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BBI (Dis)courses Series Continues March 27, 2019, with Premiere of You Were an Amazement on the Day You Were Born

Emily Vey Duke and Cooper Battersby

(Dis)courses: Interdisciplinary Disability Dialogues—a new multimedia series presented by the Burton Blatt Institute’s (BBI) Office of Interdisciplinary Programs and Outreach, in collaboration with the College of Visual and Performing Arts (VPA)—continues on March 27, 2019, at 7 p.m. in Watson Theater with the Syracuse premiere of the film You Were an Amazement on the Day You Were Born. 

The experimental film—by Emily Vey Duke and Cooper Battersby, both faculty members in the Transmedia Department of the College of Visual and Performing Arts—tells the story of a woman with mental and emotional disabilities. The screening will be followed by a discussion and reception. 

Vey Duke and Battersby have collaborated since 1994 in print, installation, new media, curation and criticism, and art video. Their work has been shown at the Whitney Museum, The New York Film Festival, the International Film Festival of Rotterdam, and elsewhere. In 2011, they were Featured Filmmakers at the Rotterdam International Film Festival and the Ann Arbor Film Festival, and in 2016 they were Spotlight Artists at the Images Festival in Toronto. 

(Dis)courses: Interdisciplinary Disability Dialogue showcases disability literature, media, and the arts, focusing on contemporary critical reflection, teaching, and research. “Disability is at the heart of human experience," says University Professor Stephen Kuusisto, Director of BBI’s Interdisciplinary Programs and Outreach initiative. "We’re seeking a broad understanding of embodiments and imagination across academic disciplines. Syracuse University, with its history of disability research, scholarship, and activism, is the perfect place for these vital conversations.”

The final event in the spring 2019 series takes place on April 15, 2019, at 7:30 p.m. Professor Jillian Weise of Clemson University will give a poetry reading in Room 001 of the Life Sciences Building, Syracuse University, followed by a discussion and book signing. 

Weise is a poet, performance artist, and disability rights activist. The Book of Goodbyes won the 2013 James Laughlin Award from the Academy of American Poets. Her speculative novel, The Colony, features the characters of Charles Darwin, Peter Singer, and James Watson. Her first book, The Amputee’s Guide to Sex, was re-issued in 2017 with a new preface. Weise has written about being a cyborg for Granta and The New York Times, and her next book, Cyborg Detective, is forthcoming. Tips for Writers by Tipsy Tullivan, Weise's web series, "parrots and deranges literary ableism." Playing the character of Tipsy across social media, this performance has been cited by Inside Higher Ed, Electric Literature, and BOMB. 

(Dis)courses series events are free and open to the public. American Sign Language (ASL) interpretation and Communication Access Real-time Translation (CART) will be provided during the readings and discussions. The March 27 film screening will be captioned and presented with descriptive audio. ASL interpretation will be provided during the reception following the film screening. For other accommodations requests, or if you have any questions, please contact BBI at least one week before a scheduled event.  

Parking is complimentary, on a first-come, first-served basis. On March 7 and 27, the Marion Lot will be available, with the Q5 lot designated for accessible parking. On April 15, the Q4 lot will be available, with the Q2 lot designated for accessible parking. Parking locations can be found on the campus parking map. Questions about parking can be directed to Dee Bailey at debailey@syr.edu or 315.443.5319. 

About the BBI Office of Interdisciplinary Programs and Outreach

The Office of Interdisciplinary Programs and Outreach creates and advances interdisciplinary, intersectional educational programs, research, and pedagogy focused on disability justice, identities, cultures, and studies. The office engages with a wide array of Syracuse University constituents to collaborate with local, regional, national, and global partners and to pursue development and advancement opportunities that celebrate and enhance the rich and nuanced experiences of disabled people. Disabled students, faculty, staff, and alumni—including the significant experience and contributions of military veterans—are the heart of the Office's mission. 

Executive Education: Dean Craig M. Boise Quoted by InsideHigherEd

Craig M. Boise

A Law School Ventures Into Executive Ed

(InsideHigherEd | March 18, 2019) Business schools dominate online executive education, for good reason. But leaders at Loyola Law School in Los Angeles believe they’ve identified a gap in the market: teaching basic legal skills to business professionals.

The law school, part of private nonprofit Loyola Marymount University, is today launching an executive education program called LLX.

Michael Waterstone, Fritz B. Burns Dean of Loyola Law, said the motivation behind the program is to open up legal education to a “wider range of executives and professionals.”

Law schools have been slow to embrace online education due to a combination of tradition, accreditation limits and state regulation. But after years of falling enrollments and some institutions even closing their doors, leaders like Waterstone are looking to innovate ...

... Craig M. Boise, dean and professor at the College of Law at Syracuse University, said many law schools have been thinking in recent years about “how they can take their core product -- understanding the law” to a wider market.

Several schools have established law degree programs that are online hybrids, said Boise. But few have explored outside the realm of continuing legal education. “There is a market out there for providing legal education to people who don’t want to practice,” said Boise. “I applaud Loyola for thinking outside the box.”

Loyola is a well-known law school, particularly in Los Angeles. But whether its online certificates will have national appeal remains to be seen. “Very few schools, with the possible exceptions of Harvard and Yale, have brands that are going to carry a lot of weight,” said Boise. This is not a criticism of Loyola, he said. Syracuse has in the past decided against offering online certificates for this reason. “Certificates have got to have some currency,” he said ...

Read the full article.

William C. Snyder Discusses Huawei as a Security Threat With The Verge

William C. Snyder

Is Huawei a Security Threat? Seven Experts Weigh In

(The Verge | March 17, 2019 )The United States government is cracking down hard on Huawei. Lawmakers and intelligence officials have claimed the telecommunications giant could be exploited by the Chinese government for espionage, presenting a potentially grave national security risk, especially as the US builds out its next-generation 5G network. To meet that threat, officials say, they’ve blocked government use of the company’s equipment, while the Justice Department has also accused Huawei’s chief financial officer of violating sanctions against Iran, and the company itself of stealing trade secrets.

Huawei’s response has been simple: it’s not a security threat. Most importantly, the company’s leaders have said the US has not produced evidence that it works inappropriately with the Chinese government or that it would in the future. Moreover, they say, there are ways to mitigate risk — ones that have worked successfully in other countries. Huawei’s chairman has even gone so far as to call the US government hypocritical, criticizing China while the National Security Agency spies around the globe. The company has also denied any criminal wrongdoing ...

WILLIAM SNYDER, PROFESSOR OF LAW, SYRACUSE UNIVERSITY

Huawei is a threat to US national security, but that misses the bigger point. Vulnerabilities in the supply chain of network hardware and software is, has been, and will continue to be a threat to the national security of the United States and many other countries, including China. It remains very difficult to audit that a chip with millions of embedded transistors or software with millions of lines of code does only what consumers know and consent to it doing. Even if Huawei is not committing the sort of crimes for which a US grand jury indicted it, any company that supplies such a large percentage of the market for components of telecommunications networks and has such ties to the People’s Liberation Army is a threat. Huawei’s need to operate under Chinese laws about cooperation with Chinese military and intelligence agencies is of concern.

Huawei’s status as a threat is hardly unique. Not only are other Chinese companies such as ZTE and China Mobile embedded in the supply chain, but so are those of other countries. Huawei itself buys components from major US firms, including Qualcomm. Those companies are subject to US laws concerning cooperation with US intelligence agencies. Given the essentially free market economy of the United States, rarely, if ever, will a US company be as closely tied to the government as Chinese companies are. Still, if you are a security policymaker of a nation like India — with several times the population of the US — wouldn’t you worry about how many major militaries have back doors into your networks?

As long as conflict occurs at the nation-state level while critical cyber networks are designed and manufactured internationally, we all must be very careful. This is a systemic problem. Currently, Huawei’s size and ties to the PLA make it the focus of concern. In the future, another supply chain threat will take center stage.

Read the full article.

US News & World Report Rankings 2019

College of Law

The 2020 edition of the U.S. News and World Report law school rankings was released on March 12. The College of Law is ranked #91—in a tie with 10 other law schools—dropping from last year’s ranking of #88.

That drop occurred despite the fact that our 2018 incoming class’s 25th percentile GPA increased from 3.04 to 3.13; the 25th percentile LSAT score improved from 150 to 152; our New York State bar pass percentage was the highest ever, at 91.6%; and our employment rate for bar passage-required and JD-advantage jobs exceeded 90%. 

We are committed to continuing to strengthen areas reflective of our strategic vision, such as selectivity in admitting new students, bar passage rate, and our graduates’ ability to obtain gainful employment. 

We also will continue to address the College’s reputation with peers and within the legal industry by building, promoting, and publicizing innovative programs—such as JDinteractive and our expansive externship program—and by differentiating ourselves through our three strategic research institutes and our trial and advocacy program.

Our mission is to provide an outstanding, forward-leaning 21st-century legal education so that our students can cultivate rewarding careers and realize their life goals. Our improvements in key indicators over the past year—in enrollment, bar passage, and employment—show that we continue to deliver on our strategy of educational excellence. 

Alumni support is critical to our success in these matters, and I appreciate all you do for your alma mater.

