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					A YEAR OF EXCELLENCE IN REVIEW 2007–2008
MESSAGE FROM THE DEAN




                                                        Dean Michelle Simon




     We are living in one of those recurrent periods in American history when legal
     and constitutional issues form an important element in the consideration of so
     many of the major issues confronting our country. As a law school, we have a
     responsibility to bring some of the finest minds to campus to challenge and
     explore the most important legal and public policy issues of our time. In 2006-
     2007, Pace Law School sponsored several vibrant and exciting discussions.

     In October 2006, we had the privilege to organize and host the annual
     Colloquium of the International Union for the Conservation of Nature and
     Natural Resources (IUCN) Academy of Environmental Law, the first
     convened in the United States. Over the course of the year, we have examined
     an incredibly wide range of subjects: the lessons from Enron, same-sex
     marriage, governance reform for prisons, the role of the rule of law in bringing
     the West and the Islamic world together, the executive branch’s impact on the
     attorney-client relationship, the future of private public interest law, resolving
     the conflict between environmental protection and economic development,
     and others.

     The objective of promoting public debate and discussion is higher education
     broadly conceived, and we take it very seriously as a part of Pace Law School’s
     mission. We embrace the challenge of deepening public understanding of the
     legal and policy aspects of the challenges facing America.




     Dean Michelle Simon
                                                                                                                                        TABLE OF CONTENTS

Special Lectures and Symposia

    Protecting a Fragile Planet:
    Pace Law School Brings Together the World's Leading Experts on Environmental Law . . . . . . . . . . . . . . . . . . . . . . . . . .2

    Landmark Torts Case Reargued at Pace Law School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

    Women and the Art of Negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

    Hamdan v Rumsfeld Attorney Comes to Pace to Discuss Landmark Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5



Annual Academic Lecture Series

    The Prison Crucible: Race and the American Penal System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

    “From Silent Spring to Sweltering Summers – The Past and Future of Private Public Interest Law” . . . . . . . . . . . . . . .7

    Blank Lecture Examines the Executive Branch Exceeding its Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

    Pace Law Lecture Explores Islam, the West, and the Rule of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

    Renowned Peacemaker, Theodore W. Kheel, Explores the Conflict between conservatism and Development . . . . . .10



Public Policy Lecture Series

    Should State Legislatures Approve Same-Sex Marriage? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

    Lessons from the Enron Scandal Explored at Pace Law School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12



Moot Court Competitions

   Fourteenth Annual Willem C. Vis Moot Brings Students Together from 178 Universities and 51 Countries . . . . . . . . . .13

   Representatives from 65 Law Schools Participate in Pace’s Environmental Law Moot Court Competition . . . . . . . . . .14

   Pace Law School Hosts Second Annual Pace International Criminal Court Moot Competition . . . . . . . . . . . . . . . . . . . .15

   Pace Law School Grand Moot Court Competition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

   Pace Law School First Year Moot Court Competition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17




                                                                                                                                                                                        1
    SPECIAL LECTURES AND SYMPOSIA

       Protecting a Fragile Planet:
          Pace Law School Brings
     Together the World’s Leading
    Experts on Environmental Law

“The worst thing that can happen to the
environment is if it becomes the province of a
single political party,”
– Professor Robert F. Kennedy Jr.                                            Professor Robert F. Kennedy Jr.


    Last October, hundreds of international delegates       Robinson inaugurated and cochaired the first three
    gathered at Pace Law School for one of the year’s       IUCN Academy colloquia - in Shanghai in 2003,
    largest and most important environmental sum-           on sustainable energy law with Professor Richard
    mits on the planet, a weeklong colloquium that          Ottinger; in Nairobi in 2004, on sustainable land
    reaffirmed the school’s stature as an international     use practices with Professor John Nolon; and in
    leader in environmental law.                            Sydney in 2005, on biodiversity protection with
                                                            Professor Ann Powers - and the 2007 conference in
    The summit was the fourth annual colloquium of          Paraty, Brazil, in June.
    the International Union for the Conservation of
    Nature and Natural Resources (IUCN) Academy             The colloquium - cosponsored by the NAFTA
    of Environmental Law, and the first convened by         Commission on Environmental Cooperation
    the Academy in the United States. From October          (CEC) and by the International Network for
    16 to 20, 2006, academics, judges, legal profession-    Environmental Compliance and Enforcement
    als, government lawyers, and activists met at the       (INECE) - drew more than 220 delegates from 47
    New York State Judicial Institute on the Pace Law       nations. They represented 65 universities, numer-
    School campus to share experiences, forge partner-      ous government agencies, and dozens of interna-
    ships, hatch plans to train a new generation of         tional and national organizations, many of them
    environmental lawyers, and step up efforts to cre-      leading the fight to protect natural resources in
    ate models for enforcement and compliance.              their respective countries by suing environmental
                                                            offenders.
    Delegates ended the summit by gathering at the
    United Nations in the Trusteeship Council               Viewed as a step toward building the legal founda-
    Chamber, where they delivered a message to diplo-       tions for a sustainable world, the 2006 colloquium
    mats on the urgent need for the international com-      covered a web of complex issues, including domes-
    munity to strengthen environmental law compli-          tic and international law, trade agreements and the
    ance and enforcement.                                   environment, the Kyoto Protocol and efforts to
                                                            diminish greenhouse gases, cross-border river pollu-
    “This was a reaffirmation of all of the work that has   tion, corporate social responsibility, and the impact
    been accomplished since the 1972 Stockholm confer-      of culture and custom on environmental efforts.
    ence on the human environment,” said Pace Law
    Professor Nicholas A. Robinson, founder and chair       Professor Robert F. Kennedy Jr., codirector of the
    of the IUCN Academy of Environmental Law.               Pace Environmental Litigation Clinic, delivered a
    “Stockholm was the first international conference       keynote address that touched on the political bat-
    ever to say that the environment is not just a local    tle lines faced by environmentalists. “The worst
    problem, it’s a global problem; and the Academy’s       thing that can happen to the environment is if it
    colloquium at Pace was a dramatic demonstration of      becomes the province of a single political party,”
    the interdependence of the environmental problems       he said. Environmental work should be “nonpar-
    of the world and our ability to work on them in a       tisan or bipartisan” and an act stemming from
2   mutually reinforcing and complementary way.”            our character.
                                                          SPECIAL LECTURES AND SYMPOSIA

