Pace Law Library

Pace Law Library Includes reference services, a research collection, electronic databases and research guides. lawlibrary.blogs.pace.edu instagram.com/pacelawlibrary/
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Pace Law Library houses a fine research collection, electronic databases, and Internet resources and research guides. Please give us suggestions for new purchases, services or equipment that will help keep the library as responsive to your needs as possible. Please get to know us, and let us help you with your research problems. Once again, on behalf of the entire staff, we look forward to your visit. Marie Stefanini Newman Director of the Law Library and Professor of Law

Mission: The Law Library of the Elisabeth Haub School of Law at Pace University is a gateway to information. As an essential component of legal education, the Library collects and organizes information to support the curriculum and programs of the Elisabeth Haub School of Law, makes effective use of all available resources to promote student and faculty scholarship, and teaches Elisabeth Haub School of Law students, faculty, and staff how to retrieve, evaluate, and manage information in an efficient, professional, and ethical manner

The Law Library has a wide array of study areas to meet the needs of our current students. Study areas can be found on e...
08/25/2020

The Law Library has a wide array of study areas to meet the needs of our current students. Study areas can be found on every floor of the Law Library and include open study space on the second and third floors of the Gerber Glass Law Center. Reserve your seat today! https://libcal.law.pace.edu/r

08/25/2020
New LONGER hours starting Monday, November 4th at Pace Law Library! ⏰📚📓
11/01/2019

New LONGER hours starting Monday, November 4th at Pace Law Library! ⏰📚📓

Fall 2019 Legal Research Workshops presented by #PaceLawLibrary. Space is limited. Sign up today!
09/04/2019

Fall 2019 Legal Research Workshops presented by #PaceLawLibrary. Space is limited. Sign up today!

06/18/2019
California Dreaming?

California Dreaming?

Over the past few years, California became the setting for shocking tales of sex inequality and abuse in Hollywood and Silicon Valley. Decades after women achieved educational parity. men still run the corporate world. In response to these stories exposed by the #MeToo movement, California joined th...

Great information for  #lawpracticemanagement
06/18/2019
3 Ideas To Future-Proof Your Law Firm – LLRX

Great information for #lawpracticemanagement

3 Ideas To Future-Proof Your Law Firm By Nicole L. Black, 13 Jun 2019 According to the 2019 Altman Weil “Law Firms in Transition 2019” survey, 96% of law firm leaders “agree almost unanimously that a focus on improved practice efficiency is a permanent trend in the profession.” One way that ...

06/17/2019
Rudolph Giuliani and the Ethics of Bullsh*t

Rudolph Giuliani and the Ethics of Bullsh*t

Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable,....

06/17/2019
Representing the Child in Child Protective Proceedings: Toward A New Paradigm

Representing the Child in Child Protective Proceedings: Toward A New Paradigm

This article will attempt a new approach, one based on an analysis of the child's interests in a child protective proceeding. As will be discussed in Part 1, most interests are surprisingly overlooked or barely articulated in the representation debate. Part 2 will summarize the statutes and case law...

06/14/2019
Reclaiming the Right to Food as a Normative Response to the Global Food Crisis

Reclaiming the Right to Food as a Normative Response to the Global Food Crisis

In 2009, the number of hungry in the world crossed the one billion mark, a dubious milestone that has been attributed in large part to consecutive food and economic crises. Over ninety-eight percent of these individuals live in the developing world. Ironically, a great majority are involved in food....

06/14/2019
Equal by Law, Unequal by Caste: The "Untouchable" Condition in Critical Race Perspective

Equal by Law, Unequal by Caste: The "Untouchable" Condition in Critical Race Perspective

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the b...

06/14/2019
Overlooked Danger: The Security and Rights Implications of Hindu Nationalism in India

Overlooked Danger: The Security and Rights Implications of Hindu Nationalism in India

This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP tha...

06/12/2019
Between Brady Discretion and Brady Misconduct

Between Brady Discretion and Brady Misconduct

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evide...

06/11/2019
Neuroscience, Justice and the "Mental Causation" Fallacy

Neuroscience, Justice and the "Mental Causation" Fallacy

Mental causation is a foundational assumption of modern criminal justice. The law takes it for granted that wrongdoers “deserve” punishment because their acts are caused by intentions, reasons and other mental states. A growing body of neuroscience evidence shows, however, that human behavior is...

Electronic Services Librarian Errol A. Adams was presented with the Outstanding Member Award at the annual #LLAGNY dinne...
06/10/2019

Electronic Services Librarian Errol A. Adams was presented with the Outstanding Member Award at the annual #LLAGNY dinner on June 6. Congratulations, Errol!

06/07/2019

More of Bunny in motion

Bunny needed to return some items......
06/07/2019

Bunny needed to return some items......

