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  • Academics and Training | Pace Law School
    dwindling resources will require such as understanding different forms of dispute resolution and conflict management processes and theories client counseling and client representation understanding business models and business interests dispelling misconceptions and negative biases about ADR and understanding the costs and benefits of ADR special Skills in fact gathering inquiry marshalling analysis issue identification problem solving joint fact finding framing and reframing and deliberating in the face of complexity and scientific uncertainty understanding pre assessment stakeholder identification issue identification creating fair processes scheduling deadlines sequencing issues addressing informational asymmetry agreement drafting and post agreement processes personal skills including empathy active listening diplomacy coalition building psychology of problem solving and creation of trust understanding the lawyer s role in creating new forums of discovery learning and settlement Examples of disputes to be studied for training and education include water allocation reuse utility permitting siting alternative energy facilities environmental justice metropolitan area development infrastructure sea level rise natural disaster mitigation regional impact developments green development watershed large landscape management open space protection land acquisition for conservation purpose Courses at Pace Law School Environmental Dispute Resolution This course explores the common characteristics of environmental disputes and introduces students to a range of resolution options from rights based approaches such as litigation and appellate advocacy to interest based approaches like consensus building mediation and facilitation The course examines the roles that lawyers play in these varied approaches A major theme of this course is comparing the advantages and disadvantages of adversarial and collaborative approaches in environmental conflicts The course will use mock negotiations mediations facilitations and consensus building exercises to build in students the skills used by neutral third parties and legal counsel for the parties to resolve disputes The course also will emphasize the role of legal advisors for key focus of this

    Original URL path: http://law.pace.edu/academics-and-training (2016-02-12)
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  • Scholarship | Pace Law School
    Kheel Center s efforts and includes the following articles by scholars practitioners and students ENVIRONMENTAL INTEREST DISPUTE RESOLUTION CHANGING TIMES CHANGING PRACTICE Theodore W Kheel An Exemplar for Alternative Dispute Resolution and a Pioneer in Environmental Interest Disputes by John D Feerick Changing Times Changing Practice New Roles for Lawyers in Resolving Complex Land Use and Environmental Disputes by John R Nolon and Jessica Bacher Environmental Dispute Resolution in the Law School Curriculum by Jill I Gross and Alexandra Dapolito Dunn Effective Representation of Clients in Environmental Dispute Resolution by Gail Bingham Pamela Esterman and Christopher Riti The Lawyer as Process Advocate Encouraging Collaborative Approaches to Controversial Development Decisions by Sean F Nolon Citizen Participation in the Making of Environmental Decisions Evolving Obstacles and Potential Solutions through Partnership with Experts and Agents by Marc B Mihaly Preserving the Public Interest Through the Use of Alternative Dispute Resolution in Utility Retail Rate Cases by James M Van Nostrand and Erin P Honaker Collaborative Decision Making on Climate Change in the Federal Government by Joseph A Siegel ESSAY Climate Change Framing and Social Marketing The Influences that Persuade by Edna Sussman COMMENT An End to Grazing Lease Litigation An Examination of Alternative

    Original URL path: http://law.pace.edu/scholarship (2016-02-12)
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  • EDR Resources | Pace Law School
    School Web Mail Pace University Search form Search You are here Home EDR Resources This page provides helpful links to EDR related organizations publications and mediators Organizations ACR Environment and Public Policy Section ABA Section of Dispute Resolution Committee on Environment and Natural Resources ADR Consensus Building Institute Foundation for Prevention and Early Resolution of Conflicts PERC RESOLVE U S Institute for Environmental Conflict Resolution Publications Alternatives to the High

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  • Kheel Leadership Summit | Pace Law School
    of Pace Law School held a day long conference The Resolution of Environmental Interest Disputes An Emerging Area of Practice at the Association of the Bar of the City of New York Helping to define and formulate a new frontier of environmental law practice for attorneys the Summit gathered together knowledgeable practitioners and academics to discuss the application of alternative dispute resolution principals to environmental and natural resource conflicts The initiative for the Center is to take ADR beyond the areas where it has traditionally been applied said Rachel E Demming a partner and environmental mediator at Scarola Ellis LLP and Co Chair of the Kheel Center s Substantive Advisory Committee The Summit examined first the role of lawyers in the resolution of disputes in institutional settings such as the use of ADR in the Division of Court Operations in the New York State court system environmental liability settlement and administrative law judge proceedings relatively familiar institutional settings where the beginnings of environmental ADR practice are evident In each of these settings mediation and other alternatives to adjudicated judgments on environmental disputes have been engaged in successfully What attorneys have done to aid and advance the mediation of these conflicts

