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William C. Banks Reviews the Mueller Report with KPCC

William C. Banks

AirTalk special: DOJ releases redacted Mueller report to the public

(KPCC (Los Angeles) | April 18, 2019) Two years and countless subpoenas and indictments later, the Department of Justice has released a redacted version of the Mueller report to the public.

In a press conference, Attorney General William Barr on Thursday laid out in advance what he said was the "bottom line:" No collusion between the Trump campaign and Russian government hackers.

Barr said at a news conference that the president did not exert executive privilege to withhold anything in the 400 page-plus report. And he said the president's personal attorney had requested and gotten a chance to review the report before its public release.

Barr said that no one outside the Justice Department has seen the unredacted Mueller report. And he added that no redactions were either made or proposed outside of the small group of Justice staffers that pored over Mueller's report.

Listen to the segment.

GUESTS:

  • Nick Akerman, partner at the New York City office of Dorsey & Whitney LLP; he is a former Assistant U.S. Attorney in the Southern District of New York and served as Assistant Special Watergate Prosecutor with the Watergate Special Prosecution Force
  • Miriam Baer, professor of law at Brooklyn Law School where she specializes in corporate and white-collar crime and criminal law and procedure
  • William C. Banks, professor emeritus of law, public administration and international affairs at Syracuse University
  • Christian Berthelsen, legal reporter at Bloomberg
  • John Eastman, professor law and community service and director of the Center for Constitutional Jurisprudence at Chapman University
  • Robert G. Kaufman, public policy professor at Pepperdine where he focuses on U.S. foreign policy, national security and international relations; author of “Dangerous Doctrine: How Obama's Grand Strategy Weakened America” (University Press of Kentucky, 2016)
  • Laurie L. Levenson, professor of law at Loyola Law School and former federal prosecutor
  • Justin Levitt, professor of law at Loyola Law School and former deputy assistant attorney general in the Civil Rights Division of the Justice Department under President Obama; he tweets @_justinlevitt_
  • Amanda Renteria, chair of Emerge America, a national organization that works to identify and train Democratic women who want to run for political office; she is the former national political director for Hillary Clinton’s 2016 presidential campaign; she tweets @AmandaRenteria
  • Sean T. Walsh, Republican political analyst and partner at Wilson Walsh Consulting in San Francisco; he is a former adviser to California Governors Pete Wilson and Arnold Schwarzenegger and a former White House staffer for Presidents Reagan and H.W. Bush

Disability Rights Clinic Helps Village of Cazenovia with Accessibility Project

Michael Schwartz

Disability Rights Clinic Director Professor Michael Schwartz, 3L Albert Karmi, and 2L Allison McVey—along with Ted Bartlett, an adjunct instructor at the Syracuse University School of Architecture—presented a preliminary accessibility plan to the village of Cazenovia, NY, Board of Trustees on April 1, 2019. The Board is exploring a project to enhance accessibility of commercial buildings on the north side of Albany Street between Kinney Drugs and Lincklaen Street.

The “Village of Cazenovia Accessibility Study” is a joint effort among the College of Law; the School of Architecture’s Freedom By Design Program; and Crawford & Stearns PLLC, architects and preservation planners.

“The Disability Rights Clinic has, in partnership with the village of Cazenovia, identified a need for an accessible sidewalk along Albany Street,” said McVey at the meeting, as reported by the Cazenovia Republican. “As you all know, there is a step up for each of the shops there, which makes it difficult for people with disabilities and a number of other members of the community to access those shops without the use of a ramp.”

The proposed design includes a concrete ramp with four access points, one at each end of the street and two in the middle.

The plan also features a simple iron safety railing, selected to blend in with the character of the historic buildings. In front of each storefront, a break in the railing would allow for easy pedestrian access to the building. All other specific design decisions would be left up to the village, according to McVey.

Collaborating with the Disability Rights Clinic, the site measure-ups and initial drawings were produced by the school of architecture’s Freedom By Design community service program. Joseph Picciano, an associate and project architect at Crawford & Stearns, completed the design.

According to McVey, the proposed plan is designed to benefit not only individuals with disabilities and wheelchair users, but also many other community members, including parents with strollers, the elderly and veterans with mobility issues.

Read the full story.

Shubha Ghosh Speaks to Law360 About Apple vs. Qualcomm

Shubha Ghosh

After Ceasefire With Apple, Qualcomm’s War Continues

(Law360 | April 17, 2019) The global licensing flare-up between Apple and Qualcomm was extinguished abruptly Tuesday with a dramatic settlement announced moments after opening arguments. The deal ends all litigation between the California tech giants, but it doesn’t directly impact the U.S. government’s enforcement action against the chipmaker.