06/04/2019
Ministerial Magic: Tax-Free Housing and Religious Employers

Ministerial Magic: Tax-Free Housing and Religious Employers

Religious organizations enjoy many of the same benefits that other non-profit organizations do. Churches, temples and mosques, for example, generally are exempt from local real estate taxes. Economically speaking, a tax exemption has the same effect as a subsidy; freedom from tax liability means tha...

Professor Marie Stefanini Newman, Director of @pacelawlibrary since 1998, has retired. Marie was a mentor to the referen...
05/30/2019

Professor Marie Stefanini Newman, Director of @pacelawlibrary since 1998, has retired. Marie was a mentor to the reference librarians and always committed to the success of both the Library staff and @pacelawschool students. We miss her already. 😢

Update: Only the study area on the  3rd floor of Gerber Glass will remain open to students. Regular library hours will r...
05/22/2019

Update: Only the study area on the 3rd floor of Gerber Glass will remain open to students. Regular library hours will resume Thursday, May 23rd.

Spring in full bloom.....
05/07/2019

Spring in full bloom.....

04/27/2019
Less Trust Means More Trusts

Less Trust Means More Trusts

The word “trust” has multiple meanings. In everyday speech, it refers to a feeling of confidence associated with integrity, such as trusting that a friend will keep a secret. In the financial context, some law students, lawyers and lucky individuals also understand that a trust is a near-magical...

04/19/2019
The Supreme Court, Due Process and State Income Taxation of Trusts

The Supreme Court, Due Process and State Income Taxation of Trusts

What are the constitutional limits on a state's power to tax a trust with no connection to the state, other than the accident that a potential beneficiary lives there? The Supreme Court of the United States will take up this question this term in the context of North Carolina Department of Revenue v...

04/17/2019
The Futility of Walls: How Traveling Corporations Threaten State Sovereignty

The Futility of Walls: How Traveling Corporations Threaten State Sovereignty

Inversions--mergers in which one firm merges with another abroad to avoid taxes in its home country--have spread as globalization has reduced many of the transactional costs associated with relocating. As firms acquire the power to choose the laws that govern them, they challenge the sovereignty of....

04/17/2019
Freedom of Religion and Belief in India and Australia: An Introductory Comparative Assessment of Two Federal Constitutional Democracies

This article considers the freedom of religion and belief (“free exercise”) in two secular federal constitutional democracies: India and Australia. Both constitutional systems emerged from the former British Empire and both continue in membership of the Commonwealth of Nations, which succeeded it. However, the similarities end there, for while both separate church and state, and protect free exercise, they do so in very different ways. On the one hand, the Indian Constitution contains express provisions which comprehensively deal with free exercise. On the other hand, while one finds what might appear a protection for free exercise in the Australian Constitution, that protection is far from comprehensive. Instead, unlike its Indian counterpart, the Australian federal democracy depends upon a piecemeal collection of Constitutional, legislative, and common law provisions which, when taken together, seem to achieve plenary protection for free exercise. Still, while India protects free exercise within a comprehensive constitutional framework, and while Australia does so in a disjointed and fragmentary way, both arrive at the same place: a constitutionalism characterized by secularism/separation of church and state combined with a corresponding comprehensive protection for free exercise.

This article considers the freedom of religion and belief (“free exercise”) in two secular federal constitutional democracies: India and Australia. Both constitutional systems emerged from the former British Empire and both continue in membership of the Commonwealth of Nations, which succeeded i...

04/17/2019
Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment?

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First Amendment of the United States Constitution because the Russians engaged in conduct that is crucial to political discourse in a Democracy and which the Founding Fathers intended to protect. Therefore, prosecution of the Russian Defendants on that basis should cease.

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political mes...

04/17/2019
Platforms, the First Amendment and Online Speech: Regulating the Filters

In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rules. In today’s information environment, social media platforms have become a platform press by providing hosting as well as navigation and delivery of public expression, much of which is done through machine learning algorithms. This article argues that there is a subset of algorithms that social media platforms use to filter public expression, which can be regulated without constitutional objections. A distinction is drawn between algorithms that curate speech for hosting purposes and those that curate for navigation purposes, and it is argued that content navigation algorithms, because of their function, deserve separate constitutional treatment. By analyzing the platforms’ functions independently from one another, this paper constructs a doctrinal and normative framework that can be used to navigate some of the complexity.

The First Amendment makes it problematic to interfere with how platforms decide what to host because algorithms that implement content moderation policies perform functions analogous to an editorial role when deciding whether content should be censored or allowed on the platform. Content navigation algorithms, on the other hand, do not face the same doctrinal challenges; they operate outside of the public discourse as mere information conduits and are thus not subject to core First Amendment doctrine. Their function is to facilitate the flow of information to an audience, which in turn participates in public discourse; if they have any constitutional status, it is derived from the value they provide to their audience as a delivery mechanism of information.

