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Professor LaVonda Reed Featured in Veterans Week "Stories of Service"

LaVonda Reed

For Syracuse University Associate Provost for Faculty Affairs and Professor of Law LaVonda Reed, service runs deep. The lawyer and academic was born in Quantico, Virginia, after her father, the late U.S. Marine Corps Col. Henry Leon Reed, returned from his first deployment to Vietnam. 

“My father was the oldest of eight children—five boys and three girls,” says Reed. “All five boys served in the military, and all three girls married military service members. My paternal grandfather and a paternal great-grandfather and also two maternal great uncles were military veterans as well. One of those uncles, who will celebrate his 102nd birthday this month, was a World War II veteran and retired from the U.S. Navy.” Reed’s father, Henry, met her mother, Brenda, at Hampton Institute (now Hampton University) while in line registering for freshman classes and paying fees. He was from Beaufort, South Carolina; she was from Mathews, Virginia. 

They began dating and were married just after graduation. Reed deployed as an infantry officer shortly thereafter. At the time of his commissioning, he was among the first black commissioned officers in the Marine Corps ...

Read the full article

Can the President Be Banned from Twitter? WHBC Interviews Professor Roy Gutterman

Roy Gutterman

Can the President Be Banned from Twitter?

(WHBC Canton, OH) Jack Dorsey announced he will ban political ads on his Twitter platform because he said “A political message earns reach when people decide to follow an account or retweet. Paying for reach removes that decision, forcing highly optimized and targeted political messages on people,” the tech mogul wrote on Twitter. “We believe this decision should not be compromised by money.”  

The decision is based on growing concern that tech platforms could spread misinformation or depress voter turnout. Though Twitter only gets about $3 million in revenue for ads, they say the move had nothing to do with money, but rather principles.  

But is this move constitutional? Is it even operating from a place of fairness, to candidates and the President? 

Director of the Syracuse University Newhouse School’s Tully Center for Free Speech and an expert on communications law and the First Amendment,  Roy Gutterman,  spoke to WHBC’s Gary Rivers about the possibility ...

Listen to the interview.

Newly Re-Named Syracuse University Institute for Security Policy and Law Expands Mission Toward Emerging Technologies, Intelligence Community

Syracuse University Institute for Security Policy and Law

Syracuse University Institute for Security Policy and Law (SPL) is the new name for the Institute for National Security and Counterterrorism (INSCT), a collaboration between the Syracuse University College of Law and the Maxwell School of Citizenship and Public Affairs. 

Founded by Professor of Law Emeritus William C. Banks in 2003, the Institute has its roots in the global response to terrorism in the wake of the Sept. 11, 2001, attacks. It has since expanded to work across the Syracuse University campus and beyond on a wide spectrum of national and international security topics, including homeland security, the law of armed conflict, violent extremism, postconflict reconstruction, disaster response, the rule of law, veterans’ affairs, critical infrastructure, cybersecurity, and emerging technologies.

The Institute’s new name and identity reflect this growth in topics and activities, and it acknowledges the Institute’s longstanding flexibility in addressing evolving security challenges—both within the United States and around the world—through interdisciplinary research, teaching, public service, and policy analysis. 

The Syracuse University Institute for Security Policy and Law is led by the Hon. James E. Baker, former Chief Judge of the US Court of Appeals for the Armed Forces, and former Legal Adviser to the National Security Council. The Institute’s Deputy Director is Vice Admiral Robert B. Murrett (Ret.), former Director of the US National Geospatial-Intelligence Agency and former Director of Naval Intelligence. 

“Our new identity recognizes the essential interdisciplinary nature of contemporary security challenges,” says Judge Baker. “As the Syracuse University Institute for Security Policy and Law, we continue our mission to conduct leading-edge policy and law research and analysis across disciplines and to educate and inspire the next generation of security thought-leaders and practitioners.”

"A prime mover in national security policy and law for more than 16 years, the re-positioned Syracuse University Institute for Security Policy and Law is poised for the future," says Dean Craig M. Boise, College of Law. "I am particularly excited about the Institute's expansion into emerging technologies, the private practice of security, and diversity in the intelligence community. These changes are transforming the workplaces our students are entering. By staying abreast of these trends, the Institute is and will remain a premier training ground for future practitioners across all security sectors."

"This new identity change reflects the expansive ways in which policy, law, and governance intersect a broad array of issue areas that shape not just US national security but human security around the world," says Dean David M. Van Slyke, Maxwell School. "As a top-ranked research institution, Syracuse University provides boundless opportunities for us to explore these intersections across campus."

SPL’s growing subject-matter expertise and diversity is evident in the range of sectors that the Institute’s certificate program graduates work across, in the national and international security community, for US and foreign governments, international humanitarian organizations, the intelligence community, public health agencies, the private sector, think tanks, and NGOs. Alumni serve in all five branches of the US military.

SPL offers three interdisciplinary certificates of advanced study, in Security Studies, National Security and Counterterrorism Law, and Postconflict Reconstruction. It has graduated more than 700 students from its academic programs since 2003. 

Adding to its emerging research and practice areas of expertise, the Institute recently played a key leadership role in generating external funding for two major collaborative research initiatives.

The first award is a research and production partnership with the Georgetown University-based Center for Security and Emerging Technology (CSET). As part of the $500,000 agreement, SPL will assist CSET in investigating the legal, policy, and security impacts of emerging technology; supporting academic work in security and technology studies; and delivering nonpartisan analysis to the law and policy community. Judge Baker is the grant’s Primary Investigator.

In the second, federal award, Syracuse University was named as a US Intelligence Community Center for Academic Excellence (ICCAE) with total support for the new program up to $1.5 million over five years. Known as the Partnership for Educational Results/Syracuse University Adaptive, Diverse, and Ethical Intelligence Community Professionals (PER/SUADE), Syracuse University is leading a consortium of universities and colleges to recruit and educate talented, diverse students interested in public service careers in the intelligence and national security fields.

The grant’s goal is to help diversify the US government’s intelligence and national security pipelines. The program is open to all Syracuse University students—graduate and undergraduate—from all schools and colleges, as well as partner schools (Wells College, the Grove School of Engineering at the City College of New York, John Jay College of Criminal Justice, and Norfolk State University). PER/SUDAE’s Primary Investigator is Vice Admiral Murrett and Judge Baker is the Co-Primary Investigator. Multiple University faculty are helping to design the program as co-investigators, including the SPL Director of Research Corri Zoli and faculty from the College of Law, Maxwell School, College of Arts and Sciences, Institute for Veterans and Military Families, College of Engineering and Computer Science, University College, and elsewhere.

College of Law Team Advances to the national round of the ABA Negotiation Competition

Allison Kowalczyk and Jacqueline Chilbert

The team of 2Ls Jacqueline Chilbert and Allison Kowalczyk finished as regional co-champions and have advanced to the national round of the ABA Negotiation Competition. The College of Law hosted the regional round in Dineen Hall. More than 20 teams from the region competed.

In addition, the team of 3Ls Esther Gabriel and Jill Tompkins finished in third. A third team of 3L Josh Steele and 2L Annette Scott competed as a “ghost team” [unable to advance] to give the competition an even number of teams. Adjunct Professor Daniel Cantone L’ 81 coached all teams.

Chilbert and Kowalczyk will compete in the national round in Chicago in the spring.

The College of Law would like to thank all the Advocacy Honor Society students, faculty members, alumni, and the local legal community for their hard work to make the regional round a success.

Professor Nina Kohn Appointed as Adviser by American Law Institute

Professor Nina Kohn

Professor Nina Kohn, Associate Dean for Online Education, has accepted an invitation from the American Law Institute (ALI) to serve as an Adviser on the American Law Institute’s Restatement of the Law Third, Torts: Concluding Provisions project.

The Advisers to the project are a group of experts who work with the Reporters to review drafts and lend advice.  Advisers are selected from among members of the ALI.

This project focuses on, among other things, medical liability, vicarious liability, statutes of limitation, and wrongful death and survival actions.  

“This project will play an important role in clarifying some of the most dynamic areas of tort law,” says Kohn. “Serving as an Advisor will allow me to support the project, while also informing my own scholarship and teaching.  I look forward to working with a distinguished group of tort experts and bringing the resulting experience and ideas back to Dineen Hall.”

College of Law to Hold VALOR Day for CNY Veterans, Service Members, and Families

Valor Day 2018

The College of Law will hold its biannual Veterans’ Advocacy, Law and Outreach (VALOR) Day event on Saturday, Nov. 9 from 9 a.m. to 2 p.m. in the Center of Progress Building at the New York State Fairgrounds.

Local attorneys and law student volunteers will provide free legal advice and counseling to local veterans, active duty service members and their immediate families. Conceived by College of Law students, VALOR Day is one of the many ways Syracuse law students give back to the community and those who serve our country.

Law students at VALOR Day 2018Services provided by volunteer attorneys during VALOR Day include legal counseling in matters such as veterans’ law (including VA benefits applications and appeals and disability upgrade applications), family law, estate and planning issues, and other related areas.