Craig M. Boise
Dean & Professor of Law

Syracuse University College of Law to Host ALPS 10th Annual Meeting, May 16-18, 2019

ALPS 2019

From May 16-18, 2019, the Association for Law, Property, and Society (ALPS) will hold its 10th Annual Meeting at the Syracuse University College of Law. The ALPS Annual Meeting—hosted by the College's Center on Property, Citizenship, and Social Entrepreneurism (PCSE)—convenes scholars from all over the world to discuss property law, policy, planning, social scientific field studies, modeling, and theory. 

"We are delighted to have Dean Craig M. Boise support our hosting of the 10th Anniversary Annual Meeting of ALPS at the College of Law," says Professor Robin Paul Malloy, E.I. White Chair and Distinguished Professor of Law and PCSE Director. "ALPS is the most diverse and influential association of property law scholars in academia today. Syracuse was the original force behind the founding of ALPS, and this relationship makes hosting the 10th anniversary meeting extra special for us." 

ALPS is a membership organization for scholars performing interdisciplinary legal scholarship on all aspects of property law and policy, including real, personal, intellectual, intangible, cultural, personal, and other forms of property. Its scholars work in the realms of common law, civil law, indigenous law, and mixed legal traditions. 

Topics to be discussed at the Annual Meeting include disability law, the built environment, and accessibility; indigenous people; energy law; water law; climate change; land use planning, land regulation, and Zoning; and historic preservation. Attendees will have the option, while in Central New York, to visit to the Oneida Nation, an indigenous nation of Native American people whose sacred and sovereign homelands are located in Central New York. 

For more information on ALPS 2019, visit alps2019.syr.edu

Corri Zoli Discusses "Terrorist Critical Infrastructures" at the American Society for Public Administration Annual Conference

Corri Zoli

Corri Zoli, Director of Research at the Institute for National Security and Counterterrorism, joined interdisciplinary scholars of critical infrastructure and disaster management policy on the panel "Crisis and Emergency Management Decisionmaking" at the American Society for Public Administration (ASPA) Annual Conference in Washington, DC, on March 10, 2019. 

Zoli's paper addressed "Terrorist Critical Infrastructures: A Public Service and Disaster Management Approach to Global Insecurity". Defining "terrorist critical infrastructures" as physical and virtual systems and assets designed and appropriated by terrorist actors to achieve their aims, Zoli's paper critiques current counterterrorism approaches and argues for better approaches based in "appropriate public affairs domains: public service, disaster management, and framed by empirics, good governance, and the rule of law." 

Billed as public administration's premier event of the year, ASPA convenes 1,300 practitioners, scholars, and students to join together theory with practice and to share current trends and information. This year the closing address was given by College of Law alumnus Vice President Joseph R. Biden L'68. 

Civility Expert Keith Bybee Speaks to NPR

Keith Bybee

Examining Civility In A Time Of Deepening Political Divisions

(NPR Morning Edition | March 11, 2019) These days, the word civility can seem almost quaint. Do Americans even agree that it's something to strive for? We explore what civility — and incivility — mean in polarizing times.

 

Law Library Displays Photography of Professor Paula Johnson

Professor of Law Paula Johnson

If you haven’t yet explored the art display on the first floor of Dineen Hall, be sure to stop by soon! The double-sided gallery facing the Levy Atrium and the  Law Library Kossar Reading Room showcases a selection of photographs by Syracuse University College of Law Professor Paula C. Johnson. The images are from two of Johnson’s exhibits—Cultural Crossings: Images of Southern, Central, and West Africa, and Photo Essay: Conversations with Black Women Gardeners and Farmers

The display was created by Law Librarians Mark Burns and Kimberly Miller, on behalf of the Law Library, as part of the College’s celebration of Black History Month, and will run through the end of March. 

ABOUT THE ARTIST

Johnson grew up in Washington, DC and Prince George’s County, MD. She is a scholar, activist, photographer, and gardener. She teaches criminal law, criminal procedure, race and law, and directs the Cold Case Justice Initiative (CCJI), which investigates unsolved racially-motivated killings from the Civil Rights Era and recent times. She is the co-editor of Johnson, et al., Interrupted Life: Experiences of Incarcerated Women in the United States (UC Berkeley. Press, 2010); and is the author of Inner Lives: Voices of African American Women in Prison I (NYU Press, 2003). She writes and speaks frequently on civil and human rights, incarceration in communities of color, access to higher education, and LGBTQ rights. Her photographs of the peoples and landscapes of the African Continent and the African Diaspora have been widely exhibited in galleries, universities, and community spaces.

ABOUT THE EXHIBITS

CULTURAL CROSSINGS: IMAGES OF SOUTHERN, CENTRAL AND WESTERN AFRICA depicts the diversity of African peoples and places. These images reveal the beauty, complexity, and endurance of African people in relation to history, modernity, rural and urban spaces, community, culture, self-awareness, and self-definition. The photographs span several regions of Africa, including Zimbabwe, South Africa, Namibia, Ghana, and Ivory Coast.

CONVERSATIONS WITH BLACK WOMEN GARDENERS AND FARMERS are part of a photo essay in which Black women across the U.S. discuss their relationships to the land through gardening and farming in ways that are rarely depicted. They discuss their interests, knowledge, and cultural and creative expression in connection with the land. In light of the massive degree of Black land loss in the United States, the women’s narratives and portrayals carry a further sense of urgency with regard to the cultural, racial, gender, aesthetic, and legal dimensions. 

College of Law Team Places 5th in National Phi Alpha Delta Mock Trial Competition

Phi Alpha Delta team

The team of 2Ls Joseph Mallek, Molly McDermid, Richard Miller, and Kevin Risch, representing the College’s Carmody Chapter, placed fifth at the National Phi Alpha Delta Mock Trial Competition. The team was coached by Anthony Johnston L'15 and Jennifer Pratt L'17. Twenty-eight teams from Phi Alpha Delta chapters around the nation competed in the annual event.

College of Law Wins Regional American Association for Justice Student Trial Advocacy Competition

AAJ Trial Team

A team of 3Ls Gabrielle Bull and Matthew Wallace and 2Ls Courtney Thompson and Alex Trunfio won its regional round of the American Association for Justice (AAJ) Student Trial Advocacy Competition. Joe Cote L’87, Annie Millar L’18, and Joanne van Dyke L’87 served as coaches, and 2L John Dowling was the alternate.

Over the course of the competition, the College of Law team won every ballot except one in their four rounds. This is the third consecutive year that the College of Law has advanced to the national round.

In April, they will face the winners of 15 other regional competitions in the National Finals Competition in Philadelphia.

William C. Snyder Discusses Police Brawl Case with the Pittsburgh Post-Gazette

William C. Snyder

Legal experts analyze lack of charges in bar brawl between Pittsburgh police, Pagans

(Pittsburgh Post-Gazette | March 4, 2019) Last week the top two prosecutors in the Pittsburgh region said they wouldn’t charge Pittsburgh police officers seen on video brawling with members of the Pagans at Kopy’s Bar on the South Side, in one case punching a man 19 times while he was being held by his hair.

Why no charges?

The U.S attorney’s office said Wednesday that the FBI found no basis for federal crimes. The next day the Allegheny County district attorney’s office said it wouldn’t charge the officers with any state crimes, either.

Neither office will comment further.

Undercover Pittsburgh police detectives brawled with members of the Pagans motorcycle club inside Kopy's bar on the South Side on Oct. 11, 2018.

But the consensus among legal experts, lawyers and former prosecutors is that while the first decision is understandable, the second is harder to justify.

“The part that is most likely to be unlawful is the repeated punching of one civilian on the bar who cannot resist. It is hard to see how that is not criminal,” said William Snyder, a Syracuse University law professor and former assistant to the U.S. attorney general who spent 13 years as a federal prosecutor in Pittsburgh.

That opinion was shared by others who saw the recording of Frank DeLuca being punched again and again while appearing to be defenseless ... 

Read the full article.

DCEx Students Learn About Military Law from Distinguished Guest Lecturer Colonel Karen Mayberry

Colonel Mayberry and students

Distinguished guest lecturer Col. Karen Mayberry recently hosted spring DCEx participants at Joint Base Andrews. Mayberry currently serves as the Chief Appellate Military Judge for the United States Air Force Court of Criminal Appeals. She was appointed to the court in 2015 and has served as a Judge Advocate General in the Air Force since 1990.

Mayberry hosted the seminar in her courtroom and provided students with an overview of the court’s current judges and staff and jurisdictional authority, and she explained how the latest changes to the Uniform Code of Military Justice have altered day-to-day operations. The Chief Judge discussed how consensus is reached on the court and how she manages a docket that permits the court to engage in de novo review for factual sufficiency which is unlike many other appellate courts. She noted that many of the right answers to the legal questions and predicaments she has faced in her career did not come from the classroom, but from her experiences.  

Before her appointment to the court, Mayberry served as the Chief Defense Counsel in Guantanamo Bay, Cuba. In this role, she oversaw all defense attorneys representing detainees. “While a difficult role, the Colonel highlighted that her flexibility and adaptability served her well as she adjusted to new roles and locations around the world. These are traits she recommended each student possess in order to have fulfilling and successful legal careers,” said Professor Terry L. Turnipseed, Faculty Director of Externship Programs.

Nina Kohn Cited in Pacific Standard's Presidential Age Cap Article

Nina A. Kohn

Should There Be an Age Cap on the President?