Here, Law360 looks at what’s ahead for Qualcomm after its armistice with Apple.

The Pressure to Settle

Apple and Qualcomm offered few details about the settlement resolving Apple’s lawsuit alleging the chipmaker violated antitrust law by requiring companies that assemble iPhones and iPads to pay for both its cellular network-accessing modem chips and for a license on its patented technology. Qualcomm was also pursuing its own suits accusing Apple of patent infringement in jurisdictions around the globe and seeking to block imports into the U.S. and elsewhere of iPhones that allegedly infringed its products, namely those using chips made by Qualcomm rival Intel.

Under the deal, Apple will pay an undisclosed amount to Qualcomm. The tech giants also reached a six-year licensing agreement, effective April 1, which could be extended another two-years, and a multiyear chipset supply agreement.

The companies struck the deal a day-and-half into trial, after jury selection and opening arguments from both sides ...

... Qualcomm had clear reason to settle. Experts note the pressure bearing down on Qualcomm, not just from Apple, but from antitrust enforcers around the world and private litigants who’ve targeted licensing practices that allegedly allowed it to overcharge Apple billions of dollars.

“They clearly were seeing years of litigation ahead if they didn’t come to some sort of agreement,” said Shubha Ghosh, head of the Syracuse Intellectual Property Law Institute.

Read the whole article.

Tim Green L'94 Awarded Chancellor's Medal

Thane Green accepts the Chancellor's Medal on behalf of his father, Tim Green L'85

College of Law alumnus Tim Green L'94—one of the most accomplished student-athletes in Syracuse University history—was awarded the Syracuse University Chancellor's Medal at the One University ceremony in Hendricks Chapel on April 12, 2019. Tim's eldest son, Thane, received the award. 

The annual ceremony brings the University community together to celebrate the faculty, staff, and student recipients of the University’s most prestigious awards and honors. The Chancellor’s Medal is one of two major awards conveyed, along with the Chancellor’s Citation for Excellence.

Green was a legendary member of the Syracuse Orange football team from 1982-1985. He helped the Orange begin its resurgence under head coach Dick MacPherson. Dubbed the “Renaissance Man of American Football," after a stellar career at Syracuse, Green enjoyed success as a player in the National Football League and then as a commentator, before becoming an accomplished attorney at Barclay Damon, an NPR legal commentator, a TV host, and a best-selling author. Recently, Green was diagnosed with Lou Gehrig's Disease, or amyotrophic lateral sclerosis (ALS). His life story and battle with ALS have been profiled on CBS 60 Minutes

The Chancellor's Medal was first presented in 1967 as the Centennial Medal on the occasion of William P. Tolley’s 25th anniversary as Chancellor. The name of the award was changed in 1972. It is given to “extraordinary individuals, whose career success and philanthropic contributions have had a significant impact on society and the University.” Previous recipients include Aaron Copland, Alfonse M. D'Amato, Daniel Patrick Moynihan, Ralph Nader, and Donna E. Shalala. 

3L Erika Simonson and 2L Aubre Dean Win the Inaugural Entertainment and Sports Law Negotiation Competition

Aubre Dean and Erika Simonson

3L Erika Simonson and 2l Aubre Dean prevailed over 3L Sophie Bober and 2L Josh Steele in the inaugural intra-school Entertainment and Sports Law Negotiation Competition.  Dean also captured the Best Overall Advocate award. The final round followed the conclusion of the 5th Annual Entertainment and Sports Law Symposium.

James Zeszutek L’76, Partner, Dinsmore and Shohl; Professor John Wolohan, Professor of Sports Law and Management, Syracuse University David B. Falk College of Sport and Human Dynamic and Adjunct Professor, College of Law; and Kevin Belbey, L’16, Agent, The Montag Group judged the final round.

Forty-eight students took part in the competition. The Entertainment and Sports Law Society and the Advocacy Honor Society were co-sponsors of the competition.

April 22 - May 8: Law Library Access Limited to College of Law Users Only

​During the College of Law final exam study period (4/22 - 5/8), access to the Law Library is limited to College of Law students and COL faculty/staff only.  A Law ID is needed to swipe into the Law Library during this time.

Syracuse University College of Law Enters into 3+3 Admissions Agreements with Three Historically Black Colleges and Universities

Dean Craig M. Boise signs a the 3+3 admissions agreements with three Historically Black Colleges and Universities.

