Today, March 3rd, marks the United Nations innagural World Wildlife Day- a day meant to raise awareness about the implications of the illegal trafficking of wildlife “that includes elephant poaching, great ape theft and the illegal transport of timber.” The day, which was selected in commemoration of the anniversary of the adoption of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973, will be marked by educational events held all over the world (including New York) exploring what can be done to combat this illict $19 billion industry.
Feb 27th, 2014 by Taryn Rucinski
One of the rights of passage of all environmental law students is Environmental Law Survey. However, as we approach the mid-point in the semester, many students will begin to find that there are a dearth of study aids available for this type of course. The challenge here being that unlike most traditional substantive courses, those outlines, books and/or Nutshells focusing on environmental law, fail to go over the stautory nuance that is typically tested. In order to battle the Environmental Law Survey jitters, check out these resources to get your study-aid fix instead:
ABA’s Best Practice Series: Authored by prominent members of the ABA’s Section of Environment, Energy, and Resources, these texts provide and excellent overview of the various major federal environmental law statutes. Although some of these texts need updating, many statutes have not seen any major changes since the texts have been published.
- Basic Practice Series: Clean Air Act, Second Edition 2011
- Basic Practice Series: Clean Water Act, Second Edition 2012
- Basic Practice Series: CERCLA, Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund), Second Edition 2008
- Basic Practice Series: EPCRA (Emergency Planning and Community Right-to-Know Act) 2002
- Basic Practice Series: ESA (Endangered Species Act), Second Edition 2012
- Basic Practice Series: FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) 2000
- Basic Practice Series: RCRA (Resource Conservation and Recovery Act) 2002
- Basic Practice Series: TSCA (Toxic Substances Control Act) 2000
Congressional Research Service Reports: The Congressional Research Service (CRS) is the public policy research arm of Congress. Authored by top experts in the area of environmental law and policy, these CRS reports are an invaluable resource for anyone interested in researching new and upcoming issues in the law, however, their dissemination is only allowed at the discretion of Congress–as a result only select materials are available to the public.
- Clean Air Act: A Summary of the Law and Its Major Requirements (2011)
- Clean Water Act: A Summary of the Law (2010)
- Comprehensive Environmental Response, Compensation, and Liability Act: : A Summary of Superfund Cleanup Authorities and Its Major Requirements (2012)
- The Emergency Planning and Community Right-to-Know Act (EPCRA): A Summary (2012)
- The Endangered Species Act: A Primer (2012)
- Overview of National Environmental Policy Act (NEPA) Requirements (2008)
- Ocean Dumping Act: A Summary of the Law (2012)
- Pesticide Law: A Summary of the Statutes (2012)
- Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements (2014)
- TSCA: A Summary of the Act and Its Major Requirements (2013)
Our Congratulations goes to the 2014 Pace Jessup Team that advanced to Quarterfinals and Received Fourth Best Overall Memorial Award! The 55th Annual Philip C. Jessup International Moot Court Competition Northeast Regional Round took place on February 13-16, 2014 in New York at Shearman & Sterling, LLP.
The 2014 Pace Jessup Team, comprising of Ann Bermont (3L), Rocky Boussias (3L), Bianca Francois (2L), and Kiersten Schramek (2L) and coached by Prof. Lucie Olejnikova, made an excellent showing at this year competition. The team competed along with twenty one other schools in the Northeast Regional Round, placing third overall after preliminary rounds and advancing to quarterfinals undefeated along with only seven other teams. The team went against Harvard in the quarterfinal round and argued an even match. Additionally, the team received an Award for Fourth Best Overall Memorial. This brilliant performance was a true team effort taking the Pace presence at this competition to yet another level.
The team would like to thank the many faculty and friends who helped them prepare for the moot including Dean Lin Harmon, Prof. Ann Powers, Prof. Tom McDonnell, Prof. Shelby Green, Prof. Matt Brotmann, Prof. Keri Gould, Prof. Peter Widulski, Prof. Cynthia Pittson, Pace alumni Otto Cheng (04’) and Alli Kline (13’), and current Pace students Kristen Carroll (3L) and Desiree Salomon (3L).
As Prof. McDonnell wrote: “[t]he team’s achievement is particularly noteworthy given the intense competition in the Northeastern Regionals, which includes not only Harvard, but also Columbia, NYU, Cornell, Fordham, and Boston College, among others.”
Join the law library in congratulating the Pace 2014 Jessup Moot Court Team on their excellent achievement!
Our CONGRATULATIONS goes to the Pace IEMC Team that advanced to semi-finals and took Third Place for Best Memorial! The 18th Annual Stetson International Environmental Moot Competition (regional rounds) took place at the Sturm College of Law at the University of Denver, Colorado on January 24-26, 2014.