(Pacific Standard | Feb. 25, 2019) With the beloved Vermont Independent Bernie Sanders gearing up for another bid for the presidency in 2020, the Democratic primary field is one of the oldest in recent memory. Sanders, at 77, is five years older than President Donald Trump—the oldest person ever elected to the office except for Ronald Reagan in his second term. Two of Sanders' most viable Democratic competitors, Elizabeth Warren and Joe Biden, are 69 and 76, respectively.

The age of many of those seeking office lends itself to a question: Is a candidate ever too old to run?

Article II of the Constitution doesn't set a maximum age for holding the office of president, instead setting a minimum age of 35 and stringent citizenship requirements as the preconditions for executive power. But the question of setting a maximum age is becoming an increasingly pressing one as the average age of presidential nominees has steadily increased over the last century. While average life expectancy has also increased among American men and women, "age is a potent risk factor for any number of diseases," as FiveThirtyEight noted during the 2016 contest, including "the incidence of heart disease, cancer and Alzheimer's disease all increase in advancing years" ...

... "Chronological age is seen as an expedient and acceptable proxy for a variety of underlying human characteristics that policymakers wish to target for public policy interventions, and age-based criteria continue to be entrenched in U.S. public policy," writes Kohn in an analysis of age-based discrimination. "For example, one must be twenty-one to consume alcohol legally and sixty-five to become eligible for general Medicare. ... Chronological age criteria employed in statutes can also dictate the ability of an individual to invoke statutory protection from employment discrimination" ...

Read the full article.

Foreign Policy Discusses Southern Border Troop Deployment with William C. Banks

William C. Banks

Pentagon Chief Weighs Broader Approach to Border Security

(Foreign Policy | Feb. 25, 2019) The US military is sending an additional 1,000 troops to the border with Mexico, bringing the number of US military personnel there—both active-duty and National Guard—to about 6,000, a senior defense official told reporters at the Pentagon on Feb. 22.

That’s a significant chunk of military resources going toward a mission that can only legally be performed by domestic law enforcement such as Customs and Border Protection (CBP) officers: border security. Under the Posse Comitatus Act, the US military is prohibited from taking any direct role in law enforcement—including search, seizure, apprehension, or arrest.

So what, then, are those 6,000 troops actually doing there? So far, the US military has functioned primarily in a supporting role—installing concertina wire, transporting law enforcement officers by air, providing medical services to migrants, hardening points of entry, and helping with surveillance. In addition to stringing another 140 miles of concertina wire, the troops will be supporting the CBP officers between the points of entry, as well as installing ground-based detection systems, the senior defense official said.

The goal is “freeing up agents and putting them in a law enforcement role instead of administrative duties,” according to the official.

Despite their restricted role, it now seems like the troops on the border are there for the long term. As the Trump administration trumpets the so-called national security crisis of border security—and seeks to divert billions of dollars in military funding to building his long-promised border wall—the Pentagon is reassessing the role of the US military in securing the border ...

... But William Banks, an emeritus professor at Syracuse University’s College of Law and Maxwell School, believes there is no “clear, positive legal authority” for active-duty US troops to be at the US-Mexico border. The surveillance and detection role could pose a particular problem, he added.

The laws allowing US military forces to conduct surveillance in support of CBP officers dates back to the “war on drugs” in the 1980s and were specifically designed for counter-drug activities, Banks explained.

That means that any surveillance the US military is conducting that is not directly related to drug trafficking—for example, monitoring the border for illegal crossings—could be challenged in a court of law ...

Read the full article.

William C. Banks Scholarship Included in Groundbreaking Disaster Risk Management Handbook

Disaster Risk Management

Professor Emeritus William C. Banks is among the authors included in a groundbreaking handbook for the emerging fields of disaster risk management and disaster risk reduction (DRR) law. The Cambridge Handbook of Disaster Risk Reduction and International Law (Cambridge, 2019) is edited by Katja L. H. Samuel, Marie Aronsson-Storrier, and Kirsten Nakjavani Bookmiller. Banks' chapter—"Improving disaster risk mitigation: Towards a 'multi-hazard' approach to terrorism"—is co-authored with Samuel and Daphné Richemond-Barak, of the Institute for Counter-Terrorism in Herzliya, Israel. 

The new handbook introduces concepts of DRR, especially DRR law; highlights the critical need for broader cross-sectoral engagement on DRR issues; looks at the multi-sectoral approaches of the Sendai Framework, especially between law, science, and technology; contributes to the development of DRR related law, policy, and practice; and informs law and policy makers of the growing importance of DRR law through comparative analysis of multiple regimes.

Write the co-editors in their introduction, "The number, intensity, and impact of diverse forms of 'natural' and 'human-made' disasters are increasing. In response, the international community has shifted its primary focus away from disaster response to prevention and improved preparedness. 

"The current globally agreed upon roadmap is the ambitious Sendai Framework for Disaster Risk Reduction 2015–2030, central to which is the better understanding of disaster risk management and mitigation. Sendai also urges innovative implementation, especially multi-sectoral and multi-hazard coherence. 

"Yet the law sector itself remains relatively under-developed, including a paucity of supporting "DRR law" scholarship and minimal cross-sectoral engagement. Commonly, this is attributable to limited understanding by other sectors about law's dynamic potential as a tool of disaster risk mitigation, despite the availability of many risk-related norms across a broad spectrum of legal regimes."

Knowledge@Wharton: David Driesen on the "Green New Deal"

David Driesen

(Knowledge@Wharton Podcast | Feb 19, 2018) Whatever the merits of the “Green New Deal” that two U.S. Democrats unveiled earlier this month, it surely has raised the temperature of the debate on climate change, along with that of jobs, income inequality, health care, housing and more. In a broad sweep at progressive initiatives, the resolution introduced by New York Congresswoman Alexandria Ocasio-Cortez and Massachusetts Senator Ed Markey calls most prominently for the U.S. to move off of fossil fuels and become carbon-neutral in a decade.

While supporters have hailed the move as long overdue, critics have dubbed it as sloganeering or at best, unrealistic in its goals. Republican Senate Majority Leader Mitch McConnell has said he will bring the bill up for vote, but Democrats are dismissing that move as a political ploy rather than a serious debate on the merits of the plan ...

... But many climate-change policies elsewhere in the world are ambitious and have multiple goals, according to David M. Driesen, professor at Syracuse University’s College of Law, who focuses on environmental law, law and economics, and constitutional law. “I see its primary potential as being a … populist political proposal that might not pass now, but if it’s done right and messaged right, might have the capacity to help change electoral results,” he said “And that’s what’s needed. We’re going nowhere unless there are bold proposals put forward on messaging the shifts where the polity is at on these things.”

Orts, Spence, and Driesen shared their thoughts on what the Green New Deal could achieve on the Knowledge@Wharton show on Sirius XM ...

Read the article and listen to the podcast.

College of Law Law to Host VALOR Day of Free Legal and Financial Services to Central New York Veterans, Service Members, and Families

The College of Law will hold its bi-annual VALOR Day event on Saturday, March 2 from 9 a.m. to 3 p.m. at Dineen Hall, 950 Irving Avenue, Syracuse. Local attorneys and professionals will offer free legal and financial services for veterans, active duty service members, reserve service members, and their immediate families. Conceived by College of Law students, VALOR (Veterans’ Advocacy, Law and Outreach) Day is one of the many ways students give back to the community and those who serve our country.

Services available during VALOR Day include legal consultations with attorneys that specialize in veterans’ legal issues, family law, criminal law, estate and planning issues, and other related areas. Attendees can also receive tax preparation services by appointment. The event will include a veterans’ information fair with representatives from veteran and government organizations on site to discuss their services. 

VALOR Day is coordinated by VISION (Veterans Issues, Support Initiative and Outreach Network), a student-run College of Law organization. Since its inception in 2012, VALOR Day has assisted more than 300 veterans and their families by providing access directly to services they need the most.

Appointments made in advance are suggested, but not required. Free parking is available in the Stadium lot and the Irving Garage during VALOR Day. For more information or to arrange an appointment, contact VISION@law.syr.edu or call (315) 760-4617.

College of Law to Welcome Reshma Saujani as 2019 Commencement Speaker

Reshma Saujani

Syracuse University College of Law Dean Craig M. Boise has announced that Reshma Saujani, founder and CEO of Girls Who Code, will be the speaker at the Commencement of the Class of 2019 on May 10, 2019, at 11 a.m. in the Carrier Dome, Syracuse University. 

"Reshma Saujani's path from law graduate to public servant to education innovator is an inspiration for our graduates and students, for it shows what can be achieved when imagination, drive, and a passion for giving back are combined with a rigorous legal education," says Dean Boise. "Through Girls Who Code, Reshma is transforming tens of thousands of lives a year. She is changing how technology is taught in our schools, helping to ensure broad, inclusive, and equitable access to education and opportunity. I look forward to hearing Reshma’s unique perspective on the law, public service, and education and her words of encouragement to our graduates as they begin their own careers."

Saujani is the author of three books: 2019's Brave, Not Perfect; The New York Times bestseller Girls Who Code: Learn to Code and Change the World; and Women Who Don’t Wait in Line. Her TED talk—“Teach Girls Bravery Not Perfection”—has had more than four million views and sparked a worldwide conversation about how girls are raised, taught, and given the confidence to succeed.

