history PhD program before I went to law school. I think that being a law professor is a better match for me though, and I am glad I made the switch. What is the best part about teaching for you? So much about law school is about developing analytical skills, exploring nuanced arguments, and learning to see things from different sides. That is also true of legal practice. For me, teaching is always a learning experience, and I am constantly testing out my own responses to the complex questions that emerge from the subject matter. My favorite part of teaching is having the students join me in that endeavor, especially when they challenge me in ways that elevate the conversation far beyond what I could ever do on my own. You have focused a lot of your reading, writing, and teaching on criminal law, international law, and the laws of war—what about those areas interest you? Those topics have been part of my life for a long time. I grew up spending three to four months a year at my grandparents’ house on the beautiful coast of Croatia, back when it was part of Yugoslavia, which was then a communist country. When I was in college, Yugoslavia fell apart and there was terrible war. I am fluent in the Bosnian/Croatian/ Serbian languages, and during one of my undergraduate summers, I traveled to Bosnia to conduct research for the organization Human Rights Watch. In 1993, the United Nations established the International Criminal Tribunal for the former Yugoslavia
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“So much about law school is about developing analytical skills, exploring nuanced arguments, and learning to see things from different sides.” (“ICTY”), which tried many of those responsible for the atrocities committed in the former Yugoslavia. As a law student, I had the opportunity to spend the summer after my first year in law school interning for the ICTY Prosecutor’s office in the The Hague, Netherlands. The next summer I interned for the Legal Advisor’s Office of the U.S. State Department, where some of my work focused on the then just-ended war in Kosovo. Following my experience at the ICTY, I published a Note in the Columbia
Continued from page 21
Law Review on the law of genocide. For whatever reason, that student-written piece is by far the most cited work I have ever published! There is so much that is fascinating to me about international criminal law, and the field really exploded over the last 20 years. Because of my particular background, I was fortunate to be a part of that evolution. Let’s talk about “The Recess Appointments”—which is Pace Law’s faculty-student rock band. You are the bass guitarist. How did the name and the entire concept evolve? I’ve been playing in rock bands in New York City since I was 14 years old. Professor Jason Czarnezki plays guitar and sings, and he had the idea to form a faculty-student band to play annually on Earth Day. The name comes from the U.S. Constitution. When the Senate is in recess, the President has the power all by himself to appoint government officials who would normally require Senate confirmation. The name also reminds me a little of the The Replacements, which are one of my favorite rock bands. I think the name appeared on a list that Professor Czarnezki put together, and I thought it was the obvious choice! Other than music, what interests you outside of the law? I do play a lot of music outside the Recess Appointments, I love spending time with my family, and I love to go skiing whenever I can. Both of my kids are now ski racers, which is especially impressive to me considering that I was just learning at their age. What do you wish law students would realize sooner rather than later? Three years go by very quickly, and it is never too soon to start planning a career path. At the same time, it is important to take some classes that are of intellectual interest to you whether or not they connect to your chosen career path—after all, how many times in life will you have the chance to do that again? n
Justice Holmes observed that no American court had recognized a cause of action for prenatal harm, because “the unborn child was a part of the mother at the time of the injury”; thus only physical harm suffered by the mother herself was legally compensable. This was the prevailing view in the United States until 1946, when, in a medical malpractice case, Bonbrest v. Kotz, a Washington D.C. court ruled that a child born alive could sue third parties for injuries allegedly suffered when it was a viable fetus. Courts around the country rapidly accepted this view. Developments in medical technology encouraged physicians to follow suit, and today’s obstetricians see themselves as taking care of two patients: the mother and the child-to-be-born. This view began to emerge in the late 1950s. At that time, researchers were trying to identify fetuses at risk for oxygen deprivation, with accompanying brain damage; they developed electronic fetal monitoring in a quest to identify appropriate occasions for intervening during labor. Unfortunately, electronic fetal monitoring (EFM) has proved to be quite imprecise in identifying fetuses actually likely to be deprived of oxygen; EFM has an extremely high false-positive rate—50 percent. It has, however, led to an enormous increase in the incidence of caesarean sections. The concern that a baby is too large to be delivered vaginally has similarly contributed to the rise in C-sections, even though most of the predictions of big babies turn out to be erroneous. The rate of C-sections rose from less than 3 percent in the 1930s to just fewer than 5 percent in the mid-1960s and has climbed steadily since. Today almost one-third of American babies are delivered via C-section. Worldwide rates are lower, but still much higher than in previous decades. Where does this confluence of politics, shifting legal thought, and new medical technology leave us? Today, the notion of a fetus as a being separate from its mother, enshrined in both the legal and popular mindset, has been used as a weapon by abortion foes intent on denying women sovereignty over their bodies. It has also encouraged actors in law and medicine to view women as the sole factor in their children’s health. One thing it has decidedly not led to is healthier children. If we are truly concerned about America’s children we must begin to demand the social, economic, and political conditions that will actually improve their well-being. This can be done without sacrificing the rights of their mothers. n This particular excerpt was previously published in an article entitled Women As Incubators: How U.S. Law Dehumanizes Pregnant Women on April 12, 2017 on the website Broadly, it can be found at https://broadly.vice.com/en_us/article/d3gpwz/women-incubators-us-law-criminalizes-pregnant-women.
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Is the Defendant Innocent? BY PROFESSOR BENNETT L. GERSHMAN The following excerpt is from Chapter Ten of Professor Bennett L. Gershman’s book, Prosecution Stories (Twelve Tables Press, 2017). YEARS AGO, when I became a prosecutor, I was trained to believe that you never put a defendant to trial unless you were personally convinced of his guilt. This was the accepted ethos in my office and, I assumed, of prosecutors’ offices generally. I never questioned that precept. But how does a prosecutor attain that level of confidence? What kind or degree of proof establishes confidence in a finding of guilt? Proof is so varied, quantitatively and qualitatively. Prosecutors may try to behave fairly but the proof is often ambiguous; there is never certainty. I had an opportunity to test the precept some years later when I prepared to go to trial in a robbery
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case. The defendant, a twenty-four-year-old black man, was accused of robbing a seventy-year-old white man at gunpoint in the vestibule of a Manhattan housing project. The complainant identified the defendant form a photograph and later picked him out from a lineup containing three other people, one of whom was a police officer known to the complainant. There was no other evidence. In preparing the case for trial, I learned that the defendant had been getting into trouble ever since he had dropped out of high school. He had been arrested several times but the charges had been dropped. He had acquired a reputation with the Housing Police who frequently picked him up for questioning. He had been convicted of a robbery two years earlier and had served six months in prison. Several days after he came home, the Housing Police picked him up again in connection with the present robbery. He had been in jail for the past fourteen months awaiting trial. The reliability of the victim’s identification was the central problem in the case. In addition to the questionable lineup, the complainant’s initial description of the defendant—he told the police that his assailant was about five feet eight inches tall—differed markedly from the defendant’s actual height of six feet two inches. I interviewed the complainant and questioned him closely. He was an intelligent man who gave a convincing account of the event. A jury, I thought, would probably believe him. I went to the vestibule where the crime occurred; it was well-lit, a circumstance supporting the accuracy of his identification. I talked to the janitor who had initially called the police and to several tenants. I learned nothing useful. The defendant’s lawyer protested his client’s innocence, but offered no alibi. I had always found this lawyer to be professional and trustworthy. He asked, and I agreed, to have his client take a lie-detector test. He passed. On the day before the trial, I asked the complainant to come to my office. I had spread out on my
desk about twenty photographs the police officer gave me of similarly appearing males. I did not know it at the time but the spread included two photographs of the defendant. I left my office, asking the complainant to examine the photographs carefully and pick out the man who robbed him. When I returned five minutes later, he had selected a photograph of someone else; he was sure that was the person. I asked him to do it again. Again he picked out someone else. I thanked him. I explained to him that I could not prosecute the case. As I recall, he seemed to understand. My bureau chief concurred. I prepared a motion to dismiss, which the judge, expressing some reluctance, granted. At the time, the idea that prosecutors charged individuals who were actually innocent and that juries convicted them had not yet gained national attention. Some prosecutors back then ridiculed the claim that innocent persons ever got convicted. Legendary judge Learned Hand famously called the notion that an innocent person could be convicted “an unreal dream.” Truth is elusive, and a jury’s guilty verdict is not easily disproved. Today, Hand’s remark appears naïve, even nonsensical. As I am writing this, the National Registry of Exonerations just reported its 2,092nd exoneree, which means an aggregate of 18,060 years of innocent persons lost in prison. Many observers believe that the number of individuals officially declared to have been wrongfully convicted is just the tip of the metaphorical iceberg. Although the judge and a few of my colleagues were uncertain about it, and although I often reflect on it, there is no question that I did the right thing. If I allowed the case to go to trial, there is a good chance the jury would have convicted, especially if the complainant made a confident courtroom identification of the defendant. Of course, the idealized conception of the role of a prosecutor is to serve justice, convict the guilty, and free the innocent. We may assume that any responsible prosecutor standing in my shoes would have done the same thing. I hope that’s right, but I’m not sure. As I was learning how to become a responsible prosecutor, I was always conscious about what a prosecutor is supposed to do when he or she believes, or even suspects, that a defendant may be innocent. Is it the prosecutor’s job to make a personal evaluation of the truth? If so, to what level of confidence must the prosecutor aspire? Or is that the jury’s function only? Some of my colleagues took the “agnostic” position, arguing that even the most conscientious prosecutor could never rationally make the “extrajudicial judgement” that a seemingly reliable witness—and I am assuming that such a person is a witness with no motive to lie, as in my case above—may be unreliable. According to several of my colleagues, the prosecutor’s duty is satisfied if the prosecutor alerts the court and defense counsel of
the infirmities in his or her case such as questionable physical evidence or defects in a witness’s credibility. I don’t agree with that approach. To me, a prosecutor is a gatekeeper of justice whose most critical responsibility is to cull from the heavy volume of prosecutable cases, those cases that raise serious doubts about a defendant’s guilt. What are those cases that raise serious doubts of a defendant’s guilt? I am thinking of cases that hinge on the testimony of eyewitnesses, children, police officers, and cooperating witnesses. With additional independent evidence to corroborate the testimony of these witnesses, a prosecutor’s evaluation of the truth of a case is obviously strengthened, but without some other evidence, a prosecutor’s reliance on the testimony of these witnesses alone is very risky. It was well-known before the advent of DNA evidence that eyewitnesses are often mistaken, confessions are sometimes false, children do fabricate, and informants are known to lie. Today, with advances in science and technology and greater scrutiny by prosecutors, the credibility of all these witnesses is more closely scrutinized. I prosecuted several close cases and got convictions. I know in these cases there was the possibility that the defendant was innocent. There is always that risk, but careful preparation, the acquisition of corroborating evidence, a prosecutor’s own intuition, and sound judgment are guideposts to making a safe and responsible decision on whether to prosecute. n
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EVENTS 2017 Annual Law Leadership Awards Dinner The 2017 Law Leadership Awards Dinner, held on March 8, 2017, was a wonderful evening, which celebrated the accomplishments of our honorees, Chief Judge Janet DiFiore and Professor Emeritus Jay C. Carlisle II. In attendance were over 250 individuals, including alumni, legal academics, lawyers, and judges, as well as Law School faculty and staff. The evening was a resounding success as it brought together the Elisabeth Haub School of Law community. Proceeds from the event will benefit student scholarships, making a lasting impact.
