NEWS ADVISORY: Sustainable Consumption Topic of Pace Law’s 2011 Garrison Lecture Wed., April 6

To realize a sustainable future, individuals, communities and policymakers must all make mindful decisions—but they need not sacrifice quality of life according to Daniel Farber, Sho Sato Professor of Law and chair of the Energy and Resources Group at the University of California, Berkeley. (Left: Farber).

Sustainable Consumption and Communities: Bringing the American Way of Life into the Twenty-First Century

Pace Law School to host 2011 Garrison Lecture on Wednesday, April 6

WHITE PLAINS, NY, March 21, 2011—To realize a sustainable future, individuals, communities and policymakers must all make mindful decisions—but they need not sacrifice quality of life.

This will be the message that Daniel Farber, Sho Sato Professor of Law and chair of the Energy and Resources Group at the University of California, Berkeley, will deliver at the annual Lloyd K. Garrison Lecture on Environmental Law at Pace Law School on April 6.

Some of what he champions is, by now, familiar to many: People should drive fuel efficient vehicles, increase their usage of public transportation, weatherproof homes and buy energy efficient appliances. But Farber will extend his sustainability recommendations to the community level—where leaders must develop walkable communities, invest in public transportation, promote smart metering and provide information and resources necessary for citizens to make smart choices.

Farber will also explore legal strategies for implementing this vision, ranging from small incremental improvements or expansions in existing programs to more substantial and innovative approaches. These include:

  • Zoning changes to foster green communities and infill development
  • Changes in building codes to stimulate green building
  • Incentives to utilities to promote energy efficiency
  • Green labeling requirements

Farber’s talk complements Pace Law School’s strong offerings in the area of environmental law. Pace was one of the first law schools in the country to develop a comprehensive and integrated curriculum in environmental law, and is consistently ranked among the nation’s top four programs in environmental law. It offers a Master of Environmental Law (LLM), including the country’s first graduate level programs in Climate Change Law and Land Use and Sustainable Development, as well as a Doctor of Laws in Environmental Law.

Farber is available for media interviews prior to the April 6 lecture.

Farber earned his J.D. in 1975 from the University of Illinois, where he was editor-in-chief of the law review and class valedictorian. After graduating, Farber was a law clerk for Justice John Paul Stevens of the U.S. Supreme Court. Before coming to Berkeley, he taught at the University of Illinois and the University of Minnesota, where he became the first Henry J. Fletcher Professor of Law in 1987.

Farber’s books include “Environmental Law: Cases and Materials” (with A. Carlson & J. Freeman), which is now in its seventh edition; “Eco-Pragmatism: Making Sensible Environmental Decisions in an Uncertain World” (1999); “Disasters and the Law: Katrina and Beyond” (2006)(with  J. Chen); and “Environmental Law in a Nutshell,” now in its sixth edition.

WHO: Daniel Farber, Sho Sato Professor of Law and chair of the Energy and Resources Group at the University of California, Berkeley

WHAT: 2011 Lloyd K. Garrison Lecture on Environmental Law

WHERE: Pace Law School (Robert B. Fleming Moot Courtroom)
78 North Broadway
White Plains, NY

WHEN: Wednesday, April 6 at 5 p.m.

Free and open to the public.

Media admission by press pass. Check-in required.

CONTACT:

Lauren Rubenstein,
Manager, Media Relations
914-422-4389
lrubenstein@law.pace.edu

Leslie Crincoli
Senior Program Coordinator
Environmental Law Programs
914-422-4413
lcrincoli@law.pace.edu

Pace University School of Law has over 7,000 alumni throughout the country and the world, and is consistently ranked among the nation’s top four programs in environmental law. On its White Plains, NY, campus, it offers JD programs and the Master of Laws degree in Environmental Law, including the nation’s first graduate level programs in Climate Change and Land Use and Sustainable Development, and Comparative Legal Studies, and a Doctor of Laws in Environmental Law. The School of Law is part of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County. www.law.pace.edu

Washington Post: “U.S. reversal on gay unions won’t affect same-sex spouses for now”

Washington Post online called the Law School’s professor Darren Rosenblum (left) “an expert on gay and lesbian rights” when quoting his assessment that the Obama administration’s skepticism about the Defense of Marriage Act will require “at least a couple of years” of litigation before charges can affect gay couples.