Syracuse University College of Law has entered into 3+3 admissions agreements with three Historically Black Colleges and Universities (HBCU) located at Atlanta University Center: Clark Atlanta University, Morehouse College, and Spelman College. The agreement was signed at an April 15, 2019, ceremony at Atlanta-based law firm Taylor English Duma LLP with representatives from all three HBCU and the College of Law participating.

The 3+3 program allows students to finish the bachelors and juris doctor degrees in an accelerated format by completing all coursework required for the undergraduate major in three years and finishing their degree during their first year of law school at Syracuse. J.D. students at the College of Law may also jointly earn a master’s degree at other Syracuse University schools and colleges, including the top-ranked Maxwell School of Citizenship and Public Affairs and Newhouse School of Public Communications. The combination of the 3+3 and joint degree programs permits a student to earn as many as three degrees in just six years—a year less than generally required for just an undergraduate and J.D. degree at most other institutions.

“Partnering with these distinguished HBCU to create a 3+3 program significantly reduces the time and cost required for qualified African-American students to obtain a 21st-century legal education at Syracuse,” says College of Law Dean Craig M. Boise. “This is one of the ways we can address the legal profession’s need for more diversity among the ranks of lawyers. I join our faculty, staff, and students in looking forward to students from these renowned colleges becoming members of our College of Law family.”

“Developing the accelerated dual degree (bachelor’s and juris doctor degrees) between Clark Atlanta University and Syracuse University College of Law is mutually beneficial. This endeavor aligns with our efforts to expand academic pursuits for Clark Atlanta graduates,” says Dorcas Bowles, Provost, Clark Atlanta University. “As such, this partnership increases our students’ academic and career success and will serve as a beacon of access and opportunity for African Americans and other underrepresented populations in the field of law.” 

Says Sharon L. Davies, Provost, Spelman College, “As one of the nation's top producers of black women applicants to law school today, Spelman College is excited to enter into this agreement with Syracuse University College of Law. With this new partnership, Spelman students interested in careers in law will be able to complete their undergraduate studies and legal studies in six years instead of seven, saving a full year of college expenses, and enabling them to bring their unique talents to the field of law one year sooner.” 

“I am excited by the opportunities that this program will provide for our students who are interested in pursuing careers in law. This program is a testament to Dean Boise’s and Syracuse’s commitment to the recruitment of black students, and I hope it serves as a model for law schools across the nation,” says Matthew B. Platt, Ph.D., Chair and Associate Professor, Department of Political Science, Morehouse College.

“As someone who counts both Morehouse College and Syracuse University College of Law as alma maters, I have great pride in knowing future law students will be able to experience the same institutions that helped me realize my career goals under this accelerated path,” says Michael Johnson L’93, a partner at Taylor English Duma LLP. “I am honored to host the signing ceremony at Taylor English Duma, and I look forward to following the progress of the 3+3 students—future Orange law alumni—as they embark on their legal careers.”

In addition to the 3+3 agreements, the College of Law recently expanded its Externship Program to Atlanta to provide field placements in the city and its surroundings, allowing local students to network and to gain experience close to home. The College of Law also has a liaison in Atlanta who will be on campus to meet with students and answer any questions about the program.  

Clark, Morehouse, and Spellman colleges join Alfred University, LeMoyne College, Nazareth College, St. John Fisher College, and Syracuse University’s Whitman School of Management as 3+3 partners of the College of Law.

Former Dean Craig Christensen Passes

Dean Craig Christensen

Obituary

Craig W. Christensen
Ventura, CA
March 11, 1939 - April 3, 2019

It is with great sadness that we announce the sudden passing of Craig W. Christensen at his home in Ventura, CA, after a valiant battle with Alzheimer’s and COPD.  

Craig was born in Lehi, UT, to Helen Sena (Thompson) and Wane Eric Christensen on March 11, 1939. He was Professor of Law Emeritus and held a B.S. (Hons.), Political Science, 1961, Brigham Young University, and a J.D. (magna cum laude), 1964, Northwestern University. He was a member of the Order of the Coif and the Illinois State Bar. A distinguished legal educator, he was a Past President of the Law School Admission Council (LSAC), had more than 30 years of teaching experience, and was Dean at two law schools.

“I'm an old-fashioned law teacher and believe in the Socratic Method in which the approach is principally to engage people," he said. "As a result, I spend more time asking questions than answering them."

Following law school, where he served as Editor-in-Chief of the Northwestern University Law Review, Craig practiced law with the Chicago firm of Kirkland & Ellis and later served as Executive Assistant to the Chairman and President of the Chicago and Northwestern Railway Company. He began his career in legal education as Executive Director of the National Institute for Education in Law and Poverty and Lecturer at Northwestern University. 