                                                        Landmark Torts Case
                                                        Reargued at Pace Law School




                                                        “The Scales of Justice:
                                                        A Reargument of Palsgraf v Long Island R.R.”


Pace Law School in conjunction with the               The program created a reargument of the appeal
Historical Society of the Courts of the State of      and review of the Cardozo decision as though it
New York and the Westchester County Bar               occurred a few days after the Cardozo decision was
Association presented “The Scales of Justice: A       handed down. Counsel for Mrs. Palsgraf and coun-
Reargument of Palsgraf v Long Island R.R.” on         sel for the Long Island Railroad Company each
November 9, 2006, at the New York State Judicial      made arguments peppered with questions from the
Institute on the Pace Law School campus.              bench. The distinguished bench then conducted an
                                                      open consultation and rendered its decision.
On April 25, 1924, a man was fighting his way onto
a crowded car of the Long Island Railroad at the      The evening’s emcee was Hon. Albert M.
East New York station. A railroad guard attempt-      Rosenblatt, Associate Judge of the New York
ed to help the passenger board and caused the pas-    Court of Appeals. Judge Rosenblatt is president of
senger to drop his package. Unbeknownst to the        the Historical Society of the Courts of the State of
guard, the package contained fireworks. The fire-     New York. Participants included Hon. Lewis
works exploded, reportedly knocking down scales       Lubell, Supreme Court Justice, White Plains, NY,
at the other end of the platform, which injured       as attorney for Mrs. Palsgraf; Hon. Robert S.
Helen Palsgraf. Mrs. Palsgraf sued the railroad       Smith, Associate Judge, New York State Court of
claiming her injury resulted from the negligent       Appeals, as attorney for the Long Island R.R. Co.;
acts of the railroad employee. The jury found for     and the bench: Hon. Sondra Miller, director, OCA
Mrs. Palsgraf. The Court of Appeals dismissed         Office of Family Services (chief judge); Hon.
Mrs. Palsgraf’s complaint, deciding, in an opinion    Charles L. Brieant, U.S. District Judge, Southern
written by Benjamin Cardozo, that the relation-       district; Stephen J. Friedman, dean of Pace Law
ship of the employee’s actions to Mrs. Palsgraf’s     School; Janet A. Johnson, professor of law, Pace
injury was too indirect to make him liable. The       Law School; and Kevin J. Plunkett, Esq., partner,
three-judge dissent, by contrast, saw the case as a   Thacher Proffitt & Wood.
matter of proximate cause – Mrs. Palsgraf’s injury
could be traced to the wrong done by the guard in
pushing the passenger holding the package of
explosives. Palsgraf is standard reading for first-
year law students in tort law.




                                                                                                             3
    SPECIAL LECTURES AND SYMPOSIA

                          Women and the
                        Art of Negotiation




“Reputation will go a long way – be yourself”
– Ann Farrissey Carlson                                                    Deb Volberg Pagnotta




    Do women negotiate differently? If so, how, why           ing along a stalled negotiation, a lawyer/negotiator
    and when? Is this a good thing or bad? How do you         in a matrimonial matter may be more likely to
    become and be perceived of as a great negotiator?         involve the client in the actual negotiation process,
                                                              as opposed to a personal injury lawyer who more
    On September 27, 2007, Pace Law School’s Center           typically might handle the negotiations without the
    for Continuing Legal Education in conjunction             client present.
    with the Westchester Women’s Bar Association’s
    general membership meeting, held a program on             Discussion ranged from management of client
    “Women and the Art of Negotiation” at the New             expectations and establishing yourself as a reason-
    York State Judicial Institute. Panelists included pre-    able negotiator to overcoming sometimes negative
    eminent Westchester lawyers Ann Farrissey                 assumptions about women negotiators. Sound
    Carlson, Kathleen Donelli, Jane Bilus Gould, and          advice included being patient, honorable, and pre-
    Lucille Fontana. Moderator Deb Volberg Pagnotta,          pared. Perhaps the most intriguing and unexpected
    an experienced employment lawyer who runs the             advice, courtesy of Lucille Fontana, was to bake
    consulting practice Interfacet, Inc., posed a series of   brownies if necessary. From the most pragmatic to
    contemporary questions and scenarios for the panel        the theoretical, the audience found the advice to be
    to discuss for an audience of nearly 150 legal and aca-   rich and varied, taking with them practical, real-life
    demic professionals.                                      advice to use in every area of law and in life.
    While the panel recognized that there may be some         In closing, the panelists each gave the following sin-
    profound and practical differences in negotiating         gle statement about how to succeed in negotiations:
    styles between men and women – or, more accurate-         Carlson, “Reputation will go a long way – be your-
    ly, from person to person – the participants also         self;” Donelli, “Power is about preparation;” Gould,
    proffered sound advice on how each lawyer should          “Believe in a kernel of truth of your case;” and
    develop his or her own style. Each panelist brought       Fontana, “Never let them see you are afraid.”
    her own unique set of experiences and perceptions
    to bear, from the practice of employment law to
    matrimonial to commercial practice and personal
    injury. Negotiation styles and choices may differ
    based on the substantive area: for example, in mov-