Beginning her career as an attorney and activist, Saujani surged onto the political scene in 2010 as the first Indian American woman to run for US Congress. A former Deputy Public Advocate for New York City, Saujani also ran a campaign for Public Advocate in 2013 on a platform of creating opportunity for all. 

"I am looking forward to visiting Syracuse in May and sharing with the Class of 2019 my thoughts on the intersections of law, service, education, and leadership," says Saujani. "My background in the law has served me at every turn of my professional life, and I believe it's hugely important to counsel young lawyers at the launch of their careers, especially when there is so much at stake in our nation and our democracy.”

During her congressional campaign, Saujani visited local schools and observed firsthand the gender gap in computing classes. This experience led her to start the nonprofit Girls Who Code in 2012. Girls Who Code leads a movement to inspire, educate, and equip young women with the computing skills to pursue 21st century opportunities. At the end of 2018, the program had reached more than 90,000 girls across the US, Canada, and the UK.

A graduate of the University of Illinois, Harvard’s Kennedy School of Government, and Yale Law School, Saujani has earned broad recognition for her work on behalf of young women. She has been included among Fortune World’s Greatest Leaders, Forbes’ Most Powerful Women Changing the World, Fast Company’s 100 Most Creative People, and Fortune’s and Crain’s 40 Under 40. Wall Street Journal Magazine named her Innovator of the Year, and she is a winner of the Harold W. McGraw Jr. Prize in Education.

Saujani serves on the Board of Overseers for the International Rescue Committee, which provides aid to refugees and persons impacted by humanitarian crises, and She Should Run, which seeks to increase the number of women in public service and leadership. In addition, she serves as an ex-officio Trustee of the Museum of Modern Art. 

Roy Gutterman Speaks to WSJ About Clarence Thomas' Press Freedom Opinion

Roy Gutterman

Clarence Thomas Urges Easing Standards for Suing News Organizations

(Wall Street Journal | Feb. 18, 2019) Justice Clarence Thomas issued a solo opinion Tuesday urging his colleagues on the Supreme Court to consider making it easier for public figures to sue news organizations.

Justice Thomas made his argument in an opinion that, technically, agreed with the court in refusing to consider reinstating a defamation suit against Bill Cosby, the comedian convicted last year of sex crimes. A woman who publicly accused Mr. Cosby of rape, Kathrine McKee, sued Mr. Cosby after his attorney allegedly sent and leaked a confidential letter to a newspaper disputing her credibility.

Lower courts dismissed the suit, holding that Ms. McKee, having injected herself into a public debate, had to meet a higher burden to demonstrate her injury. The Supreme Court laid out that standard in 1964, when it unanimously threw out a $500,000 award a Montgomery, Ala., commissioner had won in state court against the New York Times ...

... The precedent Justice Thomas challenged “gives the press wide flexibility to comment on and criticize people in power. Since 1964, Times v. Sullivan has become part of our fabric, not only in First Amendment law, but American democratic principles,” said Roy Gutterman, director of the Tully Center for Free Speech at Syracuse University.

President Trump frequently has complained that constitutional standards make it too hard to sue news organizations, but some scholars have noted that the high bar for First Amendment lawsuits may help protect Mr. Trump from liability for some of his own provocative remarks ...

Read the full article.

College of Law Mistakenly Included in USA Today List of Poor Bar Passage Performers

Syracuse University College of Law

A Jan. 24, 2019, USA Today article entitled "Law schools where too many graduates fail the bar exam may face tougher sanctions," mistakenly included Syracuse University College of Law in a list of 18 schools that would not satisfy the ABA’s proposed new 75% bar passage standard if the standard were applied to their 2015 bar passage rates.  In fact, not only did Syracuse’s bar passage rate of 82.6% for 2015 graduates clearly exceed the proposed standard, its bar pass rates for the classes of 2016 and 2017 are even stronger, surpassing 90%.

The American Bar Association (ABA), which accredits law schools, promulgates a set of standards with which law schools must comply in order to maintain their accreditation. Recently, the ABA proposed a new “ultimate bar passage” standard that requires each class in all accredited law schools achieve a 75% bar passage rate within two years of graduating.

In its article commenting on the new standard, Gannett, the publisher of USA Today, included a table showing that Syracuse’s 2015 graduates had an ultimate bar passage rate of 71.2%. The class’s actual rate, which has been confirmed with the ABA, was 82.6%. 

College of Law Dominates at the National Trial Competition Regional Competition

3L Dennis Scanlon and 2L Adam Leydig

The team of 3L Dennis Scanlon and 2L Adam Leydig were co-winners of the Region 2 National Trial Competition in Buffalo, NY, and will represent the College at the national competition in San Antonio, TX, in March. Leydig also won Best Cross Examination and the Anthony DeMarco Jr. Region 2 Overall Best Advocate Award. Scanlon was the runner-up for the Overall Best Advocate Award.

Joanne Van Dyke L’87 is the team’s coach. A number of professors and alumni supported the team throughout their preparations, including Joseph S. Cote III L’87, Michelle Whitton Cowan L’07, Gary Kelder, Jeffrey G. Leibo L’03, Stephanie M. Martin-Thom L’18, Jimmie C. McCurdy L’09, Lee Michaels L’67, Annie M. Millar L’18, and Justin St. Louis L’17.

Burton Blatt Institute's Multimedia (Dis)courses Series Launches March 7, 2019

Burton Blatt Institute

On March 7, 2019, the Burton Blatt Institute’s (BBI) Office of Interdisciplinary Programs and Outreach, in collaboration with the College of Visual and Performing Arts (VPA), will present the first event in a new series that showcases disability literature, media, and the arts, focusing on contemporary critical reflection, teaching, and research. The series is called (Dis)courses: Interdisciplinary Disability Dialogues.

The March 7 event will feature Professor Taylor Brorby, of Hobart and William Smith Colleges in a prose reading, discussion, and book signing at 7:45 p.m. in Watson Theater, Watson Hall, Syracuse University. Brorby is an award-winning essayist and a poet whose work has been featured in North American Review, Orion, and The Huffington Post. He is the author of Crude: Poems, Coming Alive: Action and Civil Disobedience, and co-editor of Fracture: Essays, Poems, and Stories on Fracking in America

“Disability is at the heart of human experience," says University Professor Stephen Kuusisto, Director of BBI’s Interdisciplinary Programs and Outreach initiative. "We’re seeking a broad understanding of embodiments and imagination across academic disciplines. Syracuse University, with its history of disability research, scholarship, and activism, is the perfect place for these vital conversations.”

The series continues on March 27, 2019, at 7 p.m. in Watson Theater, with the Syracuse premiere of You Were an Amazement on the Day You Were Born, an experimental film that tells the story of a woman with mental and emotional disabilities. The screening will be followed by a discussion and reception. 

Filmmakers Emily Vey Duke and Cooper Battersby are both faculty members in the Transmedia Department of the College of Visual and Performing Arts. They have collaborated since 1994 in print, installation, new media, curation and criticism, and art video. Their work has been shown at the Whitney Museum, The New York Film Festival, the International Film Festival of Rotterdam, and elsewhere. In 2011, they were Featured Filmmakers at the Rotterdam International Film Festival and the Ann Arbor Film Festival, and in 2016 they were Spotlight Artists at the Images Festival in Toronto. 

On April 15, 2019, at 7:30 p.m., Professor Jillian Weise of Clemson University will give a poetry reading in Room 001 of the Life Sciences Building, Syracuse University, followed by a discussion and book signing. 

Weise is a poet, performance artist, and disability rights activist. The Book of Goodbyes won the 2013 James Laughlin Award from the Academy of American Poets. Her speculative novel, The Colony, features the characters of Charles Darwin, Peter Singer, and James Watson. Her first book, The Amputee’s Guide to Sex, was re-issued in 2017 with a new preface. Weise has written about being a cyborg for Granta and The New York Times, and her next book, Cyborg Detective, is forthcoming. Tips for Writers by Tipsy Tullivan, Weise's web series, "parrots and deranges literary ableism." Playing the character of Tipsy across social media, this performance has been cited by Inside Higher Ed, Electric Literature, and BOMB

Events in the Spring 2019 (Dis)courses series are free and open to the public. American Sign Language (ASL) interpretation and Communication Access Real-time Translation (CART) will be provided during the readings and discussions. The March 27 film screening will be captioned and presented with descriptive audio. ASL interpretation will be provided during the reception following the film screening. For other accommodations requests, or if you have any questions, please contact BBI at least one week before a scheduled event.  

Parking is complimentary, on a first-come, first-served basis. On March 7 and 27, the Marion Lot will be available, with the Q5 lot designated for accessible parking. On April 15, the Q4 lot will be available, with the Q2 lot designated for accessible parking. Parking locations can be found on the campus parking map. Questions about parking can be directed to Dee Bailey at debailey@syr.edu or 315.443.5319. 

As Trump Turns to a National Emergency, the Media Turns to William C. Banks

William C. Banks

President Donald J. Trump has made it known that he would declare a "national emergency"  at the US/Mexico border in order to secure funds to build a southern border wall, an effort to augment funds that Congress has appropriated for border security in a bill that the president is expected to sign. 