In rapid ascent, Craig served as Legal Advisor to the President and Associate Professor of Law at the University of Michigan, and then accepted deanships at the law schools of Cleveland State and Syracuse universities. He then served as President and Executive Director of LSAC for nearly five years, followed by a year as Visiting Professor of Law at Hastings College of Law. He was appointed to the Southwestern faculty in 1992. He became Professor of Law Emeritus in 2006.

Long active in the area of gay rights, Craig served on the National Advisory Committee of the Law and Sexuality Journal. He is a former member of the Board of Directors of the LAMBDA Legal Defense and Education Fund and the New York State Human Rights Political Action Committee; Past Chair of the State of New York's Task Force on Gay Issues; and Founding Chair of the Association of American Law Schools Section on Gay and Lesbian Issues. He also served on the California Democratic Party State Central Committee and was a delegate to the 2000 Democratic National Convention. 

Craig was preceded in death by parents, Helen and Wayne Christensen; brother, Corey Christensen; and daughter, Cara Christensen. He is survived by his husband and partner of 37 years, Anthony J. Mullen; son, Michael (Denise), Cuyahoga Falls, OH; daughter, Laura Ghirardini (Peter) Swampscott, MA; son, David, Adelaide, Australia; brothers, Russel (Kathi), Las Vegas, NV, and Chris (Anne), Bozeman, MT; sister, Karma Wagstaff, Salt Lake City, UT; plus 11 grandchildren, many nieces and nephews, and his pugs, Elektra and Bruce. 

Special blessings and thanks go to Liz Moten, his caregiver for many years. With her help Craig was able to enjoy his home by the sea till the end.

A memorial will be held on May 9, 2019, at 10 a.m. for family and friends at the Edward J. Ryan and Son Funeral Home, 3180 Bellevue Ave., Syracuse, NY. Family will receive friends from 9 a.m. to 10 a.m. before the service. Burial will be in Valley Cemetery.

In lieu of flowers, please donate in Craig’s name to the Alzheimer’s Association of CNY, 441 W Kirkpatrick St., Syracuse, NY 13204.

Innovation Law Center Students Help Allied Microbiota Commercialize a Clean Tech Breakthrough

The Innovation Law Center team that worked on a proprietary research report for Allied Microbiota.

One of the many impressive tasks that Innovation Law Center (ILC) research associates perform when writing proprietary reports for clients of the New York State Science and Technology Law Center (NYSSTLC) is getting up to speed very quickly with novel and often complex technologies. Becoming competent with groundbreaking biotechnology was certainly necessary for the report presented to Allied Microbiota, a New York City-based company that is developing a microbial product to remediate difficult-to-treat organic pollutants.

It helped to have a couple of College of Law students with biology backgrounds working on the report. 

"My undergraduate degree is in biology," explains Senior Research Associate Gabrielle Sherwood, a third-year law student. "This project was a nice refresher on what I learned in my biology classes, although describing this complex technology was a challenge." However, adds Sherwood, another member of her team—2L Christina Brule—holds a Ph.D. in biochemistry. "Her knowledge came in very useful for the technology description and the intellectual property section."

Sherwood and Brule, along with 3L Trevor McDaniel and 2L Kristian Stefanides, formally presented their report to Allied Microbiota in March 2019. Allied Microbiota CEO Frana James and CSO Dr. Ray Sambrotto describe the students' work—which analyzes her company's intellectual property claims, the potential market for its technology, and the regulatory landscape for bioremediation—as "really insightful". "They offered us a new perspective about regulatory hurdles, prospects, and certifications we probably need to get," adds James. 

James says she discovered the Innovation Law Center through her connection to FuzeHub, a New York State manufacturing extension program supported by Empire State Development’s Division of Science, Technology & Innovation (NYSTAR). Through FuzeHub, James met NYSSTLC Associate Director Molly Zimmermann and ILC Adjunct Professor Dom Danna ’71. Eventually, Allied Microbiota joined 14 other start-up technology companies that ILC students have been assisting, on behalf of NYSSTLC, during the spring 2019 semester. 

A Columbia University-trained engineer with an MBA from the India Institute of Management, James founded Allied Microbiota three years ago with Sambrotto, a Research Professor at Columbia University's Lamont-Doherty Earth Observatory. James and Sambrotto became interested in the commercial potential of biological soil remediation products that were being developed in the lab.

Despite some commercialization setbacks—as James says, "laboratory technologies can be difficult to scale up, and we certainly ran into our share of challenges"—yet fueled by funding and assistance from the National Science Foundation, PowerBridgeNY, SUNY-Stony Brook, NYSERDA, and others, Allied Microbiota is now in the large-scale testing phase for its PacBac product. 