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P.L.A.N. The Pace Law Alumni Network is an independent group of Pace Law graduates dedicated to helping other alumni by creating networking opportunities. The brainchild of Mark Meeker (Dec. ’09), P.L.A.N. has been hosting quarterly networking events since 2011 and currently alternates between venues in Manhattan and White Plains. In 2017, events were held in January, May, August, and October.
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EVENTS “Feminist Alumnae Come Back to the Classroom” On March 6, 2017, Professor Bridget Crawford hosted the first-ever “Feminist Alumnae Come Back to the Classroom” event, featuring two alumnae guest speakers who attended and led a discussion in her Feminist Legal Theory seminar. Christina Ciaramella D’Elia ’05 and Amanda Kissel ’09 shard their experiences as practicing attorneys and explored with the students different strategies that women and men can use to combat sexism in the workplace. In advance of the seminar, the students and guest speakers each read a scholarly article about women’s experience of sexism in the legal profession, in order to ground the conversation.
Nicholas Robinson Award for Distinguished Environmental Achievement The Pace Environmental Law Alumni Association presented Marc Yaggi ’97 and Dan Estrin ’93 with the 2017 Nicholas Robinson Award for Distinguished Environmental Achievement, recognizing environmental achievement, support for the law school and its students and alumni, and embodiment of the spirit of the inimitable Professor Nicholas A. Robinson.
Pace Law Alumni Admitted to the Bar of the Supreme Court On March 28, 2017, twelve Pace Law alumni were admitted to the bar of the Supreme Court of the United States. The Board of Directors of the Alumni Association coordinated, and Joseph W. Mazel, Esq. ’97 oversaw all aspects of the admission ceremony process. With the assistance of Michael A. Calandra, Jr., Esq. ’05, the Law School hosted a reception for inductees and their guests on the evening of March 27, 2017 in the Washington, D.C. office of Alston & Bird LLP.
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Ernestine C. Bartlett, Esq. ’81 Reception The Annual Ernestine C. Bartlett, Esq. ’81 Reception was held on Thursday, November 9, 2017. Ernestine Bartlett was the first African American woman to graduate from Pace Law. At this year’s reception, Judge Patsy Goldbourne ’93 was honored. Numerous faculty members, students, and alumni were in attendance, including Ernestine Bartlett’s son, Mayo Bartlett ’92. Additionally, students from BLSA had a remembrance in recognition of U.S. Supreme Court Justice Thurgood Marshall.
Tax Alumni Return to Pace Law On Monday, October 9, 2017, Professor Bridget Crawford hosted five alumni in her Federal Income Tax class. The returning alumni were Jessica Steinberg Albin ’07, Allison Cappella ’09, Jeffrey A. Kerman ’05, Jared Malman ’06, and Joseph Vinciguerra ’07. All of the alumni either practice tax law or have engaged in tax-adjacent work. During the class, the alumni spoke to students about their career paths after law school, what they wished they knew at the beginning of their careers, hot topics in their area of expertise, and more. In advance of the program, both the students and alumni prepared by reading a selection of relevant book excerpts and articles.
2017 Pace Law Reunion On November 3, 2017, Pace Law’s Reunion was held. All graduating classes were invited to celebrate, with a special recognition to the classes of 1982, 1987, 1992, 1997, 2002, 2007, and 2017. Prior to the reunion, Professor Bennett Gershman performed in his amazing one-man show Clarence Darrow. Students, faculty, staff, and alumni packed the house to see the play. Save the Date for the 2018 Law School Reunion, which will be held on Saturday, October 13 – all classes are invited to attend, with a special recognition to the classes of 1983, 1988, 1993, 1998, 2003, 2008, 2013, and 2018.
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CLASS NOTES 1979 Emily Constant succeeded Thomas Spota as Suffolk County District Attorney.
1980
George Oros was named Westchester County’s Director of Economic Development.
1982
Joan Murray was nominated to the Tax Court by Governor Chris Christie and confirmed to serve as the new Tax Court judge by the New Jersey Senate on Thursday, December 7, 2017. John J. Rapisardi, a partner with O’Melveny & Myers, was featured as a Distinguished Leader 2017 in the New York Law Journal.
1983 V. Gerard Comizio has joined Frank, Harris, Shriver & Jacobson LLP as a partner in the Corporate Department. Cynthia Exner joined Ventura Law as an of-counsel attorney. She maintains her principal office for the practice of immigration law in Danbury.
Philip M. Halpern was honored at the Legal Services of the Hudson Valley’s 2017 Equal Access to Justice Dinner. Martin Hersh was elected Chair of the New York State Bar Association’s Elder Law and Special Needs Section for the one year term beginning June 1, 2017. Martin has his own firm, The Law Offices of Martin Hersh, Esq. located in Liberty, NY. It is a boutique law office concentrating in the areas of Elder Law and Estate Planning.
1981
Judge William W. Haury received an award from the Broward County Bar Association for professionalism.
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Elizabeth Cronin was reappointed by the Governor Andrew Cuomo to a second 3-year term as Director of the NYS Office of Victim Services. The Office provides financial compensation to innocent victims of violent crime, and funds over 200 community based victim assistance providers.
1984
Laura Barbieri was appointed Chair of the Education and the Law Committee, which is a Standing Committee of the New York City Bar Association. She notes that she is very much enjoying working with a fine group of lawyers, including Pace Law’s own Professor Carlisle. Anne C. Gilmartin w as named to the Board of Directors of The Westchester Institute for Human Development (WIHD). Lisa Linsky was presented with the 2017 Community Impact Award by the LGBT Community Center of NYC.
1985
Thomas H. Welby, P .E., Esq., ’85, has received the Chair’s Award from the Construction Management Association of America. The award was given in recognition of Mr. Welby’s service as CMAA’s representative to the National Construction Dispute Resolution Committee, and the American Arbitration Association. Thomas is a partner with Welby, Brady & Greenblatt, LLP and an Adjunct Professor of Law (Construction Law) at the Elisabeth Haub School of Law.