4
                                                           SPECIAL LECTURES AND SYMPOSIA

                                                         Hamdan v Rumsfeld
                                                         Attorney Comes to Pace to
                                                         Discuss Landmark Case


                                                         “To characterize Hamdan as about the powers
                                                         of the President and Congress itself misses a
                                                         big part of the point.”
                        Professor Neal Kumar Katyal
                                                         – Professor Neal Kumar Katyal



Professor Neal Kumar Katyal, Georgetown                Katyal has represented uniformed men and
University Law School, came to Pace Law School         women in the Armed Services who challenged the
on April 9, 2007, to discuss Hamdan v. Rumsfeld, a     Guantanamo policy. An expert in national securi-
case he won in the United States Supreme Court         ty law, the American Constitution, the Geneva
that challenged the policy of military trials at       Conventions, and the role of the President and
Cuba’s Guantanamo Bay Naval Station. Katyal            Congress post 9-11, Katyal forged a worldwide
was honored by the Asian American Law                  coalition of support for his challenge to the
Students Association and spoke to a group of           Guantanamo policy, including 422 members of the
about 80 law students.                                 European and British parliaments and several for-
                                                       mer generals and admirals of the United States
On June 29, 2006, the Supreme Court sided with         Armed Forces.
Katyal by a 5-3 vote, finding that President George
W. Bush’s tribunals violated the constitutional        He previously served as National Security
separation of powers, domestic military law, and       Adviser in the U.S. Justice Department and was
international law.                                     commissioned by President Bill Clinton to write a
                                                       report on the need for more legal pro bono work.
“To characterize Hamdan as about the powers of         He also served as Vice President Al Gore’s co-
the President and Congress itself misses a big part    counsel in the Supreme Court election dispute of
of the point,” said Katyal. “I ask you to forget       2000, and represented the deans of most major pri-
about all of this seventh-grade civics stuff for a     vate law schools in the 2003 University of
moment and instead reflect upon what happened          Michigan affirmative-action case, Grutter v.
on that day. This is what I said to the media on the   Bollinger.
steps of the Supreme Court following the decision:
                                                       Katyal clerked for Supreme Court Justice Stephen
  Just think of it. What happened today, some          Breyer, as well as Judge Guido Calabresi of the
  little guy [with] a fourth-grade education           U.S. Court of Appeals. He attended Dartmouth
  Yemeni, like Mr. Hamdan, who was accused             College and Yale Law School. He has published
  of conspiring with one of the most horren-           and lectured extensively on topics of constitution-
  dous individuals on the planet, can sue the          al and national security law, among others. Katyal
  most powerful man in the world and win in            won the 2004 National Law Journal pro bono
  our highest court. That is something that is         award for his Guantanamo work.
  fundamentally great about America and
  something we should be celebrating to the
  rest of the world. In no other country would
  this be possible.

                                                                                                             5
    ANNUAL ACADEMIC LECTURE SERIES

                  The Prison Crucible:
               Race and the American
                        Penal System


“If the United States is ever to achieve the
dream that Martin Luther King laid out for us,
the path we must follow surely will take us to
all [the prisons the country].”
– Professor Michael B. Mushlin                                    Professor Michael B. Mushlin




    Pace Law School Professor Michael B. Mushlin             Prison Litigation Reform Act, which makes it hard-
    revealed the “shadow world” of American prisons          er for prisoners to file lawsuits in federal court; use
    in the James D. Hopkins Chair in Law Memorial            the Eighth Amendment “to protect American dig-
    Lecture, March 28, 2007, held at the New York State      nity;” overturn Turner v Safley, which involves the
    Judicial Institute on the Law School campus.             constitutionality of prison regulations; provide
                                                             meaningful prison oversight; and restore and
    In his lecture, “The Prison Crucible: Race and the       expand effective prison programming.
    American Penal System,” Mushlin, who is the cur-
    rent James D. Hopkins Professor of Law, explored         “If the United States is ever to achieve the dream
    the history of prisoners’ rights, the exploding          that Martin Luther King laid out for us, the path we
    prison population in the United States, the current      must follow surely will take us to all [the prisons in
    conditions in U.S. prisons, as well as the disparate     the country].” If we take that path, “we will trans-
    impact those prison conditions have on African-          form the law of prisoners’ rights and in the process
    American men and their communities.                      reform the American prison system … a prison sys-
                                                             tem that is [then] worthy not just of the inmates,
    Facing the two million prisoners in the United           but, much more importantly, that is worthy of this
    States, 11 per cent of which are African-American        great nation.”
    men, are conditions such as violence, overcrowd-
    ing, inadequate medical care, the rise of Supermax,      Mushlin currently serves as a member of the
    cuts in vocational and educational programs, the         American Bar Association’s Task Force on the
    increase in the number of mentally ill inmates, and      Legal Status on Prisoners and has been nominated
    prison location, which in many cases is tantamount       to the New York City Bar Executive Committee
    to “banishment.”                                         for a three-year term beginning in the 2007-2008
                                                             year. He previously served on the Committee on
    Inside what Mushlin called the “prison crucible,”        Federal Courts of the New York City Bar and was
    one will find a lack of basic legal protections, harsh   chair of the Association’s Committee on
    counterproductive prison conditions that are             Corrections. He is a member of the Board of
    imposed on an unprecedented number of                    Directors of the Correctional Association of New
    Americans, and a disproportionate number of those        York and served as its chair for four years. He was
    people being African-American. This lack of fair-        the Project Director of the Prisoners’ Rights Project
    ness, Mushlin said, “undermines the civil rights         of the Legal Aid Society and Associate Director of
    movement.”                                               the Children’s Rights Project of the ACLU.
    Mushlin said that legally the key to bringing the
    shadow world into the light is to dismantle the