VALOR Day is coordinated by Veterans Issues, Support Initiative and Outreach Network (VISION), 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 the services they need the most.

Appointments made in advance are strongly suggested, but not required. For more information or to arrange an appointment, contact VISION@law.syr.edu, or call 315.313.4364.

Valor Day 2018
Valor Day 2018

Impeachment & Public Opinion: Professor William C. Banks Speaks to China Daily

William C. Banks

Public opinion could be telling as impeachment proceedings unfold

(China Daily | Nov. 2, 2019) The impeachment proceedings against US President Donald Trump could shape and sway public opinion and impact the 2020 presidential campaign, analysts said.

The House of Representatives, in a 232-196, mostly party-line vote on Thursday, approved rules for the next, more public, stage in the Democratic-led impeachment inquiry into Trump's attempt to have Ukraine investigate former vice-president Joe Biden and his son Hunter.

Over the past five weeks, the probe has primarily been shaped by closed-door testimony from several officials who have raised questions about whether Trump and his inner circle withheld nearly $400 million in security aid for Ukraine in order to pressure Kiev to investigate Trump's political rivals, thehill.com reported.

The probe focuses on a July 25 telephone call in which Trump asked his Ukrainian counterpart, Volodymr Zelenskiy, to investigate Joe Biden, a 2020 candidate for the Democratic presidential nomination, and his son Hunter, who had served as a director for Ukrainian energy company Burisma Holdings ...

... William C. Banks, co-author of National Security Law and the Power of the Purse, a 1994 book about tensions between the executive and legislative branches over security and spending, said that to win a second term, Trump would need the impeachment effort to fail and backfire, showing the Democrats as interested only in partisan victory and not the rule of law.

"If the public impeachment process builds the Ukraine abuse of office case clearly, so that average Americans can see what the president did, it should lead to impeachment and a trial in the Senate," said Banks, a Syracuse University College of Law professor.

"From there on, everything depends on events that have yet to occur," he said ...

Read the full article.

Can the White House Ignore Subpoenas? Professor David Driesen Quoted in AP Story

David Driesen

Experts: White House has dubious reasons to ignore subpoenas

(AP | Nov. 4, 2019) The impeachment process is fundamentally unfair. Congress lacks authority to investigate the president. Witnesses should have executive branch lawyers.

White House attorneys are throwing out an array of arguments for keeping its officials from cooperating with the congressional impeachment inquiry. But legal experts say they are making a weak case.

Some even say the refusal to cooperate with the probe run by House Democrats could amount to obstruction that might itself become an article of impeachment against President Donald Trump ...

... Even if Trump were to overtly claim executive privilege, some experts say there’s no constitutional provision that it would apply to impeachment.

“No communication involving the White House is subject to absolute immunity,” said David Driesen, a Syracuse University law professor who has studied the issue. “No person is immunized from appearing by any claim of privilege known to the law.”

This latest resistance to House subpoenas and testimony fits into the broader White House claim that the entire process is fundamentally unfair. Trump’s lawyers have also made immunity claims in seeking to keep his tax records secret, but a New York court ruled Monday they can be released in a case likely to be settled by the U.S. Supreme Court.

In a recent letter to Democratic leaders, presidential counsel Pat Cipollone said Trump should have the kinds of due process rights typically found in court trials: the right to question witnesses, the right to see evidence, the right to cross-examine witnesses, and so forth. That position has been echoed by numerous Republican lawmakers.

“The president cannot allow your constitutionally illegitimate proceedings to distract him and those in the executive branch from their work on behalf of the American people,” Cipollone wrote. “The president has a country to lead.”

However, legal experts note that the Constitution and even prior impeachment proceedings do not lay out a roadmap for those kinds of rights in the initial House inquiry. Instead, that would come in a trial before the Senate, if it gets that far.

“The Constitution says virtually nothing about the procedures the House and Senate are to employ in carrying out their respective impeachment roles,” wrote Georgia State University law professor Neil Kinkopf in recent article. “Indeed, the Constitution is completely silent regarding the procedures in the House.”

Driesen said all of the efforts by the White House to slow down or halt the impeachment inquiry are just that — none have a basis in the law.

“Trump defies the Constitution and tries to distract from that fact by making baseless attacks. This is a good example,” Driesen said ...

Read the full story.

3L Andrew Weekes and 2L Kenneth D. Knight Win the 8th Annual Bond, Schoeneck & King Alternative Dispute Resolution Competition

Kenneth D. Knight and Andrew Weekes

The team of 3L Andrew Weekes and 2L Kenneth D. Knight prevailed over 3Ls Ju-Juanna Perkins and Sara Pielsticker in the final round of the 8th Annual Bond, Schoeneck & King Alternative Dispute Resolution Competition. Perkins was named the Best Advocate for the final round.

The final round judges were: the Hon. Therese Wiley Dancks L’91, US Magistrate Judge for the Northern District of New York; Brian Butler L’96, Member, Bond, Schoeneck & King PLLC, and the managing member of the firm’s Syracuse office and chair of the firm’s litigation department; and James L. Sonneborn, member and head of the litigation department at Bousquet Holstein PLLC.

During a week of competition, 16 teams of two participated in the preliminary rounds, with a group of more than 20 professors, alumni, and local attorneys serving as volunteer judges. 

Commentary: The Burden of a Militarized US Foreign Policy

Corri Zoli

By Professor Corri Zoli

(Re-published from Medium.com | Oct, 30, 2019) What role should American troops play — some would say, standing in the crossfire — between distant governments and groups engaged in protracted armed conflicts, whose grievances long predate 9/11? What US obligations are owed to parties of these conflicts, even partners, particularly if their issues — which they believe are worth fighting and dying for — have little to do with US national strategic priorities? How many of the long-term conflicts in the Middle East and North Africa (MENA) region, which the US is often expected to manage, are defined by the same, solvable problems — ethnic strife, capitulation on human rights, bad actors using political violence rather than building pluralistic consensus — which could be solved if local governments would simply govern their own diverse constituencies with care and accountability? In the Mideast in particular, these “conflict drivers” create economic-conflict traps and erode region-wide stability. Should the US then pick up the pieces?

Unfortunately, there are far too many wars to which these questions apply — in Afghanistan, Iraq, Yemen (between Saudi Arabia, the Houthis, and Iran), Pakistan and India, in fractured Syria, lawless Libya, Sudan, and South Sudan, even the longstanding Israel-Palestinian conflict. If we broaden the lens to include — not just active wars and internal strife — but low-intensity conflicts and hybrid threats, the numbers rise to include post-Arab Spring Egypt, Bahrain, Jordan, and the Syrian-Civil War spillover into Lebanon. Is it reasonable to expect American servicemembers to protect and police these nations’ in light of their security threats, much of which stems from internal governance deficits? Can the American public feasibly support US intervention — at a cost of trillions, not to mention in lives — in 10 Mideast conflicts out of 16 nations?

What is bizarre about the uproar over the Trump Administration’s decision to pull out the small number of remaining US troops (1,000–1,500) in Northern Syria is that very few of these questions have even been asked, let alone answered. Few analysts mention the dismal empirics of war, the backdrop for weighing the merits of any lasting US presence in Syria, from policy, strategic, democratic, and other perspectives. From a democratic perspective, for instance, American voters have spoken, twice, in the last two elections, supporting both Obama and Trump Administrations’ promise of “no new wars.” From a policy perspective, the picture is even more bizarre: despite Obama’s best intentions, his own political appointees would not let him extricate the US from the Mideast. Hence, Obama called his Libyan intervention the “worst mistake” of his presidency, even as he initiated this and two other new US interventions in Syria and Yemen, adding three more wars to US ongoing conflicts in Afghanistan and Iraq (which Obama tried unsuccessfully to end in 2011). Biden, who presided over Obama’s withdrawal ceremony in Iraq in December 2011, said: “thank you, Obama, for giving me the opportunity to end this goddamn war.” Such a sentiment was short-lived and, as most analysts believe, the prerequisite for the rise of ISIS in the Levant.

These examples illustrate how easy it is for all of us — even Presidents with foreign policy authority — to get lost in the mixed media messages, the twists and turns of self-serving politics, the topsy-turvy world of policy recommendations, and the “fog of war” complexities of conflict, all of which inexorably push for more war ...

Read the full article.

John G. Powers named in Best Lawyers

John G. Powers

Hancock Estabrook, LLP is proud to announce that John G. Powers has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Powers is a Partner in the Litigation Practice and a member of the Firm’s Executive Committee. 

Suzanne O. Galbato named in Best Lawyers

Suzanne O. Galbato - Commercial Litigation has been named for inclusion in 2020 New York Best Lawyers in America

Megan Thomas joins Mackenzie Hughes LLP

Megan Thomas

Megan Thomas has joined Mackenzie Hughes LLP as an associate attorney and will concentrate her legal practice on civil litigation, including medical malpractice, construction and architectural defense, and appeals.