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Elizabeth Cronin ’83 We asked 3L Ryan Memoli to interview Elizabeth Cronin ’83, Director of the Office of Victim Services. Prior to this, Ms. Cronin spent time as a Special Victims Prosecutor in the Westchester County District Attorney’s Office. She was also the Director with the Office of Legal Affairs for the Second Circuit. RM: Thank you for taking the time to speak with me. To begin, did you always want to attend law school? EC: Since Kindergarten! Becoming a lawyer always fascinated me. I attended Fairfield University as a politics major. And, prior to law school, I interned in D.C. at the Justice Department and National League of Cities. I also worked at the Connecticut Conference of Municipalities, and spent time working at a private firm. Any opportunity I had to work in a legal arena, I was there. RM: What is about the law that attracts you? EC: You can take two sides of the same issue and argue it equally convincingly. Law pushes you to think about and analyze issues in a way you would not have otherwise. It forces you to think about other people and the positions they are taking. It is a great skill to be able to think about what my opponent is thinking and how they will handle the evidence and represent it to the trier of fact. RM: Do you remember your first day as a student at Pace Law? EC: Yes, I had seen the movie The Paper Chase and found it an intimidating representation. I was worried about keeping up with reading and answering hard questions. The prospect of one test for the whole semester was very intimidating to me as well. However, I was pleasantly surprised— I found the atmosphere very collegial. Everyone worked together and the professors were there to make sure you succeeded. RM: What helped you “get through” law school? EC: In general, throughout my time at Pace, I stayed active and involved. I organized a 5K called the Race Judicata, I participated in trial teams, moot court, I was an ABA representative,
ALUMNI PROFILE
and I had a core group of people that I could study with during school hours then have fun, and relax with afterwards. I used my various involvements to explore different practice areas and get to know different people. RM: Do you keep in touch with any other Pace Law alumni? EC: Absolutely. A group of us meets regularly at various Pace events. Lou Fasulo, who is an adjunct and in charge of advocacy and moot court programs at Pace Law, was my study partner for the bar exam. He is one of a kind—an excellent teacher, lawyer, and businessperson. RM: Which Pace Law professor sticks out in your mind? EC: Professor Jay Carlisle. He was my civil procedure professor and what was exceptional about him was that he took a deadly subject and made it humorous and not as daunting as it could have been. And, Professor Don Doernberg. I took him for federal courts because I enjoyed his teaching style; he was funny, approachable, and smart. RM: Currently, you are the Director of the Office of Victim Services – can you talk about your background prior to this and, also, what your office does? EC: Sure. My office is a state level agency that provides compensation for innocent victims of crime. We also fund victim services around the state, in addition to reimbursing crime victims for crime scene cleanup, burial, relocation, domestic violence shelters, rape exams, and many more things. My office also makes sure people know what is available. Really, we provide as much resources and support as we can. I came to this job after being a Special Victims Prosecutor in the Westchester County District Attorney’s Office. I was also the Director with the Office of Legal Affairs for the Second Circuit for 13 years. After the Second Circuit, I missed the field and the work so I jumped at the opportunity to work with the Office of Victim Services. RM: What do you love about your job? EC: We have the opportunity to be incredibly creative. The reach of the organization has expanded exponentially over the past four years. I am constantly inspired every day to do better. I
remind my staff often, “We do great work we can always do better.” I consistently try to identify people who are not coming to my office for services, the underserved populations. I actively try to determine who these populations are and why they are not reporting crimes or not seeking help from the office. I love that I am in a position where I can continually seek out new ways to help people. RM: Do you have advice for law students? EC: Don’t take yourself too seriously. Continue to have fun. What you choose when you graduate does not have to be the thing you do forever. It may be, but it may take a while to find true north and that is okay. You may not get your dream job walking out the door, but you need to put together a skill package from all your experiences so when that dream job is in front of you, you can walk into it. The job I have now, I didn’t know it, but I was preparing for it my whole career. There is no rush, enjoy each thing you learn because each one of them is valuable. RM: What are your passions aside from law? EC: Volunteering when I have time. I also like outdoor activities, skiing, hiking, and traveling. Ryan Memoli is a 3L at Pace Law. He is Vice President of the Student Bar Association, an Articles Editor for Pace Law Review, and a Pro Bono Scholar. He plans to practice criminal law after graduation.
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CLASS NOTES Pace Law Alumni Association Board of Directors OFFICERS
Lisa E. Gladwell, Esq. ’10
Mark Meeker, Esq. Dec. ’09 Alumni Association President
Michael T. Goldstein, MD, Esq. ’06
Hon. Carole Princer Levy, ’83 Alumni Association Vice President Adam Ciffone, Esq. ’11 Alumni Association Secretary
Jennifer L. Gray, Esq. ’06
Robert E. Lytle was installed as the 2017 President of the Mercer County Bar Association (MCBA). He is a partner with Szaferman, Lakind, Blumstein & Blader, P.C.
1994
Marc Ehrlich joined TiVo as senior vice president of patent strategy.
David Haimi, Esq. ’12 Mary Clare Haskins, Esq. ’08
Gregory J. McDonald was selected for inclusion in The Best Lawyers in America® 2018. He is an attorney with Bond, Schoeneck & King PLLC.
Adele Lerman Janow, Esq. ’90 Michael LaMagna, Esq. ’07 James M. Lenihan, Esq. ’91
MEMBERS
Caesar Lopez, Esq. ’12
Patricia Bisesto, Esq. ’92
Joseph M. Martin, Esq. ’91
Michael A. Calandra Jr., Esq. ’05
Joseph W. Mazel, Esq. ’97
Jonathan Engel, Esq. ’09
Raymond Perez, Esq. ’00
Hon. Sandra A. Forster ‘79
Christopher M. Psihoules, Esq. ’12
Michael A. Frankel, Esq. ’03
Joseph Ruhl, Esq. ’90
James A. Garvey III, Esq. ’80
Judson K. Siebert, Esq. ’85
Michael G. Gilberg, Esq. ’07
Andrew Teodorescu, Esq. ’13
1986
1990
The Honorable Angela G. Iannacci was appointed to the Appellate Division Second Department by Governor Cuomo.
Richard A. Rosenzweig opened his own practice, Richard A. Rosenzweig Esq. P.C., representing commercial/business owners and property owners in various types of litigation.
1989
Nancy Grasso Barry was made the District Executive of the Ninth Judicial District (Westchester, Putnam, Orange, Rockland, and Dutchess Counties). Formerly, she was the Chief Clerk of Westchester Supreme and County Courts. Her responsibilities now include the management of court operations for all Supreme, County Family, Surrogate and City Courts in the 9th JD. Karen Mignone was appointed as Group Director, Sustainability and Environmental Affairs with Xeros Technology Group. Lynn Weinig was named Special Counsel at Windels Marx LLP, a Manhattan-based firm with more than 145 lawyers. She will be Special Counsel to the firm’s real estate and public finance practices in the New York office.
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1991
Amy F. Botwinick Divino received the 2017 Lawyer Monthly’s Women In Law Award.
1992
Maya van Rossum is currently the head of the Delaware Riverkeeper Network, and is also the author of a book: The Green Amendment.
1993
Robert M. Leff l aunched Black Marjieh Leff & Sanford LLP (BMLS), a full-service metro New York-based law firm.
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1996 Christopher B. Fisher was appointed Managing Partner at Cuddy & Feder LLP. Chris joined Cuddy & Feder in 1994 and was named a Partner in 1999.
Jawad Hassan (LLM) is a Judge in Pakistan (Lahore High Court). A law school in Pakistan, Nadira Hassan Law Department, was named after his late mother, Nadira Hassan. Judge Hassan was nominated by the Chief Justice to speak at the International Symposium on Judicial Protection of Biodiversity, which was organized by the Supreme People’s Court of China. Seth M. Mandelbaum, a partner in the law firm of at McCullough, Goldberger and Staudt, LLP in White Plains, was a moderator during the Westchester County Association Real Estate Summit, Transforming Westchester: From Innovative Planning to Regulatory Streamlining, which was held in May 2017.
Leanne Murray Shofi joined Cuddy & Feder LLP as Special Counsel to the Litigation and Appellate Practice Group.
1995
Timothy Cox was re-elected to his fourth term as town justice in the Town of Olive, Ulster County, NY. He was first elected in 2005. He also spent the past year serving as President of the Ulster County Magistrates Association. In 2017, he also served on a task force in the New York State Bar Association environmental law section examining constitutional convention issues. Tim remains Corporate Counsel for the Catskill Watershed Corporation in Margaretville, NY concentrating on NYC Watershed matters. He lives in Shokan, NY with his wife Rebecca Balzac (’94) and their two children.
1998
Peter Tambini h elped achieve a very successful verdict for his clients with his law firm, Weitz & Luxenberg P.C. The jury awarded the firm’s clients “a $75 million verdict after decades of asbestos exposure” leading to the client’s mesothelioma. Bruce J. Walker w as nominated to serve within the President’s administration as Assistant Secretary of Energy, Electricity, Delivery and Energy Reliability.
1999
Kerri L. Alessi was named counsel at Patterson Belknap Webb & Tyler LLP.
IN MEMORIAM John R. Massaroni ’79 passed away on February 15, 2017. He was a successful attorney. He was an active member of the Sons of Italy local lodge #321 and the Italian American Bar Association. John was also passionate about acting and cooking. Christopher Bergin ’81 died on November 22. Mr. Bergin was president and publisher of Tax Analysts. John G. Nevius ’96 died on August 12, 2017. John was an equity shareholder in Anderson Kill, P.C.’s insurance recovery group and founding Chair of the firm’s environmental Law Group. He was a long-time adjunct at Pace Law and a dedicated alumnus—having received his law degree with a certificate in environmental law in 1996. Professor Nick Robinson notes, “John Nevius was not only a fine alumnus, but devoted himself to providing our teaching of insurance law. He was a wonderful individual and will be missed. Many of our more recent grads today work in environmental risk management for insurance firms, and in this age of the Anthropocene, with impacts of climate change, this is a realistically a ‘growth’ area for the practice of environmental law and building resilience in our society to cope. He led the way.” Alexander Gastman ’11 passed away on October 19, 2017. Alex is remembered as a vital member of our
Matthew E. Brotmann i s now principal attorney with the New York Power Authority. Martin C. Geagan became a Litigation partner at Winston & Strawn LLP.
Luis Rivera joined Sterling National Bank’s Attorney Services Group as Vice President and Associate Managing Director.
Hiroko Muraki Gottleib w as named to the Permanent Mission of the International Chamber of Commerce to the United Nations.