Washington Post online called the Law School’s professor Darren Rosenblum “an expert on gay and lesbian rights” when quoting his assessment that the Obama administration’s skepticism about the Defense of Marriage Act will require “at least a couple of years” of litigation before charges can affect gay couples.

The Justice Department on Wednesday said it would no longer go to court to oppose challenges to the 1996 Defense of Marriage Act, which defines marriage as between a man and a woman and denies marriage-based federal benefits to same-sex married couples. The administration said it no longer considers the law constitutional.

The decision drew outrage from Republicans and applause from gay rights activists, who have won a series of political victories. But underlying the euphoria was a recognition that nothing had changed for same-sex married couples who say the law discriminates against them, and that the U.S. Supreme Court is likely to have the last word.

“There’s going to be at least a couple of years of litigation over this, and sooner or later the Supreme Court is going to have to weigh in,” said Darren Rosenblum, a professor at Pace Law School in New York and an expert on gay and lesbian rights.

Read the full article in the Washington Post

Visit Pace Law School here

NEWS RELEASE: Pace Law prepares research on Adirondack forest preserve for probable New York State constitutional convention

Influential state conservation leaders came to a Pace Law School symposium recently to hear the latest wisdom regarding New York’s Constitutionally-protected forest preserve, vital information for a state Constitutional Convention that is likely to be held in the next few years. What made the presentation especially notable was that the experts were students.

WHITE PLAINS, NY, December 8, 2010 –Influential state conservation leaders came to a Pace Law School symposium recently to hear the latest wisdom regarding New York’s Constitutionally-protected forest preserve, vital information for a state Constitutional Convention that is likely to be held in the next few years. What made the presentation especially notable was that the experts were students.

The students’ work, presented December 1, was the culmination of the school’s “Research Seminar on Article XIV: ‘Forever Wild’ and Legal Issues of a Possible Constitutional Commission and Constitutional Convention.” Attendees included leaders at public policy groups and top officials from the Department of Environmental Conservation, including Kenneth Hamm of the general counsel’s office and Robert K. Davies, New York’s State Forester and director of the Division of Lands and Forests.

According to Professor Nicholas E. Robinson, who co-taught the seminar with adjunct Professor Philip Weinberg, this was the first review of the state’s Constitutional forest preserve in three decades. The research involved field trips to the Adirondacks and Catskills, as well as interviews with experts.

New York is required to hold a state ballot question in the next few years on whether to assemble a Constitutional Convention, Robinson said. Governor-elect Andrew Cuomo has endorsed doing this, and has announced that he would convene a Constitutional Commission to decide what issues a Convention would review.

Original Intent

The students argued in their presentations that the forest preserve is an essential state resource that must be protected, especially in light of concerns over climate change. The forest preserve is an important source of biodiversity; serves to sequester greenhouse gases; and is crucial to ensuring an adequate water supply.

Michael Friese, a third-year law student in the seminar, presented research on the legislative history of Article XIV, which he hopes will provide a valuable perspective for those involved in a possible upcoming Constitutional Convention.

“State officials should consider going back to the original intent of the article as developed by delegates in the 1894 convention, as opposed to chipping away at it as they’ve been doing over the past 100 years,” Friese said.

He was excited to know that his research and that of his classmates could be influential to policymakers.

“This is one of the reasons you come to Pace as an environmental student, so you can have opportunities to work with Professor Robinson or Professor Weinberg, who have influence not just locally but nationally as well,” he said.

