Legal Tenzer: Casual Conversations on Noteworthy Legal Topics

Prof. Leslie Y. Garfield Tenzer

In this podcast, Leslie Y. Garfield Tenzer, Professor of Law and host of Law to Fact, teams up with West Academic to bring you interesting conversations about contemporary legal issues. The podcast provides listeners with an overview of the kinds of stories in the news today. Listeners leave with enough insight to continue the conversation with friends and colleagues.

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Episodes

Josh Galperin on Earth Day!
Apr 18 2024
Josh Galperin on Earth Day!
In This Episode... Professor Josh Galperin, Assistant Professor of Law at the Elisabeth Haub School of Law at Pace University, shares the origins of Earth Day and explains how the day has strayed from its original intent.About Our Guest...Professor Josh Galperin joined the Haub faculty in July 2021. Prior to joining the Elisabeth Haub School of Law at Pace University, Josh was on the faculty at the University of Pittsburgh School of Law since 2018, where he taught Torts, Administrative Law, Constitutional Law, and Environmental Law, Policy, and Practice. Josh was a student nominee for the Distinguished Public Service Professor award and a dean’s nominee for the Provost’s Diversity in the Curriculum award. He was also a two-time winner of the Most Valuable Professor award. Prior to Pitt Josh was the Director of the Environmental Protection Clinic, Lecturer in Law, and a Research Scholar at Yale Law School. Josh was also a lecturer and the Environmental Law and Policy Program Director at the Yale School of the Environment (YSE). In addition to directing and teaching the Environmental Protection Clinic, Josh directed the dual law-environment degree program between YSE and Pace, Vermont, and Yale law schools. He was a lead collaborator in the Land Use Collaborative between YSE and Pace. Josh was also the associate director for the Yale Center for Environmental Law & Policy where he oversaw all operations of the Center including budgeting, fundraising, research, and teaching. Josh received the award for excellence in research, teaching, and service from the YSE graduating class of 2017.Josh’s research and teaching cover environmental law, administrative law, food and agriculture law and policy, property, constitutional law, and tort law. He has published extensively on environmental law, with particular emphasis on the role of non-governmental advocates in the creation and maintenance of environmental law, takings and just compensation, invasive species policy, and private environmental governance. His research in administrative law looks at constitutional democracy and administrative legitimacy with a focus on how governance intuitions influence political power. He has also written about food and agriculture law and policy, particularly where agriculture and food law intersect with environmental policy and administrative law doctrine. His work appears in the Georgetown Law Journal, the Columbia Journal of Environmental Law, the Stanford Environmental Law Journal, University of Pittsburgh Law Review, Cambridge University Press, University of Virginia Journal of Environmental Law, Denver Law Review, Arkansas Law Review, Vermont Law Review, Fordham Urban Law Journal, George Washington Journal of Energy and Environmental Law, and elsewhere.
Natalie Nanasi | Gun Regulation and Domestic Violence
Apr 11 2024
Natalie Nanasi | Gun Regulation and Domestic Violence
In This Episode...Natalie Nanasi, Director of the Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women and Associate Professor of Law, shares her extraordinary work on preventative gun violence. She discusses United States v. Rahimi, which is before the Supreme Court this term. Rahimi considers whether the federal law that prohibits the possession of firearms by people subject to domestic violence restraining orders violates the Second Amendment.About Our Guest...Natalie Nanasi is an Associate Professor of Law and the founding Director of the Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women at Southern Methodist Dedman School of Law.In the Hunter Clinic, Professor Nanasi supervises students’ representation of survivors of intimate partner violence, human trafficking, and sexual abuse in a broad range of legal matters. She also oversees students as they conduct systemic policy advocacy and community education to find long-term solutions to the problem of violence against women. Professor Nanasi's research explores the intersection of gender and feminist theory with immigration and firearms. Her scholarship has appeared in numerous journals and law reviews, including the Ohio State Law Review, Yale Journal of Law and Feminism, Harvard Law & Policy Review, Temple Law Review, Villanova Law Review, and Columbia Journal of Gender and Law.Prior to arriving at SMU, Professor Nanasi was a Practitioner-in-Residence and the Director of the Domestic Violence Clinic at American University, Washington College of Law (WCL). Before joining the faculty at WCL, she was the Senior Immigration Attorney and Pro Bono Coordinator at the Tahirih Justice Center, where she represented immigrant women and girls fleeing human rights abuses such as female genital cutting, domestic and sexual violence, forced marriage, and honor crimes. Professor Nanasi also served as counsel in the landmark asylum case of Matter of A-T- and as an Equal Justice Works Fellow from 2007-2009, with a focus on the U visa. Prior to her work at Tahirih, she was a law clerk to the Honorable Lynn Leibovitz of the District of Columbia Superior Court.Professor Nanasi received her J.D. from Georgetown Law, where she earned an Equal Justice Foundation fellowship for her work at the South Asia Human Rights Documentation Center in New Delhi, India, and assisted in the representation of HIV-positive immigrants at Whitman Walker Clinic Legal Services. Prior to her legal career, Professor Nanasi was a rape crisis counselor and supported single teenage mothers at a transitional residence facility in Boston.