    Original URL path: http://law.pace.edu/kheel-leadership-summit (2016-02-12)
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  • Kheel Center Staff | Pace Law School
    Breaking Ground and Planning and Building in Priority Growth Districts She also presents at regional and national conferences and served on the New York State Sea Level Rise Task Force Legal Work Group Ms Bacher was selected by the American Bar Association to receive the Jefferson B Fordham Award an award presented to a young practitioner who has shown great promise through her contributions to the field Ms Bacher received her J D summa cum laude from Pace Law School in 2003 along with a certificate in Environmental Law Tiffany B Zezula Deputy Director Adjunct Professor of Law Pace Law School tzezula law pace edu Tiffany B Zezula Esq is the Deputy Director for the Land Use Law Center at Pace University School of Law in White Plains NY She is the primary trainer on consensus building techniques for the Center s land use training programs for local officials environmentalists planners and developers She also is the national coordinator of the Center s signature program The Land Use Leadership Alliance Training Program which due to its success in New York has been modeled and transferred to over 5 states and includes over a hundred national regional and local sponsors The program has trained over 2500 leaders in the Hudson Valley Region alone Her work at the Center also includes coordinating and tailoring training programs and workshops to meet the needs of individual communities whether that is a ½ day training program or four day intensive workshop Ms Zezula also provides strategic assistance to local governments including assistance in developing collaborative public engagement approaches on land use project disputes and comprehensive planning of a community Finally Ms Zezula is in charge of running the Center s annual conference The Center s annual conference is a significant educational event in the region with more than 250 attorneys business professionals planners and local leaders in attendance to learn about national regional and local innovations challenges and best practices Ms Zezula is a frequent national speaker on collaborative governance and local decision making She is also a frequent guest presenter at the Yale School of Forestry and an adjunct professor at Pace University School of Law on Environmental Dispute Resolution She received her J D cum laude from Pace Law School in 2003 along with a certificate in Environmental Law She is a certified mediator in the State of New York Jennie Nolon Blanchard Senior Staff Attorney Adjunct Professor of Law Pace Law School jnolon2 law pace edu Jennie Blanchard is a Senior Staff Attorney and Urban Program Specialist for the Land Use Law Center at Pace Law School in White Plains NY where she is also an Adjunct Professor Ms Blanchard s work focuses primarily on the growth of urban centers working closely with cities to address obstacles to redevelopment and sustainability She also manages the Center s student research writes frequently on legal issues pertaining to land use and sustainable development lectures at CLE programs bar association events and conferences and trains

    Original URL path: http://law.pace.edu/kheel-center-staff (2016-02-12)
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  • Founding Advisors | Pace Law School
    mediator and meeting facilitator Mr Batson has provided ADR services in over 300 matters involving from 2 to 1200 parties He has authored numerous publications including guidance for federal agencies on mediation practice and confidentiality in the use of ADR He has served as adjunct professor at Vermont Law School and Georgetown Law School and is a frequent speaker on the effective use of negotiation and ADR in environmental and public policy disputes Gail Bingham President Emeritus RESOLVE Gail Bingham is President Emeritus of RESOLVE She has mediated environmental natural resources community planning and public health issues on a full time basis since the late 1970s She is a nationally recognized pioneer in promoting consensus building tools in public decision making and is the 2006 winner of the Mary Parker Follett Award of the Association for Conflict Resolution given to an individual who has shown a passion and willingness to take risks has used innovative and experimental techniques and draws upon the talents and ideas of all persons Under Gail s leadership RESOLVE is known for its ability to help parties produce results on the toughest issues for enhancing the capacity and competence of others in dealing with conflict and for intellectual leadership to advance