John Scroope was appointed Managing Director, Northeast Regional Leader by Risk Strategies Company. He will manage its New England regional operations and lead the company’s corporate headquarters office in Boston.
2000
2001
Stephen Riccardulli j oined the law firm of Buchanan Ingersoll & Rooney PC.
In October 2016, after nearly ten years as an Assistant United States Attorney with the United States Attorney’s Office—District of New Jersey, alumnus Joseph Mack joined Bayer U.S. as Senior Compliance Counsel. He also received a BBA/Public Accounting from the Lubin School of Business in ’98. Kelly Turturro was appointed to the position of Regional Director for the Department of Environmental Conservation’s Region 3.
Law School community. He was former co-chair of the Advocacy Board, former moot court and trial team member, former student attorney at John Jay Legal Services and current mentor-coach of Pace Advocacy Teams. Alex received his J.D. from Pace University School of Law, cum laude, where he was an editor on the Environmental Law Review, headed up the Moot Court and Mock Trial Board, and represented Pace in many trial and appellate competition throughout the country. During his third and final year, under a student practice order, Alex was selected to serve as an active criminal practitioner helping individuals in Bronx County charged with misdemeanors and violations. He also served as a research assistant for Dean Emeritus Richard Ottinger, and worked in the Energy Center. At the time of his passing, Alex was a successful litigation associate at Anderson Dodson and former member (of counselor) to the firm Fasulo Braverman and DiMaggio. A New York native, Alex was a committed Brooklynite who studied at Horace Mann before venturing cross country to the University of California-Santa Cruz for undergraduate study. He loved to travel and experience cultures from around the world. He was proud to have traveled to all seven continents—including Antarctica. He is survived by his mother, Debra, and his new wife and longtime friend and partner, Shawna Rosen.
2002
“commercial real estate services for corporations and investors across the globe that save money, increase productivity and improve sustainability.”
2003
In February 2015, Karyllan Mack ’03, left her partnership at K&L Gates and joined BASF and is now Senior Counsel there.
John Bandler has a new book out titled Cybersecurity for the Home and Office: The Lawyer’s Guide to Take Charge of Your Own Information Security published by the American Bar Association. On October 6, he spoke at “CyberStorm: Cybersecurity in Business Conference” at Pace University Pleasantville. He also was a panelist on Thursday, October 26, at a CLE held at Pace Law: “Cybersecurity for Lawyers: Protecting Yourself, Your Clients, and Others from Cybercrime and Privacy Threats.” Frank Recine was hired as an executive managing director with JLL (Jones Lang LaSalle, IP, Inc.). JLL provides
2005
Nicole Harkin released her book Tilting: A Memoir.
Robert A. Stout, Jr. w as named partner at Whiteman Osterman & Hanna LLP.
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CLASS NOTES
Spotlight on LLM/SJD Graduates Dr. Mingde Cao
professor at the China University of Political Science and Law (CUPL). As a leading China environmental Dr. Mingde Cao was recently awarded his doctoral scholar, he participated in the drafting of the revised (SJD) degree in Environmental Law by the Elisathe major 2014 amendment of China’s Environmental beth Haub School of Law at Pace University. He Protection Law. He noted that this law was a major was also presented with the Françoise Burhenneadvancement in China’s legal efforts to promote enviGuilmin Award for Merit. He received this honor ronmental protection. due to the excellence of his thesis, A Comparative Professor Cao was a recipient of the China Law Study of Carbon Emission Reduction Systems. Dean Society Award to the Ten Most Distinguished Law Emeritus Richard Ottinger notes that “Mingde’s Professors in 2006. He has made significant scientific thesis incorporated original research methods and contributions through his research and publications was extremely thorough and insightful.” After the throughout his career, specifically focused on carbon defense of his thesis, the Law School’s SJD Faculty emissions, the environment, the ecological sysCommittee conferred on him the degree of Doctor tem, climate protection, protecting wildlife, climate of Juridical Sciences and he was officially welcomed change, and more. He has published three books, two as an alumnus. textbooks, and over 100 academic pieces. Currently, Professor Cao is an environmental law Before completing his SJD degree at Pace, Professor Cao was a visiting scholar at the Law School from 2005-2006. He was also a visiting scholar at Faculty of Law University of British Columbia, and received his LLM from Vermont Law School. He was the Vice President of the China Association of Environmental Resources Law Research, Vice President of the Environmental Law Branch of the Chinese Society for Environmental Sciences, Director of Climate Change and Natural Resources Law Research Center of CUPL, and a legal expert of All China Environment Federation (ACEF). Professor Cao notes that, “My studies during the course of obtaining my SJD at Pace Law were extremely interesting and valuable. What I learned at Pace will contribute immensely to my current and future Professor Katrina Fischer Kuh, Dr. Mingde Cao, Dean Emeritus Richard L. Ottinger, and research and advocacy in favor of enProfessor Nicholas A. Robinson vironmental law.”
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Maria Antonia Tigre Maria Antonia Tigre, a Pace Law LLM graduate (’14), Pace Law SJD candidate, and Senior Environmental Attorney at the Cyrus R. Vance Center for International Justice, recently published her book Regional Cooperation in Amazonia: A Comparative Environmental Law Analysis, which provides a broad overview of the international, regional, and national laws applied to the Amazon rainforest and investigates efforts at regional cooperation for the protection of the Amazonian ecosystem, including an in-depth analysis of the Amazon Cooperation Treaty Organization (ACTO). Learning about comparative environmental law from Professor Nicholas Robinson, Ms. Tigre discovered how the field can be “fascinating,” as different countries find different legal alternatives to similar problems, especially in a shared ecosystem such as the Amazon rainforest. Ms. Tigre started her career in Brazil, where she worked in a boutique environmental law firm. She then advised infrastructure companies on environmental impact assessments, permitting procedures and environmental due diligences. Wanting to take her studies further, Ms. Tigre applied and was accepted into Pace Law’s LLM program. She graduated magna cum laude with an LLM in Environmental Law and also an LLM in Comparative Legal Studies. Through Pace’s Environmental Diplomacy Practicum, she interned with the United Nations. She was assigned to the Mission of Saint Kitts and Nevis and focused on the impact of climate change on small island states. After graduation, Ms. Tigre had a fellowship with the World Resources Institute, where she developed a toolkit for good governance in cities in developing countries, such as her hometown of Rio de Janeiro. As a senior attorney at the Environment Program at the Cyrus R. Vance Center for International Justice, Ms. Tigre provides pro bono legal support to environmental NGOs across the globe. Ms. Tigre is currently pursuing her SJD in Environmental Law at Pace. “I cannot overstate the usefulness of Pace’s LLM and SJD programs. The curriculum has made me a better attorney and in turn, a better advocate for my clients. In addition, it has made me an improved scholar in terms of research, writing, and teaching. As my supervisor both in my LLM and SJD thesis, Professor Robinson has been instrumental in helping me shape
Maria Antonia Tigre (LLM ’14)
“The curriculum has made me a better attorney and in turn, a better advocate for my clients.” my career in the U.S., and his support was paramount in publishing my first book.” Other recent publications of Ms. Tigre’s include an article entitled Cooperation for Climate Mitigation in Amazonia: Brazil’s Emerging Role as a Regional Leader in the Transnational Environmental Law (TEL) journal published by Cambridge University Press and a book chapter about the Dutch Urgenda Case, entitled “Trends in Climate Justice Litigation: The Dutch Case and Global Repercussions” in Climate Justice: Case Studies in Global Regional Governance Challenges. n
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Lisa A. Linsky ’84 We asked 3L Kristyn Francese to interview Lisa A. Linsky ’84, partner at McDermott Will & Emery. Ms. Linsky was McDermott’s first partnerin-charge of Firm-wide Diversity and Inclusion and partner-in-charge of the Lesbian, Gay, Bisexual and Transgender (LGBT) Diversity and Inclusion Committee, which she created and chaired. Ms. Linsky currently serves on the Firm’s Pro Bono and Community Service Committee. KF: Thank you for taking the time to speak with me. Let us start with your background and when you “figured out” you wanted to attend law school and become a lawyer. LL: Sure. I got the “calling”, as I like to say, in 8th grade. True story, I was in middle school in Philadelphia where I grew up, and was walking down the hall one day when God parted the sky and said to me, “Lisa, you’re going to be a lawyer.” The precipitating event to that moment involved a peer who had approached me that same day after chemistry class. He said he needed some advice and I was happy to listen. He proceeded to tell me an unfortunate story about his home life and asked me what to do. I recall at that moment thinking, “Wow, I wonder why he chose me?” Apparently, my classmate saw something in me that made him feel like I would offer sound advice and guidance to him. Right after that exchange, I realized, “I’m going to go to law school and become a lawyer.” KF: And, how did you choose Pace Law? LL: My college roommate was the person who told me about Pace Law. She was a Westchester County resident. My original plan was to remain in the Philly area. My roommate suggested I come to Westchester to visit Pace, which was a new school and described as “cutting edge.” I took her up on the offer and toured the school, met with the admissions staff, and I was impressed. I liked the fact that it was a small academic community; it seemed very nurturing and welcoming. It did not feel intimidating like some of the other schools I had visited. I also liked the proximity to the county courthouse and New York City. KF: After law school, you went to the Westchester County DA’s Office. Can you talk about that? LL: I was an Assistant District Attorney with the