Prof. Matt E. B. Brotmann coached this year team which comprised of Megan Hopper-Rebegea (3L), Ellen Zhang (3L) and Charter Williams (2L). The team advanced to the semi-final rounds; the team’s oralists, Ellen Zhang and Charter Williams did an exceptional job in advancing to the semi-finals, knocking off last year’s champions. In addition to the results achieved in the oral rounds, the team’s memorial, written by Megan Hopper-Rebegea received Third Place for Best Memorial. The team’s impressive performance was a true team effort.
The team would like to thank the many faculty and friends who helped them prepare for the moot including Prof. Ann Powers, Prof. Peter Widulski, Prof. Lucie Olejnikova and 2013 team member Joan Colloton (3L).
Join the law library in congratulating the Pace 2013 Int’l Environmental Moot Court Team on their excellent achievement!
Jan 23rd, 2014 by Lucie Olejnikova
3rd Annual Pace Law Exposition on Intellectual Property, Sports & Entertainment Law: A Closer Look at the Evolution of Patents & the Future of Digital Media is hosted by the Pace Intellectual Property, Sports & Entertainment Law Forum (PIPSELF). The expo will take place on Thursday February 6, 2014 at Pace Law School Moot Court, White Plains. Click here for more details about the upcoming Expo.
Where Has the DREAM Act gone and Where Is It Going? A Political Tool Making Progress for Immigrants!
Jan 16th, 2014 by Lucie Olejnikova
WRITTEN BY: Rene’ Roa, Jr. ’14
The concept of the American Dream is rooted in the text of The Declaration of Independence which provides “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These words have echoed throughout the development of the United States, as a nation predominantly built by Immigrants, whereby the meaning of that dream has continuously developed. America’s founding fathers believed in Manifest Destiny and their dream was that of the independence from an imperial monarchy. Throughout the generations of Americans this dream has evolved and grown from the desire of independence to the opportunity to have a good job, the ability to own a home and to enjoy a comfortable retirement. However, the focus of the dream has regressed from focusing on the fruits of one’s life to opportunities such as education, specifically higher education – which has replaced the high school diploma as the qualification to enter the American work force.
The concept of the Development, Relief and Education for Alien Minors Act (Dream Act) began as a legislative proposal in the Senate on August 1, 2001 and has undergone several legislative revisions that have not successfully been signed into law. In 2012 President Barack Obama put forth an administrative policy that would not deport immigrants who were not a threat to national security saying that “it makes no sense to expel talented young people who are, for all intents and purposes, Americans.” Using the premise of the DREAM Act the president put forth an executive order temporarily shielding certain persons, who are within in the U.S.A. illegally, from deportation. This order provides no conclusory solution however; it is only a temporary measure aimed at protecting certain persons who would benefit from the passage of a DREAM Act, if ever actually done. Furthermore, this policy can be revoked at any time, thereby leaving its beneficiaries with a very uncertain future.
The DREAM Act has not only been in the purview of federal legislation, but also has been actively discussed at the state level. Some states are able to afford its residents protections and benefits beyond the ones offered by federal government. For example, New Jersey has afforded enhanced educational equality to illegal immigrant that is not mandated by federal regulations.
The most recent of 14 states, New Jersey’s legislature passed its own version of the DREAM Act in S2479, which was signed into law by Governor Chris Christie on December 12, 2013. Gov. Christie had won 51 percent of the Latino vote in his recent reelection after pledging to support tuition equality for DREAMers. Christie highlighted his belief that “every child should be able to give the opportunity to reach their God-given potential,” and prioritized “making sure that there’s tuition equality for everybody in New Jersey.” At the same time however, Gov. Christie did fight to have the bill amended in order to remove provisions that would allow immigrant students to receive state financial aid.
Therefore, both Democrats and Republicans at all levels of the political spectrum are angling to stay on top of DREAM Act legislation because of a growing Latin American population and its effect on respective voter bases. Even though true legislative reform crawls along at a snail’s pace, immigrant communities must continue to press their local politicians for immigration reform because this is not a topic that is about to leave the table anytime soon. Progress should be made in any way and by any political party looking to make positive change of any size.
- Patrick J. Kiger, How the American Dream Works, (May 2, 2011).
- Tom Cohen, Obama administration to stop deporting some young illegal immigrants, (June, 16 2012).
- Hispanically Speaking News, Gov. Christie Supports Tuition Equity for DREAMers, but Won’t Sign Tuition Equity Bill, Associated Press (Dec. 9, 2013).
- Shushannah Walshe, Gov. Chris Christie Denies Flip Flop on New Jersey DREAM Act, ABC News (Dec. 2, 2013).
- Michael Linhorst and Melissa Hayes, Senate Democrats, Christie reach deal on NJ Dream Act tuition bill for students in US illegally, The Record (Dec. 19, 2013).
- The DREAM Act Portal, (Jan.4,2014).