The national emergency declaration would be unusual in this case, as the southern border crisis lacks the immediacy of a catastrophe such as Sept. 11, 2001. The declaration also may be unconstitutional, and it probably will be challenged in the courts. National security expert Professor Emeritus William C. Banks has been in demand by top media outlets to explain the what, why, when, and how of declaring a national emergency. 

Trump wants the military to build the border wall. It might not be legal.

(Vox | Feb. 14, 2019) After months of back-and-forth with Congress, President Donald Trump is expected to soon declare a national emergency in order for the US military to construct the southern border wall he’s promised for years.

But there’s a pretty big problem with that, according to experts — namely, that he has a very weak legal case, and there’s strong political opposition to making that happen.

Set aside the fact that Trump’s own administration doesn’t assess that there is a massive national security problem at the US-Mexico border. Trump believes there is, and he plans to take extraordinary measures to keep asylum seekers out of the country.

William Banks, a national security law expert at Syracuse University, helped me understand what to expect in the days ahead.

It turns out it’s going to be quite the tricky fight for Trump should he decide to actually declare a national emergency solely to get the border wall built.

The key law in question is the appropriately named “Construction authority in the event of a declaration of war or national emergency.” Here’s what it says:

In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated ...

Read the full article.


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Syracuse University College of Law Adds Three Faculty Members

Syracuse University College of Law has hired three faculty members with expertise in constitutional and administrative law, health and disability law, and business and transactional law. The new faculty members will begin their service with the College of Law in August 2019.

Professor Jennifer Breen will teach administrative law, constitutional law, and property. In the 2018-2019 academic year, Breen served as a College of Law Faculty Fellow. Before joining the College, Breen worked as a judicial law clerk to the Hon. Rosemary S. Pooler on the US Court of Appeals for the Second Circuit and practiced immigration law. 

Breen’s interdisciplinary research explores democratic politics in practice, including the politics of work and immigration. Her writing has appeared in the Journal of Policy History and the American Criminal Law Review. As a student at Cornell Law School, she received the Ida Cornell Kerr and William Ogden Kerr Memorial Prize for academic excellence and the Marc E. and Lori A. Kasowitz Prize for Excellence in Legal Writing and Oral Advocacy. She also was a recipient of a Mellon Fellowship in Humanistic Studies. 

Breen earned her J.D. (summa cum laude) from Cornell Law in 2015; her Ph.D. and M.A. in Political Science from the University of Pennsylvania in 2011 and 2007, respectively; and her B.A. in Political Science from the University of North Carolina at Chapel Hill (with highest honors and highest distinction).

Professor Doron Dorfman will teach health law, employment discrimination, torts, and disability law, and he will assist the research and mission of the Burton Blatt Institute. Before his graduate work at Stanford, Dorfman was a litigator at top law firms in Israel and was actively involved in NGOs, such as Kav La’Oved (the “Worker’s Hotline” for disadvantaged workers and asylum seekers). He has been a Lecturer in the Handa Center for Human Rights and International Justice, Stanford University, and a Visiting Scholar at the Center for the Study of Law and Society, University of California Berkeley Law

Dorfman's scholarship focuses on disability and health law. Using multi-method quantitative and qualitative methods, his explores how stigma informs the legal treatment of disempowered communities. His articles are published in Law & Social Inquiry, Columbia Journal of Gender & Law, and the Journal of Law & Biosciences. Dorfman's work has been cited by federal courts and the Israeli Supreme Court. Additionally, he has received multiple awards, including the Burton-Law360 Distinguished Legal Writing Award, the Steven M. Block Civil Liberties Award, and the American Society of Comparative Law’s Colin B. Picker Prize.

Dorfman earned a J.S.M. (2014) and J.S.D. (2019) from Stanford Law School. He holds a B.A. in Communication (2009), an LL.B. (2009), and an LL.M (2010), all from the University of Haifa.

Professor Mary Szto will teach contracts and business associations, among other business- and transactional law-related courses. Before entering legal education, Szto practiced law in New York City, representing banks in financing matters, and she co-founded a legal aid organization specializing in immigration law. Her previous teaching posts were at Valparaiso University School of Law and Mitchell Hamline School of Law. 

Szto has written about property issues, such as the role of real estate agents and housing discrimination, and she has published bilingual law texts on American property law and democracy in China. Her articles—on Chinese-American property ownership, anti-corruption law, real estate, and Chinese law and traditions—have appeared in the Journal of Transnational Law & Policy, Fordham International Law Journal, Minnesota Journal of International Law, and elsewhere.

Szto holds a J.D. (1986) from Columbia University School of Law; an M.A. (1983) from Westminster Theological Seminary; and a B.A. (1981) from Wellesley College. 

“The College of Law is proud to expand our faculty ranks with these outstanding teachers and interdisciplinary scholars,” says Dean Craig M. Boise. “They add considerable expertise in key strength areas of the College, they bring diverse experiences and viewpoints to the College, and our students will benefit tremendously from their inclusive approaches to legal education.”

Three College of Law Scholars Featured in Bialystok Legal Studies

Professors Michael Schwartz and Cora True-Frost, along with alumnus Eric Namungalu LL.M.'18, are featured in a special disability studies issue (volume 23 issue 4) of Białostockie Studia Prawnicze (Bialystok Legal Studies). The peer-reviewed journal is published by the faculty of law of the University of Bialystok, Poland, an international partner of the College of Law.

Schwartz's article is a narrative. In "Providing Effective Communication Access for Deaf People: An Insider’s Perspective", Schwartz outlines decades of discrimination based on his deafness by providing his insider’s perspective as a member of the Deaf community who experienced the lack of effective communication access in various settings. 

True-Frost's article—"American Law, Global Norms: The Challenge of Enforcing Children with Disabilities’ Right to a Free and Appropriate Education"—analyzes the legal interpretation of the US Supreme Court of what constitutes a “free and appropriate public education” for children with disabilities.

In "Dealing With Legal Capacity and Its Related Challenges in Uganda" Namungalu writes about the concept of legal capacity as advanced in the UN Convention on the Rights of Persons with Disabilities (CRPD) within the context of Uganda as a State party.

No Evidence of Collusion? William C. Banks Discusses Senator Burr's Comments with Bloomberg Law

William C. Banks

Senate Intel Leaders Split Over Russia Collusion 

(Bloomberg Law | Feb. 13, 2019) Syracuse University Law School Professor William Banks discusses comments made by Richard Burr, the Republican Chairman of the Senate Intelligence committee that the investigation had found no evidence of collusion, Senator Mark Warner, the top democrat on the committee disagreed saying the investigation is still ongoing and the committee still had to interview key witnesses. He speaks with Bloomberg’s June Grasso.

Listen to the segment.

Distinguished Guest Lecturer Adriana Mark L’03, Deputy Circuit Librarian for the Second Circuit, Hosts NYCEx Students

NYCEx students at the Thurgood Marshall United States Courthouse library

Distinguished Guest Lecturer Adriana Mark L’03, Deputy Circuit Librarian for the Second Circuit, hosted NYCEx students as they learned about the historic Thurgood Marshall United States Courthouse, and attended oral arguments presided over by Judge Rosemary Pooler, Circuit Judge of the US Court of Appeals for the Second Circuit. Pooler, whose home chambers are in Syracuse, welcomed the students on the record, ending with “Go ‘Cuse!”

After arguments, Mark gave the students a tour of the courthouse followed by a lecture on legal research issues and Mark’s path to becoming a law librarian. The lecture took place in the Second Circuit’s new Learning Center which was created to improve and inspire civics education for the citizens of the Second Circuit. The students finished their day with a private tour of the beautiful Second Circuit library learning more about the historic collection and possible summer experiences with the circuit’s law library team. 

Has AMI Broken Any Laws? Roy Gutterman Speaks to Variety

Roy Gutterman

Jeff Bezos vs. National Enquirer: Did AMI Break Any Laws?

(Variety | Feb. 8, 2019) The richest person in the world, Jeff Bezos, publicly leveled accusations that the National Enquirer and its parent company engaged in a scheme to blackmail and extort him with a threat of publishing compromising photos.

What happens next? A key question is whether American Media, the National Enquirer’s publisher, broke any laws over the course of reporting on Bezos’ affair and corresponding with the Amazon CEO and his representatives, legal experts say. Federal prosecutors are said to be probing whether Bezos’ extortion claim voided a non-prosecution agreement that AMI reached with the U.S. Attorney’s Office in the Southern District of New York last year.

But regardless of AMI’s legal culpability, the company’s reputation has been further tarnished — and Bezos has emerged as a hero of sorts to many, in that he stood up to a media outlet that at the very least used unethical, strong-arm tactics to try to achieve its objectives, according to industry observers ...

The tone of the emails in the Bezos post certainly appears heavy-handed and has a menacing tone, said Roy S. Gutterman, associate professor at Syracuse University’s S.I. Newhouse School of Public Communications and director of the Tully Center for Free Speech. “But until there is a criminal charge or a revocation of [AMI’s] agreement [with federal prosecutors], it’s still just that — menacing and threatening,” he said.

That said, Gutterman added, “the tone and what AMI is attempting to negotiate seems pretty far outside the scope of journalistic norms… The emails did not read like typical reporter-source communications where the reporter is trying to convince a source to talk or turn over material for a story" ...

Read the full story.

