The Pace Law Review, edited by students at Pace University School of Law, is devoted to the study and publication of scholarly materials of professional legal interest. The Review publishes four issues during each academic year. Each issue contains articles by professors, practitioners, and judges, as well as student notes and comments, on specific issues in law, recent decisions, and current legislation
Submissions from 2010
Efficacy of the Obama Policies to Combat Al-Qa'eda, the Taliban, and Associated Forces--The First Year, Jeffrey F. Addicott
Free Speech, Terrorism, and European Security: Defining and Defending the Political Community, Shawn Marie Boyne
Attorney General Robert Jackson's Brief Encounter with the Notion of Preclusive Presidential Power, William R. Casto
How Not to Process Stateless Enemies: A Review of Andrew McCarthy's Willful Blindness: A Memoir of the Jihad, Timothy Connors
International Legality, the Use of Military Force, and Burdens of Persuasion: Self-Defense, the Initiation of Hostilities, and the Impact of the Choice Between Two Evils on the Perception of International Legitimacy, Geoffrey Corn and Dennis Gyllensporre
Constitutionality of Torture in a Ticking-Bomb Scenario: History, Compelling Governmental Interests, and Supreme Court Precedents, Riddhi Dasgupta
Foreword, Kenneth M. Karas
“Intelligence” Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering, Robert C. Power
The Founders, Executive Power, and Military Intervention, Christopher A. Preble
Classification of Participants in Suicide Attacks and the Implications of this Classification on the Severity of the Sentence: The Israeli Experience in the Military Courts in Judea and Samaria as a Model to Other Nations, Amit Preiss and Chagai D. Vinizky
The State Secrets Privilege in the Post-9/11 Era, Steven D. Schwinn
Submissions from 2009
The Regulation of Greenhouse Gas Emissions by New York State from a Legal Perspective: Is a Tax or Market-Based System Optimal?, Christopher Aung
Can’t Live Without Air: Title Insurance and the Bursting of the Real Estate Bubble, Marvin N. Bagwell
Reservations About Extending Bivens to Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers for Constitutional Violations, Blake R. Bertagna
Forum Non Conveniens and the Need For Availability of an Alternative Forum Under CPLR 327: Is the Islamic Republic Case an Anomaly?, Anthony J. Centone
Which Party Pays the Costs of Document Disclosure?, Patrick M. Connors
The Importance of Deceptive Practice Enforcement in Financial Institution Regulation, Prentiss Cox
What’s An Intimate Relationship, Anyway? Expanding Access to the New York State Family Courts for Civil Orders of Protection, Jennifer Cranstoun, Christopher O'Connor, and Tracey Alter
Cross-Endorsement by Political Parties: A “Very Pretty Jungle”?, Celia Curtis
Unsafe Loans in a Deregulated U.S. Mortgage Market, Vincent Di Lorenzo
Nationalization, De-Nationalization, Re-Nationalization: Some Historical and Comparative Perspective, Mark A. Edwards
The Rebate “Rip-Off”: New York’s Legislative Responses to Common Consumer Rebate Complaints, Matthew A. Edwards
A Glance at the Impact of the Subprime Mortgage Crisis on the Title Insurance Industry, Suzanne M. Garcia
Goodman & Epstein, Listening to Battered Women: A Survivor-Centered Approach to Advocacy, Mental Health and Justice, Julie Goldscheid
Disquiet on the Home Front: Disturbing Crises in the Nation's Markets and Institutions, Shelby D. Green
Real Property, Mortgages, and the Economy: A Call for Ethics and Reforms, Shelby D. Green
Branson, No Seat at the Table: How Corporate Governance and Law Keep Women Out of the Boardroom, Joan MacLeod Heminway and Sarah White