PacBac uses naturally occurring, non-pathogenic thermophilic bacteria to naturally destroy soil contaminants that are difficult and expensive to clean up using current remediation technology. These recalcitrant contaminants include a rogues' gallery of dangerous chemicals—dioxins, polychlorinated biphenyls, polycyclic aromatic hydrocarbons, benzene, toluene, and xylene—that are often deposited in soil by industrial processes, creating dangerously polluted brownfield sites. 

"These are pretty toxic soil contaminants that resist decomposition," observes Sambrotto. "Current treatment methods include dredging the soil and disposing of it in a landfill or thermal destruction. These methods are expensive, use a lot of energy, and are not sustainable. PacBac is both an effective and cost-effective biological solution that uses a bacterium and enzymes. It degrades contaminants very fast." 

Supervised by Professor Danna, the student research team made observations and recommendations in three areas that will help Allied Microbiota bring PacBac to market. "We created a patent landscape and researched the chances of Allied Microbiota obtaining a patent. We also completed a freedom-to-operate analysis, to see what patents are out there and to determine if Allied Microbiota may infringe any of them," explains Sherwood. "The regulatory section was a challenge because it's a heavily regulated sector. We identified permits required, which are often concerned not with the remediation itself but with moving contaminated soils."

According to Sherwood, the market analysis section of the report proved very fruitful. "We identified competitors and potential customers. The market for bioremediation is potentially huge, with companies under order to clean up sites and consumers demanding more environmentally friendly methods of removing contamination."

"The remediation market is huge," agrees James. According to the US Environmental Protection Agency, there are more than 450,000 brownfield sites in the US and more than 1,300 "superfund" priority list sites known to be releasing extremely hazardous substances. James says the remediation market potentially could be worth $65B by 2025.

Allied Microbiota is currently testing PacBac in collaboration with Clean Earth, a specialty waste management company. James says that small-scale field tests have been positive, and now the companies are working together to expand the testing with the goal of eventually decontaminating commercial grade sites. "We know the product works well, and we know how to implement it. Now we need to scale it up and offer it at a commercially viable price." 

Commentary: Are Nonresident Aliens Exempt From the Loss of Personal Exemptions?

Robert Nassau

By Robert Nassau
Director, Low Income Taxpayer Clinic

(Re-published from Procedurally Taxing | Jan. 29, 2019) Until recently, I thought I had left International Tax in my side-view mirror (“rear-view mirror” is a cliché, and I was taught to avoid those).  Back when dinosaurs roamed the Earth and I was a Big Law Tax Associate, three of my “specialties” were Eurodollar transactions, foreign tax credit maximization, and FIRPTA (don’t bother to look it up), none of which was relevant when I moved to Little Law, but all of which validated my bona fides when Syracuse University College of Law was looking for an adjunct to teach International Tax.  Years later, SUCOL had sadly dropped International Tax, but happily added a Low Income Taxpayer Clinic, which I, as the devil they knew, got to direct.  And, as they say, the rest is history.  (So much for avoiding clichés.) 

Last year, our Clinic formed a relationship with the Legal Aid Society of Mid-New York, through which LASMNY referred to us a number of foreign “temporary agricultural workers.” These gentlemen, mostly from Jamaica, validly reside in the United States and work in our agriculture industry.  They receive H-2A Visas and have Social Security Numbers.  Some come every year; some come for two or three months; and some come for as long as six or seven months.  (For those readers whose notion of New York is Broadway and Wall Street, please note that the Empire State is #2 nationally in apple production, #2 in cabbage (think sauerkraut), #3 in pumpkins and grapes (we have over 400 wineries), and #4 in sweet corn, squash and snap beans.  We are also #1 in the world, both quantitatively and qualitatively, in maple syrup.  Take that Justin Trudeau!)   

For tax purposes, these non-US citizens are classified either as resident aliens, in which case their income tax treatment is nearly identical to that of a citizen, or nonresident aliens, in which case their income tax treatment is governed by special rules in Subchapter N of the Code (Section 861 et seq.).  The definitions of resident alien and nonresident alien are set forth in Section 7701(b), which, for the holder of an H-2A Visa, looks to a formula based on days of physical presence within the United States.  By way of simple example, someone in the US for 90 days a year would always be a nonresident alien (“NRA”), whereas someone in the US for 150 days a year would quickly become a resident alien.   

