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Financial Advisor: "State Fiduciary Laws Seen Adding to Chaos, Confusion"

10/19/2017

State Fiduciary Laws Seen Adding to Chaos, Confusion (Financial Advisor)

...Jill Gross, a law professor at Pace University, said at the Practicing Law Institute conference last month that she believes “any state law that tries to outlaw in any shape or form mandatory arbitration in customer agreements will be preempted by the FAA.”

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The Chronicle of Higher Education: "Colleges With the Highest Student-Mobility Rates, 2014"

10/18/2017

Colleges With the Highest Student-Mobility Rates, 2014 (The Chronicle of Higher Education)

The Chronicle List October 15, 2017

City University of New York campuses made a strong showing among colleges with the highest mobility rates, a measure of the percentage of all students in a birth cohort at a particular college whose parents were in the bottom 20 percent for household income, and who reached the top 20 percent for individual earnings. Seven CUNY campuses were in the top 10 for mobility rates among four-year public colleges, and five CUNY campuses were in the top 10 among two-year public colleges. Five historically black colleges and universities ranked in the top 40 for mobility rates among four-year private nonprofit institutions.

4-year private nonprofit institutions

Rank Institution Median parent household income Median child earnings, 2014 Mobility rate
1. Pace U. $68,600 $60,700 8.43%
2. St. John's U. (N.Y.) $69,200 $58,900 6.80%
3. College of Mount Saint Vincent and Manhattan College $94,800 $67,900 5.78%
4. Long Island U. system $59,000 $39,900 5.54%
5. New York Institute of Technology at Old Westbury $78,500 $49,900 5.40%
6. Xavier U. of Louisiana $63,100 $48,400 5.26%
7. Tuskegee U. $54,400 $38,900 5.23%
8. U. of the Pacific $96,500 $59,000 4.25%
9. Howard U. $76,900 $49,600 4.00%
10. Fordham U. $113,300 $63,300 3.98%
11. U. of Southern California $120,100 $63,700 3.93%
12. Park U. $65,300 $43,600 3.87%
13. Saint Leo U. $57,300 $38,000 3.63%
14. New York U. $130,500 $58,100 3.63%
15. Mercy College $50,700 $31,100 3.52%
16. Embry-Riddle Aeronautical U.-Extended Campus $92,400 $65,600 3.48%
17. Barnard College $148,000 $56,300 3.45%
18. Massachusetts Institute of Technology $141,000 $98,500 3.40%
19. Fairleigh Dickinson U. $87,000 $48,200 3.33%
20. MCP Hahnemann and Drexel Universities (now Drexel U.) $94,100 $65,500 3.30%
21. Clark Atlanta U. $54,500 $35,200 3.30%
22. Rochester Institute of Technology $95,700 $62,400 3.27%
23. Adelphi U. $96,300 $50,700 3.26%
24. Seton Hall U. $100,900 $56,900 3.18%
25. Kettering U. $100,100 $85,400 3.11%
26. Morehouse College $81,800 $49,800 3.10%
27. Campbell U. $69,900 $42,700 3.09%
28. Loyola U. Chicago $98,600 $53,500 3.08%
29. Columbia U. $169,600 $75,300 3.07%
30. Iona College $97,400 $56,200 3.05%
31. Rensselaer Polytechnic Institute $114,200 $84,100 3.05%
32. U. of Rochester $129,200 $62,000 3.02%
33. Hofstra U. $105,300 $55,700 2.99%
34. U. of Miami $110,100 $54,800 2.98%
35. Clarkson U. $94,600 $73,300 2.97%
36. Saint Mary's College of California $110,500 $55,200 2.94%
37. Bentley U. $119,600 $79,800 2.94%
38. Syracuse U. $119,700 $61,100 2.94%
39. Hawaii Pacific U. $68,600 $41,100 2.92%
40. Cornell U. $143,300 $79,800 2.91%

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The Tribeca Trib: "American Scoreboard: Dramatic Readings of Confirmation Hearing of US Education Secretary Betsy DeVos"

10/18/2017

American Scoreboard: Dramatic Readings of Confirmation Hearing of US Education Secretary Betsy DeVos (The Tribeca Trib)

American Scoreboard: The Trump Administration will present the fourth installment of its series of live dramatic readings on Monday, October 23, from 7:00 p.m. to 8:20 p.m. at Pace’s Schimmel Center at 3 Spruce St. There is no charge for admission.  Reserve tickets today. RSVP is required.

Ripped directly from the US Senate Chamber in Washington DC, the American Scoreboard series explores, from an all-new perspective, the serious issues facing President Donald Trump and the America public today. Conceived and produced by Tony Award-winning producer Fran Kirmser and Christopher Burney, American Scoreboard presents one-hour verbatim readings of Congressional hearing transcripts in a format that can’t be found on C-SPAN or CNN.