Steven R. Shaw named in Best Lawyers

Steven R. Shaw

Hancock Estabrook, LLP is proud to announce that Steven R. Shaw has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Shaw is a partner in the Firm’s Real Estate Practice and has served as a member of the Firm’s Executive Committee. He focuses his practice on commercial real estate sales and purchases. 

Joseph T. Mancuso named in Best Lawyers

Joseph T. Mancuso

Hancock Estabrook, LLP is proud to announce that Joseph T. Mancuso has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Mancuso is a partner in the Banking & Finance and Corporate Practices. He is a member of the Firm’s Executive Committee. Mr. Mancuso represents clients on matters involving business formations, mergers and acquisitions, contract negotiations, commercial transactions and other general corporate matters. 

Timothy P. Murphy named in Best Lawyers

Timothy P. Murphy

Hancock Estabrook, LLP is proud to announce that Timothy P. Murphy has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Murphy is the Firm’s Managing Partner and a member of the Executive Committee. 

Professor William C. Banks Helps CNN Fact Check "Unconstitutional" Impeachment Claims

William C. Banks

(CNN | Oct. 31, 2019) Moments after the House passed a resolution establishing procedures for the next phase of the impeachment inquiry into President Donald Trump, the White House condemned the vote.

In a statement, White House press secretary Stephanie Grisham said that the resolution "fails to provide any due process whatsoever to the Administration," calling it "unconstitutional."

Trump echoed his administration's complaints in an interview with British radio station LBC that aired soon after the vote. Referring to the resolution he said, "They gave us absolutely no rights" ...

... William Banks, a law professor at Syracuse University, told CNN that "some will see the new procedures as providing due process, and there is no harm in that view. As such 'due process' is a synonym for 'fairness.'"

"There is nothing in the Constitution or any law, nor any rules of the House, that prescribes a particular procedure for impeachment proceedings," Banks added.

The Constitution notes only the basis for impeachment and that the House "shall have the sole power of impeachment" while the Senate "shall have the sole power to try all impeachments."

"The House resolution is not in any way 'unconstitutional,'" Banks said. "The resolution provides more than is required."

Read the full article.

Walter L. Meagher named in Best Lawyers

Walter L. Meagher

Hancock Estabrook, LLP is proud to announce that Walter L. Meagher, Jr. has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Meagher is a partner in the Litigation Practice and has over 40 years of experience in the areas of personal injury, premises liability, automobile liability, construction accidents, and products liability litigation. He is a former Managing Partner of the Firm. 

Alan J. Pierce named in Best Lawyers

Alan J. Pierce

Hancock Estabrook, LLP is proud to announce that Alan J. Pierce has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Pierce is a partner in the Litigation Practice and Leader of the Appellate Practice. Mr. Pierce concentrates his practice in the areas of appellate practice, insurance coverage, defamation and civil and commercial litigation.

John F. Corcoran named in Best Lawyers

John F. Corcoran

Hancock Estabrook, LLP is proud to announce that John F. Corcoran has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Corcoran is the leader of the Firm’s Education and Municipal Practices, and formerly served as Chair of the Labor & Employment Department. 

Richard W. Cook named in The Best Lawyers in America

Richard W. Cook

Hancock Estabrook, LLP is proud to announce that Richard W. Cook has been selected for inclusion in The Best Lawyers in America for 2020. Mr. Cook is a partner at the Firm and leader of the Banking & Finance Practice and a member of the Corporate Practice. 

Syracuse University College of Law Announces Joanna Geraghty L'97 as 2020 Commencement Speaker

Joanna Geraghty L'97

Syracuse University College of Law’s 2020 Commencement is ready to take to the skies on May 8 when the College welcomes Joanna Geraghty G'97, L'97 as Commencement speaker. The ceremony will take place at 11 a.m. in the Goldstein Auditorium, Schine Student Center on the Syracuse University campus. 

Geraghty is President and COO of JetBlue Airways, the sixth largest airline in the US and a Fortune 500 company, with a fleet of more than 250 planes, a workforce of more than 20,000 employees, and service to more than 100 destinations across the United States and internationally. 

As President and COO, Geraghty oversees the airline's day-to-day operations, including customer experience, flight operations, technical operations, and commercial functions. A trailblazer in a traditionally male-dominated industry, Geraghty is the first female president at a large US airline since the early 2000s. Her job has been described as one of the most challenging in the airline industry. 

A joint degree student at Syracuse, Geraghty received a master’s in international relations from the Maxwell School of Citizenship and Public Affairs as well as her juris doctor degree. She joined JetBlue in 2005 as a litigation attorney, working her way up through the airline’s legal department to Associate General Counsel and then leading the company’s human resources team—what JetBlue calls the "Chief People Officer"—before becoming Executive Vice President of Customer Experience in 2014. 

"Through her rise in a competitive industry, Joanna has never forgotten the value of a Syracuse law degree, citing it as important training for the problem-solving and leadership required in her high-profile career," says Dean Craig M. Boise. "I know Joanna is thrilled to return to her alma mater to join us on May 8, and I look forward to welcoming her back to Syracuse and to hearing—alongside members of the Class of 2020 and their parents and friends—a memorable and inspiring Commencement address."

3L John J. Dowling III Has Article Published by the Office of the Federal Public Defender for the Northern District of New York

3L John J. Dowling III

3L John J. Dowling III, an extern at the Office of the Federal Public Defender of the Northern District of New York, recently had his article “U.S. Supreme Court Cabins Sentencing Courts’ Deference to Sentencing Commission” published in the Office’s biannual criminal defense newsletter (see page 13).

“The article suggests that the Federal Criminal Defense Bar should martial the U.S. Supreme Court’s recent decision in Kisor v. Wilkie in every sentencing proceeding to ensure the Sentencing Commission’s application notes are not relied on as a backdoor to increase a defendant’s sentencing exposure unless the guideline at issue is ‘genuinely ambiguous,’” says Dowling.

Professor Kohn Provides Guidance to Elder Law Case in AARP Magazine

Professor Nina Kohn

Professor Nina Kohn provides perspective to an elder abuse legal quiz in AARP Magazine (take the first quiz and click to see the verdict for Professor Kohn's comments.)

Tournament of Champions Team Reaches Semifinals

Ariel Blanco, Lisa Cole, Christy O'Neil, Adam Leydig

The College of Law’s Tournament of Champions (TOC) team of 3Ls Ariel Blanco and Adam Leydig and 2Ls Lisa Cole and Christy O’Neil reached the semifinal round of the competition. Leydig was also recognized as the Best Overall Advocate in the preliminary rounds. Joanne Van Dyke L’ 87, Joseph Cote L'87, Justin St. Louis L'17, Dennis Scanlon L'19, and Professor Emeritus Travis H.D. Lewin coached the team.

TOC is an annual invitational tournament comprised of teams from 16 schools who have had the best records in subsequent years at the National Trial Competition and the American Association for Justice Competition.  By reaching the semifinals, the College of Law has earned an invitation to the Top Gun National Trial Tournament in June 2020.

Adam Leydig received the Best Overall Advocate award in the preliminary rounds.
Adam Leydig received the Best Overall Advocate award in the preliminary rounds.

Syracuse University College of Law Announces 2019 New York Bar Exam Pass Rate of 88%

Dineen Hall

Syracuse University College of Law graduates who took the New York State Bar Exam for the first time in July 2019 have achieved an 88% pass rate. This first-time pass rate is significantly higher than 2018's first-time pass rate of 83%. The rate also surpasses the average of all New York State ABA law schools (85%) and all ABA law schools nationwide (86%).

"The entire College of Law community celebrates this significant achievement by our 2019 graduates," says Dean Craig M. Boise. "We continue to invest in our students with continuous improvements to our curriculum, bar readiness programs, and other academic support initiatives. Our goal is, and will always be, to help our students achieve a 100% bar passage rate."

Is Political Incivility on the Rise? Professor Keith Bybee Speaks to CNYCentral

Keith Bybee

The 2020 election could solidify a new standard of political incivility

(CNYCentral | Oct. 24, 2019) Ahead of what promises to be a volatile, contentious presidential election, the vast majority of Americans believe that divisions in the country are getting worse and the national dialogue is breaking down. According to a new poll, the average voter believes the country is two-thirds of the way to the brink of civil war.

Yet, while most voters lament the sad state of political discourse and claim that political leaders should try to find common ground, few want to see their political leaders compromise on their values. At the same time it is concerned about division and incivility, the American public also appears to want more.

Georgetown University released its second Battleground Civility Poll Wednesday. The poll showed that 87% of voters think their leaders should compromise and 84% would like to see them "stand up to the other side" rather meeting them halfway on ideals voters deem important ...

... Some of that acrimony is typical, particularly in an election year, when politicians will "tactical or strategic incivility" to attract attention or publicity, explained Keith Bybee, director of the Institute for the Study of the Judiciary, Politics and the Media at Syracuse University.