6
                                                           ANNUAL ACADEMIC LECTURE SERIES

                                                           “From Silent Spring to
                                                           Sweltering Summers — The
                                                           Past and Future of Private
                                                           Public Interest Law”

                                                           “Groups with big names and advertising budgets
                                                           represent only one variety of how public interest
                                                           environmental law is being practiced today,”
            Professor John E. Bonine
                                                           – Professor John E. Bonine



John E. Bonine, professor of law at the University       Bonine has devoted his 35-year legal career to cre-
of Oregon School of Law, presented the Thirteenth        ating, implementing, and enforcing environmental
Annual Lloyd K. Garrison Lecture on                      law. He began in 1972 as a legislative assistant in
Environmental Law, on March 19, 2007, at Pace Law        the U.S. Senate, continued at the U.S.
School. His lecture, “From Silent Spring to              Environmental Protection Agency where he was
Sweltering Summers – The Past and Future of              associate general counsel for Air, Noise, and
Private Public Interest Law,” discussed how the          Radiation, and has taught at the University of
future cooling of the planet lies largely in the hands   Oregon since 1978.
of new lawyers who will be willing to travel where
no guides and no existing trails can take them.          Bonine cofounded the world’s first law school
                                                         Environmental Law Clinic in 1978, as well as the
“Groups with big names and advertising budgets           renowned Public Interest Environmental Law
represent only one variety of how public interest        conferences. He has litigated extensively, estab-
environmental law is being practiced today,” he          lishing such precedents as obtaining documents
told an audience of Pace Law students, professors,       under the Freedom of Information Act to sue the
and academic and legal professionals. “Public            government, helping initiate and prosecute the
interest law is thriving in a small law office in        first cases to protect the Northern Spotted Owl,
southwest Colorado and a student law clinic near         defending the use of the precautionary principle
the bayous of southern Louisiana”, he said.              and “technology-forcing” by the EPA, and requir-
Important precedents come from lawyers who go            ing environmental impact statements to be written
to work in boats in Alaska, as much as they do           in plain language and to disclose the worst case
from those in suits and ties in New York or              possibilities of projects. He has authored books
Washington.”                                             and articles on such themes as pollution control
                                                         and access to justice for citizens.
Bonine added that the environmental law move-
ment began with private lawyers in the 1950s, more       Since 1983, Bonine has worked to promote the “pri-
than a decade before nonprofit law firms existed.        vate public interest bar,” cofounded the 60-nation
He described cases in which private lawyers blazed       Environmental Law Alliance Worldwide (E-
trails from the early DDT litigation on Long             LAW) in 1989, created a domestic network of 250
Island to the historic Storm King litigation in the      environmental law enforcers in 1990, and created a
1960s. He went on to say: “In the 21st century, big      worldwide network of 400 environmental law pro-
nonprofit law firms generate publicity, have nice        fessors in 1991.
Web sites, and publish their own magazines and
newsletters. But private lawyers and smaller non-
profits play an even larger role in developing pub-
lic interest environmental law.”
                                                                                                               7
    ANNUAL ACADEMIC LECTURE SERIES

       Blank Lecture Examines the
                 Executive Branch
              Exceeding its Power


“To preserve the most fundamental freedoms of
our profession and our nation, all lawyers must
understand the consequences of the executive
branch's attempt to aggregate power to itself.”
– Jonathan G. Blattmachr, Esq.                                President Stephen J. Friedman and Jonathan G. Blattmachr




    “A lawyer’s ability to vigorously represent his or her   and attempt to curtail attorney-client communica-
    clients currently is under attack by the federal gov-    tions. These regulations cause lawyers to under-
    ernment,” according to Jonathan Blattmachr, Esq.,        represent clients, and ultimately have a deleterious
    who presented the Sixteenth Philip B. Blank              effect on the entire legal profession.”
    Lecture on Attorney Ethics at Pace Law School on
    March 5, 2007.                                           “To preserve the most fundamental freedoms of our
                                                             profession and our nation, all lawyers must under-
    In his lecture, “Suicide of the Guardians: The           stand the consequences of the executive branch’s
    Executive Branch, Tax Regulations, and the               attempt to aggregate power to itself,” he said.
    Attorney-Client Relationship,” Blattmachr, a part-
    ner in Milbank, Tweed, Hadley & McCloy LLP,              Jonathan G. Blattmachr, Esq., is a member of the
    explored how the executive branch may be exceeding       Alaska, California, and New York bars. He has
    its authority in attempting to control aspects of the    served as a lecturer-in-law of the Columbia
    attorney-client relationship.                            University School of Law and as an adjunct profes-
                                                             sor of law at New York University Law School. He
    Blattmachr cited two Supreme Court cases in partic-      currently is an adjunct professor at Pace Law
    ular as increasing executive power. The 1984 case of     School, where he teaches Estate & Gift Taxation.
    Chevron USA Inc. v NRDC, which handed legislative        Blattmachr is a former chair of the Trusts & Estates
    power over to the executive branch and, more recent-     Law Section of the New York State Bar
    ly, the 1997 case of Auer v Robbins, which gave inter-   Association and he has served on many other com-
    pretive decision to the executive.                       mittees of the New York State Bar Association and
                                                             the American Bar Association. Blattmachr is a fel-
    In the case of Chevron, he said, “By issuing a regula-   low and a former regent of the American College of
    tion, which is going to be tested on the basis of        Trust and Estate Counsel and past chair of its
    whether it’s arbitrary, capricious, or inconsistent      Estate and Gift Tax Committee.
    with the clear language of the statute, [the executive
    branch] can overturn cases, including decisions of       He is author or co-author of over 300 articles and five
    the Supreme Court.” With this decision, according        books on estate and tax planning topics, including a
    to Blattmachr, the courts have “handed legislative       new book on Circular 230 published by the
    power from the Congress over to the executive            Practising Law Institute. He has been designated as
    branch.” The result of which “both undermine the         a Distinguished Accredited Estate Planner by the
    vitality of the legislative and judicial branches of     National Association of Estate Planners & Councils.
    government and, ironically, harm the executive           Blattmachr is a co-developer of Wealth Transfer
    branch itself,” he told the capacity audience gath-      Planning, a software system published for lawyers,
    ered in the Judicial Institute lecture hall.             which provides specific client advice and automated
    “Particularly in the tax and estate planning con-        document-assembly for wills, trusts, powers of
8   texts, administrative regulations now intrude into       attorneys, and other estate planning documents.
                                                         ANNUAL ACADEMIC LECTURE SERIES