current knowledge about the effective use of ADR and consensus building processes to address complex public decisions Gail brings to the mediation process an in depth understanding of negotiation and consensus building strategy natural resources and other public policy issues the dynamics of the policy making process political and cultural differences in a wide variety of settings and how to integrate complex scientific and technical information into policy dialogues and negotiations She works with leaders at the highest levels of government and the private sector and has served as a mediator for a wide variety of federal state and local agencies and private parties on such diverse subjects as watershed management and TMDL policy wetlands allocation of water rights endangered species drinking water regulations funding infrastructure costs for water and wastewater utilities groundwater protection ocean and coastal management issues hydro electric relicensing chemicals policy solid waste source reduction hazardous waste management oil spill contingency plans pesticides policy children s environmental health and local community land use and infrastructure issues Christine A Fazio Partner Carter Ledyard Milburn LLP Co Director Environmental Practice Group Ms Fazio practices environmental and land use law in CL M s Environmental Practice Group She assists both public and private clients in completing environmental reviews under federal state and local laws and obtaining all types of environmental and land use permits With about ten years of prior experience with the Air Programs Branch of the Environmental Protection Agency Ms Fazio also advises clients on compliance with Clean Air Act regulations and complex air permitting Ms Fazio has represented the maritime sector on ballast water discharge issues and the energy sector on the siting of power plants renewable sources electric transmission lines and natural gas pipelines Ms Fazio s practice also includes environmental litigation including Article 78 of the CPLR proceedings for governmental actions Ms Fazio has worked on a number of mergers and acquisitions completing the environmental due diligence regulatory review and permit transfers and assists corporations with compliance issues under a number of environmental laws Ms Fazio is an adjunct professor at Fordham University Law School teaching Land Use Law Ridgway M Hall Jr Ridgway M Hall Jr has been practicing environmental law for over 40 years His work has included strategic counseling litigation mediation and alternative dispute resolution compliance assurance site remediation commercial transactions and regulatory proceedings He is Vice Chair of the Chesapeake Legal Alliance which has created a network of lawyers to handle cases on a pro bono basis relating to the protection and restoration of the Chesapeake Bay its watershed and its natural resources He also maintains a part time legal practice Ridge graduated from Yale College magna cum laude 1963 and Harvard Law School 1966 was an associate and then partner with Cummings Lockwood in Stamford Connecticut then served at the U S Environmental Protection Agency during 1975 77 as Associate General Counsel for Water He was a founding partner of the law firm of Crowell Moring where he started the firm s environmental law practice During his 31 years years at Crowell Moring he was named one of the top lawyers in the environmental field by Best Lawyers In America Chambers USA Washington D C Super Lawyers and Euromoney s Guide to the World s Leading Environmental Lawyers He has been listed in The International Who s Who Legal for environmental law for many years William H Hyatt Jr Partner K L Gates LLP Mr Hyatt is a partner in the Newark New Jersey office of K L Gates concentrating in environmental law and related litigation He has extensive Superfund experience and has frequently acted as common or shared counsel representing groups of parties before the Environmental Protection Agency and counterpart state regulatory agencies and in cost recovery and contribution litigation In addition to taking leadership roles on behalf of private parties at many of the most significant Superfund sites including four of the top six sites listed on the NPL he was also selected as a pilot allocator in EPA s Superfund administrative reforms and has acted as a special master and mediator He has negotiated landmark settlements with EPA and the Department of Justice and has mediated complex allocation disputes both as a special master and as a mediator He practices in all the environmental media and has also specialized in products liability building construction environmental insurance coverage and toxic tort litigation Mr Hyatt is included in Chambers USA America s Leading Lawyers to Business and Euromoney s Guide to the World s Leading Environmental Lawyers He has also been listed for 20 years by Best Lawyers and was named 2013 Lawyer of the Year for Newark Litigation Environmental Law Michael K Lewis Mediator Arbitrator Special Master JAMS Michael Lewis is Mediator Arbitrator and Special Master for JAMS For more than 30 years Mr Lewis has mediated facilitated and served as special master and discovery referee in a significant number of government related cases involving contract energy environmental land natural resources transportation