College of Law Celebrates Diversity Law Day 2019

Diversity Law Day 2019

The College of Law celebrated Diversity Law Day 2019 on Feb. 8, 2019, welcoming students from Utica Proctor, Elmcrest, Henninger, Nottingham, Fowler, and Geneva high schools to Dineen Hall. Faculty, attorney, and student panels discussed the importance of diversity, inclusion, and representation in the legal profession, and students asked questions about how to get into law and how to apply to law school. Over a working lunch, law students led the high school students through actual legal cases with some relevance to their lives, including a Fourth Amendment case involving the search of a student's locker and personal belongings.

William C. Banks Authors OpEd on Southern Border Crisis for Newsday

William C. Banks

Opinion: Declaration would defy Congress and abuse power

By William C. Banks

(Newsday | Feb. 10, 2019) President Donald Trump has described the congressional negotiations over his request for $5.7 billion to fund a Southern border wall as a “waste of time.”

He has repeatedly insisted that he can and will build the wall after declaring a national emergency at the border. If the president proceeds, he will undermine the role of Congress in our constitutional system and make a mockery of the uses of this extraordinary emergency power as exercised by modern presidents.

Rhetoric and politics aside, consider a dispassionate assessment of what the law permits. In the end, Congress may already have given Trump the authority he needs to build his wall.

The president exercises whatever powers he has from the Constitution or an act of Congress. The Constitution does not confer any general emergency powers, and only permits suspending the writ of habeas corpus “when in Cases of Rebellion or Invasion the public Safety may require it.” When it comes to appropriating public funds, the Constitution anchors the power in Congress. The Congress appropriates funds, and the president spends them.

Historically, Congress provided generous statutory authorities that allow the president to act and spend in circumstances that rise to the level of national emergency. By 1973, there were more than 470 such laws, most of them vestiges of bygone crises. In a stroke of Watergate-era good government, Congress enacted the National Emergencies Act in 1976 to repeal all emergency laws and create procedures for future presidents to act responsibly in a crisis. However, while enacted with the best of intentions to rein in misuse of presidential emergency powers, the law has, in a backhanded way, enabled considerable presidential initiatives. 

The National Emergencies Act requires presidents to specify the statutory authorities they intend to use after declaring a national emergency, make public notice of the emergency declaration and renew such authorities annually in writing to Congress. However, the law requires Congress to act (with a two-thirds majority to overcome a presidential veto) to terminate a declared emergency and allows declared emergencies to be renewed annually by the president.

Intended to stop the practice of endless states of emergency, the law gave them new life. Today, there are 28 national emergencies, renewed for decades by presidents, supported by 136 statutes the president can invoke after an emergency declaration. Congress has never attempted to terminate an emergency declared pursuant to the National Emergencies Act.

Nor are there criteria to guide or limit the president in deciding what constitutes a national emergency. Could Trump declare a national emergency at the Southern border? Yes, unquestionably. Could he then find the funds from among the 136 statutes to order construction of the wall? Yes, arguably ...

Read the full OpEd.

William C. Banks Speaks to TIME About the Southern Border Crisis

William C. Banks

The Migrants Who Were on TIME's Cover Will Attend the State of the Union

(TIME | Feb. 5, 2019) Lawmakers have long used their plus-one invitations to the annual State of the Union address to send political messages to the President, and this year is no different. Democratic Sens. Kamala Harris and Elizabeth Warren invited federal workers who saw their paychecks delayed as a result of the longest shutdown in government history. Sen. Kirsten Gillibrand asked a Navy Lieutenant Commander impacted by President Donald Trump’s transgender troop ban. And Sen. Amy Klobuchar will bring a mother whose son died as a result of not being able to afford insulin critical for treatment of his Type 1 diabetes, a tragedy the Minnesotan lawmaker blames on insurance regulations and skyrocketing prescription costs.

But no issue is closer to Trump’s political persona — or his future political prospects — than security at the southern border and Sen. Jeff Merkley’s choice of guests, Albertina and Yaquelin Contreras, a mother and daughter who were separated for nearly six weeks by U.S. authorities in 2018, is a full-throated indictment of the President’s tactics on that front.

“I’m bringing Albertina and [Yaquelin] as my guests to the State of the Union because we need to bear witness to the suffering that this cruel policy inflicted, and resolve to make sure that nothing like this ever happens in the United States of America again,” the Oregon Democrat said in a press release that was sharply critical of the Trump administration’s so-called zero tolerance policy. Formally announced last April, the policy has resulted in thousands of migrant children, including toddlers, being forcibly separated, sometimes indefinitely, from their parents at the southern border ...

... But government records indicate that those actually arriving at border posts and presenting themselves to Border Patrol agents overwhelmingly look like Albertina and Yaquelin. According to the U.S. government, a significant proportion of the migrants who have attempted to enter along the southern border in recent months are children and families fleeing violence, rape, and hunger in Central America. In Fiscal Year 2018, 159,590 migrants filed for asylum — a 274% increase over 2008’s figure. Meanwhile, however, officials at the border made nearly 70% fewer total border apprehensions in 2018 than they did in 2000.

“Most experts agree that there is no crisis at the southern border,” William Banks, an international security expert and law professor at Syracuse University, recently told me in an interview. “Indeed, the heads of our intelligence agencies released their Worldwide Threat Assessment [last] week and reviewed a significant set of risks and challenges confronting the national security. The southern border and migration were not on the list" ...

Read the full article

Cronkite News Discusses a "National Emergency" with William C. Banks

William C. Banks

Experts give 4 reasons why Trump can’t declare a national emergency to build a wall

(Cronkite News/Arizona PBS | Feb. 5, 2019) President Donald Trump has hinted there’s a “good chance” he will declare a national emergency at the southern border during his State of the Union address Tuesday in order to build a wall.

Experts, however, believe there are obstacles to using a national emergency to build a wall, which Trump has promised since he entered the race for the presidency in 2015.

Cronkite News reached out to Liza Goitein, a co-director of the Liberty and National Security Program at the Brennan Center for Justice in Washington, D.C., and William Banks, a professor emeritus of law and the founding director of the Institute for National Security and Counterterrorism at Syracuse University. Both also appeared at a Jan. 16 panel discussion hosted by the Brennan Center about presidential emergency powers ...

No. 3: Troops can only construct something for military purposes

Trump also has deployed active-duty troops to the border twice since late October, and part of their duties has been to fortify existing barriers. However, Banks said there are too many limitations for him to simply order a wall built by the military without congressional approval or appropriated funds.

“Military-construction authorities allow him to reallocate some authorized funds … but only for a military purpose,” Banks said. The president can only use Pentagon funds and can’t divert money from other U.S. appropriations, he said.

If the president were to unlock these military dollars by declaring a national emergency, Banks said “it might work.” He described how the Army Corp of Engineers would be the agency designing and building the wall, but the president has to persuade the courts in any legal challenge that the construction is for a military installation, which Banks called “a bit of a reach.”

“(The border) is a civilian operation,” Banks said. “We don’t mix law enforcement and the military here in the U.S.”

Senate Democrats introduced legislation Monday to block the president from using those same military funds “for the construction of barriers, land acquisition, or any other associated activities on the southern border without specific statutory authorization from Congress" ...

Read the full article.

Keith Bybee Helps TIME Fact-Check the State of the Union Speech

Keith Bybee

Here Are the Facts Behind President Trump's Biggest State of the Union Claims

(TIME | Feb. 6, 2019) President Donald Trump had a lot of ground to cover in his rescheduled State of the Union address Tuesday night.

The longest government shutdown in history just ended at an impasse, new trade talks with China just wrapped up, a summit with North Korean leader Kim Jong Un is in the works and the United States is pulling out of its nuclear arms treaty with Russia. Trump also boasted of the unemployment rate, which is near its lowest point in about 50 years  ...

Claim: Trump has stacked the courts with conservative judges

Trump has appointed 85 judges to federal courts that have been confirmed by the Senate in the President’s first two years, according to Russell Wheeler, a visiting fellow at the Brookings Institution and expert of the judicial system. In addition to nominating two conservative judges to fill the seats left vacant by the death of former Supreme Court Justice Antonin Scalia and the retirement of former Justice Anthony Kennedy, Trump has also outpaced his recent predecessors in filling vacancies on circuit courts, the second-highest rung in the U.S. judicial system.

The makeup of federal courts proves very influential in U.S. politics, especially when a President known for abrupt decisions is at the nation’s helm. In recent months, courts have ordered injunctions against the Trump Administration’s family separation policy, its decision to add a question about citizenship to the 2020 Census and its plan to immediately end former President Barack Obama’s Deferred Action for Childhood Arrivals program.

But Trump pegged his presidential campaign on the promise that he’d deliver conservative judges, and on that front, he’s been largely successful, says Syracuse University political science and law professor Keith Bybee.

“This is an area where he has actually been successful as he advertises. When he came into office, there was an unusually large number of vacancies on the federal bench,” he said. “It was largely because in 2015, when Republicans gained control of the Senate, they really slowed the pace of confirming judicial nominations. So when Trump came into office, there was a large backlog of vacancies.”

