Professor, Civil Rights Attorney, Precedent Setter, Social Justice Advocate. Randolph McLaughlin has been a stalwart on the Elisabeth Haub School of Law at Pace University faculty since 1988, teaching civil procedure, torts, and labor law. He also co-chairs the Civil Rights Practice Group of Manhattan’s Newman Ferrara LLP, along with his wife Debra Cohen, an adjunct faculty member at the Law School and Haub Law graduate. Prior to all this, McLaughlin made a name for himself as a civil rights activist and at­torney, pioneering new legal strategies to address incidents of racism, voting rights litigation, and more. Now, some of the very cases and individuals that he represented are at the forefront of a feature film and forthcoming documentary. We sat down with Professor McLaughlin to discuss the influential impact he has had throughout his career and what the future may hold for civil rights attorneys.

A landmark case you handled, which set a legal precedent for today’s court battles on racial violence, is the subject of a forthcoming documentary. The film highlights a racist attack that took place in the home state of the Ku Klux Klan, and showcases the role your strategy has played in decades of civil court victories. After Klansmen shot and injured five Black women in 1980 Chattanooga, Tennessee, the women were able to take the KKK to federal court using the long-forgotten Enforcement Act of 1871. Also known as the Ku Klux Klan Act, it was enacted to curb KKK violence after the Civil War. The documentary, some of which was filmed at Haub Law, is scheduled for release this year. Can you tell us about how you developed your strategy in this case?

Four African-American women were out on a Saturday night in 1980 in Chattanooga, Tennessee, when three Klansmen shot at them. More than 100 shotgun pellets were found in one woman’s legs. Two of the Klansmen were acquitted of all charges. One of them, who basically confessed, was convicted of simple as­sault, served nine months of a sentence and got out on good behavior. At the time I was at the Center for Constitutional Rights, which was part of the National Anti-Klan Network, so we sued the Klansmen.

I was an African-American history major, and I remembered reading about Klan violence and Reconstruction, so we looked back at those periods and found this 1871 law, called the Ku Klux Klan Act, which was passed to give a federal cause of action to victims of Klan violence. We dusted it off and waited for the right opportunity, and sure enough we didn't have to wait too long. We filed a suit as both a class action for all the Black residents of Chattanooga, and as a damages action for the five women. We tried the case and won—got over half a million dollars and a judgment. It was the first case using that statute to get a money judgment against the Klan.

I don't think winning a case like that is much of a long shot anymore. Law tends to reflect society. Judges aren't like some guru living on top of a moun­tain somewhere, they're reading the same stories, they walk the same streets, they watch the same TV shows we watch. And I think with the Black Lives Matter efforts across the country after the death of George Floyd, and then top that off with the January 6 attempted coup at the Capitol, judges have to real­ize if they don't step in, then this can happen again.

After the 2020 election, the NAACP used the Act in a lawsuit against former President Donald Trump and the Republican National Committee for system­atically trying to disenfranchise Black voters. Also, Representative Bennie Thompson, a Democrat from Mississippi, has more recently sued Trump, his former attorney Rudy Giuliani, and two far-right militia groups under the law, alleging they conspired to prevent law­makers from certifying President Joe Biden's victory by inciting and participating in the January 6 insurrection.

A feature film that premiered nationwide last September, The Killing of Kenneth Chamberlain, is based on the true story of a case that you and your wife, Professor Debra Cohen, have worked on for more than 10 years. In 2011, Kenneth Chamberlain, an elderly African American veteran with bipolar disorder, was killed by police officers sent to check on him after his medical alert device was mistakenly activated. The film recounts the police’s forceful response to this non-threatening situation and provides a view of the reform needed in policing tactics and our justice system. Where does that case stand now?

This film provides a great opportunity not only to bring the case into national focus, but to highlight how police respond to calls, how they police in African-American communities, and how they are trained for situations involving people in a mental health crisis. What was done was a text book case of what not to do if their intention was to provide assistance.

When the police arrived, Mr. Chamberlain was sleeping in his bed, and he made more than 60 at­tempts to explain that he didn’t call for help, did not need help and didn’t want to open his door. When we heard the audio recording, we were shocked at the inhumanity demonstrated by law enforcement.