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Westchester County District Attorney’s Office for over 16 years—from 1984 until late 2000. When I started at the office, all Assistant DAs were initially staffed in the Motions and Appeals Division so we could understand the law from the appellate side of the practice, and learn the pitfalls to avoid as trial lawyers. From there, I was moved to the Local Court Division. I learned how to try cases during that time as I was assigned my own docket of cases and courts to manage. While I was in the Local Court Bureau, I heard about an opportunity for a child abuse prosecutor in the Domestic Violence Unit. Jeanine Pirro had started the unit as one of the first in the Country. I was selected to fill the position and it was in what later became the Special Prosecutions Division that I made my home for the remainder of my career with the Westchester County District Attorney’s Office. It was challenging, and exciting to create this new position and to help build the Division. It was early in my career and I was already trying felony cases, which was invaluable experience. The time spent in the DA’s Office provided me with opportunities for professional growth and personal fulfillment. The work that my colleagues and I did really mattered as we were helping some of the County’s most vulnerable residents. And out of that experience, I met some of my best friends who have remained with me all these years. KF: Now you are a Partner at McDermott Will & Emery. What is it like being a litigator at an international law firm? LL: As a litigator, you have the opportunity to constantly reinvent and recreate yourself, while expanding your knowledge base. Many litigators are generalists, though there are attorneys who choose to specialize in areas such as health, IP and white-collar litigation, for example. I like being a generalist because it gives me the flexibility to take on a variety of cases, including complex commercial and civil rights cases, and trusts and estates litigation. What I have learned from practicing law for over 30 years is that I can go into any courtroom, anywhere, and never be afraid to speak up. As an experienced prosecutor, I have the tools and confidence to know that I can address a judge and jury, and it feels very natural for me to be in the courtroom. KF: Can you speak about your development of the LGBT diversity program at McDermott? LL: In 2005, McDermott had already established a
Gender Diversity Committee focused on advancing the careers of women at the firm, and a Racial and Ethnic Diversity Committee, focused on advancing the careers of racially and ethnically diverse attorneys. It was during a summer associate presentation that the chairs of these two committees were speaking with the summer associates and started taking questions about LGBT lawyers—“Were there any gay lawyers at McDermott?”, “Were there any openly gay lawyers?”, “Were there any out partners?”, etc.? As a result of this discussion, our diversity committee chairs spoke with firm management and suggested that the firm start an LGBT program. Lucky for me, one of my New York partners who knew me very well and was a member of the other diversity committees volunteered me to lead the LGBT initiative. KF: And, the rest is history? LL: Ha! I suppose it is. The diversity work I have done at McDermott has been a labor of love. I am a public servant at heart. I spent 16 years as a public prosecutor and was very happy in that role. I felt like what I did as a lawyer had an impact—it was why I went to law school, to make a difference, to help people. And when you leave the government to enter private practice, while you’re of course helping your clients, the focus is different. In private practice, the emphasis is on learning the clients’ businesses and becoming a partner to and trusted advisor for them. It is often about getting
the best business outcome and financial results. Giving back is part of my DNA so it was important that I found another way to contribute to my firm and the broader communities we serve, in addition to my client work. Developing McDermott’s LGBT program was one of the best things I have done in my career. This work has helped to establish a more informed and inclusive law firm and distinguished McDermott as a leader in LGBT workplace diversity and inclusion. We were one of the first large firms to undertake this type of diversity program and we did it in a comprehensive way by touching LGBT business and legal communities and the broader LGBT community. McDermott is a sponsor of organizations such as Lambda Legal, HRC, Immigration Equality, The NYC LGBT Community Center, and many others. We support LGBT youth and seniors, and zealously represent LGBT asylum seekers who have fled persecution from their home countries. The firm has won numerous awards for our LGBT work and the program is a source of great pride. KF: That is amazing to hear. So, going outside of the box, spare time, do you have it? And what do you enjoy doing in it? LL: Well my passions are my family, friends, and two cats. Whenever I can, I spend time with them. I am also working on a novel—slowly, but I have started it. I only wish I had more time to devote to it. KF: Wow that is exciting, congratulations on taking that big first step. Last question—if you had not become a lawyer, what do you think you would be doing today? LL: I would be a Broadway star. (Laugh). At one time, it was my dream to be an actress. I was the lead in various school shows, including our high school musical, and I love being on a stage performing. I have often said that while I did not make it to Broadway, there have been many courtrooms that have served as my stage. Public speaking is a lot like acting so I really do have the best of both worlds. Kristyn Francese is a 3L at Pace Law, originally from the Westchester, NY area. As a law student, she is pursuing a concentration in Financial Compliance Law. After graduation, Kristyn is moving to San Diego where she will be clerking in the United States Bankruptcy Court for the Southern District of California.
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CLASS NOTES The Pace Environmental Law Alumni Association The Pace Environmental Law Alumni Association (PELAA) is comprised of graduates from the Elisabeth Haub School of Law, who are practicing in the field of environmental law and/or who obtained a Certificate of Study in Environmental Law or an LLM or SJD in Environmental Law. The purpose of PELAA is threefold: (1) to encourage, facilitate, and maintain meaningful connections between Pace Law and its environmental program graduates; (2) to further the renown of the environmental law program at Pace Law; and (3) to lend career assistance and provide advice to Pace’s environmental students and graduates pursuing careers in environmental law. To achieve its purpose, PELAA fosters community among alumni by, among other activities, hosting environmental alumni gatherings, mentoring Pace’s environmental students, providing assistance to the Haub Environmental Law Program, assisting in the promotion of the National Environmental Law Moot Court Competition held at the Law School each February, and bestowing the Nicholas A. Robinson Award upon deserving alumni. The Pace Environmental Law Alumni Association also maintains a website at www.paceenviroalumni.org, featuring photos and a searchable alumni directory of all currentlypracticing environmental alumni, and anyone who graduated from the environmental program. This directory is alumni-created and maintained, available only to alumni listed in the directory, and not affiliated with the School (which means that if you update your info with Pace, please update it for this directory also!). Password info is available from Janice Dean (’05) (janice@janicedean.com). PELAA welcomes your ideas and involvement! n
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2006 Veronique Urban was selected to the 2017 New York Metro Rising Stars list. She is an associate with Farrell Fritz, P.C.
2007
Tim Herbst w as on Fox & Friends on the Fox News Channel on October 26. He is a potential candidate for Governor in Connecticut.
Aleksandr Y. Troyb w as re-elected as chair of the Connecticut Chapter of the American Immigration Lawyers Association. He also serves on the Board of Governors of the national association. Aleksandr was also re-appointed as a Director on the Board of Directors of the Fairfield County Bar Association and serves as a committee chair.
2009
Lisa B. Kelly and her husband, Michael Lombardi, are happy to announce the birth of their son, Alexander Deivid Kelly-Lombardi. Alexander was born on Thursday, August 4, 2016, weighting 7 lbs., 8 oz., and was 21 inches long. Kieran Lalor joined the law firm of Wallace and Wallace, LLP in Poughkeepsie. Sarah Quiter joined the law firm of Hunton & Williams LLP.
Anne Carpenter was named partner with Katten Muchin Rosenman LLP. She focuses on Environmental and Workplace Safety Law in their Washington, D.C. office. Taryn Curry was named as the managing attorney of GEICO’s NJ PIP staff counsel office. Amanda Kissel and Ryan Kratz are happy to announce the birth of their daughter, Frances Simone Kratz, born on September 1, 2017.
Dean W. Sattler was elected to partnership at Milbank, Tweed, Hadley & McCloy LLP. He is a member of the Corporate Group.
2008
Keji Ayorinde, Assistant General Counsel, The Interpublic Group of Companies, Inc., was named to The Network Journal’s 2017 List Of “40 Under Forty” Dynamic Achievers. Jennifer S. Echevarria was recognized by Super Lawyers as a 2017 Upstate New York Rising Star. She is an attorney with the law firm of Jacobowitz and Gubits. Clare K. Schum was promoted to Attorney Mentoring Supervisor at the Maricopa County Office of the Legal Advocate.
Henry M. Mascia, an attorney in the Corporate Practice Group at Rivkin Radler, was named a Public Interest/ Pro-Bono Attorney of the Year by Touro College’s Jacob D. Fuchsberg Law Center. He was recognized at the Touro’s annual Goods & Services Auction on March 29, 2017. Henry also received a Leadership in Law award from Long Island Business News. The awards recognize indi-
viduals who demonstrate dedication, hard work, skill, tenacity and excellence, along with leadership qualities, in both the legal profession and in the community. Mark Meeker (Dec. ’09) published an article Can Employers Ask About Prescription Drug Use? on MarineLink.com. Justin Ross Paré established a Trusts & Estates boutique law practice with an office in Londonderry, New Hampshire serving clients from both Massachusetts and New Hampshire. Ben Sosne is counsel to the proposed Extreme Model Railroad and Contemporary Architecture Museum in North Adams, MA, which has secured noted architect Frank Gehry to design the museum.
2010
Maxwell Fine joined Environmental Defense Fund as Associate Corporate Counsel.