"The bigger concern is whether there's some kind of deeper problem here and whether we are, as the poll phrases the question, at the threshold of civil war," Bybee noted ...

... "I think we are in a period of people seeking to redefine what counts as civility, what counts as appropriate in public life," said Bybee.

President Trump is involved in that effort to "reset" what counts as civil discourse and that will also be part of what is at stake in 2020. "It's not just a campaign where the next president of the United States will be selected but we’re participating in a process that can have very longterm consequences for the nature of public life in the United States," Bybee said. He continued that while political leaders often shape public discourse, "civility the work of many hands," including the public ...

Read the full article.

Gregory J. Champion Named in Best Lawyers

Gregory J. Champion, Corporate Law, Named in 2020 Best Lawyers in America.

Martin A. Schwab Named in Best Lawyers

Martin A. Schwab, Trusts and Estates, Named as a 2020 Best Lawyers in America.

Professor Gary Piepels Discusses NYS Bail Reform with The Daily Orange

Gary Pieples

State to Partially Eliminate Cash Bail, Pretrial Detention

(The Daily Orange | Oct. 23, 2019) More than half of Onondaga County’s jail population is currently being held in pretrial. A state bail reform law going into effect in January could help reduce that number.

The law will eliminate cash bail for most non-violent crimes and prohibit local courts from placing people accused of misdemeanors and nonviolent felonies in pretrial detention. It is the first bail reform measure enacted in New York in almost 50 years, said Gary Pieples, director of the Criminal Defense Clinic and professor at Syracuse University’s College of Law.

Cases often take months to go to trial, leaving those in pretrial detention in jail for significant amounts of time, Pieples said. Individuals are placed in pretrial detention if a judge determines they aren’t eligible to be released on bail, or if the individual cannot pay the cost of their bail.

Of the average daily jail population in Onondaga County, 60% are being held in pretrial detention, according to the Vera Institute of Justice.

Under the new law, people accused of misdemeanors and certain non-violent felonies will be released on pretrial services. An agent, similar to a probation officer, will keep track of people released on pretrial to ensure they attend their court appearances.

“This should prevent people not accused of a violent crime from spending time in jail before they have been convicted,” Pieples said.

The state’s bail and pretrial detention reforms may endanger the public, said District Attorney William Fitzpatrick during a debate earlier this month for the upcoming DA elections ...

Read the full article.

BBI, SU Libraries Assume Publication of Wordgathering: A Journal of Disability Poetry and Literature

Burton Blatt Institute

Syracuse University’s Burton Blatt Institute (BBI) and Syracuse University Libraries will assume publication in December 2019 of the digital open access journal and website Wordgathering: A Journal of Disability Poetry and Literature.  

Diane R. Wiener, Research Professor and Associate Director of BBI’s Office of Interdisciplinary Programs and Outreach, will take over as Editor-in-Chief from Wordgathering’s founder and long-time editor Michael Northen. 

Further support and advisement will come from Syracuse University colleagues Rachael Zubal-Ruggieri, Administrative Assistant of BBI’s Office of Interdisciplinary Programs and Outreach; Amanda Page, Open Publishing and Copyright Librarian at Syracuse University Libraries; and Kate Deibel, Inclusion and Accessibility Librarian at Syracuse University Libraries. 

As part of the transition, the journal will be made fully open access over the course of the next several issues. Assuming responsibility of open access publication of Wordgathering aligns with the University’s goal of providing shared competency opportunities for students around ethics, integrity, and commitment to diversity and inclusion.

“As we celebrate disability awareness and appreciation month and open access week in October, it’s fitting that we celebrate this Wordgathering transition too,” says Diane Wiener. 

Wordgathering was originally published in March 2007 to showcase the work of disabled poets. Later, audio versions were added to accompany the poems in text copy, enhance accessibility and increase readers’ aesthetic experience. The journal evolved to include poetry, essays, book reviews, interviews, fiction, art, excerpts, and other work from contributors with myriad disabilities, as well as work by non-disabled people. 

According to the current editor Michael Northen, the transition of publication to Syracuse University will enable “the marvelous archive of disability writing published in Wordgathering over the past thirteen years [to] be preserved and accessible to any interested readers or researchers ... [and] the available resources that Syracuse University has to offer. The journal, under Diane's direction, and with advisement, sponsorship, and support from Syracuse University Libraries, the Burton Blatt Institute and others, will be able to expand and develop in directions that have not been possible up to this point.”

Adds Wiener, “In thinking of disability arts and literature as facets of cultural diplomacy and communication, broadly, Wordgathering is well-situated … to engage actively in and be among the leaders of an ever-expansive discussion and demonstration of Disability, Deaf, Neurodivergent (including Autistic), Mad, and Crip poetics in the world today.” 

The Wordgathering editorial team.
The Wordgathering editorial team.

Professor David Driesen Weighs In on Syracuse Lead Remediation & Infrastructure Investment

David Driesen

National Reinvestment in Infrastructure Can Greatly Impact Syracuse

(The Daily Orange | Oct. 21, 2019) According to the Onondaga County Health Department, as of 2018, 10.4% of children living in Syracuse had elevated levels of lead in their blood. The city of Syracuse has demonstrated a keen awareness of this issue and successfully reduced that percentage from 17.1% in 2012. The efforts are laudable and necessary, but raise the question of how one of America’s most impoverished cities can be expected to handle this issue alone.

Government assistance is imperative. Syracuse and its citizens cannot do this alone. They need help from the state and national government — and with more than just lead.

But the quest for government funding is hard fought, especially when it comes to infrastructure.

While there is an overwhelming need for blood screenings and funding for repairs and temporary housing, it can be nearly impossible for a city like Syracuse to provide those services without help.

“I don’t think the city by itself has the financial basis to do that,” said David Driesen, a professor at SU’s College of Law who specializes in environmental law and economics.

Syracuse is one of the nation’s poorest cities, and its poorest neighborhoods are the ones most impacted by lead exposure. Driesen said that the costs of remediating a lead-exposed home and accessing necessary medical resources are “well beyond the means of almost all tenants and many landlords" ...

Read the full article.

Michael P. Williams Receives Award at MedTech Conference

Michael P. Williams

Michael P. Williams Receives Outstanding Contribution to the Bio/Med Industry Award at MedTech Conference. The accolade is given to an individual who has had a lasting impact on fostering the growth of the life sciences in New York State.

Paul W. Reichel Named in Best Lawyers

Paul W. Reichel, Tax Law, Named as a 2020 Best Lawyers in America

Stephen C. Daley Named in Best Lawyers

Stephen C. Daley, Employee Benefits (ERISA) Law, Named as a 2020 Best Lawyers in America

Dennis C. Brown Named in Best Lawyers

Dennis C. Brown, Litigation and Controversy - Tax; Tax Law, Named as a 2020 Best Lawyers in America

Hermes A. Fernandez Named in Best Lawyers

Hermes A. Fernandez, Administrative/Regulatory Law, Health Care Law, Named as a 2020 Best Lawyers in America

Nicholas J. D'Ambrosio Named in Best Lawyers

Nicholas J. D'Ambrosio, Employment Law - Management, Labor Law - Management, Litigation - Labor and Employment, Named as a 2020 Best Lawyers in America

R. Daniel Bordoni Named in Best Lawyers

R. Daniel Bordoni, Education Law; Employment Law - Management,Labor Law - Management, Litigation - Labor and Employment, Named as a 2020 Best Lawyers in America

Joseph Zagraniczny Named in Best Lawyers

Joseph Zagraniczny, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy, Named as a 2020 Best Lawyers in America

Amy G. Rhinehardt Named in Rising Star

Amy G. Rhinehardt, Real Estate, Named as a 2019 Upstate New York Rising Star

Riane F. Lafferty Named in Rising Star

Riane F. Lafferty, Employment Litigation: Defense, Named as a 2019 Central New York Rising Star

Nicholas P. Jacobson Named in Rising Star

Nicholas P. Jacobson, Employment Litigation: Defense, Named as a 2019 Upstate New York Rising Star

Kate I. Reid Named in Rising Star

Kate I. Reid, Schools & Education, Named as a 2019 Upstate New York Rising Star

Scott R. Leuenberger Named in Rising Star

Scott R. Leuenberger, Business/Corporate, Named as a 2019 Upstate New York Rising Star

Stephanie M. Campbell Named in Rising Star

Stephanie M. Campbell, General Litigation, Named as a 2019 Upstate New York Rising Star

Blaine T. Bettinger Named in Rising Star

Blaine T. Bettinger, Intellectual Property, Named as a 2019 Upstate New York Rising Star

James P. Wright Named in Rising Star

James P. Wright, General Litigation, Named as a 2019 Upstate New York Rising Star

Katherine R. Schafer Name in Rising Star

Katherine R. Schafer, Employment & Labor, Named as a 2019 Upstate New York Rising Star

Professor Antonio Gidi Publishes on "Incorporation by Reference"

Antonio Gidi

"Incorporation by Reference: Requiem for a Useless Medieval Tradition." Hastings Law Journal 70 (2019). 