Being Green Doesn’t Need To Be Taxing: How New York State Law Is a Vanguard For Using Green Infrastructure, Keith J. Jones
Leiper, Bar Codes: Women In the Legal Profession; Mossman, The First Women Lawyers: a Comparative Study of Gender, Law and the Legal Professions, Renee Newman Knake
A Superfund Solution for an Economic Love Canal, Mehmet K. Konar-Steenberg
Flying Above the Law and Below the Radar: Instilling a Taxpaying Ethos in Those Playing by Their Own Rules, Richard Lavoie
Keeping Promises to Immigrant Youth, Theo S. Liebmann
Hewlett, Off-Ramps and On-Ramps: Keeping Talented Women On the Road to Success, Rachel J. Littman
Mortgage Market Reform and the Fallacy of Self-Correcting Markets, Robin Paul Malloy
Temkin & Krahe, Sexual Assault and the Justice Gap: A Question of Attitude, Elisabeth McDonald
Monopoly Pricing on Campus: New York’s Textbook Access Act, Gary Minda
Discriminatory Retaliation: Title VII Protection for the Cooperating Employee, Megan E. Mowrey
Taking the MOLST (Medical Orders for Lifesustaining Treatment) Statewide, Robert S. Olick, Joel Potash, and Amy T. Campbell
Finding the Middle Ground: Acuna v. Turkish and the New Jersey Supreme Court’s Reaffirmation of a Doctor’s Role Under the Doctrine of Informed Consent in the Digital Age, Allyson M. Rucinski
Modernization of New York’s Land Use Laws Continues to Meet Growing Challenges of Sustainability, Patricia A. Salkin and Jessica A. Bacher
State Subprime Lending Litigation and Federal Preemption: Toward a National Standard, Alan H. Scheiner
Talvi, Women Behind Bars: The Crisis of Women in the U.S. Prison System, Giovanna Shay
Ross, Women’s Human Rights: The International and Comparative Law Casebook, Mary Pat Treuhart
Smoke and Mirrors: Predatory Lending and the Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire
Should New York Courts Hear Certified Questions From the Securities and Exchange Commission?, Verity Winship
Submissions from 2008
New Rights and Remedies: The Federal Crime Victims' Rights Act of 2004, David E. Aaronson
Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty-First Century, Tawny L. Alvarez
Consent to Harm, Vera Bergelson
Victims and the Significance of Causing Harm, Guyora Binder
An Employment Contract "Instinct with an Obligation": Good Faith Costs and Contexts, Robert C. Bird
Morse v. Frederick: Evaluating a Supreme Hit to Students’ First Amendment Rights, Kellie A. Cairns
Exploring (Social) Class in the Classroom: The Case of Lucy, Lady Duff-Gordon, Miriam A. Cherry
Should Being a Victim of a Crime Be a Defense to the Same or a Different Crime?, Russell L. Christopher
Cardozo, Anti-Formalism, and the Fiction of Noninterventionism, Larry A. DiMatteo
Feticide Laws: Contemporary Legal Applications and Constitutional Inquiries, Marka B. Fleming
Cardozo's Opinion in Lady Lucy's Case: "Formative Unconscionability," Impracticality and Judicial Abuse, Monroe H. Freedman
The Insanity of the Mens Rea Model: Due Process and the Abolition of the Insanity Defense, Jean K. Gilles Phillips and Rebecca E. Woodman
Corporations as Victims of Mismanagement: Beyond the Shareholders vs. Managers Debate, Carlos Gomez-Jara Diez
Iraq as a Psychological Quagmire: The Implications of Using Post-Traumatic Stress Disorder as a Defense for Iraq War Veterans, Erin M. Gover
Death Becomes the State: The Death Penalty in New York State - Past, Present and Future, Deborah L. Heller
The Practice of Teaching, the Practice of Law: What Does It Mean to Practice Responsibly?, Howard Lesnick
"Implied," "Inferred," and "Imposed": Default Rules and Adhesion Contracts - The Need for Radical Surgery, Peter Linzer