Doron Dorfman | Paradox of Preventative Medicine
Apr 4 2024
Doron Dorfman | Paradox of Preventative Medicine
In This Episode...I speak with Professor Doron Dorfman, Associate Professor of Law about his newest article, Penalizing Prevention: The Paradoxical Legal Treatment of Preventive Medicine.About Our Guest..Professor Dorfman’s research and teaching focus on disability law, health law, employment law, torts, and family law. His work has won multiple writing awards, was cited by federal courts and the Israeli Supreme Court, and was featured in the New York Times, Washington Post, Los Angeles Times, and USA Today.In 2023, Professor Dorfman was honored with the Michael J. Zimmer Memorial Award for a rising scholar who has made a significant contribution to the field of work law. In 2021, he was invited to testify before Congress on the relationship between vaccine requirements and anti-discrimination law.Professor Dorfman’s research was published or is forthcoming in leading law reviews such as the Michigan Law Review, Cornell Law Review, and University of Pennsylvania Law Review. He also published in top peer review journals including the New England Journal of Medicine, Law & Society Review, Law & Social Inquiry, and the Journal of Health Politics, Policy & Law.Professor Dorfman is a frequent contributor to the Bill of Health Blog at Harvard Law’s Petrie-Flom Center and is an editor for the Equality Section of Jotwell. He serves in leadership roles in the AALS Section on Disability Law and Section on Law, Medicine and Health care and is also the co-organizer of the Disability Legal Studies Collaborative Research Network (CRN) in the Law & Society Association. Dorfman is an affiliated researcher with the aChord Center: Social Psychology for Social Change at the Hebrew University of Jerusalem.Prior to Seton Hall Law School, Professor Dorfman taught at Syracuse University College of Law. He earned a B.A. in communication (2009), an LL.B. (J.D. equivalent, 2009) and an LL.M. (2010), all from the University of Haifa. He later earned a J.S.M. (2014) and J.S.D. (2019) from Stanford Law School. Before arriving at Stanford, he was a litigator in private practice in Israel and was actively involved in NGOs such as Kav La’Oved-Worker’s Hotline, where he gave legal advice to disadvantaged workers and asylum seekers.You can follow Professor Dorfman on X @DorfmanDoron.
Colin Levy, Esq. | Legal Tech
Mar 21 2024
Colin Levy, Esq. | Legal Tech
In This Episode...Colin Levy, Esq. shares the importance of learning legal tech in law school and embracing it in practice. We discuss his book, the Legal Tech Eco System (available on Amazon) and he shares excellent pointers for incorporating AI into your law school and legal workproduct.About Our Guest...Colin Levy is a lawyer and tech maven. His career is characterized by an interdisciplinary approach. He views the legal landscape through a prism that refracts business acumen, technological innovation, and legal expertise. This unique perspective is not only entrepreneurial but deeply collaborative, echoing his belief in the synergistic power of these disciplines.Beyond his professional sphere, Levy is a luminary sharing personal insights on platforms like LinkedIn. His discussions on legal technology, innovation, law, business, and learning are not mere observations; they are reflections of a mind deeply engaged with the evolving narrative of legal technology. His thoughts reveal a commitment to understanding and influencing this narrative, offering a holistic view of the future of law and technology. He was a key speaker at TECHxpo2019, a conference sponsored by the Ontario Bar Association, and has been featured in Above the Law and Bloomberg Law. He also writes frequently on his blog, which Feedspot named as one of the Top 30 Legal Blogs in 2020.A graduate of Trinity College in Hartford, Connecticut and Boston College Law School, Colin lives in Weston, Massachusetts with his husband Jared and two exceptionally demanding felines.