American lawyers mechanically introduce each count in a pleading with the talismanic clause of “repeat and reallege” everything said before. 

This is a useless recitation, cluttering complaints, answers, and indictments. It has no purpose, makes no sense, and is not used in any other legal system. This medieval practice made sense in the formalistic common-law pleading of the 16th century, but it has no place in modern pleadings.

Professor Antonio Gidi's article traces the practice to a 1591 Queen’s Bench opinion, and he follows its evolution from English common law to American common law pleading to American code pleading to the Federal Rules of Civil Procedure. 

The article explains how this useless tradition survived logic and common sense, and why it should have been abolished centuries ago. It concludes that it is an empty tradition with no basis in the law.

Read the full article.

Professor William C. Banks Helps CNN Fact-Check Trump vs. Schiff

William C. Banks

Fact-checking Trump's shifting narrative on Adam Schiff

(CNN | Oct. 21, 2019) Over the last two years, the chairman of the House Intelligence Committee, Democratic Rep. Adam Schiff, has been a constant target of President Donald Trump's ire.

Recently, Trump has focused almost entirely on a statement Schiff made to the committee last month in which he gave his own interpretation of Trump's phone call with Ukrainian President Volodymyr Zelensky. Schiff's controversial statement included what he said was "the essence" of what the President communicated to Zelensky, rather than the "exact transcribed version of the call."

Since then, the President's characterization of Schiff -- while always negative -- has shifted dramatically, with Trump referring to Schiff's comments as illegal, criminal or treasonous at least 8 times. He has even threatened to sue Schiff ... 

Schiff's immunity

Recently, Trump has renewed his calls for Schiff to be punished, deploying a new tactic. The day of Schiff's statement to Congress, he shared a clip of it on Twitter. Although the Constitution includes a specific provision that allows members of Congress to speak freely during official meetings, Trump claims Twitter is not protected under the clause and as such Schiff should be prosecuted for fraud.

On October 18, Trump said: "I understand he has immunity, but he doesn't have immunity when he puts it on his Twitter, which he did."

Facts First: The constitutional provision that gives Schiff immunity from prosecution over his comments in Congress also gives him immunity over his tweet of a video of those comments, experts say.

Per a Congressional Research Service report, the Constitution's Speech or Debate Clause has also been interpreted "to include all 'legislative acts' undertaken by Members or their aides."

Trump is partially right; Were Schiff to have tweeted his rendition of the call or other inaccurate characterizations of the President outside of the context of his congressional duties, it would not be considered a protected legislative act. However, because the tweet was of Schiff's speech to Congress, Schiff remains immune from prosecution over it.

"Rep. Schiff is protected by the Speech or Debate Clause of the Constitution from being questioned 'in any other place,'" said William Banks, a law professor at Syracuse University. "The protection clearly extends to the offending Tweets."

Read the whole article.

SU Humanities Center and The Burton Blatt Institute Host “‘Cripping’ Graphic Medicine: Psychiatric Disability, ‘Crip’ Culture, and the Humanitites

Elizabeth J. Donaldson

Syracuse University's Humanities Center and The Burton Blatt Institute's (BBI) Office of Interdisciplinary Programs and Outreach are hosting the two-part Syracuse Symposium, ‘Cripping’ Graphic Medicine: Psychiatric Disability, ‘Crip’ Culture, and the Humanities. Elizabeth J. Donaldson, Professor of English and Interim Associate Dean for Curriculum and Student Success at the New York Institute of Technology, will give a public lecture on these topics on Tuesday, October 29 at 4 p.m. in the Bird Library Peter Graham Scholarly Commons, Room 114. 

On Wednesday, October 30, Professor Donaldson will follow up her lecture by leading “Drawing Out the Public Sphere: A Workshop on ‘Cripping’ Graphic Medicine” starting at 10 a.m. in Room 304 of the Tolley Humanities Building.  

This symposium, in the emerging cross-disciplinary field of Graphic Medicine, engages Syracuse University’s and SUNY Upstate Medical University’s constituents in collaboration by drawing linkages across disability studies and the health humanities.  Both events are free and open to the public.  Community members are encouraged to attend.  An RSVP is not needed for the lecture.  Please RSVP to Rachael Zubal-Ruggieri for workshop participation (information follows).

The Consortium for Culture and Medicine at SUNY Upstate Medical University, Syracuse University College of Arts and Sciences, and LeMoyne College are sponsors of the events.

Today, graphic memoirs are both popular and acclaimed: for example, Alison Bechdel's Fun Home (2006) is taught in college courses and has been adapted into an award-winning Broadway musical. Yet, when Justin Green published his 40-page autobiographical comic, Binky Brown Meets the Holy Virgin Mary, in 1972, he was breaking new ground and inventing a new form. By reading Binky Brown as a disability memoir, Donaldson argues that psychiatric disability and the empathetic treatment of mental health issues are foundational to this genre. Contemporary graphic memoirs of psychiatric disability are both a legacy of Green’s innovative confessional comics and an extension of his work. For students of disability studies, these graphic texts challenge stereotypes of mental illness and offer important and unique insights into the experiences of people living with madness and psychiatric disability.

“These Syracuse Symposium events will address issues of power in the silencing of disability and the 

'voices' of those who experience barriers in healthcare and healthcare education and practice,” said Diane Wiener, Research Professor and Associate Director of Interdisciplinary Programs and Outreach for BBI. “The event will also address how disabled people’s 'voices' are sometimes silenced in Graphic Medicine, the comics industry, and beyond, thus demonstrating why adaptations are necessary to (re)fashion a primarily visual medium so that it is consistently accessible to a spectrum of creators and audiences.”

A second lecture and workshop in this series will be held in Spring 2020 with MK Czerwiec, a.k.a. Comic Nurse.

Event Details

Tuesday, October 29

‘Cripping’ Graphic Medicine: Psychiatric Disability, ‘Crip’ Culture, and the Health Humanities

Public Lecture by Professor Elizabeth J. Donaldson

4 p.m. – 6 p.m.

Syracuse University Bird Library, Peter Graham Scholarly Commons, Room 114

Light refreshments will be served.

Wednesday, October 30

Drawing Out the Public Sphere: A Workshop on ‘Cripping’ Graphic Medicine

Workshop led by Professor Elizabeth J. Donaldson

10 a.m. – Noon

Syracuse University Tolley Humanities Building, Room 304

Please call 315-443-2156 or email razubal@law.syr.edu to RSVP for this workshop.

American Sign Language (ASL) interpretation and Communication Access Realtime Translation (CART) will be provided during the lecture and workshop. For other accommodations, contact Rachael Zubal-Ruggieri at 315-443-2156 or razubal@law.syr.edu

Christopher DiSano named Partner

Christopher D. DiSano

Christopher DiSano has been elected a partner at RDW Group, Inc., an integrated communications firm, today announced James J. Malachowski, RDW chairman & managing partner. 

DiSano has been with RDW since 2014 and serves as vice president, client services innovation.

William Herbert Johnson L'1903 Ceremony Photographs

William H. Johnson's Grandchildren & Professor Paula Johnson

Karen Frink Wolf Named in Top 250 Women in Litigation

Karen F. Wolf

Verrill is proud to announce trial attorney Karen Frink Wolf, a Syracuse University College of Law alumna, was once again named one of the nation’s “Top 250 Women in Litigation” by Benchmark Litigation. 

Brian Butler named managing member

Bond, Schoeneck & King is pleased to announce that Brian J. Butler has been named managing member of its Syracuse office. In addition, Butler has been selected for inclusion in 2020 Best Lawyers in America.  

William Mattar named a Western New York top C-Level Executive

William Mattar Law Offices, is pleased to announce that William K. Mattar, Esq., has been named one of Western New York’s top C-Level Executives by Buffalo Business First. 

New Counsel to NYS Office of Court Administration

Eileen Millett has left her post as a partner at Phillips Nizer and will begin her new role at the end of October as Counsel to the New York State Office of Court Administration.

Professor Paula Johnson writes about William H. Johnson L’1903 Posthumous Admission to the NYS Bar

William Herbert Johnson L'1903

Professor Paula Johnson writes on the significance of the posthumous admission to the New York State Bar of William Herbert Johnson L’1903, the College’s first African American graduate. 

The ceremony will take place Friday, October 18 at 10 a.m. at the Onondaga County Courthouse. 

Read the article in the Syracuse Post-Standard.

3Ls Davida M. Hawkes and Richard Miller Prevail at the 42nd Annual Lionel O. Grossman Trial Competition

Richard Miller and Davida M. Hawkes

The team of 3Ls Davida M. Hawkes and Richard Miller, representing the plaintiff, prevailed over 3Ls Alecia Frye and Troy Gayle, representing the defendant, at the 42nd Annual Lionel O. Grossman Trial Competition. Frye was the recipient of the Frank H. Armani L’56 Advocacy Award.