Dave Gibson, a partner in Adirondack Wild: Friends of the Forest Preserve who was involved in the seminar, congratulated the students on their research. “Your research, writing and this seminar are going to inform and energize our work for a long time to come,” he said.

Gotham Gazette: Cuomo Gets Settlement From ExxonMobil for Greenpoint

Law students and professors from Pace Law School’s Environmental Litigation Clinic, acting as lawyers for Riverkeeper, achieved a landmark settlement of federal litigation against ExxonMobil for oil contamination of a large section of Greenpoint, Brooklyn.

Law students and professors from Pace Law School’s Environmental Litigation Clinic have been representing Riverkeeper, which recently  joined New York State Attorney General Andrew Cuomo and residents of Brooklyn’s Greenpoint community to announce a landmark settlement of federal litigation against ExxonMobil for oil contamination of a large section of Greenpoint, Brooklyn.

From the article:

Riverkeeper has been represented since the lawsuit’s inception by dedicated law students, supervised by law professors, at Pace Law School’s Environmental Litigation Clinic in White Plains. “We are thrilled for Greenpoint, and for everyone who will ultimately use and enjoy Newtown Creek, that our litigation has concluded, and that the cleanup of the contamination will now move forward in earnest,” said Professor Daniel Estrin, one of the Supervising Attorneys at the Pace Environmental Litigation Clinic. “After decades of inaction by prior administrations to hold Exxon legally accountable, and to responsibly address one of the worst petroleum-contaminated sites in the history of this country, we now have a binding settlement in which Exxon acknowledges its legal responsibility to remediate all of the contaminated media on, and emanating from, the site. We applaud Attorney General Cuomo and the DEC for ultimately filing their own lawsuit, which helped to finally bring this unfortunate chapter for Greenpoint and Newtown Creek to conclusion.”
“Now that our lawsuit has been resolved, the next phase of restoring the community and the Creek begins” said Phillip Musegaas, Hudson River Program Director at Riverkeeper. “Riverkeeper is fully committed to supporting the community throughout this process; we will continue to monitor the cleanup to make sure that it goes according to plan and on schedule.”

Read the full article here.

Pace Law School Hosting 2nd Annual Entertainment Law Program

To keep students abreast of changes in the entertainment industry, Pace Law School adjunct professor and alumnus, Vernon Brown (left), is convening the second annual entertainment law panel, “Where Do I Sign.” The entertainment industry’s biggest execs and labels, including Cash Money Records, and top sports lawyers and agents, will give students a true insiders’ look at how the industry operates from the legal perspective.

FOR IMMEDIATE RELEASE

Contact: Cathy Lewis, Director of Marketing and Communications, Pace Law School, 914.422.4128 – cdreilinger@law.pace.edu

“Where Do I Sign” to Feature Music and Sports Execs

White Plains, N.Y., November 1, 2010 – To keep students abreast of changes in the entertainment industry, Pace Law School adjunct professor and alumnus, Vernon Brown, is convening the second annual entertainment law panel, “Where Do I Sign.” The entertainment industry’s biggest execs and labels, including Cash Money Records, and top sports lawyers and agents, will give students a true insiders’ look at how the industry operates from the legal perspective. The program is open to faculty, law students and Pace University undergraduates, as well.

Professor Brown, who graduated Pace Law School in 1996, is Chairman and Chief Executive Officer of V. Brown & Company, Inc. Located in New York City, the company represents recording artists, film producers, fashion models, actors and sports stars. His Entertainment Law classes are very popular because he provides a real-life, hands-on approach. “Instead of teaching only through lectures, he gives students the opportunity to hear from his clients and colleagues,” remarked one student.

“Where Do I Sign”
Tuesday November 2, 2010
7:00PM- 9:00PM
Moot Court Room – Pace Law School
Moderator:

Michael Reinert, Executive VP Business Affairs of the Universal Music Group

Panelists (partial list):
Professor Vernon Brown
Bryan “Birdman’ Williams, Owner, Cash Money Records
Tracy Lartique, Sports Agent, CAA Sports

For more information about the panel discussion, please contact Beryl Brown, Adjunct Faculty Liaison, at 422-4264 or at bbrown@law.pace.edu.