Professor Michael Vitiello | Originalism
Mar 14 2024
Professor Michael Vitiello | Originalism
In This Episode...Professor Michael Vitiello and I have a lively discussion about originalism, a constitutional and statutory interpretation method increasingly used by the members of the Supreme Court.About Our Guest...Distinguished Professor of Law Michael Vitiello of the University of the Pacific, McGeorge School of Law is a nationally-recognized expert on criminal law, sentencing policy, and marijuana law. His work on California's three-strikes law has been cited by the United States Supreme Court and the California Supreme Court. Since 2002, he has been a member of the American Law Institute, a prestigious independent organization committed to improving and modernizing law whose highly selective membership is comprised of the best legal minds in the country. Professor Vitiello is the author of 13 books and over 80 law review articles. In 2019, he and two co-authors from the University of Michigan published Cases and Material on Marijuana Law (West Academic Publishing 2019). One of his most recent book, Animating Civil Procedure, focuses on how the right wing of the Supreme Court has used procedural decisions to close the courthouse door on many prospective plaintiffs, thereby favoring corporate and other powerful interests over injured plaintiffs. His numerous articles on legalizing marijuana take a careful policy-oriented approach to that area of the law, insisting that, because legalization will occur, policy makers need to craft legislation to avoid undue social harm. His articles critical of California’s Three Strikes have been widely cited, including by two Supreme Court Justices in Ewing v. California.Prior to entering the legal academy in 1977, Professor Vitiello served as a law clerk to a Pennsylvania appellate court judge for three years. Thereafter, he received tenure at Loyola Law School in New Orleans, before visiting at Tulane Law School and the University of Mississippi Law School. He joined the McGeorge faculty in 1990. During his career, he has taught over fifteen different courses, with a special emphasis on Criminal Law, Criminal Procedure, Civil Procedure, and Marijuana Law. He has also created courses in a variety of comparative law areas, most notably using the Amanda Knox case to compare the Italian and American criminal justice systems, and has taught in international programs run by McGeorge in London and Salzburg. In 2007, he received a Fulbright Senior Specialist grant and taught at the University of Parma. During the spring of 2016, he taught a course at the University of Salzburg on “Why European clients want to avoid suit in US courts and how to avoid suit there.” In the spring of 2017, he taught a seminar on marijuana and the law and from March through June of 2017, he taught a course on “Recent Developments in American Criminal Law” at the University of Parma.In 45+ years of teaching, he shows no signs of slowing down. Several years ago, he became the senior editor for a series of simulation books published by West Academic. That series, "The Bridge to Practice," allows professors to integrate skills training into traditional classrooms. He has published three books in that series, which he uses in his three main courses. He also organized several symposia for the McGeorge community, including symposia on legalizing marijuana, sex offenses, sentencing reform, and the Warren Court. Vitiello became the Associate Dean for Scholarship in 2023.If he cannot be found in the classroom or in his office, students can find him in the gym, where they have trouble keeping up with his aerobic workouts. Since 1993, he has been a home-winemaker, often donating wine to various functions on campus.
Dr. Lisa Benjamin | Electronic Vehicles and Environmental Justice
Mar 7 2024
Dr. Lisa Benjamin | Electronic Vehicles and Environmental Justice
In This Episode...I speak with Dr. Lisa Benjamin, Associate Professor of Law at Lewis and Clark Law School, about the benefits of Electronic Vehicles. Dr. Benjamin takes an honest look at the benefits and burdens of driving an EV (BTW, the benefits far outweigh the burdens) and explores the many consequences of continuing our dependence on fossil fuels. You can read about her thesis in her article, EVs as EJ? published in Harvard Environmental Law Review.About Our Guest...Dr. Lisa Benjamin is an Associate Professor at Lewis & Clark Law School in Portland Oregon. She completed her PhD at the University of Leicester in 2017, and received the Doctoral Honors Award in 2018. In 2018, Lisa was a Global Leaders Fellow at the Blavatnik School of Government at Oxford University, and was a visiting assistant professor at Penn State Law School, where she taught Business Associations and Energy Law. In 2019, she was a Killam Postdoctoral Fellow at the Schulich School of Law at Dalhousie University. In 2021 she won the Huffman Award for outstanding faculty scholarship, in 2022 she won the Leo Levenson Award for excellence in teaching, and was also awarded the 2022-2023 Pace Haub Environmental Law Distinguished Junior Scholar Award.Her research focuses on climate justice and climate risk, and how these issues intersect with energy law and administrative law. She has written a book and several articles and book chapters on non-state actors and climate risk, as well as energy and climate justice in developing countries, including small island developing states. She was the legal advisor to The Bahamas during the UNFCCC Paris Agreement negotiations.Lisa is the Vice Chair of the UNFCCC Compliance Committee (Facilitative Branch), a director of Verde PDX (an environmental justice NGO), co-Chair of the Climate Accountability working group of the Climate Social Science Network, and a member of the Expert Peer Review Group in the Race to Zero campaign (a UN-backed global campaign to rally leadership and support from businesses, cities, regions, investors for a healthy, resilient, zero carbon recovery). She has been quoted in Bloomberg Law, The Financial Times, and made appearances on Velshi on MSNBC, and the BBC World Service.