Debra and I were asked to join the case by col­leagues and fellow Haub Law alumni Mayo Bartlett and Wali Muhammad in 2012. A $21 million civil rights lawsuit was filed in federal court against the City of White Plains and several police officers. The legal fight for justice has spanned over the past 10 years, with a case currently still pending in federal district court in White Plains. Less than one year into legal proceed­ings, a grand jury declined to vote for an indictment, causing an uproar in the community and among social justice advocates. Another letdown came in 2017, when the district court dismissed most of the claims contained in the lawsuit and excused several of the original defendants, including police officers.

Following four-years of litigation, including a trial, in 2020, the Second Circuit US Court of Appeals re­stored claims of unlawful entry and excessive force. We are now preparing for trial and hope that with the need for police reform gaining traction across the country, justice for Chamberlain can finally be achieved.

Twenty-six years ago, you and your wife Debra handled the case of Charles Campbell, who was killed by an off duty New York City police officer at a deli in Dobbs Ferry, New York. The officer was convicted of second-degree murder in a criminal trial. You and Debra successfully tried the subsequent civil case before US District Judge Constance Baker Motley, a civil rights icon, with the help of Pace students. How do you view working with students in such cases?

I went into teaching in order to expose students to the value and rewards of civil rights practice. While I am a full-time law professor, I also maintain a selec­tive civil rights caseload. Whenever possible I involve students in that work. My students have served as active members of a trial team, participating in the writing of briefs and sitting in the courtroom with the other attorneys. I involve the students in all aspects of the case and share with them my strategies as we pursue justice for our clients.

I went into teaching in order to expose students to the value and rewards of civil rights practice. While I am a full-time law professor, I also maintain a selec­tive civil rights caseload. Whenever possible I involve students in that work.

How did you get your start in civil rights law?

Racism didn’t directly affect me that much growing up in New York City, but I was fascinated by the law. By age 10, I was reading law books. William Kunstler was a hero to me. In high school, the Chicago Seven trial was all over the news. It was the binding and gagging of Black Panther Bobby Seale in the court­room that made me say, this is wrong, I’ve got to get involved.

During my second year at Harvard Law School, legendary defense attorney William Kunstler came to speak. He’s saying things like, “I need black lawyers to get involved in this kind of work with us because we can’t do it on our own.” He’s up there on the stage with Black Panthers and Native American activists, and there I am. I was a really shy kid. But after the lecture I worked my way up and said, “I’ve followed your career since I was a kid and I want to do what you do.”

He looked at me and said, “Here’s my card. Look me up when you get back to New York.” And I did.

How did you build a civil rights law practice?

Lucas A. Ferrara, the co-founder of Newman Ferrara in Manhattan, had been practicing real estate law for more than 25 years, he wanted to expand the work of the firm into the civil rights field.

The firm asked Debra and me to co-chair the civil rights practice group at the firm. When I brought up the controversial nature of some of their cases, they said, “We love controversy. Bring it on.”

It’s been a happy marriage. Lucas and Jon Newman have both assisted us in our civil rights cas­es, and their insight has been invaluable. Ultimately, if you can create a workable business model, then the good work can expand. There’s more than enough injustice to go around.

For victims, the legal process itself can be a kind of therapy. When I see a client who first comes to us really almost in post-traumatic stress, they can’t get through a conversation without crying. Within a few months, they’re giving it back to us, saying, “Well, what about this?” and “I want to do this.” They are starting to feel empowered and engaged, and the hopelessness is dissipated. Whether we win or lose the case, they feel at least a small amount of closure.

How did you begin practicing law with your wife?

Debra was 39, a former salesperson and marketer, when she applied to Haub Law in 1995. She was inter­ested in civil rights law, and the school’s catalog listed me as a social justice lawyer. She signed up for my class. A few weeks into the class, I announced I had a new civil rights case and needed interns, and Debra sent me her résumé.

At the end of our interview, she stopped at the door and asked me if I had heard about a case involving the shooting of an African-American man, Charles Campbell, in a deli parking lot in Dobbs Ferry. By that time the family of the victim had already contacted me about representation. She said that she lived there and every weekend she joined family and friends of the man who was shot to demonstrate at the deli and to keep visibility on the case and pressure the district attorney to prosecute the police officer who shot him. After she graduated, I hired her, and that’s how it began. We worked together on the Campbell case. In 2001, we were married, and we hung a shingle in the Bronx not long after.

What do you see as some of the challenges facing civil rights lawyers today?

