Pathway - The Newsletter for Law Students; Spring 2017, Issue 8

Spring 2017 Masthead

Around NYSBA

A Letter from President Claire Gutekunst

Dear Member of the Class of 2017,

Congratulations!  You made it through law school.  The bar exam looms, and it is a difficult test, but you lived through your one L year – and graduated.  You have what it takes to pass the bar and to have a successful career.  Have faith in yourself – we have faith in you. 

I commend you for choosing the law.  It is a noble profession, and one where you truly can make a positive difference in people’s lives.  It is a wonderful opportunity and an awesome responsibility.

Lawyers are counselors.  To be an effective counselor, your client has to trust you, and you have to be worthy of that trust.  This is why lawyers are held to high ethical standards.  It is our duty – and our honor – to meet and champion those standards.

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NYSBA Sections

Business Law Section 

Click here for information relating to the Business Law Section's Annual Writing Competition.  If you are interested in learning more about NYSBA's Business Law Section you can find that HERE.

Commercial and Federal Litigation


Student registration fee - $45.00

For more information about this program and to register CLICK HERE. 

Criminal Justice Section 

Criminal Justice Section - Online Communities

NYSBA Communities offer a wide variety of options, ranging from traditional listserves to searchable directories, collaborative work spaces, member profiles and even mentoring tools. Click here for information on getting started. 

NYSBA Online Communities

Dispute Resolution Section 

3rd Annual Judith S. Kaye Arbitration Competition

Open to students from all law schools in New York State and the New York Metropolitan Area. Two teams may register from each school.  Registration fee is $150.00 per team.  

For more information and to register your team, CLICK HERE 

Environmental & Energy Law Section

8th Annual Oil Spill Symposium

Student registration fee - $25.00

To register and see an agenda, CLICK HERE.

For information regarding any of these programs and to see a full listing of upcoming events, please visit the NYSBA Online Marketplace

Featured Articles

New York State Constitutional Reform
by Jeshica Patel

This March, I attended a symposium at my school (Elisabeth Haub School of Law at Pace University) on a topic that most law students are not even aware of: The New York State Constitution. Aside from knowing what the actual New York Constitution says, there is a special provision that makes it different than most other states. Article 19 of the NYS Constitution states that: 

§2. At the general election to be held in the year nineteen hundred fifty-seven, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question “Shall there be a convention to revise the constitution and amend the same?” shall be submitted to and decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large.[1]

Law Students Attend 8th Annual Young Lawyers Section Trial Academy
by Chris Matcovich

As a 2L at Pace University, Elizabeth Haub School of Law, who plans on practicing criminal law after graduation, I thought the trial academy would be a great opportunity to learn the techniques needed to be successful in the courtroom.  So, for five days in Ithaca, the Bar Association was gracious enough to allow me to observe the academy in action.

Law School Budgeting 
by Sarah and Seth LeMaster

After seven years of marriage, this past year my husband and I decided to take on a new adventure. We changed career paths, both quit our full-time jobs, moved from Arkansas to New York, and became full-time students at New York Law School... It was time to get creative. We wanted to share some of our strategies for living in the NYC area on a student budget, and hope other students find them useful. 

Contracts Case Study - Never Do Business With A Friend
by Sarah LeMaster

Introduction: This writing is a discussion post written for my first-year course in Contracts, which used the CaseFile Method by Professor Douglas Leslie from the University of Virginia School of Law. The topic covered was the U.C.C. statute of frauds. The hypothetical presented involved two golfing buddies, Dudley and Payne, in dispute over a driver and its companion club. According to Payne, Dudley offered to sell the clubs for $650. However, Dudley remembers negotiating with Payne for $750, but later sold the clubs to a dealer for $800. Once Payne discovered the clubs had been sold, he filed suit. Dudley moved to dismiss relying on the statute of frauds. 

A Bid Gone Wrong:  Current State of North Carolina Law Concerning Mistaken or Regretted Construction Contract Bids
by Seth LeMaster

This article was written for a discussion board post for my 1L contracts class. The doctrine covered was promissory estoppel in relation to construction project bids. As an associate of my fictional law firm, my task was to analyze the four cases presented and write an article for the North Carolina Electrical Contractors’ Association explaining the legal problems and aspects surrounding the construction bidding process. This hypothetical scenario is from the CaseFile Method curriculum developed by Professor Douglas Leslie at the University of Virginia School of Law.

Substantive and Scholarly Articles

Cochabamba Water Wars
by Brenda Baddam

Between 1971 and 1981, Bolivia incurred more than $3 billion dollars of foreign debt. The economic situation spiraled out of control when the price of commodities, particularly tin, crashed in the early 1980’s. In 1987, the government closed down the tin mines, which provided the bulk of Bolivia’s hard currency. Closing the mines reduced the workforce from 30,000 in 1985 to roughly 7,000 in 1987. Around the same time, the government dismissed 31,000 public service workers and 35,000 manufacturing jobs were lost due to economic contraction.

Put Your Money Where Your Equality Is:  A Proposal for the First National Equality Tax Credit Act
by Sarah C. Capasso


In May 2013, Mayor Michael A. Nutter of Philadelphia signed the first-of-its kind Equality Tax Credit Bill (“ETCB”), which provides nonrefundable tax credits to employers who offer health benefits to “same-sex couples, life partners and transgender employees.” A 14-3 decision, ETCB was passed during the run up to the United States Supreme Court’s influential decisions in Hollingsworth v. Perry, which held that California state officials did not have standing to generally defend the passage of Proposition 8, United States v. Windsor, which struck down the Defense of Marriage Act, and Obergefell v. Hodges, which found that Due Process Clause of the Fourteenth Amendment protects the fundamental right to marry, including for same-sex couples. A critical softening from the right gave wings to that movement – for instance, Jon Huntsman, Former Governor of Utah – the first state to implement DOMA – urged conservatives “ [to] start to lead again and push their states to join the nine others that allow all their citizens [including same-sex couples] to marry.”

Elizabeth Taras:

Section 2:  A Thing of the Past?

This paper seeks to highlight the changes that need to be made to Section 2 policy in the United States. Despite the fact that the Department of Justice declared its intention to take a more aggressive stance on Section 2 enforcement in 2009, there have been rather minimal changes since. Central to the inability for the United States to have stronger Section 2 enforcement is the fear of false positives and a fear of deterring innovation. The tension between desire for stronger Section 2 enforcement and the fear of false positives has caused the United States to produce conflicting standards in this area of antitrust law. This is best demonstrated by the Federal Trade Commission’s decision not to proceed with charges against Google. Through illustrations of the contrast between single firm conduct in the United States and European Union,this paper will demonstrate the need for an update in U.S. Section 2 enforcement policy.

Facelift:  Why Merger Policy Needs an Update 

Despite the 1997 revision of the Merger Guidelines, concentration statistics still remain the primary consideration when analyzing a merger under Clayton Act Section 7. This paper ses two case studies to explain the need for an evolution of how the Merger Guidelines are applied when analyzing a merger. Specifically, this paper looks at the pending Staples/Office Depot merger and the recent St. Luke’s case to illustrate the gaps in merger policy.