Tracy Norton and Susan Tanner | AI Literacy
Feb 29 2024
Tracy Norton and Susan Tanner | AI Literacy
In This Episode...I speak with Professor Tracy Norton, Louisianna State University School of Law, and Dr. Susan Tanner, Brandeis Law School, about the AI literacy. This episode is particularly helpful to those engaged in legal research.About Our Guests...Tracy L. M. Norton is the Erick Vincent Anderson Professor of Professional Practice at Louisiana State University's Paul M. Hebert Law Center. Prof. Norton is an accomplished legal educator and scholar whose significant contributions to the field of legal communication and pedagogy include published works and influential presentations. Her notable publications include the co-edited "Law Teaching Strategies for a New Era: Beyond the Physical Classroom" (2021) with Tessa Dysart, offering insights into innovative teaching methodologies for legal education. Norton began developing digital formative assessment tools for legal education in 1998 with her pioneering work, the "Interactive Citation Workbook" (2000-2024 editions) and accompanying Lexis+ Interactive Citation Workstation. This tool is in use in approximately half of U.S. law schools, underscoring her commitment to advancing legal education through technology. Norton's contributions extend to the national and international stages with presentations at leading legal education conferences, where she has addressed pressing issues such as the application of artificial intelligence in law practice and legal education, the transition to online teaching, and the challenges and opportunities presented by generational shifts in the legal profession. Through her scholarly work and advocacy for effective teaching strategies over the past 27 years, Prof. Norton has left an indelible mark on the landscape of legal education, blending rigorous analysis with a forward-thinking approach to pedagogy and law practice not only at LSU Law but also at Touro University School of Law in New York, South Texas College of Law in Houston, and Texas Tech University School of Law in Lubbock. She currently researches and writes about using generative artificial intelligence within the bounds of the Model Rules of Professional Conduct.Dr. Susan Tanner, Assistant Professor of Law at the Louis D. Brandeis School of Law at the University of Louisville. Professor Tanner teaches Lawyering Skills at Brandeis Law and was most recently an Assistant Professor of Professional Practice and taught first-year Legal Research and Writing at the Law Center at Louisiana State University Law School.Tanner served as the Assistant Director of First-Year Writing at Carnegie Mellon University, where she oversaw and mentored new writing faculty and helped develop the curriculum for a new first-year course, Writing about Public Problems, a course on written advocacy and proposal writing.She received her PhD in Rhetoric from Carnegie Mellon University, where she held the A.W. Mellon Digital Humanities Fellowship in 2016 and the William S. Dietrich II Presidential Doctoral Fellowship in 2017. She holds a Master’s degree in Rhetoric and Composition from Arizona State University and a JD from Indiana University Maurer School of Law, where she was a Balfour Merit Scholar and graduated cum laude.Her scholarship focuses on legal language and linguistic access to justice. Before entering academia, Professor Tanner worked in a variety of legal areas including complex litigation cases at Orrick Herrington & Sutcliffe, education legislation for Students First, and taxpayer representation at a Low-Income Tax Clinic.
Dean Michael Hunter Schwartz | Equity Promoting Initiatives
Feb 22 2024
Dean Michael Hunter Schwartz | Equity Promoting Initiatives
In This Episode...Professor Michael Hunter Schwartz, Dean of McGeorge School of Law shares his ideas on promoting equity in the classroom. He explains initiatives that the administration and professors can take to make students feel comfortable in their learning experience—which translates into a better learning environment. Dean Schwartz offers specific advice to law students who don't feel seen. It is an important episode for law students, professors, administrators and lawyers.About Our Guest...Dean Michael Hunter Schwartz is the 10th Dean of the University of Pacific’s McGeorge School of Law. He started July 1, 2017.Dean Schwartz is the author of seven books (three of which come with lengthy teacher’s manuals), seven law review papers, three book chapters, and eight shorter works addressing a wide variety of teaching, learning and curriculum design topics. Schwartz's books include What the Best Law Teachers Do (Harvard University Press 2013) and a contracts textbook, Contracts: A Context and Practice Casebook (3d ed. 2020), which was the first book in a textbook series he designed to modernize law school casebooks (which he now edits).Dean Schwartz is a national leader in law school teaching and learning. Dean Schwartz has delivered more than 230 professional presentations about teaching and learning in law school. Dean Schwartz is a Consultant to the Institute for Law Teaching and Learning, and he is a member of the board of advisors for a national legal publisher and two peer-reviewed law reviews. In January 2024, National Jurist Magazine named Dean Schwartz the 9th Most Influential Person in Legal Education. He was also ranked on the list in 2014, 2015, and 2016. The Institute for the Advancement of the American Legal System selected Dean Schwartz's Contracts course as “an innovative course that reflects exemplary, innovative teaching.” In 2019, Schwartz was one of 30 CLEO Edge Award Honorees in the Education category, underscoring his transformative contributions to the field.Dean Schwartz invites you to follow his blog on innovation in legal education, What Great Law Schools Do.
Stephanie McMahon | Rethinking Law School Curriculum
Feb 15 2024
Stephanie McMahon | Rethinking Law School Curriculum
In This Episode...Professor Stephanie McMahon explains why law schools should flip the traditional model of law school learning, suggesting that second-year students should engage in more “field work” such as externships and clinics, saving the third year for the kind of doctrinal courses that are necessary to pass the bar. It’s a compelling argument, and I am not a convert to her theory!About Our Guest...Professor Stephanie Hunter McMahon has taught courses in tax law and legal history at the University of Cincinnati College of Law since 2008, and while doing so has won two of the law school’s teaching awards, its faculty excellence award, and its award for scholarship. To date, much of her scholarship explores the relationship between taxation and the public’s perception of taxation with respect to families and the application of administrative law to tax. Her interest in the development of tax policy led her to write Principles of Tax Policy for West’s Concise Hornbook Series. In the last two years, she has begun scholarship focusing on the tax treatment of disadvantaged groups, both women seeking abortions in states that do not provide access to care and the discriminatory tax treatment of inmate labor.Her writings have been published in peer-reviewed journals, The Tax Lawyer (ABA journal), Florida Tax Review, and the Virginia Tax Review, as well as student-reviewed journals, such as Northwestern Law Review, Washington Law Review, and Michigan State Law Review. Professor McMahon received her J.D. from Harvard Law School and PhD in American history from the University of Virginia. Following law school, Professor McMahon practiced in the New York offices of Cravath, Swaine & Moore and Skadden, Arps, Slate, Meagher & Flom.