Pace University School of Law has over 7,000 alumni throughout the country and the world, and is consistently ranked among the nation’s top four programs in environmental law. On its White Plains, NY, campus, it offers JD programs and the Master of Laws degree in Environmental Law, including the nation’s first graduate level programs in Climate Change and Land Use and Sustainable Development, and Comparative Legal Studies, and a Doctor of Laws in Environmental Law. The School of Law is part of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County. www.law.pace.edu.

NEWS RELEASE: The Pace Energy and Climate Center Received Award for Work on Clean Energy and Sustainability

For its work as a “tireless advocate” for clean energy, the Pace Energy and Climate Center received the Outstanding Outreach Partner Award from the Alliance for Clean Energy New York (ACE NY) at its annual meeting in Albany this afternoon.

Receives Outstanding Outreach Partner Award at ACE NY Annual Meeting

WHITE PLAINS, NY, October 28, 2010 – For its work as a “tireless advocate” for clean energy, the Pace Energy and Climate Center received the Outstanding Outreach Partner Award from the Alliance for Clean Energy New York (ACE NY) at its annual meeting in Albany this afternoon.  Presented by ACE NY’s Executive Director, Carol Murphy, this award recognizes exemplary leadership and outstanding work done on behalf of clean energy and sustainability in New York State. She praised Pace’s “dedicated efforts at the Legislature, the New York Independent System Operator (NYISO), and other state agencies and regulatory bodies, which help further positive policy developments for clean energy technologies.”

The Outstanding Outreach Partner Award is given to the individual, company or organization deemed most helpful in promoting the goals of ACE NY and sustainable energy through activities such as membership outreach, participation in public affairs and advocacy efforts, and government affairs.

“We are very pleased to receive this award, and to be recognized for our work in Albany promoting a clean energy agenda in New York State,” said Jamie Van Nostrand, executive director of the Energy and Climate Center. 

The Center’s work for alternative energy solutions in New York State includes:

  • Ensuring that the State meets its “15 by 15” energy efficiency target (achieving a 15 percent reduction in projected energy usage by 2015) through involvement in proceedings at the Public Service Commission;
  • Promoting solar energy in New York by proposing enactment of a target of 5000 MW of solar power capacity by 2025;
  • Representing environmental interests on the various stakeholder committees at the NYISO; and
  • Promoting demand response and energy efficiency as a means of avoiding investments in additional generating capacity.

 “These are critical times for laying the foundation of New York’s energy future, and we have made a significant investment in our Albany presence to advance a clean energy agenda focusing on energy efficiency, renewable energy, and other measures that reduce greenhouse gas emissions,” said Van Nostrand, adding, “It is gratifying to have these efforts recognized by ACE NY.”

The Center opened a full-time office in Albany in January 2010, and hired Jackson Morris as its senior policy advisor to work on legislative issues and to interact with key state agencies and other organizations involved in energy issues. These include the Public Service Commission, the New York State Energy Research and Development Authority (NYSERDA), the Department of Environmental Conservation, and the NYISO.  According to Van Nostrand, “this award is due largely to Jackson’s tireless efforts in Albany,” with assistance from the Natural Resources Defense Council (NRDC), which provided valuable support for the opening of the Albany office.  Van Nostrand also noted the contributions of Dr. Laurence DeWitt and Sam Swanson in providing assistance to Jackson’s efforts in Albany.

Van Nostrand indicated that Pace will continue to collaborate with ACE NY in the future in order to further our collective goals.  “As we welcome a new administration in Albany in 2011, it will be essential that we continue building on our important relationship with ACE NY and other key players in the energy and environmental community,” Van Nostrand stated.