This article asserts that we should regulate content navigation algorithms to an extent. They undermine the notion of autonomous choice in the selection and consumption of content, and their role in today’s information environment is not aligned with a functioning marketplace of ideas and the prerequisites for citizens in a democratic society to perform their civic duties. The paper concludes that any regulation directed to content navigation algorithms should be subject to a lower standard of scrutiny, similar to the standard for commercial speech.

In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rul...

04/17/2019
George Washington’s Attorneys: The Political Selection of United States Attorneys at the Founding

This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interests, adhere to the government’s policies, and advance Washington’s political goals. His selections also demonstrated Washington’s requirement of loyalty to America. In this respect, the politicization of United States Attorneys occurred at the outset. Part I of this Article defines politicization and identifies its four aspects. Part II describes the United States Attorney position as understood through the 1789 Judiciary Act and state experience. Part III examines how Washington’s selections and selection process included three of the four politicization categories. The concluding Section briefly explores the ramifications of politicization and its potential benefits in today’s prosecutorial environment

This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interes...

04/17/2019
The Forgotten Unitary Executive Power: The Textualist, Originalist, and Functionalist Opinions Clause

This article will analyze the Opinion Clause’s text, its history and intent, and its potential functions as a power. Part II catalogues much of the prior scholarship on the Opinions Clause, which generally fits into two categories: the anti-unitary approach, which argues that a substantive reading of the Vesting Clause renders the Opinions Clause redundant, and the unitary response, which essentially accepts that redundancy. To some extent, both sides miss the mark. The unitary approach misreads the text, assigning great substantive weight to the descriptive Vesting Clause, while assigning descriptive status to the substantive Opinions Clause. The anti-unitary approach, on the other hand, neglects to analyze the substantive powers of the Opinions Clause and what they mean for the constitutional nature of the presidency. As a result, while anti-unitary scholars are correct in that the Opinions Clause refutes a substantive reading of the Vesting Clause, their position is undermined by their failure to advocate for a definable alternative. This article fills this space.

Part III focuses on the text of the Opinions Clause and analyzes its implications for the Presidency. The text vests the president with discretionary power to inform himself of the workings of the entire executive branch. On the other hand, the limited nature of this power suggests that the Constitution does not vest the president with unenumerated powers. For example, the Opinions Clause grants the president the authority to require a principal officer report to him, but it does not grant the president the power to remove that officer. To close this argument, the Opinions Clause and the broader structure of Article II is used to refute the unitary argument that the Vesting Clause fills in any of the gaps in power left by the Opinions Clause. Part IV assigns the Clause its historical significance by analyzing its introduction and adoption at the Philadelphia Convention. Then, it is shown that the Clause serves James Madison’s and the framers’ purpose of the presidency: to be a republican check on a factious legislature. To illustrate, Part V analyzes President Washington’s use of the Opinions Clause to prepare and execute a response to the Whiskey Rebellion. From this historical example, an inference is made of three Opinions Clause powers vested uniquely in the president: the Unitary Political and Legislative Power, the Unitary Judicial Power, and the Unitary Executive Power. These three powers enable the president to protect the executive branch from both legislative and judicial encroachments, garner political support amongst the electorate, and unify the executive branch even in situations where congress has restricted the president’s legal authority.

Finally, Part VI examines the recent practices of President Trump through the lens of the Opinions Clause, namely, President Trump’s attempt to use the Opinions Clause for his initial justification for the firing of former FBI Director James Comey. This Part includes the discovery of potentially troubling facts centered around the current President’s actions which tend to compromise the independence of the Department of Justice. In contrast to President Washington, who used the power of the Opinions Clause to further his legislative, judicial, and executive policies in crushing the Whiskey Rebellion, President Trump’s actions suggest a reason the framers granted the president this more limited power—to allow Congress the flexibility to regulate the execution of the law and prevent presidential abuse of power. Additionally, after documenting the evidence as we now know it, this Section turns to the steps congress can take on the basis of the correct reading of Article II. Congress can insulate inferior officers such as the FBI Director from reporting directly to the president, prevent presidents from ordering politically motivated investigations, and protect any officer, including Special Counsel Robert Mueller, from at-will removal.

This article will analyze the Opinion Clause’s text, its history and intent, and its potential functions as a power. Part II catalogues much of the prior scholarship on the Opinions Clause, which generally fits into two categories: the anti-unitary approach, which argues that a substantive reading...

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Pace Law Library houses a fine research collection, including microform materials, electronic databases, and Internet resources and research guides. We have designed our website to help you find your way around the Library and to acquaint you with the services we provide. However, if you cannot find your answer here, please email us any questions you have. We hope you will also give us suggestions for new purchases, services or equipment that will help keep the library as responsive to your needs as possible. Please get to know us, and let us help you with your research problems.

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