Jason Czarnezki | Greenwashing and ESG Litigation
Feb 8 2024
Jason Czarnezki | Greenwashing and ESG Litigation
In This Episode... We conclude our series on lawyers working to prevent climate change. Professor Jason Czarnezki, the Elisabeth Haub School of Law, joins us to discuss his most recent article, Disclosure, Greenwashing & The Future of ESG Litigation in which he and co-author Barbara Ballan explain the laws and regulations that cover consumer and securities greenwashing litigation, how these forms of greenwashing litigation are evolving, and the synergistic relationships that does, and should, exist between these forms of litigation. About Our Guest... Professor Jason J. Czarnezki holds the Gilbert and Sarah Kerlin Distinguished Professor of Environmental Law Chair and is Associate Dean of Environmental Law Programs and Strategic Initiatives at the Elisabeth Haub School of Law at Pace University. Prior to joining the Pace Law faculty in 2013, Professor Czarnezki was formerly Professor of Law in the Environmental Law Center at Vermont Law School and director of the U.S.-China Partnership for Environmental Law. He has also held academic appointments at Marquette University Law School and DePaul University College of Law, and the Yale School of Forestry and Environmental Studies. He also served as a J. William Fulbright Scholar at Sun Yat-sen University in Guangzhou, China. Professor Czarnezki was formerly Honorary Research Associate at Oxford University's Environmental Change Institute (UK), Visiting Fellow at Uppsala Universitet Faculty of Law (Sweden), and Fellow at the University of Tromsø - The Arctic University of Norway. For 2020, Professor Czarnezki was named, by the Swedish National Research Council, the Olof Palme Visiting Professor at Stockholm University. He has presented his work on natural resources law, environmentalism, food policy, sustainable public procurement, private environmental governance, and global climate policy at universities, public interest organizations, government institutions, and conferences throughout the United States, Europe and Asia. Previously, he served as a law clerk to the Honorable D. Brock Hornby of the U.S. District Court for the District of Maine and as a law clerk for the Bureau of Legal Services at the Wisconsin Department of Natural Resources. His articles have been published in the law journals of Boston College, Boston University, Stanford University, University of Chicago, University of Colorado, University of Maryland, and University of Virginia. His books include "Everyday Environmentalism: Law, Nature and Individual Behavior" (2011) and "Food, Agriculture and Environmental Law" (2013). Professor Czarnezki received his undergraduate and law degrees from the University of Chicago and his PhD in Environmental Law from Uppsala University in Sweden.
Professors Sarah Light and Michael Vandenbergh | Private Environmental Governance
Feb 1 2024
Professors Sarah Light and Michael Vandenbergh | Private Environmental Governance
In This Episode...I speak with Professors Michael Vanderburgh and Sarah Light about their book, Private Environmental Governance.About Our Guests...Sarah E. Light is the Mitchell J. Blutt and Margo Krody Blutt Presidential Professor and the Professor of Legal Studies & Business Ethics at Wharton Business School. Professor Light’s research examines issues at the intersection of environmental law, corporate sustainability, and business innovation. Her articles have addressed the ways in which laws that structure corporations and the marketplace should be considered forms of environmental law; how private actions by business firms, such as the adoption of a private carbon fee, or lending and underwriting decisions by banks and insurance companies, can be forms of private environmental governance; and how to address concerns about greenwashing consistent with the First Amendment. Her articles have appeared in the Stanford Law Review, the Columbia Law Review, the Duke Law Journal, the UCLA Law Review, and the University of Pennsylvania Law Review, among others.Professor Light serves as Faculty Co-Director of Wharton’s Climate Center. Professor Light has repeatedly been awarded Wharton Teaching Excellence Awards in both the undergraduate and MBA divisions.Michael Vandenbergh is the David Daniels Allen Distinguished Chair in Law Director, and the Climate Change Research Network Co-Director, Energy, Environment and Land Use Program at Vanderbilt University Law School. He is an award-winning teacher and scholar whose research focuses on working with interdisciplinary teams to explore environmental governance, environmental behavior and climate change. His research has developed the concept of private environmental governance and explored how private governance initiatives can address polarization and other barriers to climate change mitigation. His interdisciplinary work with Vanderbilt’s Climate Change Research Network focuses on the reduction of carbon emissions from the household sector, and he is one of the top 25 law professors in the US based on peer-reviewed literature citations. His book with physicist Jonathan Gilligan, Beyond Politics: The Private Governance Response to Climate Change (Cambridge University Press, 2017) was favorably reviewed in Science, Nature Climate Change and Legal Planet; won the 2018 Chancellor’s Award for Research; and was named by the Environmental Forum as one of the most important environmental policy books of the last 50 years. His article “Beyond Gridlock,” also co-authored with Gilligan, won the 2015 Morrison Prize for North America’s best sustainability article. Before joining Vanderbilt’s law faculty, Professor Vandenbergh was a partner at Latham & Watkins in Washington, D.C. He served as chief of staff of the U.S. Environmental Protection Agency from 1993 to 1995. He began his career as a law clerk for Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit. Professor Vandenburgh has received teaching awards at Vanderbilt and at the Wharton School, University of Pennsylvania.