Coinciding with the fall 2017 semester and in cooperation with Pace University’s Office of Government and Community Relations, American Scoreboard's fourth installment features the confirmation hearing of US Education Secretary Betsy DeVos. US Senators represented in the hearing will be portrayed by current students and recent graduates including professionals from Broadway productions, colleges and universities, including Pace, and the New York City public school system. All actors appear courtesy of Actors Equity Association.

Pace Performing Arts student Bartek Szymanski '18 will play Senator Bob Casey, Pennsylvania (D); Pace Performing Arts alumna Amber Jaunai '17 will play Senator Johnny Isakson, Georgia (R); and Pace Performing Arts alumnus Cole Taylor '17 will be the clerk/narrator.

Broadway performers include: 

Lilla Crawford (Senator Patricia Murray), who made her Broadway debut in the Tony Award winning musical Billy Elliot and then booked the title role in the Broadway revival of Annie against 5,000 actresses who auditioned in a nationwide search. Crawford also starred opposite Johnny Depp and Meryl Streep as Little Red Riding Hood in Disney's Into the Woods, and is currently starring in the new Nextflix sketch comedy series, The Who Was Show.

Sydney Lucas (Senator Elizabeth Warren), who earned a Tony nomination for Best Performance by a Featured Actress in a Musical for her performance as Small Alison in Broadway’s Fun Home.

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WNYC: "After Harvey Weinstein; Did Cy Vance Get it Right?; Housing Affordability and Mayor de Blasio; The Spinning Ball"

10/17/2017

After Harvey Weinstein; Did Cy Vance Get it Right?; Housing Affordability and Mayor de Blasio; The Spinning Ball (WNYC)

Bennett Gershman, professor of Law at Pace University, former prosecutor with Manhattan D.A.'s office, Special State prosecutor with the New York State Anti-Corruption office and author of treatise "Prosecutorial Misconduct," discusses the Cy Vance revelations regarding both Weinstein and the Trump Organization, and whether the charges should have been dropped by the District Attorney's office.

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Monster: "10 things to do senior year of college to set yourself up for career success"

10/16/2017

10 things to do senior year of college to set yourself up for career success (Monster)

Clean up your social media profiles

Regardless of how great you look in that Instagram photo or how funny you think your tweet is, your future employer does not want to see pictures of you twerking at frat parties or read tweets about how you spent every lecture playing Pokemon Go—and yes, they will know. According to a recent SHRM survey, 84% of companies use social media to find candidates. Making sure you don’t have anything publicly available that could damage your chances at securing a job is a good first step in professionalizing your digital footprint.

“Any unprofessional photos, posts, tweets, etc. should be taken down, and all profiles should be set to private,” suggests Jennifer Magas, associate professor of public relations at Pace University in New York City. “Social media is oftentimes the first thing a future employer turns to when considering a new hire, so be sure that all of your public posts and friends are things you’d want to represent yourself.”

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Glass Door: "A Successful Performance Review Is Guaranteed With These 8 Tips"

10/16/2017

A Successful Performance Review Is Guaranteed With These 8 Tips (Glass Door)

Data Talks

Preparation is key to your success. So give yourself plenty of time to reflect as you populate the requisite forms, and amass data to accompany them.

While your manager likely has a good sense of your contributions, s/he doesn’t know the particulars like you do. Jennifer Lee Magas, Vice President of Magas Media Consultants, LLC and a Clinical Associate Professor of Public Relations at Pace University, advises conducting a thorough self-evaluation:

“The main goal of the self-evaluation is to highlight your accomplishments. . . List any leadership roles, internal processes or systems that you redesigned or improved, money you saved the company or the client, any special projects you worked on/led, any new programs, systems or processes you designed or implemented, any courses you’ve taken or certificates you’ve achieved, all awards and recognitions you won.” 

Don’t leave it to your manager to track your success.

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Bustle: "How To Build Your Personal Brand On LinkedIn, According To Experts"

10/16/2017

How To Build Your Personal Brand On LinkedIn, According To Experts (Bustle)

...You can add keywords to your LinkedIn profile so that people searching for users with your skills or experience can find you, Jennifer Lee Magas, MA, JD, VP of Magas Media Consultants, LLC and a Clinical Associate Professor of Public Relations at Pace University, tells Bustle. Think about what words someone might enter if they want to find someone like you, and fill in all your education and work experience so nobody misses you.

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CBS New York: "Weinstein Blame Game: Manhattan DA, NYPD Point Fingers Over Handling Of Sexual Assault Allegation"

10/12/2017

Weinstein Blame Game: Manhattan DA, NYPD Point Fingers Over Handling Of Sexual Assault Allegation (CBS New York)

...The NYPD fired back, saying, “the case was carried out by experienced detectives and supervisors from NYPD’s Special Victims Unit.”

“The detectives used well established investigative techniques. The recorded conversation with the subject corroborates the acts that were the basis for the victim’s complaint to the police a day earlier. This follow-up recorded conversation was just one aspect of the case against the subject,” the statement continued. “This evidence, along with other statements and timeline information was presented to the office of the Manhattan District Attorney.”