WRITTEN BY: Maeve Flanagan ’14
In 2009, Sergio Garcia graduated from Cal Northern School of Law and was among the 46.6% who passed the California Bar that same year. Unfortunately, Garcia received a letter in the mail two weeks after his swearing in ceremony, stating that his admission was an error. Garcia was born in Mexico and brought to America by his parents when he was 17 months old. Even though he has been on the waiting list for a green card for 19 years, Sergio Garcia is still considered an illegal immigrant in the eyes of the law.
In 2012, Garcia petitioned for his license to be reinstated. In that hearing, the court stated that it would have to deny Mr. Garcia’s petition based on the current federal law. 8 U.S.C. § 1621 prohibits illegal aliens from obtaining professional licenses, which includes the license to practice law. Mr. Garcia’s petition to get his license reinstated has been met with strong opposition. The Department of Justice submitted an amicus curiae brief, stating that Mr. Garcia should not be admitted to practice law in California and even if he was permitted to do so, he could not legally be employed by any law firm or agency. In an editorial on the National Review Online, immigration specialist Mark Krikorian states that his admission to the bar would normalize illegal immigration.
However, in response to the court’s indications in 2012, the California legislature passed a new statute in October of 2013, allowing illegal immigrants to practice law. The new California statute — Business and Professions Code section 6064, subdivision (b) — became effective on January 1, 2014. This week, Garcia’s petition to reinstate his law license was granted by the California Supreme Court (In re Garcia, S202512, 2014 WL 24011 (Cal. Jan. 2, 2014).
The court’s decision to give Garcia a license to practice law is groundbreaking and will certainly spur change in other jurisdictions throughout the United States. There are similar cases currently being heard in Florida and New York. But is Mark Krikorian right? Is granting illegal immigrants professional licenses making illegal immigration a bit too “normal” and effectively making the illegality of it a thing of the past?
Dec 19th, 2013 by Lucie Olejnikova
If you are a December 2013 JD or LLM graduate, read up! LexisNexis is offering Grad-Access to Lexis Advance to December 2013 law school JD and LLM graduates. You can take advantage of one of the following two options:
- Graduate ID Program: Graduates can apply and receive a new Lexis Advance ID for use to study for the bar, improve your research efficiency and prepare for employment through July 31, 2014, OR
- ASPIRE: Graduates working in public interest (501(C)(3) organization) can apply and receive a Lexis Advance ID for use through December 31, 2014.
Access this 2-sided PDF flyer for additional details and application process for both options.
Congratulations to Vicky Gannon, Head of Circulation and Reference Librarian, who received the Land Use Law Center’s Annual Distinguished Service Award for her continuous contributions to the work and mission of the Land Use Law Center at Pace University School of Law.
On December 6, 2013, the Land Use Law Center hosted its 12th annual conference titled Leading Communities Toward a Resilient Future. This educational conference brought together hundreds of attorneys, business professionals, educators, and our community leaders who had the opportunity and forum to address the challenges of the future and
… [who] focused on the challenges faced by the greater New York Metropolitan area as it addresses the effects of natural disasters and a changing climate.
The Land Use Law Center was established in 1993 with the mission to foster the development of sustainable communities. The educational and research efforts of the Center have been continuously supported by the Pace Law Library, namely by Vicky Gannon. Three years of the Center’s inception, Vicky became the liaison to Prof. Nolon and began working with the students in his Land Use class. Shortly thereafter, Vicky became the liaison to the Center and since then has worked tirelessly with faculty and students on their research projects. At this year’s conference, Prof. John Nolon recognized Vicky for her keen contributions, determined work, and enthusiastic support. Click here to access Vicky’s research guides.
Join Pace Law Library in congratulating Vicky on this well-deserved recognition!
In the six years since the financial crisis began, some commentators have wondered if promised reforms would ever be implemented. The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), passed by Congress in 2010, mandated new regulations on proprietary trading by federally-insured banks and required greater disclosure in derivatives transactions. Finally, on December 10, the Federal Reserve Board of Governors announced that five federal agencies (the FDIC, SEC, CFTC, Office of the Comptroller of the Currency, and the Federal Reserve) had adopted the “Volcker Rule.” The Volcker Rule, named for the former Fed chief who proposed it, prohibits federally-insured banks from engaging in short-term proprietary trading of securities, derivatives, and other financial instruments for their own account. The practice of proprietary trading is said to have caused conflicts of interest between some banks and their clients in the run-up to the crisis; certain banks have been accused of making proprietary bets against the same investments that they recommended to their clients as sound investments. The rule also imposes limits on banks’ investments in and relationships with hedge funds and private equity funds (although some activities are exempted). Banks will have until July 2015 to fully comply with the Rule.
Text of the Volcker Rule: http://www.federalreserve.gov/aboutthefed/files/volcker-rule-notice-20131210.pdf.
Press Releases from the Federal Reserve:
The New York Times: Finally, the Volcker Rule
Forbes: The Six Gaping Loopholes in the Controversial Volcker Rule
The Economist: The Volcker Rule: More Questions Than Answers.