class actions civil rights and public policy issues A nationally recognized neutral Mr Lewis trains and lectures on the use of dispute resolution before Fortune 500 companies leading law firms private organizations bar associations and government agencies Among the federal agencies and groups he has worked with are U S Department of Justice Department of Energy Department of Health and Human Services General Accounting Office Federal Trade Commission U S Marshals Service Federal Deposit Insurance Corp Federal Communications Commission Environmental Protection Agency Federal Reserve Board U S Air Force U S Army and the Interagency ADR Working Group From his decades of experience Mr Lewis is familiar and knowledgeable about the issues private and governmental parties face in disputes involving local state or federal governments He served on a panel that resolves complaints against Members of Congress and others under the Congressional Accountability Act of 1995 is on the U S Institute for Environmental Conflict Resolution Roster and on a roster maintained to provide neutrals for environmental and public policy disputes primarily involving the U S EPA and spent 3 years overseas as a Foreign Service Officer in Thailand Steven M Morgan Vice President Assistant General Counsel Regulatory Health Environmental and Safety Waste Management Steven M Morgan is Vice President and Assistant General Counsel Regulatory HSE with Waste Management Inc Mr Morgan joined Waste Management in 2000 and has overall responsibility for managing the legal affairs of the Company in all matters involving environmental health and safety law including toxic tort litigation Superfund and regulatory compliance He was formerly a Partner at Akin Gump Strauss Hauer Feld L L P where he represented clients in all areas of environmental law including issues arising under the Comprehensive Environmental Response Compensation and Liability Act Superfund the Resource Conservation and Recovery Act the Clean Water Act and the Clean Air Act and other state and federal environmental statutes Environmental litigation toxic tort litigation administrative enforcement actions and environmental investigations including due diligence have comprised a majority of Mr Morgan s practice Mr Morgan began his legal career at Aluminum Company of America Thereafter he joined Texas Instruments Incorporated in Dallas Texas where he worked as Environmental and Safety Counsel until 1987 After working as an attorney at the Dallas law firm of Arter Hadden Witts from 1987 1989 Mr Morgan joined Akin Gump Strauss Hauer Feld L L P and became a partner in 1991 Mr Morgan was born in Cleveland Ohio He is admitted to the State Bars of Pennsylvania and Texas He received his B A cum laude in economics and political science from Northwestern University and his Doctor of Jurisprudence from Vanderbilt University School of Law where he was Associate Editor of The Journal of Transnational Law Mr Morgan s professional activities include memberships in the State Bar of Texas and the American Bar Association He is a member of ABA s Section of Natural Resources Energy and Environmental Law where he is on the Special Committee on Environmental Litigation and the Energy and Natural Resources Litigation Committee Mr Morgan served as Chairman of the Dallas Bar Association s Environmental Law Section in 1993 Mr Morgan is also a member of the Houston Bar Association and serves on the Board of the Houston Chapter of the American Corporate Counsel Association He has been active in a number of community activities throughout his career Mr Morgan published Achieving Finality in Environmental Litigation in the November 1999 issue of Environmental Liability Enforcement Penalties Reporter Mr Morgan is the co author of Perils of the Profession Responsible Corporate Officer Doctrine May Facilitate a Dramatic Increase in Criminal Prosecutions of Environmental Offenders Southwestern Law Journal Vol 45 No 3 1991 Sean F Nolon Director of Alternative Dispute Resolution Program and Professor of Law Vermont Law School Professor Sean Nolon joined the VLS faculty in 2008 He teaches ADR Negotiation Environmental Dispute Resolution and the 1L Integration Initiative He is also the director of the nationally ranked Dispute Resolution Program Prior to joining Vermont Law School he was the director of the Land Use Law Center and executive director of the Theodore W Kheel Center on Environmental Solutions at Pace University School of Law He has designed and taught courses on land use law environmental law and dispute resolution at Vermont Law School Pace Law School Yale School of Forestry and Environmental Studies Pepperdine Law School and Dartmouth College He is also an experienced litigator mediator and arbitrator specializing in public policy environmental and complex commercial disputes Professor Nolon s scholarship has been cited by the Massachusetts Supreme Court He is the author and co author of numerous publications including LAND IN CONFLICT MANAGING AND RESOLVING LAND USE DISPUTES Lincoln Institute 2013 with Ona Fergosun and Patrick Field and ENVIRONMENTAL DISPUTE RESOLUTION In The Encyclopedia of Sustainability Vol 3 The Law and Politics of Sustainability Berkshire Publishing edited by Klaus Bosselmann Daniel Fogel and J B Ruhl His articles have been published in