Professor Camila Bustos Discusses Her Organization, Law Students for Climate Change
Jan 18 2024
Professor Camila Bustos Discusses Her Organization, Law Students for Climate Change
In This Episode...Professor Camila Bustos of Pace Law School discusses the important work Law Students for Climate Accountability. When we think about law students and climate change, we think about student advocacy work. The organization, Law Students for Climate Change, is a bit different. LS4CA harnesses the power of law students in their decision-making process when it comes to planning their careers. The group's mission is to inform and encourage law students to accept jobs with law firms that have demonstrated a commitment to represent firms that help the planet, not firms that represent fossil fuel companies. You can learn more about the mission here. And check out their 2023 Climate Change Score Card here.About Our Guest...Camila Bustos joined the Elisabeth Haub School of Law faculty in 2023. Prior to joining the Elisabeth Haub School of Law at Pace University, Professor Bustos was a Visiting Assistant Professor of Human Rights at Trinity College and a Clinical Supervisor in human rights practice at the University Network for Human Rights. She also served as a term law clerk to Justice Steven D. Ecker of the Connecticut Supreme Court and as a consultant with the International Refugee Assistance Project (IRAP).Professor Bustos is a graduate from Yale Law School, where she received the Francis Wayland Prize and was a Switzer Foundation Fellow and a Paul & Daisy Soros Fellow. During law school, she worked at the Center for Climate Integrity, the Climate Litigation Network, and EarthRights International. Professor Bustos also co-founded Law Students for Climate Accountability, a national law student-led movement pushing the legal industry to phase out fossil fuel representation and support a just, livable future. She was also the co-chair of the Asylum Seeker Advocacy Project at Yale, and co-chair of the Women of Color Collective. Prior to law school, she worked as a human rights researcher at the Center for the Study of Law, Justice, and Society (Dejusticia) in Colombia.Professor Bustos’s writing has appeared in The Guardian, the Yale Journal of Law and Feminism, the ABA Human Rights Magazine, and the first legal casebook on Earth Law. Her research and scholarship focuses on human rights law, environmental law, international environmental law, and climate change law. Her forthcoming co-authored article, Climate Migration and Displacement: A Case Study of Puerto Rican Women in Connecticut, will be published in the Connecticut Law Review. She is a frequent presenter on climate displacement, human rights, climate law, climate ethics, environmental justice, and more. Currently, she serves on the Advisory Board of Law Students for Climate Accountability, and she is a Board Member of Breach Collective.
Professor Jon Brown | Nonprofit Law
Dec 7 2023
Professor Jon Brown | Nonprofit Law
It is the season of giving, and what better topic to discuss than Nonprofit Law. Professor Jon Brown of the Elisabeth Haub School of Law is here to explain nonprofit law.  We discuss all things nonprofit including the murky line between for-profit and charitable companies.  There is a great discussion of ChatGPT in here too!About Our Guest:Professor Jonathan Brown  joined the Pace Law faculty in 2016. Professor Brown is the founder and director of the school’s Food and Farm Business Law Clinic, which launched in January 2017. The Food and Farm Business Law Clinic provides pro bono transactional legal services to small farm businesses, artisan food manufacturers, craft beverage entrepreneurs, and related nonprofit organizations. The Clinic’s legal services help clients expand access to local, healthy food in underserved communities, start or expand mission-driven business ventures, steward the preservation and transitioning of farmland for future generations of farmers, and implement innovative and sustainable production, processing, and distribution practices. Prior to joining the Pace faculty, Professor Brown was a Clinical Lecturer in Law and Eugene Ludwig/Robert M. Cover Fellow in Law at Yale Law School, where he co-taught the Community and Economic Development Clinic. There, he represented community-based organizations seeking to promote economic opportunity and mobility, including affordable housing developers, community development banks, farms and farmer’s markets, and neighborhood associations. Previously, Brown was a senior associate at Milbank, Tweed, Hadley & McCloy LLP, in New York. There, he primarily represented lenders and borrowers in large corporate finance transactions, and also represented not-for-profit organizations on corporate matters.Professor Brown serves on the board of the Northeastern Organic Farming Association of New York (NOFA-NY), New York’s leading non‐profit organization providing programs and services to promote sustainable, local organic food and farming.