                                                         Pace Law Lecture
                                                         Explores Islam, the West,
                                                         and the Rule of Law



                                                         “The effort to appreciate different legal tradi-
                                                         tions must begin with locating shared values.”
                            Dr. Mark D. Welton           – Dr. Mark D. Welton



“What is the rule of law and is it a concept on        perhaps the most important problem facing mod-
which the West and the Islamic world can find          ern legal scholars and leaders today who seek to
common ground,” asked Dr. Mark D. Welton dur-          renew or expand the scope of the sharia as a basis
ing Pace Law School’s Twenty-First Blaine Sloan        for their states’ legal systems.”
Lecture on International Law on January 26, 2007.
Welton, a professor of International and               In the end, Welton concluded that with the foun-
Comparative Law and program director for               dation of the rule of law, people have a greater
International and Comparative Legal Studies at         degree of confidence that the “government and the
the U.S. Military Academy at West Point, pro-          courts will enforce the rules fairly when problems
posed a conception of the rule of law that acknowl-    arise. It is these conditions that give people a stake
edges both western and Islamic legal history and       and confidence in the future of their country.” He
norms, and can provide a framework for discourse       called the roots of the rule of law in Western and
and understanding between the two legal cultures       Islamic cultures a “very good place to start.”
in his lecture, “Islam, the West, and the Rule of      Mark D. Welton, JSD, is professor of International
Law.”                                                  and Comparative Law, and is the program director
“The effort to appreciate different legal traditions   for the major in International and Comparative
must begin with locating shared values,” Welton        Legal Studies. His main area of academic interest
told the capacity audience of students, faculty, and   is Islamic law and jurisprudence; he also studies
academic and legal professionals in the Judicial       comparative constitutional law and the legal sys-
Institute Lecture Hall. “One value common to           tem of the European Union.
both the western and Islamic legal traditions is the   He has published extensively on the subject of
rule of law. European and Islamic history informs      Islamic law and has presented on the subject on
us that when the rule of law is strong, other          numerous occasions for the New York City Bar
virtues, including human rights, civil society, and    Association; Foreign and Comparative Law
economic growth, are more likely to thrive.”           Committee, New York City Bar Association; New
However, he stated that the “inherent conceptual       York National Guard; Royal Netherlands Army
difficulty of deriving a consistent, clear and rela-   Staff College; Canadian Judge Advocate General’s
tively permanent set of rules from the sources of      Corps Legal Program; and at the College of
Islamic law to meet modern social conditions is        William and Mary Law School.




                                                                                                                9
     ANNUAL ACADEMIC LECTURE SERIES

               Renowned Peacemaker,
                   Theodore W. Kheel,
                 Explores the Conflict
                between conservatism
                    and Development

“The most influential peacemaker in New York
City in the last half-century”
– The New York Times                                                Theodore W. Kheel




     Pace Law School welcomed Theodore W. Kheel,           approach to identifying common ground and his
     one of America’s most distinguished professional      ability to maintain a voice of reason amid many
     mediators and one of New York City’s most influ-      opposing voices have made it possible for him to
     ential public advocates, as guest speaker for the     settle some of the most difficult labor disputes of
     Seventh Annual Gilbert and Sarah Kerlin Lecture       the 20th century.
     on Environmental Law on October 30, 2006. Kheel,
     who is of counsel to Paul, Hastings, Janofsky &       Kheel has been a member of numerous fact-find-
     Walker LLP and president of the Nurture Nature        ing boards appointed by presidents, governors, and
     Foundation, spoke on “Resolving the Conflict          mayors. He gained notoriety early in his career for
     between Environmental Protection and Economic         his mediation of a strike against the New York
     Development” to a capacity crowd of legal and aca-    City newspapers. His outstanding talent for get-
     demic professionals and students.                     ting the parties of a dispute to think in terms of
                                                           solutions instead of problems has been evident to
     Kheel explained the “bitter conflict” as one that     leaders in the nation’s highest offices, including
     “continues to intensify with environmentalists        President Lyndon Johnson, who enlisted his help
     overlooking the cost of the solutions they propose    in mediating a nationwide railroad dispute. In
     and developers disregarding environmental con-        recognition of his long track record in conflict res-
     cerns that adversely impact their bottom lines.”      olution, the New York Times declared him “the
     Going into depth on the 1992 United Nations           most influential peacemaker in New York City in
     Conference on Environment and Development in          the last half-century” and Business Week dubbed
     Rio de Janeiro, Kheel detailed the challenges of      him the “Master Locksmith of Deadlock
     sustainable development and its relationship to the   Bargaining.”
     environment. For example, “environmental and
     business organizations have no established rela-      Kheel is a 1935 graduate of Cornell University, AB,
     tionship and they have no obligation to meet with     and Cornell Law School, LLB 1937. He has been a
     each other,” as they do in labor and management       member of the New York Bar Association
     disputes. For the future, some organizations like     since 1937, and is a member of the American
     the Nature Network are trying to work with devel-     Arbitration Association and the Academy of
     opers toward implementing successfully the idea       Arbitrators. He is the author of the ten-volume
     of sustainable development.                           treatise, Kheel on Labor Law, as well as a book on
                                                           the basic principles of conflict resolution, The Keys
     An esteemed lawyer and professional arbitrator,       to Conflict Resolution.
     Theodore W. Kheel has participated in the resolu-
     tion of more than 30,000 labor disputes. His