ACE NY is a nonprofit organization coalition dedicated to promoting clean energy, energy efficiency, a healthy environment, and a strong economy for New York State.  Its mission is to promote the use of clean, renewable electricity technologies and energy efficiency in New York State, in order to increase energy diversity and security, boost economic development, improve public health, and reduce air pollution.

The Pace Energy and Climate Center is an integral part of Pace Law School’s Environmental Law Program, which is consistently ranked among the nation’s top four programs in environmental law.  For over 20 years, the Energy and Climate Center has been a leading multi-disciplinary organization in the areas of environmental research and advocacy on energy issues in New York and throughout the Northeast, while training law students in these areas.

Pace University School of Law has over 7,000 alumni throughout the country and the world, and is consistently ranked among the nation’s top four programs in environmental law. On its White Plains, NY, campus, it offers JD programs and the Master of Laws degree in Environmental Law, including the nation’s first graduate level programs in Climate Change and Land Use and Sustainable Development, and Comparative Legal Studies, and a Doctor of Laws in Environmental Law. The School of Law is part of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County. www.law.pace.edu.

Contact: Cathy Lewis, Director of Marketing & Communications, (914) 422-4128                                                              cdreilinger@law.pace.edu

NEWS RELEASE: Pace Environmental Law Students Take on Big Coal

Student interns at the Pace Environmental Litigation Clinic, under the supervision of law professors Karl S. Coplan, Robert F. Kennedy, Jr., and Daniel Estrin, took the first step today in bringing a lawsuit against three mining companies in Kentucky for violations of the Clean Water Act.

FOR IMMEDIATE RELEASE

Contact: Cathy Lewis, Director of Marketing & Communications, (914) 422-4128, cdreilinger@law.pace.edu

Karl Coplan Co-Director, Environmental Litigation Clinic (914) 422- 4332 kcoplan@law.pace.edu

PACE ENVIRONMENTAL LAW STUDENTS TAKE ON BIG COAL

Kentucky Coal Companies Cited for Falsified Monitoring Data in Violation of Federal Law

White Plains, N.Y., October 7, 2010 – Student interns at the Pace Environmental Litigation Clinic, under the supervision of law professors Karl S. Coplan, Robert F. Kennedy, Jr., and Daniel Estrin, took the first step today in bringing a lawsuit against three mining companies in Kentucky for violations of the Clean Water Act.  Representing a coalition of environmental and social justice organizations and private citizens, including Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, and Waterkeeper Alliance, they filed a sixty-day notice letter alleging that the companies ICG Knott County, ICG Hazard, and Frasure Creek Mining, a subsidiary of Trinity Coal, exceeded pollution discharge limits in their permits, consistently failed to conduct the required monitoring of their discharges and, in many cases, submitted false monitoring data to the state agencies charged with protecting the public. Joining in the lawsuit were several local residents impacted by the dumping of mining waste into Kentucky’s waterways.

The coal companies cited in the notice letter are all operating in eastern Kentucky under state-issued permits that allow them to discharge limited amounts of pollutants into nearby streams and rivers.  Those same permits also require industries to carefully monitor and report their pollution discharges to state officials. These monitoring reports are public documents that can be reviewed by anyone who asks for them.

Among the allegations cited in the notice letter are exceedances and misreporting of discharges of manganese, iron, total suspended solids and pH.  The groups and local residents bringing these claims cite a total of over 20,000 incidences of these three companies, either exceeding permit pollution limits, failing to submit reports, or falsifying the required monitoring data.  These violations could result in fines that may exceed 740 million dollars.  Speaking at a press conference call this morning, Professor Coplan said, “No one should make money by violating the Clean Water Act.”

Under the Clean Water Act, the companies have sixty days to respond to the allegations made in the notice letter. If, at the end of that period, all violations have not been corrected, the groups and individuals plan on filing a complaint in federal court for the Eastern District of Kentucky.