Harold Kaplan, Esq. Offers a Primer on ADR
Nov 30 2023
Harold Kaplan, Esq. Offers a Primer on ADR
In this episode, Harold Kaplan, M.H.A., J.D., presents a primer on alternative dispute resolution and in particular a quick overview of how arbitration is an alternative dispute resolution process.About Our Guest:Harold Kaplan is a graduate of Pace University School of Law (J.D. 1983), and also Pace’s Lubin School of Business (B.B.A. 1972, with triple major of Law, Taxation and Economics), the University of Ottawa, Graduate School of Health Administration (M.H.A. 1974), and the Nova University Circuit Civil Dispute Resolution program (1998).As a health law attorney, he represented medical practices and health care providers for over 30 years and since 1998 he has been an arbitrator and neutral dispute resolver for the American Arbitration Association’s health care and mergers and acquisitions panels.He is also an arbitrator for the American Health Lawyers Association-Dispute Resolution Service and for the Better Business Bureau’s AutoLine lemon law cases and for its national class action arbitration cases.  He is a volunteer pro bono attorney for Pisgah Legal Services, Asheville, North Carolina.Since 2016, he has limited his practice to arbitrating commercial disputes and all other facets of arbitration including serving as a case consultant for attorneys handling complex arbitrations. Mr. Kaplan was past chair of the Florida Bar’s Health Law Section and also its Board Certification Committee.  He is AV rated by Martindale-Hubbell® and listed in its register of Preeminent Lawyers (2002 - 2023).  He was voted a Florida Super Lawyer in 2007 through 2011 and he is a member of the American Bar Association's Dispute Resolution Section.His website is www.kaplanarbitration.comToday’s discussion will focus on a primer on alternative dispute resolution and in particular a quick overview of how arbitration is an alternative dispute resolution process.
Professor Joan Heminway | Governance, Corporate Finance, and Max's Succession
Nov 16 2023
Professor Joan Heminway | Governance, Corporate Finance, and Max's Succession
In this episode, Professor Joan McLeod Heminway, University of Tenessee School of Law, analyzes the popular television show, Succession, through a business organization professor's lens. Professor Heminway is using the show as a vehicle to teach corporate governance next semester.   We promise there are no spoilers!About Our Guest:Professor Heminway brought nearly 15 years of corporate practice experience to the University of Tennessee College of Law when she joined the faculty in 2000. She practiced transactional business law (working in the areas of public offerings, private placements, mergers, acquisitions, dispositions, and restructurings) in the Boston office of Skadden, Arps, Slate, Meagher & Flom LLP from 1985 through 2000. She has served as an expert witness and consultant on business entity and finance and federal and state securities law matters and is a frequent academic and continuing legal education presenter on business law issues. Professor Heminway also has represented pro bono clients on political asylum applications, landlord/tenant appeals, social security/disability cases, and not-for-profit incorporations and related business law issues.In her research and writing, Professor Heminway focuses most closely on disclosure regulation and policy under federal securities (including insider trading) law and state entity (especially corporate) law. Some of her work explores these topics in the context of sex or gender difference. She is best known for her recent work involving crowdfunding and, before that, for a series of articles relating to the insider trading and criminal securities fraud actions brought against Martha Stewart in connection with her December 2001 sale of ImClone Systems, Inc. common stock. Other areas of interest manifested in her work include institutional reform at the U.S. Securities and Exchange Commission, teaching business law, and business finance and governance planning and drafting. She has coauthored a series of annotated merger and acquisition agreements and related ancillary documents for Transactions: The Tennessee Journal of Business Law. Her work has been published in a wide variety of general and specialty journals. She also has authored numerous academic and trade book chapters and co-authored two business law teaching texts: Business Enterprises: Legal Structures, Governance, and Policy (Carolina Academic Press, 4th ed. 2020) and Martha Stewart’s Legal Troubles (Carolina Academic Press 2006).Professor Heminway is a member of the American Law Institute and is a research fellow of the Neel Corporate Governance Center and the UT Center for the Study of Social Justice. She has been a visiting professor at Boston College Law School and at Vanderbilt University Law School and has taught business law courses in study abroad programs in Brazil and England. She also teaches business law in the professional MBA program at the Haslam College of Business.She currently serves on the executive council of the Tennessee Bar Association’s Business Law Section and was the section’s chair from 2019-20. She was president of the campus faculty senate for the 2010-11 academic year, Mic/Nite coordinator from 2016-19, and co-chair of the Chancellor’s Commission for Women for the 2020-21 and 2021-22 academic years. She is serving as a member of the University of Tennessee Knoxville advisory board for a two-year term ending in June 2024.