Created in 1978, this annual competition held by the Travis H.D. Lewin Advocacy Honor Society offers students the opportunity to grow as oral advocates and to hone their experience in trial advocacy. The competition was established by Richard Grossman ’51, L’55 and Dr. Murray Grossman ’43, G’45, as an 80th birthday gift in honor of their father, Lionel O. Grossman, a 1916 graduate of the College of Law.  

This year’s case was Bobby Daley v. Simon Properties, LLC d/b/a Scooter’s Ice Cream Parlor. In this case, Bobby Daley has brought a claim of Negligence against Scooter’s Ice Cream Parlor to recover damages for the injuries sustained when he was attacked on or near the ice cream parlor.

The Hon. Glenn T. Suddaby L’85, Chief US District Court Judge of the Northern District of New York, was the presiding judge. The evaluators were the Hon. Brenda K. Sannes, US District Judge for the Northern District of New York, the Hon. Thérèse Wiley Dancks L’91, US Magistrate Judge for the Northern District of New York, Professor Emeritus Travis H.D. Lewin, and Ed Menkin L’77, sole practitioner.

State Bar Association and Syracuse University College of Law Collaborate on Technology and the Law Course

Dineen Hall

The New York State Bar Association (NYSBA) and Syracuse University College of Law are collaborating during the fall 2019 semester on a cutting-edge Technology and the Law course available to Syracuse law students.

This one-credit course provides students with an understanding of the fundamentals of how technology intersects with the practice of law. The course immediately follows the success of a similar, first-of-its kind teaching collaboration that took place this past spring between NYSBA and the City University School of Law, which will be repeated in 2020.

“The same technological changes that have changed the world, have had a seismic impact on the practice of law,” said NYSBA President Hank Greenberg. “There’s no better time than as law students to begin learning how legal technology will help you become better and more efficient lawyers and improve your practice, foster communication and empower us to do the public good.”

“On behalf of the Association, I’d like to thank Syracuse University College of Law and Dean Craig Boise for sharing in our vision for this innovative collaboration,” Greenberg added. “I’d also like to thank Mark A. Berman and Professor Deborah Kenn for all their hard work in developing this vitally beneficial course.”

Berman, co-chair of NYSBA’s Committee on Technology and the Legal Profession, and Professor Kenn, associate dean of clinical and experiential education at Syracuse University College of Law, developed the course, which features multiple nationally and internationally renowned tech experts as guest speakers. Classes focus on what young lawyers need to know to practice law, including how technology affects law practice, the legal system and legal ethics.

“This is why NYSBA is so important to law students, as through this course it shows how we can make young lawyers the best they can be. And where there is a professional duty of technology competence in our Rules of Professional Conduct, there is a need to properly prepare law students for practice in the electronic world,” said Berman. “Through a groundbreaking course like this, law students are able to receive the legal education that best prepares them to practice in our ever-changing digital world.”

"It is the mission of Syracuse University College of Law to prepare law students for 21st century practice, and one way we are doing it is through our robust Technology and the Law collaboration with the New York State Bar Association," says Dean Craig M. Boise. "I commend Hank Greenberg's leadership, and particularly his focus on the impact of emerging technologies on our profession. I am grateful to Mark A. Berman and Professor Kenn for developing a trailblazing course that is creating buzz around Dineen Hall."

Topics covered in class include an overview of technology and law, social media, cybersecurity, professional responsibility and protecting confidential client and law firm information, artificial intelligence, biometrics, facial recognition, drones, autonomous vehicles and emerging uses of blockchain and cyber currencies, eDiscovery and admissibility of digital evidence. 

The Burton Blatt Institute to Host “Disability Arts and Culture as Vital Performance”

“Disability Arts and Culture as Vital Performance”

Syracuse University’s Burton Blatt Institute (BBI) will be hosting “Disability Arts and Culture as Vital Performance”—a two-day symposium on disability arts and culture featuring a book reading and panel discussion—on Oct. 17-18, 2019. 

“Disability Arts and Culture as Vital Performance” is supported by the 2019 Collaboration for Unprecedented Success and Excellence (CUSE) Grant program and BBI’s Office of Interdisciplinary Programs and Outreach.  

Symposium Events:

Thursday, October 17

“In the Province of the Gods”: A Reading by Kenny Fries

Kenny Fries is a poet and nonfiction writer who has explored multiple facets of disability and cross-cultural experience from the Galapagos to Japan to contemporary Europe. He will read from his recent work.

4-5:30 p.m., with a reception and book signing to follow

Peter Graham Scholarly Commons

114 Bird Library 

Syracuse University

Friday, October 18

New Opportunities for Contemporary Disability Writing and Cultural Diplomacy: A Panel Presentation

A panel featuring disabled poets and writers Jennifer Bartlett, Sheila Black, Kenny Fries, and Connie Voisine, with Christopher Merrill, Director of the International Writing Program at the University of Iowa. Moderated by University Professor Stephen Kuusisto, CUSE Grant Principal Investigator. 

The panel will discuss the development of a new international disability and cultural diplomacy initiative, including experiences and thoughts on disability and cultural engagement, what they mean, what a grassroots disability arts project could be in a global context, and efforts to create an International Disabled Writing Program.


Cortland Lecture Hall, Room 340

Dineen Hall

Syracuse University College of Law

“The goal of our symposium is to highlight disability writing and culture, and to plan for a larger international cultural diplomacy program which will introduce disability arts and culture in select global locations,” says Kuusisto. 

“This coming spring, we will be hosting a second disability literature symposium as part of this grant project to address our goal of establishing an International Disabled Writer’s Program in partnership with the University of Iowa,” adds Professor Diane Wiener, Co-Principal Investigator and Associate Director of BBI’s Office of Interdisciplinary Programs and Outreach. “Additionally, the disability poetics and literature journal, Wordgathering, will be transitioning to Syracuse University, under the collaborative leadership of the Office of Interdisciplinary Programs and Outreach and Syracuse University Libraries.  The fall 2019 and spring 2020 symposium events and the eventual establishment of an International Disabled Writer’s Program are all interconnected with Wordgathering’s new home at Syracuse University.”

American Sign Language (ASL) interpretation and Communication Access Realtime Translation (CART) will be provided during the reading and panel, and ASL interpretation will be provided during the reception and book signing. For other accommodations, contact Rachael Zubal-Ruggieri at 315-443-2156 or razubal@law.syr.edu.

Professor Roy Gutterman Talks Free Speech and Social Media on WXXI

Roy Gutterman

Professor Roy Gutterman, Associate Professor of Magazine, News, and Digital journalism in the Newhouse School, Director of the Tully Center for Free Speech, and Professor of Law was interviewed for the WXXI program "“Connections: Discussing the Intersection of Free Speech, Politics, and Social Media.”

A federal court recently ruled that politicians can't block followers on Twitter. The decision came after critics of President Donald J. Trump sued him because he blocked them on the platform. The court ruled that followers would miss out on access to politicians and public information provided by them, and that violates their First Amendment rights ...

Listen to the podcast.

The Hon. James E. Baker Named a NAPA Fellow

James E. Baker

Institute for National Security and Counterterrorism Director the Hon. James E. Baker is among four Maxwell School of Citizenship and Public Affairs faculty members selected to join the National Academy of Public Administration (NAPA) as 2019 Academy Fellows. 

Baker, who has a joint appointment as Professor of Law and Professor of Public Administration, is joined by Leonard Burman, Paul Volcker Chair in Behavioral Economics; Leonard Lopoo, Maxwell Advisory Board Professor of Public Policy; and Peter Wilcoxen, Director of the Center for Environmental Policy and Administration.  

NAPA is a congressionally chartered, nonpartisan, and nonprofit academy providing expert advice to government leaders in building and managing more effective, efficient, accountable, and transparent organizations. Fellows are selected based on their substantial scholarly contributions to the field of public administration, or significant and broadly applicable administrative experience. 

Inducted fellows contribute to the field of public administration by serving on NAPA boards, panels, or committees; serving on specific project panels (which conduct studies under contract with government agencies or with the support of foundations, corporations, and associations); participating in symposia and seminars; and providing congressional testimony.

Induction into NAPA is considered one of the leading honors for scholars in the discipline. The new NAPA Fellows join former cabinet officers, members of Congress, governors, mayors, state legislators, prominent scholars, business executives, nonprofit leaders, and public administrators. 

The End of Bail Bonds? Professor Lauryn Gouldin Assesses Flight Risk with the LA Times

Lauryn Gouldin

Facing eradication, the bail industry gears up to mislead the public about its value

(Los Angeles Times | Oct. 4, 2019) Few businesses enjoy a reputation for providing a public service as inflated as the bail bond industry.

To hear bail agents talk, they’re virtually the only people who can protect innocent communities from violent chaos perpetrated by defendants let out of jail before trial. “The most effective form of release in terms of ensuring appearance at court were releases on a financially secured bail bond,” the American Bail Coalition, the industry’s trade group, says on its website.