Bybee also says the gains can partially be attributed to new rules that currently favor a Republican Senate majority. Any federal judicial nominee, including for the Supreme Court, can be confirmed by a simple majority instead of the previously required 60 votes. “A large number of vacancies, plus an expedited confirmation process has led to a large number of the Administration’s appointees being confirmed by the Senate,” he says. Further, not all of Trump’s judicial nominations are replacing liberal judges. “You sometimes get a one-for-one swap,” says Bybee, citing conservative Justice Neil Gorsuch’s replacement of conservative Scalia ...

Read the full article.

Faculty Colloquia Spring Lineup Announced

The Faculty Colloquia bring College of Law faculty together to present current research, share ideas, and challenge how we think about the law and legal practice. Five speakers are slated for the spring semester, including College of Law faculty and legal scholars across the country.

Featured faculty include:

  • Roy Gutterman, Director, Tully Center for Free Speech and Associate Professor of Magazine, Newspaper and Digital Journalism, Syracuse University, Newhouse 
  • Yüksel Sezgin, Director of the Middle Eastern Studies Program and Associate Professor of Political Science, Syracuse University, The Maxwell School
  • Nina Kohn, Associate Dean of Online Education and David M. Levy L'48 Professor of Law, Syracuse University College of Law
  • Elizabeth Emens, Isidor and Seville Sulzbacher Professor of Law, Columbia Law School
  • Aziz Huq, Frank and Bernice J. Greenberg Professor of Law and Mark Claster Mamolen Teaching Scholar, University of Chicago Law School

Robert Ashford Presents on Inclusive Capitalism in the UK

Robert Ashford

Professor Robert Ashford will presents his theories on inclusive capitalism, binary economics, and socioeconomics at two forums in the United Kingdom in February 2019.

First, on Feb. 7, 2019, Ashford will join Ralph P. Hall of Virginia Tech at Syracuse University Faraday House in London to give the presentation “Inclusive Capitalism: The Ownership-Broadening Road to Shared-Prosperity and Sustainable Growth”. Ashford and Hall will explain how the same market mechanisms that assist mostly wealthier people to acquire capital with the earnings of capital can be opened profitably, without redistribution, to assist poorer people to acquire capital with the earnings of capital.  

Ashford then travels to Oxford University on Feb. 8, 2019 to deliver "Achieving Fuller Employment by Broadening Capital Acquisition with the Earnings of Capital: A Theoretical Overview” at the Conference on Endogenous Growth, Participatory Economics, and Inclusive Capitalism.

At the Oxford conference, Ashford's theories on inclusive capitalism and binary economics will be analyzed by other conference participants. Paul Davidson, Founding Editor of the Journal of Post Keynesian Economics, will deliver the lecture "Robert Ashford’s Approach to Inclusive Capitalism as the Best Available Proposal for Addressing the Problems that Result from Automation," while Professor Demetri Kantarelis of Assumption College (Massachusetts) will present “Robert Ashford’s Inclusive Capitalism and the Theory of the Firm."

DCEx Students Learn International Legal Perspectives from Distinguished Guest Lecturer Lana Yaghi L’14

Lana Yaghi

On Jan. 29, 2019, students in the Spring 2019 DCEx externship program visited College of Law alumna Lana Yaghi L’14 at K&L Gates. Yaghi is an attorney in the firm’s DC and Doha, Qatar, offices where her practice focuses on corporate and commercial matters within the industries of aviation, cybersecurity, defense, and telecommunications. She was also a participant in the DCEx's first ever cohort of students in Spring of 2014.

Yaghi and Partner Pawel Chudzicki discussed how the two attorneys work together to form contracts creating corporations for American clients looking to venture within Qatar, as well as Qatari companies seeking to form stateside. They also discussed their primary work: representing high net worth individuals and governments who desire to purchase a large jet, mostly for personal use. A central theme within the conversation was the value of being an attorney that is open to change while working within two countries who have different governments, different cultures, and an ever-changing political climate.  

At the conclusion of the seminar, Chudzicki and Yaghi explained the firm’s vast array of practice areas, including investigations of white collar crimes and tax law. “Students left the meeting with meaningful advice in how to navigate their legal careers within a profession that requires a sharp understanding of client interests and problems, and creating solutions to solve client problems,” says Terry Turnipseed, Faculty Director of Externship Programs.

Young Joins Barclay Damon

Forrest Young

Forrest Young joined Barclay Damon as an Associate in the firm's Environmental Project Development and Regulatory practice areas.

Powers Joins McKenzie Hughes

Christopher Powers joined McKenzie Hughes' Litigation and Business departments, where he concentrates in health care litigation, real and intellectual property, and commercial litigation.

Spencer Joins Goldberg Segalla

Sarah Spencer

Sarah Spencer was named an Associate of Goldberg Segalla and will practice in the firm's General Liability group.

Lee Joins Bell Nunnally

Jennice Lee

Sang Eun "Jennice" Lee joined Bell Nunnally in Dallas, TX, as an Associate and member of its intellectual property group.

Oswald Promoted to Partner

Phillip Oswald

Phillip Oswald was promoted to Partner at Rupp Baase Pfaltzgraf Cunningham, where he manages the firm's satellite office in Saratoga Springs, NY, and specializes in environmental law, property law, and business law and litigation.

MacLeod Named in Super Lawyers

Kevin MacLeod

Kevin MacLeod was selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of state, local, and municipal law.

Lattuca Joins Ward Greenberg Heller & Reidy

Christopher Lattuca

Christopher Lattuca joined Ward Greenberg Heller & Reidy as an Associate.

Payne Leads Cannabis Team

Sara Payne

Sara Payne, Counsel at Barclay Damon, was selected to lead the firm's new Cannabis Team, a multidisciplinary team representing individuals and organizations participating in or impacted by legal cannabis operations.

Reed Named in Super Lawyers

Katie Reed

Katie Reed, Associate at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars.

Kabunduh Joins Bousquet Holstein

Irene Kabunduh

Irene Kabunduh joined Bousquet Holstein as an Associate, where she focuses her practice in trusts and estates, business, transactions, and litigation.

Hunsicker Named in Super Lawyers

Jamie Hunsicker

Jamie Hunsicker, Associate at Hancock Estabrook, was selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars.

Barone Joins Barclay Damon

Kevin Barone

Kevin Barone joined Barclay Damon as an Associate in the Real Estate and Financial Institutions and Lending practice areas.

Yue Zhang Joins Bousquet Holstein

Jane Yue Zhange

Jane Yue Zhange joined Bousquet Holstein as an Associate in the Real Estate, Business Transactions, and Immigration practice areas.

Parker Joins Greenberg Taurig

Lawson Parker

Lawson Parker joined Greenberg Taurig as a Shareholder.

Leonard Named Member

Jay Leonard

Jay Leonard was named a Member at Sherman & Howard, where he focuses on litigation.

Carrigan Promoted to Partner

Barry Carrigan

Barry Carrigan was promoted to Partner in the Project and Public Finance groups at Nixon Peabody, where he focuses his practice on project finance, infrastructure finance, and public finance.

Law Faculty Use CUSE Grant to Promote Civics Education

Last May, the University awarded Director of Externships Kim Wolf Price and Associate Dean for Faculty Research and Associate Professor Lauryn Gouldin a Syracuse University Collaboration for Unprecedented Success and Excellence (CUSE) grant to develop the Syracuse Civics Initiative which aims to create a collaborative space for innovative investment in civics education for young people in and around Central New York.

Wolf Price and Gouldin are building and strengthening connections with courts, bar associations, school districts, and other organizations to develop and promote civics education programming. In December, Chief Judge Robert Katzmann invited them to join the Second Circuit’s project on civic engagement, Justice for All: Courts and the Community, as members of the Advisory Group of the Civic Education Committee. Justice for All seeks “to increase public understanding of the role and operations of the courts and bring courts closer to the community,” and as members of the Advisory Group, Wolf Price and Gouldin will work closely with judges in the Northern District of New York to develop programming for the bar, for students, and for the broader community.

This new connection with the Second Circuit is already creating unique opportunities for College of Law students. On February 7, Wolf Price and NYCEx students will spend the day at the Second Circuit, observing oral arguments, and touring the new Justice for All Learning Center in the company of Adriana Mark L'03, the court's Deputy Circuit Librarian. 

Yuen Named in Women Leaders in Tech Law

Delphina Yuen was recognized in the Recorder's 2018 Women Leaders in Tech Law.

Nordman Promoted to Income Principal

Kristin Nordman

Kristin Nordman was promoted to Income Principal at Much Shelist.

Moreland Promoted to Partner

Jeffrey Moreland

Jeffrey Moreland was promoted to Partner in the Corporate Department of Sullivan & Worcester's Boston, MA, office, where he advises public and private clients on securities law compliance, financing transactions, and private equity investments.

Kirkham Listed in Best Lawyers Under 40

Ryan Kirkham

Ryan Kirkham, Associate at Orsinger, Nelson, Downing & Anderson, was listed in D Magazine's annual Best Lawyers Under 40.

Costello Promoted to Partner

Sean Costello

Sean Costello was promoted to Partner at Rupp Baase Pfalzgraf Cunningham, where he practices municipal law and business law and litigation.

Campbell Named in Super Lawyers

Stephanie Campbell

Stephanie Campbell, Associate at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of general litigation.

Bettinger Named in Super Lawyers

Blane Bettinger

Blane Bettinger, Senior Counsel at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of intellectual property.

