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"The Kansas City Star" quoted Law Professor Leslie Garfield Tenzer in "Hundreds of Missouri’s 15-year-old brides may have married their rapists"

03/13/2018

"The Kansas City Star" quoted Law Professor Leslie Garfield Tenzer in "Hundreds of Missouri’s 15-year-old brides may have married their rapists"

...Overall, statutory rape cases come in three varieties, said Leslie Garfield Tenzer, a law professor at Pace University in New York:

“There are the sick cases,” she said, “the teacher sleeping with the child, or the 29-year-old sleeping with the child. That’s an easy case.

“Then you have the case in which the parent alerts the authorities and pushes for it. The parent is irate.” Those, too, tend to get prosecuted, she said.

But the third and thornier type is one in which the law has clearly been broken, but neither the child, partner nor parents are complaining.

“When you have a crime,” Tenzer said, “basically you’re saying that the defendant wronged society. Convicting someone gives the family of the victim some sense of retribution, it maybe rehabilitates the defendant and it is a deterrence to society: Don’t do this.

“But if you have this girl who’s in love with this guy, we really don’t need to rehabilitate them. We don’t necessarily need retribution if the parents understand that there’s love there. And the question is, ‘Do we want to take the time of prosecutors and taxpayers’ money for a case to basically send a message to the rest of the world?’”

In Idaho, the judge sent exactly that message. Heather Strawn’s marriage to Aaron meant nothing.

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"Daily News" featured Haub Visiting Scholar Delcianna Winders piece "Why is it so hard for President Trump to flatly forbid trophy hunting imports?"

03/13/2018

"Daily News" featured Haub Visiting Scholar Delcianna Winders piece "Why is it so hard for President Trump to flatly forbid trophy hunting imports?"

Written by: Delcianna Winders

Winders is the PETA Foundation’s vice president and deputy general counsel for captive animal law enforcement and a visiting scholar at the Elisabeth Haub School of Law at Pace University.

It’s been three years since the world erupted in outrage when Cecil the lion was selfishly and ineptly hunted down by Minnesota dentist Walter Palmer. The callous killing of Cecil threw a harsh spotlight on the slaughtering of animals for their body parts — “trophies” — so they can be stuffed and hung up on walls in macabre tableaux mounted by insecure men. (Yes, it’s almost exclusively men who participate in this so-called sport.) It’s time for our government to stop being complicit in this indefensible horror.

Earlier this week, the Trump administration announced that the import of body parts of African elephants shot for sport could be allowed on a case-by-case basis. This news came only a few months after the President spoke out against the practice and put the decision on hold. Back in November, President Trump tweeted, “Big-game trophy decision will be announced next week but will be very hard pressed to change my mind that this horror show in any way helps conservation of Elephants or any other animal.”

He was right then and if he meant it, he needs to direct his agency, the Fish and Wildlife Service (FWS), to do its job and protect wildlife, not trophy hunters.

Importing elephant “trophies” is currently illegal unless a government agency allows an exception to the law that is supposed to protect endangered species, and there is no legitimate basis for allowing the body parts of imperiled animals to be imported into our country.

New reports detail Cecil’s last hours. According to the forthcoming book “Lion Hearted: The Life and Death of Cecil & the Future of Africa’s Iconic Cats,” By biologist Andrew Loveridge, after deliberately luring him outside the confines of a national park in order to skirt regulations, Palmer shot Cecil with his first steel arrow but missed his vital organs and major arteries. The majestic lion suffered for 10 to 12 excruciatingly painful hours before finally being “dispatched” with a second arrow from a compound bow.

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"Broadly" featured Pace Health Professor Dr. Erica Gollub in "Will Americans Ever Actually Use the Female Condom?"

03/13/2018

"Broadly" featured Pace Health Professor Dr. Erica Gollub in "Will Americans Ever Actually Use the Female Condom?"

...Dr. Erica Gollub, a health professor at Pace University who has researched female condom use for decades and was involved the product’s initial FDA approval hearings, agrees. “The overriding justification for easing regulatory burdens on this very safe device is clear: to provide another choice in protection against STI/HIV and unplanned pregnancy to both the insertive and the receptive partner in vaginal or anal intercourse,” she says.

“When you look at the package of a female condom, it’s all vaginas all the time.”

Advocates hope that the reclassification will have practical benefits, too. The idea is that once the paperwork and conditions become less onerous, more manufacturers will start producing internal condoms—and, hopefully, producing different kinds of internal condoms, such as models that come with tampon-like applicators for the more squeamish. The greater competition might then drive down prices.

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Statement from President Marvin Krislov on the passing of Erivan Haub

03/12/2018

Statement from President Marvin Krislov on the passing of Erivan Haub

“On behalf of the trustees, students, faculty, and staff of Pace University, I mourn the passing of Erivan Haub, a longtime friend and philanthropic supporter of Pace and especially our law school,” said Pace President Marvin Krislov. “Erivan’s passion for the United States and for the environment, inspired by his mother, Elisabeth, led to the Haub family’s long and successful partnership with Pace. We present the annual Haub Award for Environmental Diplomacy, and in 2016 we were honored to name our law school the Elisabeth Haub School of Law, in recognition of our long partnership and a generous gift from the Haub family. We send our deepest condolences to the Haub family, and most of all to Liliane Haub, Erivan’s daughter-in-law, who serves as a Pace trustee. Erivan’s leadership, friendship, and generosity will not be forgotten.”