Among the special rules governing the tax treatment of NRAs are Sections 873(a) and (b), which limit an NRA’s allowable deductions.  For tax years prior to 2018, an NRA was not allowed a standard deduction, but was allowed a personal exemption, pursuant to Section 873(b)(3), which provided – and still provides:

The deduction for personal exemptions allowed by section 151, except that only one exemption shall be allowed under section 151 unless the taxpayer is a resident of a contiguous country or is a national of the United States. 

Now comes TCJA 2018, which, as we all know, was not the poster child for precise statutory draftsmanship, but did, for tax years 2018 through 2025, eliminate personal and dependent exemptions, replacing them with a larger standard deduction and expanded child tax credit.  Or at least it did this for US citizens and resident aliens.  But what about NRAs? ...

Read the whole article.

2Ls William Wolfe & Omar Mosqueda Featured in Bar Reporter

OCBA Bar Report March 2019

Diversity & Inclusion Interns Rock

(Re-published from OCBA Bar Reporter | March 2019) Syracuse was at first unfamiliar to [second-year College of Law] law students William Wolfe and Omar Mosqueda.

The OCBA Diversity and Inclusion Committee together with the William Herbert Johnson Bar Association earlier this year recommended both 2Ls for the CNY Legal Diversity Internship Program.

The bar associations co-sponsor the program that seeks to increase diversity in the legal profession in Syracuse by attracting second- and third-year law students to work in paid positions with area law firms and legal employers for the spring semester.

These 10-week internships offer Wolfe and Mosqueda each 10 hours of work a week and a stipend of $1,800. Plus free parking.

In 2018, the program’s inaugural year, the Hancock Estabrook law firm welcomed [College of Law alumnus] Julian Harrison L'18, the first Diversity Intern. This year, Mosqueda, accepted the internship at the 130-year-old law firm.

“Hancock Estabrook is proud to have been the first law firm to participate in this program, and we look forward to its continued growth. We believe it is an important tool in promoting greater diversity in the legal profession and local bar association,” said Robert Whitaker, chair of the firm’s Labor & Employment Practice Group.

“This program offers a great opportunity for students to gain private law firm experience and build their resume, while also allowing firms like ours to more deeply self-reflect based on feedback from law students as to how we may improve diversity.”

Joining Hancock this year is Bond, Schoeneck & King, another long-established Syracuse firm, where William Wolfe heads two afternoons a week, plus Fridays from 9 a.m. to 2 p.m.

“They do a good job making me feel welcome,” Wolfe said. He didn’t expect it, but when he arrived at BSK Wolfe was introduced to nearly every attorney whose door was open, and he was shown his own “nice, neat office.” “I was shocked,” he said.

Aware of his interest in litigation, the bulk of his assignments are from that department and consist of drafting memoranda, client letters, and researching applicable statutes, and case law.

“We greatly appreciate the opportunity to participate in the internship program this semester. While Will is getting real life work experience, we also benefit. Over the years Bond has hosted diverse interns throughout our different offices and we will gladly continue to do so, not only because we benefit from new thoughts and perspectives during the semester of the internship, but also because some of our post-graduation hires have resulted from these types of programs,” Bond management stated.

Wolfe hails from Chicago’s west side, a notoriously rough area of a city known for its storied criminal past and present ...

Read the whole article (Bar Reporter pp6-8)

Aparicio & Carbajal Reach Quarterfinals of the Herrara Moot Court Competition

3Ls Esther Aparicio and Kelsea Carbajal with coach Jose Perez L'07

Third-year students Esther Aparicio and Kelsea Carbajal reached the quarterfinals of the annual Uvaldo Herrera National Moot Court Competition, which took place during the 2019 Hispanic National Bar Association’s Corporate Counsel Conference, March 20-23, 2019, at the Albuquerque (NM) Convention Center. 

Now in its 24th year, the Herrara Moot Court Competition attracted 32 teams to argue the case of Jed Akers and National Cable Channel v. Lorna K. Fuentes, US President. 

"The competition is always a constitutional law problem that is presented as though to the Supreme Court," explains Carbajal. "This year, the problem involved the revocation of a White House correspondent’s press pass and its implications regarding the 1st and 5th amendments to the Constitution. The competition consists of a brief and an oral argument." 

This year the team was coached by Professor Suzette Meléndez and alumnus Jose Perez L'07, with Perez traveling to Albuquerque with the team. 

Michael Schwartz to Keynote University of Bialystok Disability Conference

Michael Schwartz

Professor Michael A. Schwartz, Director of the Disability Rights Clinic, will be one of three keynote speakers at a disability law conference organized by the Faculty of Law, University of Bialystok, Poland on April 11-12, 2019. The Polish university is an international partner of the College of Law. 