Victims and Self-Liability in Criminal Law: Beyond Contributive Negligence and Foreseeability (Without Blaming the Victim), Manuel Cancio Melia
A Picture of the New York Court of Appeals at the Time of Wood v. Lucy, Lady Duff-Gordon, Meredith R. Miller
Old Wine in New Wineskins? Appraising Professor Bergelson's Plea for Comparative Criminal Liability, Inigo Ortiz de Urbina Gimeno
Neutral Standardizing of Contracts, Joseph M. Perillo
Wood v. Duff-Gordon and the Modernist Cult of Personality, Megan Richardson and David Tan
Too Close for Comfort: The Potential Dilemma Facing the Securities and Exchange Commission and the Public Accounting Oversight Board, David H. Roberts
Civil Liability for Aiding and Abetting: Should Lawyers Be “Privileged” to Assist Their Clients’ Wrongdoing?, Eugene C. Schiltz
Doctrines Regarding "The Fight Against Impunity" and "The Victim's Right for the Perpetrator to be Punished", Jesus-Maria Silva Sanchez
Down but Not Out: How School Districts May Utilize Race-Conscious Student Assignments in the Wake of Parents Involved in Community Schools v. Seattle School District No. 1, Michael A. Stevens
Teaching Ethics in Context: Wood v. Lucy, Lady Duff-Gordon in the First Year Curriculum, Celia R. Taylor
What It's Worth to Do Your Best, Andrew Tettenborn
Balancing Individual and Societal Interests Under the First Amendment: How the Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Wood v. Lucy: The Overlap Between Interpretation and Gap-Filling to Achieve Minimum Decencies, Nicholas R. Weiskopf
The Ideal Victim, Leo Zaibert
Integrating Academic Skills Into First Year Curricula: Using Wood v. Lucy, Lady Duff-Gordon to Teach the Role of Facts in Legal Reasoning, Deborah Zalesne and David Nadvorney
Submissions from 2007
Following the Yellow Brick Road of Evolving Standards of Decency: The Ironic Consequences of "Death-is-Different" Jurisprudence, William W. Berry, III
Addicted to Fault: Why Divorce Reform Has Lagged in New York, J. Herbie DiFonzo and Ruth C. Stern
Comments on the Miller Commission Report: A California Perspective, Judge Leonard Edwards (ret)
O'Brien v. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
Client-Directed Lawyers for Children: It Is the "Right" Thing to Do, Linda D. Elrod
Death Penalty Jurisprudence in New York and the Supremacy Clause of the United States Constitution: How Supreme is It?, Joseph E. Fahey
Convocation on the Face of the Profession: Judicial Institute on Professionalism in the Law, Stephen J. Friedman
Reforming Divorce: What's Needed and What's Not, Marsha Garrison
Justice Abandoned: Forty Years of Stalemate in Actions for Divorce on the Ground of Abandonment, Dolores Gebhardt and Honorable Sondra Miller
A Law Guardian by Any Other Name: A Critique of the Report of the Matrimonial Commission, Martin Guggenheim
A Square Peg and a Round Hole: The Application of Weingarten Rights to Employee Drug and Alcohol Testing, Daniel V. Johns, Esq.
Symposium on the Miller Commission on Matrimonial Law, Janet A. Johnson
Pace Law Review Symposium: New York Matrimonial Commission, Honorable Judith S. Kaye
The Courts' Failure to Re-Enfranchise "Felons" Requires Congressional Mediation, Otis H. King and Jonathan A. Weiss
An Argument for Original Intent: Restoring Rule 801(D)(1)(A) to Protect Domestic Violence Victims in a Post-Crawford World, Andrew King-Ries
Pangaea: Converging Global Approaches to Bundled Brokerage and Soft Dollar Practices, Andrew R. Mannarino
Balancing Freedom of Speech with the Right to Privacy: How to Legally Cope with the Funeral Protest Problem, Anna Zwierz Messar
Appendix A: Matrimonial Commission of the State of New York, Report to the Chief Judge of the State of New York, Honorable Sondra Miller, Chairperson