10
                                                                  PUBLIC POLICY LECTURE SERIES

                                                            Should State Legislatures
                                                            Approve Same-Sex Marriage?




                                                            “Rights, benefits, and protections of civil
                                                            marriage can further strengthen these families.”
                                                            – Evan Wolfson



Moderated by President Stephen Friedman, this             threaten marriage as an institution; and the public
latest installment of the Public Policy Lecture           and private dimensions of marriage.
Series pitted David Blankenhorn, founder and
president of the Institute for American Values,           David Blankenhorn is founder and president of the
against Evan Wolfson, executive director of               Institute for American Values, a private, nonparti-
Freedom to Marry, in a debate on whether state            san organization devoted to contributing intellec-
legislatures should legalize same-sex marriage.           tually to the renewal of marriage and family life
The event, which was held in the New York State           and the sources of competence, character, and citi-
Judicial Institute on the Pace Law School campus,         zenship in the United States.
also aired on C-Span.                                     Blankenhorn has co-edited five books on marriage
In the March 14, 2007, debate, David Blankenhorn          and the American family. In 1994, Blankenhorn
stressed that everyone should be treated equally, but     helped to found the National Fatherhood Initiative,
that “because children have less of an ability to speak   serving as that organization’s founding chairman. He
for themselves and because they’re more vulnerable        also serves on the board of directors of the National
their needs should trump the adult needs in this          Parenting Association. In 1992, he was appointed by
question.” Blankenhorn claims that it’s not just about    President Bush to serve on the National Commission
letting more people into the institution of marriage,     on America’s Urban Families.
but is changing the institution for everyone.             Evan Wolfson is executive director of Freedom to
Wolfson, on the other hand, likened this debate to        Marry, the gay and non-gay partnership working
the laws that prohibited interracial marriage, which      to win marriage equality nationwide. Before
were eventually overturned. He also cited such pro-       founding Freedom to Marry, Wolfson served as
fessional organizations as the American Academy           marriage project director for Lambda Legal
of Pediatrics to prove his point that children raised     Defense & Education Fund, was co-counsel in the
by same-gender parents fare as well as those raised       historic Hawaii same-sex marriage case Baehr v
by hetero-sexual parents. He went on to say that          Miike, and participated in numerous gay rights and
the “rights, benefits, and protections of civil mar-      HIV/AIDS cases.
riage can further strengthen these families.”             Citing his national leadership on marriage equali-
Both panelists believed that civil unions were not        ty and his appearance before the U.S. Supreme
an acceptable alternative; other topics discussed         Court in Boy Scouts of America v. James Dale, the
included the contradiction between people who             National Law Journal in 2000 named Wolfson one of
support gay rights but do not support gay mar-            “the 100 most influential lawyers in America.” In
riage; what rights should be given to gay couples -       2004, Wolfson was named one of the “Time 100,”
including tax treatment, inheritance rights, immi-        Time magazine’s list of “the 100 most influential
gration rights, etc; would same-sex marriage              people in the world.”
                                                                                                                  11
     PUBLIC POLICY LECTURE SERIES

                     Lessons from the
               Enron Scandal Explored
                   at Pace Law School




     The collapse of Enron in 2001 sent shockwaves          The second panelist, Raymond Troubh, had served
     through the global economy. The company that           as a professional director to numerous companies
     had appeared to be recasting the nation’s energy       before becoming chairman of the Enron board
     sector had achieved miraculous growth over the         after the collapse. He then led the group of new
     previous few years. With a market capitalization       directors who oversaw the internal investigation.
     of $65 billion, Enron had eclipsed all but a handful   Troubh believes that enhanced disclosure and eth-
     of U.S. companies. It enjoyed the oversight of a       ical standards such as those required by the
     blue-chip board of directors. And yet, within a        Sarbanes-Oxley regime are not perfect, but that
     matter of months, this icon had disintegrated in       they do provide more meaningful guidance for
     the largest bankruptcy in U.S. history.                officers. He believes that investors will be best pro-
     Shareholders - including thousands of employees        tected with a regulatory framework that reflects
     who had their entire pensions invested in Enron        historical experience.
     stock - were wiped out. In the ensuing fury,
     Congress passed sweeping legislation to address        Pace Law School former Dean Stephen J.
     alleged oversight failures. Eventually, several sen-   Friedman, who served previously as an SEC
     ior executives were convicted on fraud and con-        Commissioner and as general counsel to large
     spiracy charges and sentenced to prison.               financial services companies, emphasized the ethi-
                                                            cal and legal obligations of lawyers to advise their
     Pace Law School’s September 13, 2006, high profile     clients away from shady dealings. Along with
     discussion asked how well we learned the lessons       Troubh, he emphasized the relevance of these obli-
     of Enron. The first panelist, former U.S. Deputy       gations for companies such as Hewlett-Packard
     Attorney Larry Thompson had overseen the gov-          currently facing issues arising out of board mis-
     ernment’s investigation and formulated the result-     takes and missteps dealing with them.
     ing changes in prosecutorial standards. He defend-
     ed the so-called Thompson Memorandum from              New York Times senior financial correspondent
     accusations that it was too harsh by noting that       Floyd Norris chaired the session, asking pointed
     regulatory frameworks can address only the last        questions and prompting enthusiastic participa-
     scandal. He believes that aggressive prosecution of    tion from many of the 100 attendees.
     companies and individual officers for fraud pro-
     vides the best protection to investors.