Frankly, the Supreme Court. With the six conservative judges in the majority we could face an onslaught of reversals in the civil and constitutional rights fields. Most notably, the landmark decision in Roe v. Wade is under attack and could be reversed this year. With the respect to voting rights, the Supreme Court in Shelby County v. Holder, gutted Section 5 (preclearance provision) of the Voting Rights Act of 1965, and now the Court is primed to eliminate Section 2 of that Act that has been critical in securing minority representation at all levels of gov­ernment. In the police reform area, the Supreme Court seems reluctant to reverse decisions such as Graham v. Connor that set a very high burden on plaintiffs in po­lice misconduct cases. So the future is not bright in the Supreme Court—for now. But that does not mean that there is nothing for us to do today. The struggle con­tinues. The forces of justice have been fighting in this country since 1619 to achieve equal rights and justice. At the same time, the opponents of freedom are just as active now as they have been since the founding of this country. The question for each of us, as lawyers, is where do you stand on the barricades—with the people or the enemies of the people.

Chief of Police with the Ossining Police Department, Kevin Sylvester’s path to law school was not on the straight and narrow. After being kicked out of college, Kevin took time to reflect on what path he wanted both his life and career to take. From the Marine Corps to becoming a police officer to having his first child during his second year of law school, Kevin’s journey to where he is today has been nothing short of interesting and a true display of determination.

Did you go straight to law school from undergrad?

I got kicked out of college the first time I attended. It wasn’t that I was having too much fun. I was just an immature kid who was probably depressed and unprepared for living independently and studying full time. I stopped going to class and I left there with lots of credits, but no direction. It was the best thing that ever happened to me because it allowed me to reset and find my fire. I thank god I didn’t scrape by and finish because I’d probably be stuck in a job I hate, doing something that bores me. After leaving school, I joined the Marine Corps and then the police department.

With a police and military background, what made you decide to go to law school?

I always wanted to go to law school. Though most people finish high school, go to college, and directly to law school, I wasn’t ready for that. I didn’t finish my undergraduate program until I was 30. By that time I was working overnight shifts in a police department. Police officers in New York can retire after twenty years so I figured a law degree would give me the opportunity to retire and work a more “normal” schedule.

Do you remember your first day at Haub Law?

Absolutely. Most of the students were nervous but I’d been through so much. Many people feel an obligation to perform when they get to law school, but I already had a good job. I knew I didn’t HAVE to be here. I could have walked out at any time. I was here because I wanted to be here. I chose to be here. It’s a completely different perspective and really allowed me to enjoy my time here. I met some of my best friends that day. Hi Kaitlyn!

What were some of your biggest struggles during law school?

My son was born the first week of my 2L year. If you ever thought law school was tough, imagine reading cases in the delivery room! That’s not even an exaggeration. Nothing in law school came natural to me. I had to work hard and grind. When my son was born, I was terrified I would fall behind and never catch up so his first book was Contracts: Cases and Doctrine.

Looking back, what do you miss most about law school?

I live for the challenges. I truly miss the long days and nights of studying in the library. Even though we were stressed out and felt a ton of pressure, we did it together. It may have been difficult but I have really fond memories of the nights we locked in to prepare for exams, loaded with snacks, together with friends. I really appreciated the opportunity to work with so many incredibly smart students who went on to be wildly successful attorneys. I keep in touch with many of my former classmates. Networking is everything in this business. My alumni network is where I go for professional advice, for friendship, and for motivation.

Moving on to present day, you are the police chief for Ossining—what is your day-to-day like?

During orientation at Haub Law we visited Cuddy + Feder LLP and the managing partner, Chris Fisher, was asked, “as a partner, what is your day like.” His response changed my life. He said, “I’m a business owner—my day is from when I open my eyes to when I close my eyes.” That moment changed my life. I want to spend my time working on projects I believe in. When I know my energy is benefiting others, I never want to stop. My work day now really is when I open my eyes (around 5:00 a.m.) until I close my eyes (around 10:00 p.m.). People rely on me to keep them safe, to help raise their children, and to keep them informed. If done right, it’s a heavy burden and the work never really ends.

I want to spend my time working on projects I believe in. When I know my energy is benefiting others, I never want to stop. My work day now really is when I open my eyes (around 5:00 a.m.) until I close my eyes (around 10:00 p.m.).

What is most rewarding about your job?

I love making people smile. Sometimes it’s speaking with their kids and sometimes it’s offering comfort in a difficult situation or with clients I might help them solve a complex problem. I really appreciate having the opportunity to help people better understand their world. I want to give people something to believe in.

Do you also maintain a law practice?