At the conference—titled "Axiological and Legal Aspects of Disability"—Schwartz will discuss "The Ontology of Being Deaf in an Aural World." Addressing some of Schwartz's themes, the conference's tracks will examine the philosophical, legal, ethical, theoretical, health, educational, and practical aspects of disability. Other keynote speakers are Professor Gracienne Lauwers, Vrije Universiteit, Brussels, Belgium, ("Generating Awareness and Capacity of Schools to Implement Adequately the Rights of Pupils with Disabilities") and Professor Anna Drabarz, Faculty of Law, University of Bialystok ("Measuring the Effectiveness of Disability Rights: Some Challenges of Collecting, Analyzing, and Reporting Disability-Related Data"). 

Schwartz, Professor Cora True-Frost, and alumnus Eric Namungalu LL.M.'18, are featured in a special disability studies issue (volume 23 issue 4) of the peer-reviewed Białostockie Studia Prawnicze (Bialystok Legal Studies). Schwartz is also a member of the disability conference's Scientific Committee, along with Professor Lauwers and Professor Maciej Perkowski, University of Bialystok. 

Cora True-Frost Pens OpEd on the Rwandan Genocide Anniversary

Cora True-Frost

What Have We Learned From the Rwandan Genocide?

By Cora True-Frost

(Re-published from U.S. News & World Report) This first week of April marks the 25th anniversary of the Rwandan genocide, a three-month long massacre during which Hutu militants killed an estimated 800,000 Tutsis and moderate Hutus after the Hutu president was killed. The international community responded to the atrocities late, and then sought accountability after the genocide by establishing the International Criminal Tribunal of Rwanda (ICTR) to try those most responsible.

It is important that we remember the horror of the genocide and reflect on the mistakes made, in order to work toward a more peaceful future. One of the main takeaways from the ICTR's atrocity trials is that words matter.

The world of the Rwandan genocide may to most people seem far removed from the United States. It does not to me. I am a law professor who grew up an Army brat, often abroad. I graduated high school in Nuremberg in the former West Germany – the site of the famous Nuremberg Tribunal held in the wake of the Holocaust. I know that words matter. Always mindful of the horrors of the Holocaust and the ways that democratic majorities can scapegoat and dehumanize minorities, my professional focus has been in constitutional and international law.

The law, and particularly international criminal trials, should teach us about past mistakes. The legacy of Rwanda's genocide has some compelling messages for American people about the power of our words, and the danger of hate speech. Few of us are immune to the polarizing media coverage. Our leaders and media pundits use generalizations about cultures and fear-mongering to drive home support for policy in a very profound and impactful way. Creating hate as opposed to understanding will lead to repeat mistakes.

This week in particular, we should heed the legacy of Rwanda's genocide, reminding our nation of what can happen when we don't identify and speak about the impact that fear has on our united psyche.

We Americans know words matter. We famously have strong free-speech protections. We are outliers in the international community for refusing to penalize hate speech. However, even those of us with the strongest commitments to free speech understand that speech can be dangerous and even constitute incitement ...

Read the full article.

Roy Gutterman Speaks to Spectrum About Ending the Release of Mugshots

Roy Gutterman

State Police to End Release of Booking Photos, Per Budget Agreement

(Spectrum News | April 4, 2019) Booking photos will no longer be released automatically by the New York State Police as part of an agreement in the newly-approved state budget.

The State Police will release booking photos, commonly known as mugshots, only if there is a “specific law enforcement purpose” the agency said in a statement on Wednesday. Exceptions include searching for fugitives or missing people, they said ...

... "I see a slippery slope. That if the government is going to wake up one day and say 'Well, maybe we don't want this information to go out' maybe other types of important public information will be withheld too," said Roy Gutterman, Syracuse University media professor ...

Read the full article.

Syracuse Civics Initiative & NYEx Students Participate in the Northern District’s Live Courtroom Reenactment

3L Michael Varrige, Kim Wolf Price L’03, 3L Jenifer Taylor, Judge Dancks L’91, 3L Alexander Robinson, 2L Katherine Brisson

The US District Court of the Northern District of New York recently hosted a live courtroom reenactment of the US Supreme Court case Russo v. Central School District No. 1 that included timely discussions of patriotism, loyalty, and the First Amendment. This re-enactment was part of the Second Circuit’s Justice for All Program. 

Syracuse Civics Initiative (SCI)Co-Directors Professor Kim Wolf Price L’03 and Professor Lauryn Gouldin—along with civics fellows 3L Matt Wallace and 2L Katherine Brisson—promoted this event to students at the College of Law and many school districts throughout Central New York. Since this is an annual event hosted by the Second Circuit’s Justice for All Program, SCI expects to continue its involvement with live courtroom reenactments in the future.