Monroe Mann ’10 (LLM ’12) has returned from living in China and has completed his PhD in psychology from Capella University, researching the decision making processes of successful entertainers. Putting what he learned to good work already, Dr. Mann has launched a 501(c)(3) not-for-profit called Break Diving, Inc. You can learn more here: http:// www.breakdiving.org/. Additionally, Monroe has launched two apps that he hopes you will check out. You can share the story of your life through music at www.mymusic. bio and get more accomplished than ever before at www.StriveList. com, the latter of which is an app based on the philosophy contained in Monroe’s book, Time Zen, which you can find on Amazon, BN, etc. Finally, Monroe also just graduated from police academy in Florida, and is now a Florida Certified Law Enforcement Officer. Raymond Ramirez was recognized with the 2017 American Bar Association (ABA) On the Rise—Top 40 Young Lawyer Award. Raymond is an attorney with Eversheds Sutherland.
Pace Law Board of Visitors OFFICERS
Bradford Hildebrandt
Kathleen Donelli, Esq. ’85
The Honorable Alexander Hunter
Board of Visitors Co-Chair
The Honorable Linda Jamieson ‘79
Alfred E. Donnellan, Esq. ’81
Dennis J. Kenny, Esq.
Board of Visitors Co-Chair
The Honorable Nita Lowey
MEMBERS
The Honorable Sondra Miller
Peter N. Bassano, Esq. ’87
William M. Mooney III, Esq. ’92
Vernon J. Brown, Esq., CPA ’96
Richard L. O’Rourke, Esq. ’81
Christopher Carnicelli, Esq. ’93
Joseph Pastore III, Esq. ’91
V. Gerard Comizio, Esq. ’80
John J. Rapisardi, Esq. ’82
Lisa M. Denig, Esq. ’09
Jerold R. Ruderman, Esq.
Mary A. Duty, Esq. ’09
The Honorable Anthony A. Scarpino Jr.
John P. Ekberg III, Esq. ’90 Anthony J. Enea, Esq. ’85 Christopher B. Fisher, Esq. ’94
The Honorable Alan D. Scheinkman
John Flannery, Esq.
Robert S. Tucker, Esq. ’96
Peter S. Goodman, Esq. ’86
The Honorable Sam D. Walker
Philip M. Halpern, Esq. ’80
Russell M. Yankwitt, Esq.
Taryn L. Rucinski has recently started as the new Supervisory Librarian for the U.S. Court of International Trade. Taryn was the editor of the book Environmental Information: Research, Access & Environmental Decision Making by Sarah Lamdan. Tiffany Gallo h as joined the law firm of Delbello Donnellan Weingarten Wise & Wiederkehr, LLP as an associate.
Justin Touretz w as promoted from Counsel to Associate General Counsel with SAG-AFTRA.
2011
Vadim Cherkasov gave a presentation at NextFab on November 8th. The presentation was focused on IP and corporate agreements for start-ups, particularly the relationship between business owners and employees/co-owners.
Susan Lockwood was appointed Vice President, Compliance Officer by Fairfield County Bank.
Andrea Dumais was recognized by Super Lawyers as a 2017 Upstate New York Rising Star. She is an attorney with the law firm of Jacobowitz and Gubits.
Andrew N. Firkins joined the firm of Spicer Rudstrom PLLC as an associate in their Knoxville, TN office. Leslie A. Jaluria recently moved from Connecticut to California. She also had her third son. Leslie was admitted to the Supreme Court of the United States in 2016.
2012
Christine M. Brew is an associate with Cohen and Wolf, P.C., practicing in the Trusts and Estates, Tax, Elder Law, and Business & Corporate Groups.
Anthony Desiato, A ssociate Director of Pace Law Admissions, completed a successful Kickstarter campaign to fund a documentary project called My Comic Shop Country. The documentary will be filmed and edited in 2018. A filmmaker and podcaster, Anthony has been exploring the business, culture, and fandom of comic book stores across American with the current season of his podcast series, My Comic Shop History. Samantha A. Lyons who has been an associate at Enea, Scanlan & Sirignano since 2013, has been promoted to senior associate.
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ALUMNI PROFILE
CLASS NOTES Louis L. Bono ’92 Jessica Dubuss ’09, Director of Alumni Communications for the Law School, spoke with Louis L. Bono ’92, Deputy Chief of Mission to the U.S. Embassy to the Holy See. Lou previously served on the National Security Council and as an advisor to the Deputy Secretary of State and to the Under Secretary of State for Economic Affairs. His other assignments include the director of the State Department’s AsiaPacific Economic Policy Office during the rebalance to the region; the director of the Regional Embassy Office in Basrah, Iraq, where he oversaw the return of security control to Iraqi civilian authorities; and the head of the climate and energy section at the U.S. Mission to the EU. JD: Was law school always on your radar? LB: Yes. I always had a strong interest in government, so, for me, it was only natural that I pursue a degree in law. JD: How did you find the transition from undergraduate school to law school? LB: It was tough. I was always a good student and worked hard, but there was certainly an adjustment period between undergrad and law school. Thankfully, Pace had a great atmosphere in terms of the campus, the community, and the professors, which helped ease the stress of law school. JD: Why Pace Law? LB: It just made sense. I was living in Westchester, the School had a great reputation, and it fit what I was looking for at the time, which was environmental law. JD: How do you feel your law school studies have benefited you in your career? LB: Without a doubt the analytical process that I honed during those three years at Pace Law has certainly benefited me in my career. You learn a
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“Without a doubt the analytical process that I honed during those three years at Pace Law has certainly benefited me in my career.” different way of thinking as a law student and that stays with you throughout your career. You learn to think analytically, to think extemporaneously, and those ways of thinking translate into a huge advantage in a variety of careers. JD: Your exact title is: Deputy Chief of Mission to the U.S. Embassy to the Holy See. Exactly what does that mean? LB: I am the chief operating officer, and in the absence of an ambassador, I serve as chargé d’affaires or acting ambassador. I have served in this capacity for about a year. My position is all about building relationships. Diplomacy. I am responsible for
maintaining relationships government to government, with individuals, with the Pope, to advance U.S. policy overseas and to inform policy makers in Washington. In effect, I spend a lot of my time trying to convince people to do something they otherwise would not! In all seriousness, I feel fortunate; I have been able to influence policy and have been a part of history on many occasions. It is fascinating. JD: Can you talk about your career path? LB: Sure. While I always had an interest in government, my interest in foreign affairs was cultivated later. After Pace Law, I served on active duty into the army for two years and then left to work in the NY Attorney General’s office. I joined the Army Reserves and was then activated and sent to Europe during the Balkan crisis. It was then and there that my interest in foreign affairs peaked. When I returned to New York, I decided to take the Foreign Service test. Right after I was accepted into the Foreign Service, Professor Gail Westerman invited me to Pace to speak about career opportunities in and out of law; that was in 1999. For me, litigation was exciting, but I haven’t looked back. I have spent half of my career in domestic assignments—D.C. and New York, and
the other half overseas in Islamabad, Berlin, Iraq, Brussels, and now, Rome. It has been a very exciting career. I have had the chance to work in a variety of settings and on a number of different issues, including climate and clean energy, which brought me back to my studies at Pace. I never would have imagined that this is what I would be doing. JD: I imagine you have met some fascinating individuals. LB: Absolutely. I have been fortunate enough to meet and work with world leaders, such as Pope Francis, and a few heads of state/government. JD: How has your family adjusted to living abroad for periods of time? LB: My kids have been exposed to a variety of cultures and I think (I hope) that this is a great benefit to them. Currently, we all live in Rome and prior to that, we lived in Brussels. The Foreign Service is similar to the military in that we serve tours wherever we are needed around the world for a period of one to three years. As a family, we are all in this together, and we have had some great experiences in places we would not have imagined to visit. n
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CLASS NOTES Henry Mascia ’09 We asked Marcy Robles (2L) to speak with Henry Mascia ’09, an associate with Rivkin Radler LLP. His practice focuses on immigration law and also civil litigation, including appellate advocacy. Prior to joining Rivkin Radler, Henry worked as an attorney advisor at the U.S. Department of Justice’s Executive Office for Immigration Review. And, prior to that, Henry served as a law clerk at the New York Court of Appeals. MR: What do you remember from law school orientation? HM: I remember reading Whose Monet? as prep for our first year classes. I remember that vividly. MR: They still do that! HM: Then you know what I mean. That is something all Pace Law students will remember. At first, I thought, man I am really in over my head, but it was a great learning experience. MR: Can you talk about how you decided to focus on immigration law? HM: When I decided to attend law school, I knew that I wanted to go into public interest law, specifically with a focus on international human rights. Then, during my first year of law school, my wife and I were lucky enough to find out we were expecting a baby. So, at that point, I knew that I did not want to be practicing in an area of law that would require frequent trips outside of the country and traveling. And, later that year, I had such a positive experience with the Immigration Justice Clinic that my focus was completely changed. I realized that I could still do something international by focusing on immigration law. MR: You mentioned your experience with the Immigration Justice Clinic, what was that like? HM: I ended up doing the Clinic in the fall of my
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“The Clinic is really my most memorable law school experience. We worked on a lot of challenging immigration cases.” second year. Professor Merton is an expert at thinking outside of the box and that really benefited me and everyone else in the Clinic. The Clinic is really my most memorable law school experience. We worked on a lot of challenging immigration cases. I specifically remember working on a second circuit appeal. We drafted a brief and we felt great about our argument, but before we got a chance to go to court and argue it, we got a letter from Homeland Security. I remember Professor Merton emailing us and letting us know that The Department agreed to remand the case and that was as good as a victory because that is what we were ultimately seeking. The beauty of the IJC is that you get a chance to do the entire range of things that lawyers do—from presentations to appellate advocacy—to
advice—to responding to emergencies. The IJC was definitely a formative experience for me. MR: And, all these years later, immigration law still holds your interest? HM: Absolutely. You are truly changing people’s lives. You are influencing people’s descendants. You are changing the trajectory of their lives. Even a simple application means so much to your client in this area of practice. To be part of their story, whatever that story might be, is the most gratifying part of the job. MR: Currently, you are an associate with the firm Rivkin Radler. What is your day to day like? HM: Primarily, I work on civil appeals. So appellate advocacy is the majority of my practice. I am also starting the immigration practice at Rivkin. That practice is growing tremendously every year. It focuses on employment-based applications, non-immigrant visas, company sponsorship for specialty occupation workers. And, family based immigration as well. I also make sure to dedicate some time to do pro bono immigration cases. The firm works closely with Kids In Need of Defense—I have represented minors in presenting their asylum cases. We succeeded in obtaining asylum for a girl from El Salvador. That was a difficult experience and it was a great moment telling her she got asylum. She was laughing and crying all at the same time. There was so much effort put into that application. It was one of the most gratifying moments in my career so far. MR: Switching gears back to Pace, who were your favorite professors? HM: Professor Merton had a large impact on the trajectory of my career and helped me to become the lawyer that I am today. Plus, she is hilarious and inspiring all at the same time. She is very memorable. I enjoyed professional responsibility and criminal law with Professor Humbach. And, Professor Joy Beane, who is with the Judicial Institute (JI).