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"Yahoo News" featured Law Professor John Nolon in "The Tainted Water Crisis In Upstate New York That Andrew Cuomo Can’t Shake"

03/09/2018

"Yahoo News" featured Law Professor John Nolon in "The Tainted Water Crisis In Upstate New York That Andrew Cuomo Can’t Shake"

...Changing watershed regulations across the state would require transferring many zoning and permitting powers from towns and villages to larger municipal bodies, such as counties or even the state itself. The constitutional grounds to do so are solid, according to John Nolon, a law professor at Pace University and counsel at the school’s Land Use Law Center.

There aren’t legal obstacles to solving the problem, Nolon said, but introducing a bill to strip towns of key powers could be career suicide for a state lawmaker.

“That is a politically very fraught task, because state legislators within the Assembly or Senate, they’re all local politicians and they all run for office,” he said. “When they go home, it’s difficult for them to say, ‘We just took away the town’s power to determine its future.’”

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"The Examiner" featured "Pace Students Vow Change During Tribute to School Shooting Victims"

03/08/2018

"The Examiner" featured "Pace Students Vow Change During Tribute to School Shooting Victims"

More than 100 Pace University students rallied at the school’s campus last Wednesday denouncing gun violence and honoring the 17 people that were gunned down in the Florida high school massacre last month.

Sophomore Lindita Kulla, who grew up about 20 minutes from Sandy Hook Elementary school in Connecticut, organized the Feb. 28 #NeverAgain rally. She explained that since the Sandy Hook tragedy more than five years ago she's had a residual fear of school settings, calling the lockdown that day as a high school freshman a terrifying experience.

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"West Virginia Record" features Pace University in "Professor praises National Energy and Sustainability Moot Court at WVU"

03/08/2018

"West Virginia Record" features Pace University in "Professor praises National Energy and Sustainability Moot Court at WVU"

...This year, students from 22 law schools across the country will gather on the Morgantown campus over a four-day period beginning Thursday, March 8 to deal with the issue of a liquefied natural gas facility and tackle the question of “whether an analysis of the environmental impacts requires consideration of the greenhouse gases that will be released when the natural gas is ultimately combusted in its foreign destination.”

Van Nostrand detailed how he believes the answers the students come up with could spell benefits for society as a whole.

“In particular, the competitors will be debating the applicability of the public trust doctrine, which considers whether the government has an obligation to preserve for current and future generations certain natural resources (air, water, access to coastline),” he said. “Another issue in the problem is whether the government has an obligation to consider the impacts on climate change of the natural gas that flows through natural gas facilities when it prepares and environmental impact statement. We select the issues for the problem based on trend-setting cases currently pending in the federal courts that involve the intersection of energy and environmental law.”

The 22 law schools competing are Appalachian School of Law, College of William and Mary, George Washington University, Louisiana State University, Ohio State University, Pace University, South Texas College of Law Houston, University of Maryland, University of North Carolina, University of North Dakota, University of Pittsburgh, University of Utah, Washburn University, Duquesne University, University of Virginia, and Vermont Law School. Because it is the host law school, WVU will not compete.

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"The Journal News" featured an interview with Ardsley's, Julian McGarvey about the game winning basket that took place at Pace University's Goldstein Center

03/08/2018

"The Journal News" featured an interview with Ardsley's, Julian McGarvey about the game winning basket that took place at Pace University's Goldstein Center

While Ardsley’s boys basketball team was stretching before Monday's practice, senior Julian McGarvey was out of sight conducting a live interview on Sirius’ Mad Dog Radio.

When McGarvey entered the gym as practice was about to begin, there was a line of cameras and reporters waiting for him.

His miraculous buzzer-beater in Saturday's Class A championship game — which went viral over the weekend and is being referred to as “The Heave” — landed at No. 1 on SportsCenter's top plays and has garnered national attention. So one after another, McGarvey politely answered every question.

But as soon as the interviews were done and the room had cleared, he had a message for his teammates.

"It's the first time in Ardsley we've had reporters in our practice," said McGarvey, who is committed to play quarterback at Marist College. "I'm trying to soak it all in.

“I’m sure that they’re trying to soak it all in, too. It’s hard to go from something crazy like that shot to a game in about (72) hours, but once we start practicing and everyone is out of the gym, I’m going to talk to them. I’m going to settle them in and say, ‘The moment was great. It’s over now. It’s time to move on. It’s time to focus on Maine-Endwell and try to make this as deep of a state playoff run as we can.’ ”

Maine-Endwell is the Section 4 champion, which will be the Panthers' opponent in the regional semifinals.

Shortly before Monday's practice, it was announced that the game was being moved up from Wednesday to Tuesday due to concerns about the next nor'easter. It will be played at 4 p.m. at Johnson City High School in the Binghamton-area.