12
                                                                  MOOT COURT COMPETITIONS

                                                        Fourteenth Annual
                                                        Willem C. Vis Moot
                                                        Brings Students Together
                                                        from 178 Universities
                                                        and 51 Countries

                                  Vienna, Austria




The fourteenth annual Willem C. Vis Commercial        The UN Convention on the Contracts on the
Arbitration Moot sponsored by Pace Law School         International Sales of Goods (CISG) provides the
was held March 30 to April 5, 2007, in Vienna,        substantive law, a law perfectly apt for this moot
Austria. The moot involved a commercial dispute       because it applies to trade around the world. For
over the sale of five non-conforming primary dis-     over a quarter of a century, the CISG has provided
tribution fuse boards with a purchase price of        a common law governing the sale of goods across
$168,000.                                             borders. And for much of that time, the Vis Moot
                                                      has been training new generations of lawyers to
Law students from 178 universities and 51 countries   cross borders, transcend cultural differences and
participated in this year’s moot. Their arguments     level the playing field for merchants from around
ran fluidly from the jurisdictional questions         the world.
(which chamber has jurisdiction and which arbi-
tral rules to apply) to the substantive (when and     The moot honors the late Pace Professor Willem
how should the buyer have notified the seller of      C. Vis, a distinguished secretary of the UN
the nonconformity of his fuse boards).                Commission on International Trade Law. The
                                                      moot’s organizer, Professor Emeritus Eric E.
Winners included the grand winner of the moot,        Bergsten, also a former secretary of the
the University of Freiburg (Germany) whose team       Commission, assembles many of the most talent-
also took home the Pieter Sanders Award for Best      ed practitioners who are dedicated to preserving
Memorandum for Claimant and the Werner Melis          their learned profession.
Award for Best Memorandum for Respondent; and
Steven Wayne Hopkins of Southern Methodist
University (Texas) for the Martin Domke Award
for Best Individual Oralist.
Pace’s own team of Sandra Browne ’07, Anna
Linne ’07, Alex Temple ’08, Neil Kumar ’07, and
Hsien Hwang ’08 did exceptionally well, though
did not advance. The team was coached by Linda
Wayner of Skadden, Arps, Slate, Meagher & Flom
LLP & Affiliates and faculty adviser Gayl
Westerman.




                                                                                                           13
     MOOT COURT COMPETITIONS

              Representatives from
         65 Law Schools Participate
       in Pace’s Environmental Law
            Moot Court Competition


                                                           Winners, Kendrick Wilson and Mika Ikeda,
                                                              Georgetown University Law Center




     Pace Law School hosted over 200 competitors from      Judge Carlos F. Lucero, United States Court of
     65 national law schools during the 19th National      Appeals for the Tenth Circuit, presided at the final
     Environmental Law Moot Court Competition              round of the 2007 competition, together with Judge
     held on February 22-24, 2007. Georgetown              Robert S. Smith, State of New York Court of
     University Law Center’s Mika Ikeda and Kendrick       Appeals and Judge Kathie A. Stein, Environmental
     Wilson faced stiff competition and emerged to win     Appeals, Board of the U.S. Environmental
     the three-day moot. A strong effort was shown by      Protection Agency.
     the two finalist teams, Lewis & Clark Law School
     and The University of Memphis School of Law.          Major donors of this year’s competition were
     Washington University School of Law took home         Conestoga-Rovers & Associates, the National
     the award for Best Brief. Derek Johnson of            Association of Clean Water Agencies, the ABA
     Chicago-Kent College of Law received the award        Section of Environment, Energy, and Resources,
     for the Best Oralist.                                 and the Environmental Law Institute®.

     The event, administered by a student-run board
     and Law School staff, is the premier environmen-
     tal law moot court competition in the country. The
     competition provides an invaluable educational
     experience by simulating the process of preparing
     a legal case and presenting that case to a Federal
     Court of Appeals. Students are given a complex
     environmental issue and must file legal briefs sup-
     porting the position of one of the three parties to
     the case. The oral arguments are presented before
     practicing attorneys, who serve as judges in the
     preliminary, quarterfinal, and semifinal rounds,
     and sitting Federal, State, and EPA Board of
     Appeals judges in the final round.