In California, the business of issuing bail bonds for profit is under attack as it is nowhere else in the nation. With the signature of then-Gov. Jerry Brown on a bill dubbed SB 10 in 2018, the state outlawed cash bail for criminal defendants. SB 10 created a new system allowing judges much greater discretion in setting terms of pretrial release for all but the most violent defendants ...

... The U.S. Justice Department calculated in 2009 that 83% of all felony defendants released before trial appear for all court dates, and of the remainder, almost all returned to court within a year. Only 3% remained fugitives after that time.

The statistics don’t materially change in jurisdictions that have largely, if not entirely, dispensed with cash bail, such as the state of New Jersey and Santa Clara County in California. “Concerns about a possible spike in crime and failures to appear did not materialize” after New Jersey reformed its pretrial release system in 2017, the state courts reported this year.

In part, this reflects misunderstandings about why people miss their court dates. Studies show that a large proportion of failures to appear are due to defendants’ confusion over court dates, difficulty getting time off from work or securing child care so they can make it to court, or other such factors unrelated to a desire to evade justice.

“There’s an imprecision in the conversation about failures to appear,” says Lauryn Gouldin of Syracuse University law school, an expert on the bail system. “There’s a historic shorthand about ‘flight risk,’ but that doesn’t capture the majority of the problem. Most people aren’t going to flee the jurisdiction" ...

Read the full article.

William Herbert Johnson L’1903, the College’s first African American graduate, will be posthumously admitted to the New York State Bar

William Herbert Johnson L'1903

What: Posthumous Admission of William Herbert Johnson L’1903 to the New York State Bar

When: Friday, Oct. 18, 2019, 10 a.m. - noon

Where: S.F. Hancock Ceremonial Courtroom

Onondaga County Courthouse

401 Montgomery Street, Syracuse, NY

Who: Presiding Justice Gerald J. Whalen and Justices of the Appellate Division, Fourth Department;  the Hon. Shirley Troutman, Associate Justice of the Appellate Division, Fourth Department and Co-Chair of the Franklin H. Williams Judicial Commission on Minorities; Mr. Johnson’s Family; Members of the Syracuse University College of Law; the Founders of the Syracuse Black Law Alumni Collective; and other distinguished guests.

Why: Born in Syracuse in 1875, William Herbert Johnson received his undergraduate degree from Boston University, served in the Army in the Spanish-American war of 1898, and then returned to his hometown and enrolled in law school at the Syracuse University College of Law.  

After his graduation from law school in 1903, Johnson was unable to gain admission to the New York bar.  Notwithstanding the fact that he was not admitted to practice law, Johnson became a pillar of the Syracuse community, hosting such luminaries as Harriet Tubman and George Washington Carver, and opened doors of opportunities for others in the African-American community that had been denied to him.  

Johnson died in 1965 at the age of 90.  Despite the fact that Johnson was not a lawyer, the minority bar association of Central New York was thereafter named the William Herbert Johnson Bar Association in his honor, and an award in his name is given annually by the College of Law.

Johnson will be admitted to the Bar, posthumously, to correct this longstanding injustice and celebrate his many contributions to the Syracuse legal community and community at large.

Adam P. Mastroleo selected for inclusion in 2019 New York Super Lawyers

Bond Schoeneck & King is pleased to announce Adam P. Mastroleo - Employment Litigation: Defense, has been selected for inclusion in 2019 Super Lawyers. 

Fred Price selected for inclusion in 2019 New York Super Lawyers

Bond Schoeneck & King is pleased to announce Fred Price - Intellectual Property has been selected for inclusion in 2019 Super Lawyers.

Stuart F. Klein selected for inclusion in 2019 New York Super Lawyers

Bond Schoeneck & King is pleased to announce Stuart F. Klein - Business Litigation, has been selected for inclusion in 2019 Super Lawyers.

Laura H. Harshbarger selected for inclusion in 2019 New York Super Lawyers

Bond Schoeneck & King is pleased to announce Laura H. Harshbarger - Employment & Labor has been selected for inclusion in 2019 Super Lawyers and in 2020 Best Lawyers in America.

George R. McGuire selected for inclusion in 2019 New York Super Lawyers

Bond Schoeneck & King is pleased to announce George R. McGuire - Intellectual Property, has been selected for inclusion in 2019 Super Lawyers. McGuire has also been named in 2020 Best Lawyers in America.

Brian Laudadio named 2019 Super Lawyer

Bond Schoeneck & King is pleased to announce Brian Laudadio - Business Litigation, has been selected for inclusion in 2019 Super Lawyers. Laudadio has also been named to 2020 Best Lawyers in America.

Cressida A. Dixon named to 2019 Super Lawyers

Bond Schoeneck & King is pleased to announce Cressida A. Dixon - Estate & Probate was selected for inclusion in 2019 New York Super Lawyers. Dixon has also been named to 2020 Best Lawyers in America.  

Butler named to 2019 Super Lawyers

Bond, Schoeneck & King is pleased to announce that Brian J. Butler, Business Litigation, was selected for inclusion in 2019 New York Super Lawyers. 

Burns 2020 Best Lawyers Honoree

Christopher Burns

Henson Efron has named Christopher Burns - Trusts and Estates, Elder Law, Litigation to 2020 Best Lawyers.

Janet Moon joins Bousquet Holstein PLLC

Janet E. Moon

Bousquet Holstein PLLC is pleased to announce that attorney Janet E. Moon has joined the firm as Senior Counsel in the Immigration Practice Group. Janet concentrates her practice in the areas of family-based green card and visa applications, removing conditions, citizenship and naturalization; transitioning from a student exchange visitor status to employment; and employment-based petitions and visas, as well as complex admissibility or denial issues. She offers her clients thorough legal analysis and responsive service, as she helps them navigate various immigration issues. 

Coppola now a certified court mediator

Lisa A. Coppola

Lisa A. Coppola, founder of The Coppola Firm, has been certified as a federal court mediator by the United States District Court for the Western District of New York’s Alternative Dispute Resolution (ADR) program.

Lisa A. Coppola, founder of The Coppola Firm, has been certified as a federal court mediator by the United States District Court for the Western District of New York’s Alternative Dispute Resolution (ADR) program.As an ADR mediator, Ms. Coppola will assist in disputes in the cities of Buffalo and Rochester. Her areas of practice include Commercial Litigation, General Litigation, Employment & Employee Issues, Personal Injury, and School Law.

David E. Worthen joins Plave Koch

David E. Worthen

David Worthen joins the firm with a litigation record matched by few in the franchise bar. His broad experience representing franchisors includes intentional underreporting of sales, tax fraud, standards enforcement, covenants not to compete, encroachment, defending claims of franchise disclosure (FDD) violations, nonpayment, trademark violations, unapproved products, and vicarious liability. Worthen’s experience also includes non-franchise cases involving patent infringement, insurance coverage, sexual harassment, and wrongful termination. He received his undergraduate degree from Syracuse University and his Juris Doctor from the Syracuse University College of Law, cum laude.

Moses honored as 2019 Distinguished Lawyer Recipient

Edward J. Moses

Edward J. Moses, a partner at Mackenzie Hughes LLP, has been named the 2019 Distinguished Lawyer award recipient by the Onondaga County Bar Association (OCBA). Moses currently serves on the legal committee and as an honorary trustee on the board of trustees at the Christian Brothers Academy, a member of the board of directors of the Georgetown Club of Central New York and its University Regional Alumni Interview Committee, and as a member of the Catholic Charities – House of Providence Annual Dinner Committee. Previously, Moses has been recognized both by the Christian Brothers Academy and Catholic Charities for his distinguished service and commitment to the community.

Bland joins Pond Lehocky Stern Giordano Disability

Pond Lehocky Stern Giordano Disability is pleased to announce that it has added Alexandria Baland as a Social Security disability associate with the nationwide advocacy group. Ms. Baland has dedicated most of her career to providing legal assistance to disabled individuals. Her knowledge and experience should be a tremendous asset in helping the group serve those with disabilities.

Woodward joins Empire Justice Center

​Stephanie Woodward has left her position as director of advocacy at the Center for Disability Rights. She will continue to serve marginalized communities in her new role as a victims of crime attorney at Empire Justice Center

Nugent Joins Bond, Schoeneck & King

Daniel Nugent

Daniel Nugent joined Bond, Schoeneck & King as an associate attorney in the firm's employee benefits and executive compensation practice.

Wright Elected Partner

Andrew Wright

Andrew Wright was elected partner at Hodgson Russ, where he focuses his practice on state and local tax matters.

Professor William C. Banks Reflects on Trump Impeachment for China Daily

William C. Banks

Democrats Start Trump Impeachment Probe

(China Daily | Sept. 26, 2019) Republican president calls US House's drive 'positive', yet tweets with fury

Democrats made their move against US President Donald Trump on Tuesday, as Speaker Nancy Pelosi announced that the House of Representatives will open an impeachment inquiry over a phone call Trump had with Ukraine's president in which former vice-president Joe Biden and his son were reportedly discussed.