I started slow, but my practice is growing. I have a solo firm, supported by quite a few alumni who have taught me everything. Most of my work is transactional real estate work but I’m branching out and learning new things every day.

What are some of your passions aside from law enforcement?

This is the hardest question because I love to love things. I coach my kids in little league and I’m a huge fan of youth baseball. I love winter sports and recently switched from skiing to snowboarding. I love endurance sports—distance running, triathlon, anything except the obstacle course races. Those aren’t for me. I love spending time with my kids and my dog, but when I go to bed at night, I can’t wait to get to work in the morning because I forever have something exciting I want to work on.

They say if you love what you do you’ll never work a day in your life. That’s a lie. I work… a lot. But I love what I do so I don’t mind long hours. The thing I learned through the military, policing, and a legal career, is to spend your time doing things you can believe in because it makes it all worthwhile.

Had you not followed the path of law enforcement what do you think you would be doing?

I think policing saved me. It taught me so much about life and community. I’m afraid to think of what I’d have become without all the people I met throughout my career.

What is some of the best advice you personally have received?

One of my mentors told me that my debt for all her guidance was to pass it on. For all the good experiences I’ve had and all the support I’ve received, it’s my turn to pay it forward. My story might not resonate with everyone but I bet there are a couple of students still trying to find their “why.” If that’s you, let me know. A cold call may feel weird but I can’t count the number of friends I’ve made by reaching out to people who inspired me and making a connection.

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Lisa Denig has dedicated much of her career to pioneering Alternative Dispute Resolution (ADR) Initiatives within the New York State Court System. Recently, Lisa started a new position as Principal Settlement Coordinator for the 9th Judicial District within the New York State Unified Court System. “I am tasked with creating and expanding opportunities for ADR in all the courts in the 9th JD,” said Lisa. “Not long ago, settlement or mediation were thought of as secondary to years of discovery, enormous cost outlays, and time spent on trial preparation. That is no longer the case. Today, attorneys come prepared-at the preliminary conference - to discuss alternative ways to resolve their case. Alternative dispute resolution is not the wave of the future, it is the present.”

A dedicated alumna of Haub Law, Lisa is giving back to the law school in another way now: as an adjunct professor teaching Survey of Dispute Resolution Processes. Lisa is also an active member of Haub Law’s advisory board, the Board of Visitors. “Pace gave me the tools I needed to have a successful legal career after law school,” she said.

I am thrilled to remain involved with my alma mater and help set students on their path for ADR success. I loved my time as a law student and love that things have come full circle and I am now teaching at the school.

In 2019, Lisa Denig was appointed Special Counsel for Alternative Dispute Resolution (ADR) Initiatives for the NYS Office of Court Administration, overseeing one of the most innovative programs to date in the New York Court system: the creation and implementation of Chief Judge Janet DiFiore’s initiative, the New York State Presumptive ADR Program. The Presumptive ADR Program was to be implemented in all five boroughs in addition to three specialty courts inside New York City. A certified mediator herself, Lisa is a strong advocate for requiring early ADR in civil court cases and strongly believed in and advocated for the initiative long before it came to fruition.

Lisa notes, “In order to implement this program properly, I had to meet with bar associations, ADR groups and other stakeholders to incorporate them into the new program as well as provide the necessary training opportunities for court staff and outside lawyers. I worked with numerous committees to create rules, templates, develop a data tracking system, along with evaluation forms so we could actually see how the newly instituted program was working and report this to the Chief Judge.”

The program was a success, but it was an uphill battle at times. When asked about one of the biggest challenges she faced, Lisa answered: diversity. “I knew that there would be a diversity issue in the pool of mediators, but did not realize how serious it was. On the first day the mediation program was rolled out in New York City Civil Court, we had four cases that were amenable to mediation-all of whom spoke Spanish-and one Spanish interpreter. This brought home the issue of culture and diversity in mediation as well as all the concerns about access to justice that such challenges raise. From there, I made it a point to promote mediation trainings for diverse attorneys, connect with affinity bar associations, and more.”

Due in part to Lisa’s work, ADR plans were created that require litigants to attempt some form of ADR early in the stages of a civil case. The required ADR may include settlement conferences with judges or court staff, mediation, arbitration, or summary jury trials. Statistically speaking, the NYS Presumptive ADR Program is massive; Lisa notes that it deals with “over 1 million civil filings per year and more than 800,000 of those are in New York City alone.” In recent years, in recognition of her work advancing the Presumptive ADR Initiative, Lisa was recognized as one of New York Law Journal’s Attorney Innovators of the Year.