I volunteered to be on the Journal of Court Innovation, which was published by the JI in coordination with other organizations. She encouraged me to apply for a clerkship with the NY Court of Appeals in Albany. Before her encouragement, I didn’t think that was something that was an option for me. I always thought it was a longshot, but I applied, and I ended up getting the job. It was an amazing way to start my legal career and it opened up many doors for me. MR: Can you talk about any meaningful awards you have received? HM: During law school, I received the Sobie Pasternack Civil Liberties Award (2008) for my work at the Immigration Justice Clinic helping immigrants terminate their removal proceedings based upon 4th and 5th Amendment violations by Immigration and Customs Enforcement (ICE). And, in 2017, I received the New York State Bar Association President’s Pro Bono Service Award for my work at Rivkin Radler obtaining asylum for a teenager who had fled her home in Central America due to threats from local gang members. MR: What are your passions aside from law? HM: My family and my church. They keep me going. MR: Had you not become a lawyer, what do you think you would be doing? HM: I find culture fascinating—so I like to think I would be doing anthropology in some capacity. Marcy Robles is a second-year law student who is interning with the New York City Law Department this upcoming summer. During her second semester of her 2L year, Marcy interned in District Court for the Southern District of New York as part of the Federal Judicial Honors Program at Pace Law. Marcy is also a Junior Associate for Pace Law’s International Law Review and worked as a student attorney in the Immigration Justice Clinic during the fall of her 2L year.
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CLASS NOTES
Love and Marriage at Pace Law
They Attended, They Met, They Married IF YOU WANT TO SHARE your Pace Law love story please submit it to Jessica Dubuss ’09, Director, Law School Alumni Communications, at jdubuss2@law.pace.edu.
Chris Carnicelli ’93 & Liz O’Mara Carnicelli ’94 While Chris and Liz were only 1 year apart at Pace they did not see each other around School, however, luckily, they did have mutual friends in common. About 3 or 4 years after graduation, Chris and Liz were officially introduced through their mutual Pace Law friend, Brendan Davey ’93. Brendan and Liz were working together and sharing an office at the Westchester County Attorney’s Office in White Plains. After leaving her position with the County for a few months, Liz started working for the County again, but with the Family Court Department rather than the Litigation Department. Liz recalls “I hadn’t spoken to Brendan in a while and I was ready for a nice guy to come into my life and I thought to myself, ‘who is a nice guy who would surround himself with good people?’ Of course, Brendan came to mind and as soon as I got to work that morning, I called Brendan and asked him if he had any nice single friends and he mentioned Chris’s name! A couple of months later, Chris called me, we had our first date and it was love! We ended up getting married on June 10, 2000.”
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David Shofi ’94 & Leanne (Murray) Shofi ’94 David Shofi and Leanne (Murray) Shofi met at Pace Law in 1991 in their Legal Research & Writing class. After becoming fast friends, they dated and were engaged by their third year at Pace. David recently was named Chief Legal Officer for the biotechnology company Univercells, and Leanne is Special Counsel with Cuddy & Feder LLP. More than 25 years after they met at Pace Law, their son Michael is a BFA Musical Theater student at Pace University’s NYC campus. With their daughter Mallory about to head to Emerson College, they are 3 out of 4: Pace Pride runs deep in the Shofi household!
Nathan Haynes ’98 & Suzanne Squarcia Haynes ’97 Circa 1995, Suzanne worked at the front desk as a Dannat Hall Resident Assistant, and Nathan would swing by after classes with coffee. Nathan jokes, “[s]eeing past his ‘high and tight’ USMC haircut, love bloomed at Pace Law.” Suzanne is now a Supervisory Regional Counsel with the Social Security Administration Office of the General Counsel, and Nathan a Shareholder in Greenberg Traurig’s Restructuring & Bankruptcy Group. They reside in lower Manhattan and are raising a bright and lovely young lady of 13, a dancer with the School of American Ballet.
Jeff Norton ’97 & Stephanie Krigman Norton ’98 Jeff and Stephanie met while Stephanie was in her first year and Jeff was in his second. Stephanie remembers, “I was struggling with an assignment from a judge I was interning for and was talking to Professor Randy McLaughlin about it and Jeff was an intern for him. Later that day, we met in the library as I was having a minor meltdown and Jeff made me laugh and saved the day with the judge and what turned out to be my life and the rest (as they say) is history. We married in 1998, Randy McLaughlin was at our wedding and Jeff and Randy continue to work together.” Stephanie practices part-time doing probate work in Connecticut and has her own baking business, freedgoodsco. Jeff is a partner in the NYC firm Newman Ferrara LLP and practices securities law and class action work.
Joseph Mack ’01 & Karyllan Dodson Mack ’03 Joe and Karyllan first met in the fall of 2000 when Joe was the Dean’s Scholar for Professor Nolon’s Property Law class, in which Karyllan was a student. The two were married in April of 2003 and while they both graduated from Pace Law, their career paths have been divergent. Karyllan has practiced environmental law since graduating, first at K&L Gates where she became a partner in the Newark office, and currently as Senior Counsel in BASF’s Environmental Law group. Joe was a cor-
porate defense attorney at White & Case LLP, then served as an AUSA at the U.S. Attorney’s Office in the District of New Jersey for nearly a decade and today works as Senior Corporate Counsel at Bayer U.S. LLC. They live in New Jersey and have two children.
Saad Siddiqui ’07 & Samantha Schwartz Siddiqui ’08 Saad and Samantha met initially through the Honor Board (Saad was the outgoing President and Samantha took over for him). After discovering that they shared a number of mutual friends, Saad and Samantha began spending a lot of time together. They were engaged in Paris, France in March 2008 and subsequently married in New Rochelle on November 6, 2009. Saad and Samantha still live in White Plains with their two-year-old son, Asher.
Shamik Trivedi ’08 & Adrienne Fortin ’08 Shamik & Adrienne met at Earth Day in 2006 —Adrienne was selling T-shirts for ELS. Shamik bought a shirt from her, and, as Shamik puts it “the rest, they say, is history.” After law school graduation in 2008, Shamik moved to Chicago to complete his LLM in Tax at Northwestern Law School, and Adrienne moved to Connecticut. In early 2009, Adrienne relocated to D.C. to join the EPA’s Office of Administrative Law Judges, and soon after Shamik started a position with Tax Analysts as a legal editor in D.C. In 2013, Shamik joined Grant Thornton LLP’s Washington National Tax Office focusing on tax controversy and legislative and regulatory affairs before Congress, Treasury, and the IRS. In 2015, Adrienne moved to the Office of Civil Enforcement at the EPA. Shamik and Adrienne were married in November 2014 in Charlottesville, VA and their daughter, Celine, was born in September 2016.
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Brent Keith ’09 & Erin Flannery Keith ’09 Erin and Brent met when they carpooled to an Environmental Law Society field trip during their second week of law school in September 2006. Because they were in different 1L sections, they did not begin to get to know each other well until they made mutual friends in shared classes 2L year. The night before graduation, Brent and Erin struck up gripping conversations comparing Eastern and Western water law—an area that they discovered they were both passionate about. They then went their separate ways—Erin moved to Washington, D.C. to work in the U.S. Environmental Protection Agency’s Office of Water, and Brent moved to Portland, Oregon to work at a small water law firm. Brent began a new job in Denver in 2010 that took him on frequent trips to D.C. After a meeting at the U.S. Forest Service, Brent walked across the Mall and, passing EPA, contacted Erin. They met for dinner that night, began spending time together on each of Brent’s D.C. trips, and the relationship flourished. They got engaged in Colorado in 2012 and Brent moved to D.C. They married in New Hartford, Connecticut, Erin’s hometown, in March 2013. Erin continues to work at EPA and Brent is the Senior Policy Advisor for Lands at The Nature Conservancy. They are expecting their first child in May 2018.