Zavaglia Named Partner

Cosmo Zavaglia

Cosmo Zavaglia was named Partner at Morgan Lewis at the firm's New York office, where he works in the Tax practice.

Wright Elected Member

James Wright

James Wright was elected as a Member of Bond, Schoeneck & King, and was named for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of general litigation.

Rosenthal Elected Partner

Jeffrey Rosenthal

Jeffrey Rosenthal was elected Partner of Blank Rome and was admitted to the Supreme Court of the United States during a special group admission ceremony.

Ritts Shafer Elected Member

Katherine Ritts Shafer

Katherine Ritts Shafer was elected as a Member of Bond, Schoeneck & King, and named for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of employment and labor.

The Hill Speaks to Jennifer Breen About the Shutdown's Effect on Court Cases

Jennifer Breen

(The Hill | Jan. 30, 2019) The government is fully reopened, but the effects of the partial shutdown will be felt for months in the federal judiciary as courts across the country play catch-up.

Without money to pay its attorneys during the 35-day funding lapse, the Department of Justice (DOJ) successfully convinced judges to put a number of cases on hold or push back filing deadlines.

Among those delayed were court briefings in a high-profile challenge to the Trump administration’s decision to deny migrants asylum if they cross the border illegally and litigation over the Affordable Care Act ... 

... A spokesperson from the Administrative Office of the U.S. Courts said the judiciary relied on court filing fees and funding from multiyear appropriations to pay its employees during the partial government shutdown. The spokesperson did not answer questions about how much was in the reserve fund for courts or how much was spent.

“It would have run out of those funds on Feb. 1 if the shutdown had continued,” the spokesperson said.

Chief Judge Michael Reagan of the U.S. District Court for the Southern District of Illinois told The Associated Press that if the shutdown had extended into February, the court might have had to place a moratorium on civil trials.

Chief Judge Mark Davis of the U.S. District Court for the Eastern District of Virginia said in a standing order last week that the court would suspend certain activities in the absence of funding.

Richard Banke, a division manager in the Virginia clerk’s office, said those activities would have included things like budgeting and procurement, human resources and some information technology functions. But he noted no operations were suspended.

“Civil litigation is already infamously slow and drawn out,” said Jennifer Stepp Breen, an administrative and constitutional law professor at Syracuse University. “This adds to that when government attorneys aren’t able to do their work.”

Read the full article.

Hubbard Promoted to Partner

Tyson Hubbard

Tyson Hubbard was promoted to Partner at Downey Brand LLP, where he is responsible for advising trustees, beneficiaries, siblings, surviving spouses, and others in conflicts concerning inheritance. He was also recognized as a 2018 Norther California Rising Star and named a Top Lawyer by Sacramento Magazine.

Morey Named Senior Partner

Matthew Morey

Matthew Morey was named Senior Partner at Lipsitz Green Scime Cambria, where he focuses his practice in the area of business and corporate law.

Langan Named in 40 Under Forty

Kerry Langan

Kerry Langan, Member at Bond, Schoeneck & King, was named to CNY Business Journal's  Named in 40 Under Forty for 2018. She was also selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of employment and labor.

Bobrek Named in Super Lawyers

Andrew Bobrek

Andrew Bobrek, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers Rising Stars in the field of employment and labor.

Wutz Named Rising Star

John Wutz

John Wutz, of the Hartwell Law Offices, was named as a 2018 Pennsylvania Rising Star.

Parry Murphy Awarded Best in Business

Linda Parry Murphy

Linda Parry Murphy, CEO of Product Launchers, was awarded a Best in Business award. Her company was chosen to receive the Silver Award in the Business Development Department of the Year category. She was also named Entrepreneur of the Year--Advertising, Marketing, and Public Relations, winning a Gold Stevie Award in the 16th annual American Business Awards.

Hon. Givens-Davis Founds Pipeline to Possibilities

Hon. Amber Givens-Davis

The Hon. Givens-Davis, a State District Judge in Dallas, founded the Pipeline to Possibilities organization with three colleagues. The organization is committed to education youth on various aspects of the justice system and to inspiring youth to become leaders.

Hon. Fickling Appointed to District Court

Hon. Faith Fickling

The Hon. Faith Fickling was appointed as District Court Judge for the Charlotte, NC, area.

Smith Appointed Syracuse Corporation Counsel

Kristen Smith

Kristen Smith was appointed as Syracuse Corporation Counsel.

Nicolas Named Partner

Emilio Nicolas

Emilio Nicolas was named Partner at Jackson Walker, where he practices entertainment, media, and intellectual property law.

King Named in Super Lawyers

Mary King

Mary King, Partner at Hancock Estabrook, was selected for inclusion in the 2018 Upstate New York Super Lawyers.

Price Named in Super Lawyers

Fred Price

Fred Price, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the field of intellectual property.

Panensky Joins FisherBroyles

Stuart Panensky

Stuart Panensky joined FisherBroyles as Partner of its Privacy and Data Security practice group.

Fisher Named Partner

Alex Fisher

Alex Fisher was named Partner of Gartner + Bloom, where he is a litigator concentrating on the defense of complex construction defect, construction accident, and personal injury claims.

Sidbury Named Managing Partner

Benjamin Sidbury

Benjamin Sidbury was named Managing Partner for the Charlotte, NC, office of Bryan Cave, where he focuses his practice on intellectual property litigation.

Nocilly Named in Super Lawyers

David Nocilly

David Nocilly, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the field of intellectual property.

Saporito Joins ShuffieldLowman

Michelle Saporito

Michelle Saporito joined ShuffieldLowman as an Associate.

Klein Named in Super Lawyers

Stuart Klein

Stuart Klein, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the category of business litigation.

Burns Named in Super Lawyers and Best Lawyers

Christopher Burns

Christopher Burns, Shareholder at Henson Efron, was selected for inclusion in the 2018 Minnesota Super Lawyers and the 2019 Best Lawyers in America in the category of trusts and estates and litigation-trusts and estates.

Bass Joins Cullen and Dykman

Maureen Bass joine Cullen and Dykman as a Partner in the firm's Bankruptcy and Creditor's Rights group.

Harshbarger Named in Super Lawyers and Best Lawyers

Laura Harshbarger

Laura Harshbarger, Member at Bond, Schoeneck & King, was selected for inclusion in the 2019 Upstate New York Super Lawyers in the field of employment and labor law, and Best Lawyers in America in the categories of education law; employment law-management; labor law-management; and litigation-labor and employment. She was also named Lawyer of the Year for labor law-management.

Geraghty Named COO of jetBlue

Joanna Geraghty

Joanna Geraghty was named President and Chief Operating Officer of jetBlue.

Powers Named in Super Lawyers

John Powers

John Powers, Partner at Hancock Estabrook, was selected for inclusion in the 2018 Upstate New York Super Lawyers.

Nagarajan Promoted to Executive Director

Kamesh Nagarajan

Kamesh Nagarajan, Financial Advisor and Partner of the Vector Group at Morgan Stanley, was promoted to Executive Director and granted entry to the firm's prestigious President's Club.

McGuire Named in Super Lawyers and Best Lawyers

George McGuire

George McGuire, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the field of intellectual property, and the 2019 Best Lawyers in America in the categories of litigation-intellectual property; litigation-patent; and patent law.

Markel Named in Super Lawyers

Jason Markel

Jason Markel, Partner at Hodgson Russ, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the category of business litigation.

Laudadio Named in Super Lawyers and Best Lawyers

Brian Laudadio

Brian Laudadio, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the category of business litigation, and the 2019 Best Lawyers in America in the categories of commercial litigation; litigation-labor and employment; and litigation-municipal.

Dixon Named in Super Lawyers and Best Lawyers

Cressida Dixon

Cressida Dixon, Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the category of estate and probate, and the 2019 Best Lawyers in America in the category of trusts and estates.

Butler Named in Best Lawyers and Super Lawyers

Brian Butler

Brian Butler, Member at Bond, Schoeneck & King, was selected for inclusion in the in the 2018 Upstate New York Super Lawyers in the business litigation practice area, and the 2019 Best Lawyers in America in the category of commercial litigation.

Maco Elected Vice Chair

Rhonda Maco

Rhonda Maco, of the Law Offices of Rhonda L. Maco, was elected Vice Chair of the Board of Trustees of MercyFirst in Syosset, NY.

Green Publishes Two Books

Timothy Green

Timothy Green, Of Counsel at Barclay Damon, published his 37th and 38th books: Double Play, with former baseball star Derek Jeter, and The Big Game.

Fletcher Named Among Women Worth Watching

Christine Fletcher

Christine Fletcher, Partner at Burns & Levinson, was selected for inclusion in the 2018 "Women Worth Watching" by Profiles in Diversity Journal.

Halfenger Joins Optima Partners

Alan Halfenger

Alan Halfenger joined Optima Partners as a Partner, focusing on the regulatory and compliance needs of private equity managers, hedge funds, broker-dealers, and global financial services firms.

Corcoran Named in Best Lawyers and Super Lawyers

John Cocoran

John Corcoran, Partner at Hancock Estabrook, was selected for inclusion in the 2018 Best Lawyers in America and Upstate New York Super Lawyers.

McDonald Named Managing Partner

John McDonald

John McDonald was named Managing Partner for the Charlotte, NC, office of McGuireWoods.