"The actions taken to date by the president have seriously violated the Constitution," Pelosi said after meeting with House Democrats at the Capitol. "The president must be held accountable. No one is above the law."

The phone conversation was reported to be included in a whistleblower complaint that the Trump administration has not turned over to Congress, although a news report on Tuesday said the White House would release it.

The impeachment probe will center on whether Trump sought help from a foreign government in his bid for reelection next year. Biden is now a leading contender for the Democratic presidential nomination ...

... William C. Banks, a law professor at New York's Syracuse University, told China Daily: "If the allegations are true, the abuse of power is significant, and many members of Congress will be motivated to conduct impeachment proceedings." He is the co-author of a 1994 book about tensions between the executive and legislative branches, National Security Law and the Power of the Purse.

As for the impact on the 2020 election, Banks said: "It's too early to say. It could be the beginning of the end for President Trump, or the proceedings could backfire and propel Trump to reelection" ...

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How to Impeach a President: Professor David Driesen Discusses on the Dave Allen Podcast

David Driesen

The Dave Allen Podcast (iHeartRadio | Sept. 25, 2019)

Listen to the segment.

William C. Banks Publishes 2019-2020 Supplement to National Security Law & Counterterrorism Law

William C. Banks
National Security Law Sixth Edition & Counterterrorism Law Third Edition, 2019 Supplement. Wolters Kluwer, 2019. (With S. Dycus, P. Raven-Hansen, & S.I. Vladeck)

Write authors William C. Banks, Stephen Dycus, Peter Raven-Hansen, and Stephen I. Vladeck, it is an increasingly Herculean task to stay abreast of developments in our field, given their dizzying pace and substantive breadth. 

Even with new editions of National Security Law and Counterterrorism Law slated for publication in Spring 2020, the 2019–2020 Supplement will help students and teachers stay up to date during the coming academic year. 

By including the most important recent cases, legislation, and executive branch actions, the new Supplement also underscores the critical work that lawyers do to keep this nation both safe and free.

Recent developments addressed in the 2019-2020 Supplement:

  • Fallout from the Mueller Report
  • U.S.-Mexico border wall, emergencies, and related issues
  • Russian interference in U.S. elections
  • Congressional access to Executive Branch information
  • The next generation of Guantánamo litigation

Vice Dean Keith Bybee Explains Why Online Civility Is Important

Keith Bybee

Scripps National News | Sept. 20, 2019

Professor William C. Banks Publishes on "Hybrid Threats, Terrorism, and Resilience Planning"

William C. Banks
Hybrid Threats, Terrorism, and Resilience Planning. International Centre for Counter-Terrorism Perspective (2019). (With K. Samuel.)

We live in an inter-connected, inter-dependent world, not only in digital spaces, but increasingly between the physical and digital worlds. While our inter-connectedness and the accompanying rapid technological change bring with them widespread societal benefits, they can also deepen existing vulnerabilities and create new ones, such as in relation to critical infrastructure interdependencies. These technology-rich and highly dynamic circumstances can be exploited by those with criminal and malicious intent, including terrorists, with potentially extensive and catastrophic consequences, as the 2017 WannaCry cyber-attack with global reach, which nearly brought the United Kingdom’s National Health Service to its knees, illustrated.

We will illustrate this ironic confluence of good news/bad news by focusing on hybrid threats posed by cyber technology to critical national infrastructure. Our op-ed begins by briefly examining the concept of hybrid threats, before examining how they are materialising in the cyber world. The discussion then turns to examining how best to counter hybrid threats to our Critical National Infrastructure (CNI). We propose the development of more dynamic, integrated and innovative resilience planning solutions beyond those that currently exist.

The Concept of Hybrid Threats

Hybrid threats posed by state and non-state actors are expected by many to increasingly challenge countries and institutions globally. In 2016, this recognition led to the creation of the European Centre of Excellence for Countering Hybrid Threats (Hybrid CoE), which recognises diverse and wide-ranging forms of terrorism as a potential source of hybrid threats. The Hybrid CoE has defined a hybrid threat in the following terms:

  • Coordinated and synchronised action, that deliberately targets democratic states and institutions systemic vulnerabilities, through a wide range of means;
  • The activities exploit the thresholds of detection and attribution as well as the different interfaces (war-peace, internal-external, local-state, national-international, friend-enemy);
  • The aim of the activity is to influence different forms of decision making at the local (regional), state, or institutional level to favour and/or gain the agent’s strategic goals while undermining and/or hurting the target.

As the broad parameters of this definition reveal, hybrid threats can take a multitude of diverse forms. They can pose many practical and legal challenges too, such as how to detect, investigate, and attribute them in order to identify and bring to account their perpetrators, whether state or non-state actors ...

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Edwin J. Kelley, Jr. was selected for inclusion in 2019 New York Super Lawyers

Bond, Schoeneck & King is pleased to announce that Edwin J. Kelley, Jr., Government Finance, was selected for inclusion in 2019 New York Super Lawyers. 

Nicholas J. D'Ambrosio, Jr. selected for inclusion in 2019 New York Super Lawyers

Bond, Schoeneck & King is pleased to announce that Nicholas J. D'Ambrosio, Jr., Employment & Labor, was selected for inclusion in 2019 New York Super Lawyers. 

Joseph Zagraniczny was selected for inclusion in 2019 New York Super Lawyers

Bond, Schoeneck & King is pleased to announce that Joseph Zagraniczny, Real Estate, was selected for inclusion in 2019 New York Super Lawyers. 

Richard D. Hole selected for inclusion in 2019 New York Super Lawyers

Bond, Schoeneck & King is pleased to announce that Richard D. Hole, Employee Benefits, was selected for inclusion in 2019 New York Super Lawyers. 

David A. Lerner among 2020 Best Lawyers in America

​David A. Lerner, Partner at Plunkett Cooney, named Best Lawyer in America for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 

Hermes Fernandez named Best Lawyers in America Lawyer of the Year

Bond, Schoeneck & King is pleased to announce that Hermes Fernandez has been named the 2020 Best Lawyers in America "Lawyer of the Year" for Health Care Law. Hermes has advised and represented health care providers on board governance, statutory and regulatory compliance, surveys and audits and fraud and abuse matters. 

R. Daniel Bordoni named Best Lawyers in America Lawyer of the Year

Bond, Schoeneck & King is pleased to announce that R. Daniel Bordoni has been named the 2020 Best Lawyers in America "Lawyer of the Year" for Education Law. Dan is a labor and employment law attorney who for nearly 40 years has represented management in a wide variety of private and public sector labor and employment law matters. 

Paul W. Reichel named Best Lawyers in America Lawyer of the Year

Bond, Schoeneck & King is pleased to announce that Paul W. Reichel has been named the 2020 Best Lawyers in America "Lawyer of the Year" for Tax Law. Paul is a tax attorney who concentrates his practice in public finance transactions and taxation of business and non-profit organizations. He has extensive public finance experience, regularly serving as bond counsel to municipalities, school districts and public agencies. 

John Imhof Admitted to Practice Law in Marshall Islands

Vedder Price is pleased to announce that Global Transportation Finance Shareholder John F. Imhof Jr. has been admitted to practice law in the Republic of the Marshall Islands (“RMI”). Mr. Imhof joined Vedder Price in November 2018. He has nearly 30 years of experience advising lenders, lessors, investors, borrowers and lessees in the domestic and cross-border financing of transportation and logistics assets. The Maritime practice group is integral to the Global Transportation Finance team and represents nearly all segments of the maritime industry throughout the world, delivering advice under U.S., English, Marshall Islands and Liberian law.

Santos Vargas serving as Director for SABA

Santos Vargas is now serving in his second year for the San Antonio Bar Association (SABA) as an elected Director after serving as President from 2018-2019. 

Heidi Wickstrom elected Membership Liaison of Professional Negligence Section

Heidi Wickstrom

Heidi L. Wickstrom (J.D. 2008) has been elected the Membership Liaison of the executive board of the Professional Negligence Section for the American Association for Justice. Ms. Wickstrom’s new role involves making sure attorneys are familiar with the benefits of membership, encouraging attorneys to get involved with and join the section, and welcoming new members. She was elected to the role at last week’s AAJ Convention. Ms. Wickstrom is an attorney at the Illinois personal injury law firm Salvi, Schostok & Pritchard. 

Danielle Katz Joins Barclay Damon

Barclay Damon announces Danielle Katz, associate, has joined the firm. She works out of the Syracuse office. Katz is a member of the Corporate and Trusts & Estates Practice Areas, primarily concentrating on corporate transactions and general trusts and estates matters. She also uses her financial-services and tax background to best advise clients. Prior to Barclay Damon, Katz was a legal intern at Vontobel Securities Ltd. and Vontobel Swiss Wealth Advisors AG.