14
                                                                  MOOT COURT COMPETITIONS

                                                       Pace Law School Hosts
                                                       Second Annual Pace
                                                       International Criminal Court
                                                       Moot Competition




The Second Annual Pace International Criminal        The moot involves a case comprising crimes of an
Court Moot took place from November 9-11, 2006.      international nature set in the context of the ICC.
This first-of-its-kind international moot competi-   This competition offers students the opportunity
tion based on the International Criminal Court       to test their written and oral skills in a unique for-
(ICC) brought 12 universities, including the         mat allowing each participant to take on the role of
University of Sierra Leone, to Pace Law School.      prosecutor, defense attorney, and victims’ advo-
Professor Michael Scharf delivered the keynote       cate. The goal of the Pace ICC Moot is to expand
address following a special presentation by film-    knowledge and understanding of the role of the
maker Rex Miller.                                    International Criminal Court and its significance
                                                     in an ever changing world of conflict by training
The team from Santa Clara University emerged as      the next generation of lawyers in this exciting area
the champion after arguing before a distinguished    of international law.
bench of judges, including former Nuremberg
prosecutor Benjamin Ferencz; Professor Michael       The Third Annual Pace International Criminal
Scharf, director of the Frederick K. Cox             Court Moot competition will be held at the Law
International Law Center at Case Western             School from October 26-28, 2007.
Reserve; and former prosecutor at the
International Criminal Tribunal for the former
Yugoslavia Peggy Kuo.




                                                                                                              15
     MOOT COURT COMPETITIONS

      Pace Law School Grand Moot
               Court Competition




                                                                                       XXXX




     The Pace Law School Grand Moot Court                   Honorable Richard Owen, The Honorable Loretta
     Competition was held in April 2007. Participation      A. Preska, and The Honorable Stephen C.
     in the Grand Moot Court Competition is by invi-        Robinson. Also presiding were two magistrate and
     tation and is based on students’ performance dur-      chief magistrate judges from the Southern District
     ing their first year oral arguments.                   of New York, The Honorable Naomi Reice
                                                            Buchwald and The Honorable Lisa Margaret
     This year’s appellant finalists were Delyanne          Smith, and a U.S. bankruptcy judge in the Eastern
     Barros and Fatima Silva and appellee finalists were    District of New York, The Honorable Laura
     Lisa Denig and Lindsey Kneipper. Other semifi-         Taylor Swain.
     nalists included Cari Rincker, Kristen Romano,
     Samantha Schwartz, and David Strong.                   The Pace Law School Grand Moot Court Team
                                                            included Gonul Aksoy, Tawny Alvarez, Delyanne
     The appellate brief topic asked students to argue      Barros, Elizabeth Cassidy, Lisa Denig, Eric Grille,
     whether or not pre-arrest silence could be used as     Bevin Casey Gugliucciello, Kris Jannuzi, Lindsey
     substantive evidence of guilt and whether a            Kneipper, Dara Lawall, Carriann Lerner,Denise
     District Court Judge had authority to order a          Leong, Megan McDonald, Joseph Remy, Cari
     defendant’s sentence run consecutive to a yet-to-be    Rincker, Kristen Romano, Vincent Sayegh,
     imposed state court sentence. Both issues are cur-     Samantha Schwartz, Anna Sideris, Fatima Silva,
     rently being debated and United States District        David Strong, Gouri Thakur, Robert Yusko, and
     Courts are split in opinion.                           Anna Zwierz.
     Pace Law School hosted esteemed judges and prac-
     ticing attorneys to judge all rounds of the competi-
     tion. Presiding over the final round were three
     judges who were appointed to the U.S. District
     Court for the Southern District of New York: The




16
                                                                    MOOT COURT COMPETITIONS

                                                          Pace Law School
                                                          First Year Moot Court
                                                          Competition




In April 2007, Pace Law School hosted its first         Pace Law School First Year Moot Court
annual First Year Moot Court Competition. As            Competition Top 4 students were Scott McMurry,
part of the regular curriculum all first year stu-      Christine Paska, Uryashi Sinha, and Jared Ullman.
dents at Pace Law School are required to write an
appellate brief and then participate in oral argu-      Pace Law School First Year Moot Court
ments. This year, Pace Law School made partici-         Competition Top 36 students were Jessica Gush,
pating in oral arguments into a moot court compe-       Jessica Cardichon, Imraan Farukhi, Taraneh
tition where all students competed against each         Heydary, Anthony Nigro, Daniel Lewis, Anne
other and were scored on uniform criteria.              Carpenter, Joy Honigsberg, Maya Graham, Jade
                                                        Turner, Adam Jessler, Corey Zymet, Stephanie
Students argued in front of a variety of esteemed       Campbell, Celia Curtis, Laura Schettini, Teresa
judges and practicing attorneys who were well           Milano, Allyson Garner, Mary Rodrigo, Ashley
versed in the topics being argued. Based on each        Belin, Paula Anglo, Dana Hoffman, Lane
student’s average oral argument score, the Top 36       Marmon, Carly Janetty, Damian Puniello,
students were invited to the final round where          Christopher Byrnes, Rosemary Gleason, Robert
they had one week to study a bench brief and then       Menna, Jonathan Engel, Peter Scutero, Donna
argue once more.                                        Cook, Elijah Fayerman, and Will Hammerstein.
This year’s topic was whether the warrantless col-
lection and DNA analysis of blood samples taken
from all felons is a search that meets a special need
under the Fourth Amendment. The Top 4 students
were awarded for their hard work and skill with
Bar-Bri Gift Certificates. As a result of their out-
standing performance and interest in the Pace
Moot Court program, each of the 36 students were
invited to participate in Advanced Appellate
Advocacy where they will be intensively trained in
advanced legal writing and the art of oral argu-
ment and will participate in the Pace Law School
Grand Moot Court Competition in the 2007-2008
academic year.




                                                                                                            17
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