The claims brought today may just be the tip of the iceberg when it comes to irresponsible mining reporting practices and a failure in the state’s monitoring program.  A recent trip to Kentucky’s Division of Mine Reclamation and Enforcement regional offices by Appalachian Voices’ Waterkeeper found stack after stack of discharge monitoring reports (DMRs) from more than 60 coal mines and processing facilities covered in dust on the desks of mine inspectors’ secretaries.  They did not appear to have been evaluated for compliance by the regulators for more than three years.  A sampling of the reports showed hundreds of repeated violations by coal mine operators in the state.  Commenting during the press briefing, Robert F. Kennedy, Jr. added, “Regular, systematic open fraud that anyone could have uncovered shows the contempt that the coal industry has, not just for the law but for the state agency supposed to enforce it.”

“Our state officials have closed their eyes to an obviously serious problem,” said Ted Withrow, the retired Big Sandy Basin Management Coordinator for the Kentucky Division of Water and a member of Kentuckians For The Commonwealth. “These are not small exceedances – some are over 40 times the daily maximum. This should have been a red flag.”

The allegations of falsification of monitoring reports are another blow in a long list of recent black eyes for the coal industry, which is under widespread pressure to clean up its destructive practices and take responsibility for its enormous and devastating ecological footprint.  “The coal industry has proven time and again that it can’t be trusted.  It continually downplays its severe environmental impacts, places profit over worker safety and offers false economic analysis to try to keep its inherently destructive practices alive,” said Scott Edwards, Director of Advocacy for Waterkeeper Alliance.  “And now, we know they’re not honest in reporting on matters that impact the health of communities where they operate.”

“The Clean Water Act’s ‘citizen suit’ provision empowers citizens to be ‘private attorneys general,’ and to bring polluters into court when government doesn’t do its job,” said Professor Estrin.  The organizations bringing this legal action are taking it upon themselves to enforce the law and put an end to the illegal practices.

The Pace Environmental Litigation Clinic, which represents public interest environmental advocacy groups, has been working on this matter since April.  When he first reviewed the coal companies’ monitoring reports, Professor Coplan knew it would be a good project for the students.  Clinic Legal Interns drafted the notice letters and worked with the clients to assemble the appendices to the letters identifying the specific permit violations.

Peter Harrison, one of the Clinic law students who has been working on the case since June, came to Pace from Appalachia, where he was involved in grassroots environmental initiatives.  “It’s gratifying to come to law school in New York and get to work on a lawsuit that we hope will make a difference in the lives of people in the South,” said Harrison.  “Working at the Clinic has given me an opportunity to practice law before I even pass the bar, and has really crystallized the whole reason I came to law school.”

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Pace University School of Law has over 7,000 alumni throughout the country and the world, and is consistently ranked among the nation’s top four programs in environmental law. On its White Plains, NY, campus, it offers JD programs and the Master of Laws degree in Environmental Law, including the nation’s first graduate level programs in Climate Change and Land Use and Sustainable Development, and Comparative Legal Studies, and a Doctor of Laws in Environmental Law. The School of Law is part of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County. www.law.pace.edu

NEWS ADVISORY: Attorney to Lecture on Hydro-Fracking, Alien Tort Claims & Torture Victim Protection, Wed. Sept. 29, 7PM

Pace Law grad Peter Cambs will lecture on hydro-fracking, the Alien Tort Claims Act and the Torture Victims Protection Act. Hydro-fracking is the controversial gas drilling process exposed as a public health threat by this year’s award-winning documentary “Gasland.”

Public health threat hydro-fracking exposed this year by award-winning documentary “Gasland”

Pleasantville, NY, September 29, 2010– Peter J. Cambs, a Pace Law graduate and an attorney with Parker Waichman Alonso LLP, will present a lecture on hydro-fracking litigation, the Alien Tort Claims Act and the Torture Victims Protection Act on Wednesday, September 29, at Pace University.