After serving as Special Counsel for ADR Initiatives for two and a half years, in 2021, Lisa accepted a position as Counsel to New York State Chief Judge Janet DiFiore. In this role, Lisa remained the Chief Judge’s liaison to the Presumptive ADR Initiative, which gave her the opportunity to remain active in the programs she spent years building. Previously, Lisa spent nearly eight years at the Westchester County District Attorney’s Office in a variety of roles. Today, Lisa is thrilled to be fully back in the ADR fold. “ADR is where my passion lies and I am excited to make an impact both in the classroom at Haub Law and also as Settlement Coordinator for the 9^th Judicial District.”

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The Elisabeth Haub School of Law at Pace University is pleased to announce that Erin Gleason Alvarez has joined the faculty as an adjunct professor and Director of the Mediation Practicum, in which students are trained to serve as mediators in small claims disputes. Gleason Alvarez is an arbitrator, mediator, and negotiation consultant. She is a member of the American Arbitration Association Commercial Arbitration Panel, the CPR Institute Panel of Distinguished Neutrals, and Resolute Systems New York and National Mediation Panels. Gleason Alvarez also will conduct mediation trainings for the broader Haub Law community.

Erin Gleason Alvarez is founder of Gleason Alvarez ADR, LLC where she serves as an arbitrator and mediator. In addition, she is the founder and CEO of Take Charge Negotiations, which has helped train over 2,000 people on how to utilize mindfulness in negotiation since launching in 2019. Prior to founding her own companies, Gleason Alvarez served as a litigator and as in-house counsel.

“Haub Law offers numerous ADR-related learning opportunities for students to develop their skills in mediation, arbitration, and negotiation,” said Senior Associate Dean for Academic Affairs and Law Operations and Professor of Law, Jill I. Gross. “Our students have much to gain by having Professor Gleason Alvarez, a renowned expert in the alternative dispute resolution field, as a professor.”

Gleason Alvarez received her Master of Laws from the Straus Institute for Dispute Resolution at Pepperdine University School of Law, her JD from City University of New York School of Law, and her BA from State University of New York at Albany. She is a sought after speaker at various ADR-related speaking engagements and a published scholar on the topic. Gleason Alvarez has also received recognition in the field as a Higginbotham Fellow with the American Arbitration Association and has been recognized by “Who’s Who Legal: Mediation” as a leading mediator from 2020 to date.

“I am so excited to join Haub Law as an adjunct professor,” said Erin Gleason Alvarez. “I have been continually impressed with the level of depth that Haub Law’s ADR program offers. Students at Haub Law are learning about ADR both in and out of the classroom and I am thrilled to be able to add to that experience through my Mediation Practicum course and with mediation trainings.”

Alternative Dispute Resolution at Haub Law

In 2021, Haub Law received a generous five-year grant to name its Investor Rights Clinic after Fairbridge Asset Management, a leading, technology-driven, alternative investment management firm. The newly named Fairbridge Investor Rights Clinic is recognized across the country as a leader in securities arbitration and mediation, and is considered one of the most unique experiential learning opportunities at Haub Law. Additionally, after a generous donation, in 2020, Haub Law renamed its new Representation in Mediation Clinic in honor of Amelia A. Gould. Students gain practical experience in the Gould Clinic, which receives referrals from the U.S. District Court for the Eastern District of New York, the U.S. District Court for the Southern District of New York, and CLUSTER, a community dispute resolution center serving Westchester and Rockland counties.

Haub Law is also home to the Land Use Law Center, which has developed a nationally recognized dispute resolution program for land use disputes. Through its four-day training program, the Center teaches mediation, facilitation, and community decision-making skills and provides orientations for local leaders regarding the processing of specific development projects. Additionally, the Willem C. Vis Moot, founded by Haub Law, is the world’s premier international commercial law moot court. Held each spring in Vienna, the moot involves an arbitration of a contract of sale between two parties in countries that are parties to the United Nations Convention on Contracts for the International Sale of Goods. This moot provides experience in commercial litigation skills and provides an opportunity for students to develop commercial law expertise.

With 4 full-time faculty members and 13 adjuncts who teach courses focused on alternative dispute resolution, Haub Law provides numerous curricular opportunities focused on ADR, along with various extra-curricular experiences and opportunities.

Lubin business student Isaiah Jimenez fell in love with Pace's entrepreneurship program–now, he's running two businesses, even before graduation.