That makes for a quick turnaround for an Ardsley team which hasn't had a chance to catch its breath.

"I woke up this morning and my body — I was mentally drained," McGarvey said. "I was sitting in class and I was almost falling asleep."

As far as coach Sean Cappiello is concerned, getting back on the court is the best outlet they could ask for. 

"This is the most natural thing we can do, which is get back to work and play basketball," he said.

The way that the miraculous shot came together is still hard to fathom.

After missing key free throws with his team trailing by two points, McGarvey redeemed himself in amazing fashion. He intercepted a long inbound pass from Tappan Zee, took one dribble to his right and heaved a one-handed shot from over 70 feet. His last-second prayer dropped at the buzzer to hand Ardsley a shocking 52-51 victory before a standing-room-only crowd at Pace University's Goldstein Center.

It marked the Panthers' first Section 1 title since 1958. 

"It's been a whirlwind since the ball went in the basket," Cappiello said. "I've watched it 50-100 times, and every time I watch it, I keep expecting it to bounce off the back rim. If ever there was a kid who was prepared for a big moment, this is it."

What was the coolest moment so far? McGarvey said he's had a couple.

"I'd say the bus ride home," he said. "When I started seeing it all over the place," noting ESPN, Barstool Sports, and other national outlets.

Read the full article and watch the interview.

 

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"The Hill" features Professor Bennett Gershman's opinion piece about the Russian investigation

03/08/2018

"The Hill" features Professor Bennett Gershman's opinion piece about the Russian investigation

Opinion Piece published in "The Hill"

By: Law Professor Bennett Gershman

Professor Ben Gershman is one of the original faculty members at Pace Law and has taught as a visiting professor at Cornell Law School and Syracuse Law School. While in private practice he specialized in criminal defense litigation. A former prosecutor with the Manhattan District Attorney’s office for six years, he is the author of numerous articles as well as two books on prosecutorial and judicial ethics. He served for four years at the Special State Prosecutor Office investigating corruption in the judicial system.

The House Intelligence Committee’s Democratic memorandum had to be released in order to discredit the committee’s Republican misleading memorandum and expose the White House effort to delegitimize special counsel Robert Mueller’s Russia investigation. Of course, there are unfortunate byproducts: exposure of U.S. intelligence-gathering protocols and procedures, intensifying the partisan warfare in the U.S. over the integrity of our intelligence work, and abetting Russia’s aggressive efforts to exacerbate the turmoil in U.S. politics.

True to form, President Trump blocked release of the heavily-redacted Democratic memo, which was vetted by the Justice Department, calling it “a total political and legal BUST” and “SO ILLEGAL.” Trump warmly endorsed the Republican memo, saying “it totally vindicates me.”  No other president in U.S. history has authorized the public release of secret foreign intelligence information used to obtain a secret foreign surveillance warrant for personal and partisan gain.

The Republican memo purports to reveal “abuses” by the Justice Department and the FBI in seeking a warrant from the Foreign Intelligence Surveillance Court (FISC) to electronically monitor conversations of Carter Page, a former Trump campaign foreign policy advisor. Intelligence officials suspected Page could be an agent of the Russian government. The Democratic memo describes Page’s longstanding ties to Russia, Russian spies’ attempts to recruit him, and why our intelligence agencies sought the surveillance warrant. All of this information is absent in the Republican memo.

The heavily redacted Democratic memo describe Page’s Russian activities, which was the basis for the warrant.

In three subsequent renewals of the FISA warrant, multiple sources (redacted in the Democratic memo) provided additional information of Page’s continuing contacts with several prominent Russian officials after he left the Trump campaign. This information contradicted Page’s testimony before the committee on Nov. 2, 2017 in which he denied any such contacts. The surveillance of Page gave the FBI “valuable intelligence” (heavily redacted in the Democratic memo) of Page’s activities.

The Republican memo claims that the FISA warrant application did not reveal all relevant information about Page. In making this assertion the memo focuses on the “dossier” compiled by former FBI informant Christopher Steele. The dossier describes some of Page’s activities in Russia as well as allegations that Trump while visiting Moscow was involved in salacious sexual activities about which he could be subject to blackmail. The Republican memo asserts that the Steele dossier was an “essential part” of the Page application and that Steele’s bias against Trump was not disclosed in the application. Based, on the Democratic memo, this assertion is false.

Without identifying the sources by name, the FISA application clearly explained the potential bias by Steele, namely, that he was hired by politically motivated U.S. persons and entities in order to discredit Trump’s campaign.   The application disclosed that Steele prepared the dossier on behalf of the Democratic National Committee and the Clinton campaign.

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Distinguished Law Professor Mimi Rocah spoke with Katy Tur on "MSNBC" about Sam Nunberg

03/07/2018

Distinguished Law Professor Mimi Rocah spoke with Katy Tur on "MSNBC" about Sam Nunberg

From "MSNBC:"

Distinguished Law Professor Mimi Rocah spoke with Katy Tur on MSNBC about Sam Nunberg, former Trump aide, refusing to comply with Mueller subpoena.

Watch news clip.

 

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