Cambs will address the controversy surrounding the gas drilling process known as hydraulic fracturing, or hydro-fracking, which was exposed by this year’s award-winning documentary “Gasland.” Hydro-fracking involves the injection of millions of gallons of chemically treated water underground to release natural gas that is trapped in rock formations. The process causes chemical additives, heavy metals, radioactive material and other toxic substances to leach into the water supply, posing a public health threat.

Cambs’ presentation will begin at 7:00pm in the Butcher Suite, at the Kessler Student Center, Pleasantville campus, 861 Bedford Rd., Pleasantville, NY, entrance 3. The event is free and open to the public.

The Department of Environmental Conservation is reviewing the environmental impact of drilling in upstate New York, where natural gas companies seek to tap the rich gas reserves of the Marcellus Shale. Cambs and his law firm, Parker Waichman Alonso LLP, recently filed a lawsuit on behalf of 13 Pennsylvania families whose well water has allegedly been contaminated by hydro-fracking fluids.

According to a September 22 article in “The Nation,”Gasland is one of the most important American films in years, exposing this threat to drinking water and public health. The film shows toxic streams, ruined aquifers, dying livestock, brutal illnesses, and kitchen sinks that burst into flame. Winner of the Special Jury Prize for Documentary at Sundance, where it premiered in January, Gasland aired on HBO in June and it is now showing in select theaters nationwide.

Legislation aiming to repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act that would require the energy industry to disclose the chemicals it pumps underground in the hydraulic fracturing process has been proposed – the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act.

Cambs will also discuss aspects of the Alien Tort Claims Act and Torture Victims Protection Act and how these laws afford the possibility of relief to victims of the most serious types of human rights abuses, including crimes against humanity, torture, and extrajudicial killing.

Contact: Cara Cea, 914-906-9680, ccea@pace.edu

USA Today – Prosecuters’ Conduct can Tip Justice Scales – Prof. Gershman

Law professor Bennett Gershman was quoted in a USA Today investigation of misconduct by federal prosecutors, saying it revealed “glaring misconduct” that is only “the tip of the iceberg.”

Law professor Bennett Gershman was quoted in a USA Today investigation of misconduct by federal prosecutors, saying it revealed “glaring misconduct” that is only “the tip of the iceberg.”

The story that was also picked up in many other daily newspapers nationwide. Here’s an excerpt:

“Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free and cost taxpayers millions of dollars in legal fees and sanctions.

Judges have warned for decades that misconduct by prosecutors threatens the Constitution’s promise of a fair trial. Congress in 1997 enacted a law aimed at ending such abuses.

Yet USA TODAY documented 201 criminal cases in the years that followed in which judges determined that Justice Department prosecutors — the nation’s most elite and powerful law enforcement officials — themselves violated laws or ethics rules.

In case after case during that time, judges blasted prosecutors for “flagrant” or “outrageous” misconduct. They caught some prosecutors hiding evidence, found others lying to judges and juries, and said others had broken plea bargains.

USA TODAY found a pattern of “serious, glaring misconduct,” said Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors. “It’s systemic now, and … the system is not able to control this type of behavior. There is no accountability.”

He and Alexander Bunin, the chief federal public defender in Albany, N.Y., called the newspaper’s findings “the tip of the iceberg” because many more cases are tainted by misconduct than are found. In many cases, misconduct is exposed only because of vigilant scrutiny by defense attorneys and judges.

Prosecutors’ conduct can tip justice scales – USATODAY.com.

Prof. Gershman was also interviewed by News 12 on August 27 on potential criminal charges for purgery for New York State Governor David Paterson. http://www.youtube.com/watch?v=mXwbVHrAy4w

ABA Journal – The Immune Response

Pace Law School’s assistant dean Alexandra Dunn was quoted in a thoughtful article in the American Bar Association Journal on the disappointing record of the federal “vaccine court” set up to adjudicate disputes about diseases related to vaccines, including autism.

Click “The Immune Response” to read the full article.

Vaccine Problems? The Hazelhurst Family