the Cardozo Journal of Conflict Resolution Idaho Law Review Pace Law Review and the Fordham Urban Law Journal Professor Nolon conducts training programs on negotiation mediation and environmental law for NGOs private companies local governments state agencies domestically and internationally Representative clients include Scenic Hudson Village of Ossining the Surdna Foundation Natural Resource Conservation Service USDA Utah Property Rights Ombudsman and The Environmental Commission of Trinidad and Tobago In 2007 Professor Nolon was the recipient of the New York State Bar Association Environmental Law Section Honors Award Michael L Rodburg Of Counsel Lowenstein Sandler PC Michael L Rodburg is one of the founders of modern environmental legal practice and has focused exclusively on it since 1973 A fellow of the American College of Environmental Lawyers he is listed in The Best Lawyers in America Chambers USA America s Leading Lawyers for Business and Super Lawyers Michael served more than a decade as Lowenstein Sandler s Managing Director Chairman President and CEO leading the firm beyond its New Jersey roots to national prominence and guiding it to become one of the 200 largest law firms in the nation Under his leadership the firm had the highest percentage annual increase in revenue between 2003 and 2007 among all AmLaw 200 firms Michael represents companies in significant business transactions and in civil litigation and administrative agency proceedings arising out of a wide variety of environmental problems He concentrates in hazardous substances litigation mass tort defense acquisition counseling and climate change initiatives Michael is a frequent author and lecturer He has served on the editorial board of numerous journals including The Environmental Claims Journal and Environmental Compliance and Litigation Strategy He has written hundreds of articles during his career has been published in the Harvard Law Review and the Rutgers Law Journal and is the author of several books including the seminal New Jersey Environmental Law Handbook He has taught at Rutgers Law School Newark and Vermont Law School He serves on numerous charitable and community organizations boards of directors as well as the Hugo Neu Corporation a privately held company based in New York City Joseph Siegel Senior Attorney and ADR Specialist Office of Regional Counsel U S Environmental Protection Agency Region 2 Joe Siegel is a Senior Attorney and an Environmental Collaboration and Conflict Resolution Specialist with the U S Environmental Protection Agency Region 2 Office of Regional Counsel in New York He has represented the Agency in administrative and federal court enforcement and defensive litigation under the Clean Air Act over the course of his 26 year career at the EPA Joe specializes in climate change and air pollution law and policy as well as facilitation and mediation of environmental matters He co chairs EPA Region 2 s Climate Change Workgroup and is the lead Regional attorney for climate change In his work as a neutral facilitator Joe seeks to build bridges between diverse stakeholders and arrive at collaborative solutions He has applied these approaches to a wide variety of environmental matters including climate change Joe served as Chair of the American Bar Association ABA Committee on Climate Change Sustainable Development and Ecosystems and is a Vice Chair of the ABA Alternative Dispute Resolution Committee He also served as Vice Chair of the ABA Renewable Energy Resources Committee and editor of the Energy Committees Newsletter He is a certified mediator in Westchester County and a former community mediation volunteer for the Westchester Mediation Center Joe is a frequent lecturer and writer on climate change as well as Alternative Dispute Resolution and is currently a co columnist on climate change and air pollution for the New York State Bar Association s New York Environmental Lawyer Linda R Singer President Center for Dispute Settlement Ms Singer is a mediator arbitrator lawyer teacher and author and has been president of the Center for Dispute Settlement since 1971 She also is a principal in JAMS the Resolution Experts Through the years she has maintained an active mediation practice while training thousands of professionals students and volunteers worldwide in mediation and negotiation skills Ms Singer co teaches the Mediation Workshop at Harvard Law School s Program on Negotiation for Lawyers and trains mediators for the CPR Institute for Dispute Resolution Ms Singer was awarded the prestigious D Alemberte Raven Award in 20 12 by the American Bar Association Section of Dispute Resolution Eleanor Stein Administrative Law Judge New York State Public Service Commission Eleanor Stein is an Administrative Law Judge at the New York State Public Service Commission where she co presides over New York s Energy Efficiency Portfolio Standard proceeding a collaboration and litigation of over 150 parties Judge Stein has mediated and arbitrated numerous energy environmental and telecommunications disputes and co designs alternative dispute resolution and mediation training at the PSC She has taught mediation and ADR as well as The Law of Climate Change Domestic Transnational for the last five years at Albany Law School and the State University of New York at Albany Judge Stein