It’s something Pace University Law professor Bennett Gershman backs up.

“You are listening to a sexual pervert ply his trade,” Gershman told CBS2’s Brian Conybeare. “It’s so easy, and for a prosecutor to say there’s no proof of say there’s not proof of criminal intent? That’s what the prosecutor Vance said, that’s just so, so wrong.”

Actress and screenwriter Luisette Geiss is the latest accuser.

“I don’t think that Harvey Weinstein comprehends how much pain and suffering this brings me and scores of other women,” she said in a Tuesday press conference.

Also Tuesday, former President Barack Obama and Michelle Obama said they were “disgusted” by the recent reports.

“Any man who demeans and degrades women in such fashion needs to be condemned and held accountable, regardless of wealth or status,” they said in a joint statement. “We should celebrate the courage of women who have come forward to tell these painful stories. And we all need to build a culture – including by empowering our girls and teaching our boys decency and respect – so we can make such behavior less prevalent in the future.”

Weinstein has been a major Democratic Party donor, as he and his family have given more than $1.4 million in political contributions since the 1992 election cycle.

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Politifact: "Fact-checking the NRA's response to proposed gun laws after Las Vegas"

10/12/2017

Fact-checking the NRA's response to proposed gun laws after Las Vegas (Politifact)

...Under President Barack Obama, the agency issued a rule that stepped up its efforts to pass the names of those who lack the mental capacity to "manage his or her own affairs" to the National Instant Criminal Background Check System, which determines whether someone can legally buy a weapon.

Two disability law professors said that the mental challenges a person must have to qualify for those benefits go well beyond simply managing their money.

"You don't get to the question of can you manage your money until you get to the determination that somebody is sufficiently impaired by their illness that they can’t work," said Pace University law professor Gretchen M. Flint.

The Social Security Administration’s guidelines state that to qualify for benefits, "your mental disorder must result in ‘extreme’ limitation of one, or ‘marked’ limitation of two, of the four areas of mental functioning."

Those areas include "understand, remember, or apply information; interact with others; concentrate, persist, or maintain pace; and adapt or manage oneself."

And managing oneself includes "the abilities to regulate emotions, control behavior, and maintain well-being in a work setting.... distinguishing between acceptable and unacceptable work performance."

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Variety: "Manhattan D.A. Urges More Harvey Weinstein Victims to Come Forward"

10/12/2017

Manhattan D.A. Urges More Harvey Weinstein Victims to Come Forward (Variety)

The Manhattan District Attorney’s office, which is under fire for its handling of a sex assault allegation against Harvey Weinstein in 2015, is now urging other Weinstein victims to come forward.

In a statement, Chief Assistant D.A. Karen Friedman Agnifilo blasted Weinstein’s “pattern of mistreating women,” saying it was “disgraceful and shocks the conscience.”

“Any individual who feels that she may have been the victim of a crime by this person in Manhattan is strongly encouraged to contact our Office’s Sex Crimes Hotline at (212) 335-9373,” Agnifilo said.

The office is taking criticism following a devastating story in the New Yorker, which detailed numerous incidents of sexual harassment and alleged rape. The story cited the case of Ambra Battilana Gutierrez, who told New York police in March 2015 that Weinstein groped her at his Tribeca office. Gutierrez agreed to wear a wire, and captured Weinstein saying “I’m used to that,” and urging her to join him in his hotel room.

Police sources cited in the story say the case could have been charged as sexual abuse in the third degree, a misdemeanor. One police source was livid that the D.A.’s office opted not to file a charge.

In the statement, Agnifilo defended the decision not to prosecute, saying police had failed to consult with prosecutors before the recorded conversation took place.

“While the recording is horrifying to listen to, what emerged from the audio was insufficient to prove a crime under New York law, which requires prosecutors to establish criminal intent,” Agnifilo said.

The statute of limitations on misdemeanors in New York is two years, meaning that even if the D.A.’s office changed its mind it would be too late to bring charges.

However, the New Yorker story also includes an allegation that Weinstein forced an actress, Lucia Stoller, to perform oral sex at his office in 2004. The story does not indicate that she went to the police. Conceivably, that could prosecuted as a criminal sexual act in the first degree, a Class B felony, which does not have a statute of limitations in New York state. The D.A.’s office declined to comment on that case.

“It could be prosecuted any time you get the evidence,” says Bennett Gershman, professor at the Pace University School of Law. “From a practical standpoint, you have all the obstacles in terms of faded memories, lack of forensic evidence… All those issues would be on the table. It’s just a question of what the facts prove and whether or not the prosecutor has enough evidence to go ahead, and whether the prosecutor wants to.”

Much of Weinstein’s alleged misconduct is said to have taken place at the Peninsula Hotel in Beverly Hills. However, no agency has submitted a complaint against Weinstein to the Los Angeles County District Attorney’s office, a spokesman said.

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