Donato Palumbo ’09 & Jessica (RhodesKnowlton) Palumbo ’09 Jessica and Donato met at Pace Law School in 2006. She was a brand-new 1L and Donato was a transfer student whose required 1L writing credit did not transfer. Luckily, he was assigned to Jessica’s writing section. Little did they know, a conversation about their first assignment would lead to more, ultimately resulting in their marriage in 2010, two daughters (Christiana and Viviana), and a relocation to Atlanta where Donato now practices family law and Jessica has launched a boutique legal writing practice focused on immigration law.
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Brendan Alt ’12 & Brittany Gold ’12 During Law School, Brendan and Brittany began working/interning at a local law firm located in White Plains together. Their friendship grew and upon graduation and taking the bar exam they went away for what was supposed to be a long weekend to Brendan’s parents’ house in Long Beach Island and ended up staying there all summer. Brendan and Brittany were later married and their son, James Hunter, was born on July 22, 2016.
Michael Konicoff ’13 and Taylor Konicoff ’13 Michael and Taylor met at Pace during their first-year orientation – they were in the same section and became friendly over the course of the first year. During their 2L year, they shared a few classes together and one day by a chance encounter at the library decided to start studying together. A few months later, Michael and Taylor started dating. About a year after graduating, Michael proposed right outside the library where their relationship began. Michael notes, “We were married in September 2015, recently bought a house in Westchester, and are expecting a baby boy in June. We have Pace to thank for our beautiful life together.”
Ben Lowenthal ’13 & Michelle Simard ’13 Ben & Michelle met while they were students at Pace Law. They noticed each other from afar in the library and then finally met in person one night during 1L year. A few short years later, Ben proposed and Michelle said yes! They were married in June 2017 in Maryland. n
CLASS NOTES 2012 Christopher M. Psihoules is now Trial Attorney with the Federal Energy Regulatory Commission.
2013
Immigrant Detention: Resistance from the Inside Out” held in early June 2017.
2015
Jaclyn Calcagno Scarinci was married in 2017. She currently practices law at Akerman LLP with a focus on real estate development. Heather Leibowitz had her op-ed, Solar is Clean, Popular and Under Attack published in the Gotham Gazzette. Michelle Simard and Ben Lowenthal were married in June 2017. Keriann Stout wrote several articles that were featured on the Above the Law Website, including: The Day Before the Bar Exam Dos and Don’ts, 7 Things You Need to Know as a First Year Attorney, and Taking the Bar Exam in 2018? Here’s What You Need to Know.
2014
Erica Gilerman became Assistant Executive Director with the Hebrew Educational Society. Miriam Lacroix was selected as a 2017 Milli Award Winner. The Milli Awards, now in its third year, is an “annual award celebration for young professionals who are on their way to changing the world.” Miriam is an attorney at her firm, Lacroix Ramos, LLP. Stephanie Ramos was a guest speaker at Pace Law on October 11. The event was to celebrate Hispanic heritage month, discuss immigration, and the book Tell Me How It Ends, an Essay in Forty Questions, by Valeria Luiselli. The event was sponsored by BLSA and LALSA. Stephanie is an immigration attorney at her firm, Lacroix Ramos LLP. Both Miriam Lacroix and Stephanie Ramos were featured speakers at the “Left Forum 2017:
J. Justin Woods (J.D. ’15, LLM ’16) was appointed by the Cayuga County Legislator to a four year term as their next County Administrator.
2016
Sharleen Araula Bailon is now an Assistant District Attorney with the Westchester County District Attorney’s Office. Lauren C. Enea joined the firm of Enea, Scanlan & Sirignano, LLP as an associate attorney. Andrea Rodricks has joined the admissions team at the Elisabeth Haub School of Law as Assistant Director of Admissions. Andrea is a recent graduate with dual J.D. and MBA degrees from the Elisabeth Haub School of Law and the Lubin School of Business, with concentrations in environmental law and international business.
2017
Kristin Jung ’17, a recent graduate/student attorney with the Immigration Justice Clinic (“IJC”) and currently a post-graduate fellow with the Clinic, argued a case before the United States Court of Appeals for the Second Circuit. Co-counsel Emily Bendaña (2018 Pace Law candidate for graduation) collaborated in producing both the main and reply briefs and preparing for the argument by mooting in role as the government lawyer. Emily also took the lead in managing the multiple
layers of required record organization and document submission that make a Circuit Court Petition for Review so challenging. The entire IJC, along with IJC Professors McDonnell and Merton, participated in research and mooting of this difficult case. A special thank you to the various individuals who took considerable time out of their very busy practices to moot the argument, including IJC alumni Pouyan Darian, Henry Mascia, Christopher Crane, Jessica Greenberg, and Jonathan Campozano, as well as Professor Jason Parkin and City Bar Justice Center
Director Lynn Kelly. Congratulations to Kristin, Emily, and the entire IJC. The Law School’s SJD Faculty Committee confered the degree of Doctor of Juridical Sciences on Dr. Mingde Cao, making him an official Pace alumnus. His defense of his thesis, A Comparative Study of Carbon Emission Reduction Systems, was described by members of the Committee as “thorough and insightful.” He was also awarded the Françoise Burhenne-Guilmin Award for Merit. Congratulations, Dr. Mingde Cao!
Keep In Touch! Have you recently changed firms, careers, or made partner? What is your practice area? Do you want to connect with other alumni colleagues within your practice area? Do you have personal information you want to share— a marriage or birth? Where are you living? We want to receive these updates and help connect with you and connect you with others. Submit your update to plsalumni@law.pace.edu. Please include your name, year of graduation, and any relevant information. High quality photos are welcome! You can also update your information online by visiting www.law.pace.edu/alumni-update-form.
SPRING 2018
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LETTER FROM THE ALUMNI BOARD PRESIDENT
Dear Fellow Alumni, My name is Mark Meeker and I am a proud graduate of Pace Law (December 2009). Since 2013, I have served as a member of the Alumni Association’s Board of Directors, and this past fall I began serving as the Board’s President. Over the course of the 2017–18 school year, the Board has initiated a number of operational changes. All Pace Law graduates are automatically members of the Alumni Association, and the Board serves as the Association’s governing body, so it is our goal to make the Board more visible and accessible. Board meetings are now publicized in advance via social media because, as stated in the Alumni Association by-laws, meetings “shall be open to all members of the Association, the faculty, the staff, the students and interested friends.” We plan to continue promoting these meetings and hope you will attend as your schedules permit. As a part of our effort to be more visible and accessible, meeting minutes are now available for all to see. In the past, approval of a meeting’s minutes happened at the next regular Board meeting, provided we reached a quorum. Now, shortly after each meeting, minutes are approved via email and then posted on the law school’s website. Another goal has been to have a more active and involved Board, so all five of the standing committees provided for in the by-laws have been revived, and every Director now serves on at least one of those committees. To further emphasize the importance of involvement, the Board has begun enforcing its attendance requirements. Looking towards the 2018–19 school year, the Board’s most ambitious goal will be the creation of a Board operating budget, funded through regular Director contributions, and supporting a new Alumni Scholarship Fund. We also intend to implement an annual planning process, with each Committee Chair plotting out proposed activities on a shared timeline. I am pleased with the direction of the Board, I look forward to continuing to serve as the Association President, I remain thankful for this opportunity, and I welcome any suggestions that you may have regarding the Alumni Association. The best way to reach me is via email at mjmeeker311@gmail.com. Sincerely, Mark Meeker, Esq. (Dec. ’09) P.S.: For the past seven years, I have managed the Pace Law Alumni Network (P.L.A.N.), a group of Pace Law graduates dedicated to helping other alumni by creating networking opportunities. P.L.A.N. hosts quarterly networking events, alternating between venues in White Plains and Manhattan. Please keep your eyes and ears open for the next P.L.A.N. gathering and feel free to join P.L.A.N.’s Facebook group.
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PA C E L AW A L U M N I M A G A Z I N E
Ten Ways to Get Involved With Pace Law Follow BB Volunteer BB
BB
/friend Pace Law on social media (LinkedIn, FB, Twitter)
to speak to student groups, mentor students individually, judge a moot court competition, participate in the PILSO auction, or let us know how you would like to be involved!
Network
with students and alumni on career development. Pitch Pace Law to hiring managers at your firm, organization, or agency (or contact Career Development to do it for you!)
Attend BB Update BB Utilize BB
Pace Law events, and pass along invites to fellow alumni
us on your work and home life for Class Notes
Career Development to view job postings and manage career transitions — not just for recent grads!
BB
Represent
BB
Support
Pace Law at student recruitment events! This is particularly important outside the tri-state region. In Chicago? San Francisco? Miami? We need you!
Pace Law financially. Did you know you can target your giving? This way you can support the programs that mean the most to you.
Consider BB Be BB
Pace-proud!
Pace Law in your estate planning
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SAVE THE DATE
2018 All-Class Reunion Join us to see old friends and celebrate your connection to the Law School. All years are welcome as we recognize the reunion classes of: 1983, 1988, 1993, 1998, 2003, 2008, 2013, and 2018 Saturday • October 13, 2018 6:30–9:30 p.m. Pace Law, Tudor Room 78 North Broadway, White Plains, New York Stay tuned for additional information regarding the Reunion! Please direct inquiries to (212) 346–1287 or DevelopmentEvents@pace.edu