is a member of the Advisory Board of the Kheel Center on the Resolution of Environmental Disputes and was selected as a member of the Distinguished Panel of Neutrals on Energy Oil Gas of the International Institute for Conflict Prevention Resolution holds a Harvard Law School Advanced Mediation Certificate 2001 and has been trained at both the Cornell University Elements of Mediation 1994 and the Center for Dispute Resolution Training for Mediators 1995 John J Suloway Vice President Project Development Licensing Compliance New York Power Authority John Suloway is the Vice President for the Project Development Licensing and Compliance Department which is responsible for project development and licensing of NYPA s facilities as well as for license compliance and implementation In the past 27 years he has managed the licensing of 4 small hydro plants a major 345 kV transmission line in southeastern New York a 150 MW combined cycle plant on Long Island a 500 MW combined cycle plant in Queens 450 MW of combustion turbines in New York City the Tri Lakes Reliability Project in the Adirondack Park and the relicensing of the St Lawrence FDR Project in upstate New York He is currently overseeing the implementation of NYPA s new 50 year licenses for the St Lawrence and Niagara Projects the licensing and implementation of the Tri Lakes Reliability Project NYPA s environmental compliance audit program and the development and licensing of new transmission and generation projects for NYPA Edna Sussman Esq Arbitrator Mediator SussmanADR LLC Edna Sussman is the principal of SussmanADR LLC and has been appointed as the Distinguished ADR Practitioner in Residence by the Fordham University School of Law She started her career as a litigation associate and then partner at a prominent international law firm Now a full time arbitrator and mediator over

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  • About Theodore Kheel | Pace Law School
    building I recall one collective bargaining negotiation when scores of people from different newspapers unions and publisher representatives were at the table with hundreds of proposals He asked the parties to explain their proposals and the reasons for them and asked each of us to respond to one another and explain our response It took time but we certainly heard and understood one another from a process anchored in civility Equally important to Ted was inspiring trust and confidence in his role as a mediator He listened carefully to what you said was patient in his dealings with you and he invited your participation in all aspects of the process He asked questions and made a commitment to the process and if necessary used all hours of the day and night It seemed to me that in public matters he also had an uncanny ability to deal effectively with journalists who were covering these matters 2 Involving everyone with a stake in the matter in some meaningful way is another pillar of conflict resolution I recall one client I represented having a bargaining committee of nearly thirty five members It was not too large for Ted however as he created a number of subcommittees with representatives from both parties and assigned to each a set of issues at stake in the bargaining He asked each group to discuss its assigned issues and report back at different intervals on the results of those discussions The reports would then be vetted with the bargaining leaders and helpful feedback would be sent to the group through Ted 3 The importance of each party putting themselves in the shoes so to speak of the other party Ted often emphasized what we would need if we were in the other party s shoes and he also asked how we would see ourselves in terms of our settlement posture Would how we acted with regard to that party be supportive of a continued negotiation Would it suggest a willingness to compromise 4 The importance of creativity and flexibility in dispute resolution On creativity I recall one negotiation where he helped the parties avert an industry wide strike in circumstances where they had reached an agreement but were not able to agree on an appropriate writing to embody it Ted suggested that they orally synthesize the agreement in his presence so that he could make notes and put them in his safe in the event of a subsequent dispute on the subject in that case his notes would become available to the parties We happily accepted and when twenty years later he called me to ask if he could get rid of the notes I said that I saw no reason he could not do so On the subject of flexibility I recall another occasion of a strike being averted when Ted suggested to the parties a letter with general language on a serious issue between them None of us knew quite what the letter said the

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  • Contact the Kheel Center | Pace Law School
    A Z Index Apply Now Academic Calendar Academic Calendar January Admits Registrar Bursar Shuttle Bus Schedule Campus Map Departmental Directory Give to Pace Law School Web Mail Pace University Search form Search You are here Home Contact the Kheel Center Phone 914 422 4262 Fax 914 422 4011 Email landuse law pace edu Mailing Address Kheel Center Pace University School of Law 78 North Broadway White Plains NY 10603 Click

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