Professor Paul Rink | Discussion of the Constitutional Right to a Clean and Healthy Environment
Nov 9 2023
Professor Paul Rink | Discussion of the Constitutional Right to a Clean and Healthy Environment
In this episode, Professor Paul Rink discusses Held v. Montana, the case brought by Our Children's Trust on behalf of sixteen Montana youths.  The plaintiffs successfully pleaded their case that the Montana State Constitution guarantees them a right to a clean and healthy environment.  Professor Rink worked for Our Children's Trust and shares his first-hand opinion on the case.About Our Guest:Professor Paul Rink is a Visiting Assistant Professor at the Elisabeth Haub School of Law at Pace University. Prior to joining the Haub Law faculty in 2023, Professor Rink worked at the climate law firm, Our Children’s Trust, representing young people from around the world in strategic, legal efforts to secure their right to a safe climate system.Although originally from Gaylord, MI – a.k.a. the top knuckle of your middle finger on the hand Michigan map – he has lived in many places around the United States and the world. After graduating with a BS from the University of Michigan in 2012, Paul spent a year and half teaching soil science and environmental science to Singaporean students at Ngee Ann Polytechnic as a Princeton in Asia Fellow. He then extended his fellowship for an additional year, working on policy advocacy at the International Water Management Institute in Colombo, Sri Lanka. Immediately after earning his JD from Yale Law School and his Masters of Environmental Management from Yale School of Forestry and Environmental Studies in 2019, he spent a brief stint in Australia working as a forest restoration consultant for Conservation International. Following this consultancy position, Paul researched the impact of business interests on international environmental law as a Fox Fellow in Mexico City before heading to Portland, Oregon for his position as a Global Staff Attorney at Our Children’s Trust. While at Our Children’s Trust, Paul co-implemented a successful campaign to enshrine 100% renewable energy targets in Florida law; drafted comments responding to the Office of Management and Budget’s draft Technical Support Document on the Social Cost of Greenhouse Gases; and co-developed third-party intervention filings before multiple tribunals including the Mexican Collegiate Court in Administrative Matters of the First Circuit, the European Court of Human Rights, and the International Tribunal on the Law of the Sea.In his scholarly endeavors, Professor Rink has written academic articles ranging from the household economic benefits of rainwater harvesting systems to a comparative analysis of the forestry policies in Indonesia and Brazil. He has also contributed chapters to the Oxford Handbook on International Environmental Law (2021) and the 2019 Yale University Press publication, A Better Planet: 40 Big Ideas for a Sustainable Future.­ His research interests all relate to climate law, more specifically human rights and climate change, sustainable investment and net zero policy, and administrative cost-benefit analysis in the midst of the climate crisis.
Professor Randolph McLaughlin | Discussion of the Upcoming Documentary: How to Sue the Klan
Nov 2 2023
Professor Randolph McLaughlin | Discussion of the Upcoming Documentary: How to Sue the Klan
In this episode, Professor Randolph McLaughlin of the Elisabeth Haub School of Law at Pace University, discusses the upcoming documentary How to Sue the Klan .  How to Sue the Klan is the story of how Five Black women from Chattanooga used legal ingenuity to take on the Ku Klux Klan in a historic 1982 civil case, fighting to hold them accountable for their crimes and bring justice to their community. Their victory set a legal precedent that continues to inspire the ongoing fight against organized hate.   You can learn more about the movie here.  Professor McLaughlin was a lead attorney in the fight and integral to the case's success. About Our Guest:Professor Randolph M. McLaughlin joined the Haub Law faculty in 1988. He teaches courses focusing on civil rights, litigation, labor law, voting rights, civil procedure, and New York Practice, and is passionate about incorporating his renowned legal experience representing historical landmark civil rights cases into his coursework.Professor McLaughlin is also Counsel to Newman Ferrara LLP, a national practice focused on Real Estate, Commercial Litigation, Civil Rights, Class Actions and other Complex, Multiparty Litigation. Prior to joining Haub Law, he was an attorney associated with Meyer, Suozzi, English & Klein, with whom he did litigation and labor law work.Professor McLaughlin began his career at the Center for Constitutional Rights, a civil-rights/civil-liberties legal organization in New York City. For eight years he worked side by side with the renowned civil-rights attorney William Kunstler. He was responsible for the management and coordination of important cases at both the trial and appellate levels, and pioneered the development of legal strategies to redress racially motivated violence. In 1982, he won an award of $535,000 for five black women who had been attacked by members of the Chattanooga Ku Klux Klan. In 1985, Professor McLaughlin represented two civil-rights leaders in a constitutional- tort action against a former United States Senator, a Senate investigator, and a Kentucky prosecutor in connection with the search and seizure of the plaintiffs' personal papers in violation of the Fourth Amendment. In that case, a federal jury awarded the plaintiffs $1.6 million dollars in compensatory damages.In 1997, Professor McLaughlin won a landmark victory in a voting rights case against the Town of Hempstead, N.Y. A federal judge ruled that the town-wide method of electing the Town Council was discriminatory and ordered that the system be dismantled. Professor McLaughlin also represented the family of Charles Campbell, who had been killed during a dispute over a parking space in Dobbs Ferry, N.Y in 1997. The shooter, an off-duty New York City police officer, was subsequently convicted of second-degree murder and sentenced to a prison term of twenty years to life. Professor McLaughlin filed suit against the shooter and his alleged accomplices, and a federal jury eventually awarded the plaintiff $5 million dollars in damages. In 2007, he intervened on behalf of a Hispanic political activist in a voting-rights lawsuit brought by the United States Department of Justice against the Village of Port Chester, N.Y. On January 17, 2008, the District Court found that the Village's at-large election system violated the Voting Rights Act of 1965. The court ordered the Village to adopt a cumulative voting system to remedy the violations of federal law.