main navigation
my pace

ABA Journal | PACE UNIVERSITY

News & Events

Sort/Filter

Filter Newsfeed

News Item

ABA Journal featured Pace Law School professors Bridget J. Crawford and Emily Gold Waldman's piece "Do some states really prohibit bringing tampons and pads to the bar exam?"

07/24/2020

ABA Journal featured Pace Law School professors Bridget J. Crawford and Emily Gold Waldman's in "Do some states really prohibit bringing tampons and pads to the bar exam?"

Bridget J. Crawford and Emily Gold Waldman, Pace Law School professors, wrote a column on Law.com urging states to allow bar exam test-takers to bring their own menstrual products, rather than providing the items in public bathrooms.

Read the full ABA Journal article.

News & Events

Sort/Filter

Filter Newsfeed

News Item

"ABA Journal" featured dean of the New York State Judicial Institute at the Elisabeth Haub School of Law at Pace University judge Juanita Bing Newton in "Bullying from the bench: A Wave of bad behavior has put scrutiny on judges"

03/06/2019

"ABA Journal" featured dean of the New York State Judicial Institute at the Elisabeth Haub School of Law at Pace University judge Juanita Bing Newton in "Bullying from the bench: A Wave of bad behavior has put scrutiny on judges"

“The job of a judge is very isolated, very demanding—very difficult,” says Juanita Bing Newton, a judge for the New York State Court of Claims who now serves as dean of the New York State Judicial Institute at the Elisabeth Haub School of Law at Pace University, which trains judges throughout the state. “Imagine you are sitting there and have the lives of children in your hand,” she says. “Or have to decide whether or not to set aside a verdict in a multimillion-dollar malpractice case.”

She adds that judges, like everybody else, have stress in their lives. 

“They have mortgages to pay—have issues with family and home,” she says, adding that the institute offers sessions for judges on wellness and coping with stress.

But beyond simply manifesting stress, some judges also exhibit “black robe disease”—the courthouse lingo describing judges who abuse their authority.

“Black robe disease is very real,” says Larry Turner, the Gainesville, Florida, attorney who represented Murphy at his judicial conduct hearing, and who was also a judge for eight years.

Read the full article.

News & Events

Sort/Filter

Filter Newsfeed

News Item

"ABA Journal" featured Law Professor Bennett Gershman in "Harvey Weinstein is indicted; could other accusers testify at trial?"

06/04/2018

"ABA Journal" featured Law Professor Bennett Gershman in "Harvey Weinstein is indicted; could other accusers testify at trial?"

Producer Harvey Weinstein opted not to testify before a grand jury that indicted him Wednesday on charges of rape and criminal sexual assault.

A lawyer for Weinstein, Benjamin Brafman, said Weinstein didn’t testify before the Manhattan grand jury because he was denied access to information and there wasn’t enough time to prepare, report the National Law Journal, the New York Times and the Washington Post.

One count, alleging a first-degree criminal sexual act, accuses Weinstein of forcing a woman to perform oral sex in 2004. First and third-degree rape counts involve alleged sex by “forcible compulsion” in 2013. According to the New York Times, one of the women who accused Weinstein said the oral sex occurred during what she thought would be a casting meeting at the Miramax office in TriBeCa. The rape allegedly occurred at a DoubleTree hotel.

The most serious charges carry a possible sentence of five to 25 years in prison.

Brafman says the sex was consensual. He said the woman who accused Weinstein of rape had a 10-year consensual relationship with him that continued after the alleged incident in 2013.

The Hollywood Reporter published a story that considered whether prosecutors would be able to introduce evidence of prior incidents at trial. The story noted that five women testified at the retrial of Bill Cosby about “prior bad acts” in which they said Cosby drugged and assaulted them. Cosby was convicted in April of sexually assaulting a Temple University employee, and the bad acts testimony is likely to be the most significant issue in Cosby’s appeal.

Mark Bederow, a former prosecutor in the Manhattan District Attorney’s office, told the Hollywood Reporter that evidence of prior bad acts is generally not allowed. Prosecutors can’t introduce such testimony to show the defendant is a bad person, but they may be able to get the testimony admitted to show the defendant committed a signature type of crime, the New Yorker reported in 2016.

“I suppose when it comes to Weinstein, they will argue a ‘casting couch’ scenario,” Bederow said. “The defense will oppose this vigorously, and if they lose, their task becomes Herculean. It’s always a balancing act between relevance and prejudice.”

Bederow also said the defense would like seek to have the two alleged crimes tried separately to avoid prejudice.

Another expert, Pace law professor Bennett Gershman, said he expects a plea bargain rather than a trial.

Read the article.