NYEx students Brisson and 3Ls Alexander Robinson, Jenifer Taylor, and Michael Varrige—along with Wolf Price—all had speaking rolls in the live reenactment. The reenactment brought together members of the Central New York legal community in an effort to inspire area high school students to engage in civics learning and discourse. US District Court Judge Mae D’Agostino L’80 directs the reenactments for the Northern District of NY with the assistance of US Magistrate Judge for the Northern District of New York the Hon. Therésè Wiley Dancks L’91 and Chief Judge of the US Bankruptcy Court for the Northern District of New York.

The Syracuse Civics Initiative is a Syracuse University CUSE (Collaboration for Unprecedented Success and Excellence) Grant project. Through the Initiative, Gouldin and Wolf Price are working with courts, bar associations, school districts, and other organizations to develop and promote civics education programming for Central New York. 

Pictured are (L to R): 3L Michael Varrige, Kim Wolf Price L’03, 3L Jenifer Taylor, Judge Dancks L’91, 3L Alexander Robinson, and 2L Katherine Brisson.

Syrian Accountability Project Releases Report on 2018 Gaza Demonstrations

An Endless Tragedy: A Report on the Incidents Regarding Demonstrations in Gaza

Syracuse University College of Law students working for the Syrian Accountability Project have released an exploratory account of the violence that has occurred along the border of the Gaza Strip and Israel starting in March 2018. "An Endless Tragedy: A Report on the Incidents Regarding Demonstrations in Gaza" examines acts of violence perpetrated by both sides of a conflict that has become known by Palestinians as "The Great March of Return". The report—supervised by Distinguished Scholar in Residence David M. Crane L'80—has been sent to the United Nations, which continues its own analysis of the conflict through the UN Human Rights Council Independent International Commission of Inquiry, of which Crane is a former member. 

Authored by third-year law students Margaret Mabie and Brandon Golfman, the report covers actions that took place through December 2018. On March 30, 2018, violence erupted along the Gaza/Israel border fence as Palestinians began protesting Israel's blockade of Gaza and demanding the "right of return" to land lost in the 1948 Arab-Israeli war. 

According to the Office of the UN High Commissioner for Human Rights, the ongoing protests—which have continued into 2019—have claimed the lives of 189 Palestinians (with roughly 19,000 injured) and one Israeli soldier. Israel's use of deadly force—against what it claims are militants aligned with Hamas—was condemned in June 2018 by UN General Assembly Resolution ES‑10/L.23. This resolution calls on Israel to protect Palestinian civilian protesters, to allow humanitarian assistance into Gaza, and to work toward mediation with the Palestinian government. 

"We looked at potential crimes committed by all sides in the conflict," says Mabie, "and we wanted to inspect the facts because no amount of politicking can erase reality. We want the report to be seen as neutral and measured. We weren't doing the bidding of any side in the conflict."

The report's structure, explains Mabie, follows that used by SAP in its reports on the Yazidi Genocide, the gas attack on the Syrian province of Idlib, the Siege of Aleppo, and sexual violence in the ongoing Syrian Civil War. 

The Gaza report begins with a historic overview of the conflict between Israel and Palestine and an examination of "Nabka" (the 1948 Palestinian exodus) and "Nabka Day," which the 2018 demonstrations were intended to commemorate. After an overview of the 2018 protests, the report then provides a highly detailed, day-by-day analysis of the violence in its Conflict Mapping Narrative, which uses open sources and on-the-ground reporting to pinpoint legally relevant acts perpetrated by all sides of the conflict. The narrative is accompanied by a Crime Base Matrix that isolates acts of violence that may constitute war crimes or crimes against humanity, with specific articles of international humanitarian law cited for each act. 

At the heart of the report is the question about what differentiates ordinary civic protest from armed, asymmetric conflict. On one side of this question is the fact that the March 30, 2018, demonstration began with "an estimated 30,000 Palestinians gathered at six points along the border to protest Israel’s policy toward Palestine ... [many] bussed by Hamas". The report's Crime Base matrix for that day notes that "Palestinian protesters hurled rocks at Israeli soldiers and rolled burning tires toward the border fence ... [which] served as the predicate act for Israeli use of force against the protesters." 

On the other hand, the June 2018 UN resolution expresses "deep alarm at the loss of civilian lives and the high number of casualties among Palestinian civilians, particularly in the Gaza Strip, including casualties among children, caused by the Israeli forces". In February 2018, the UN Independent Commission of Inquiry released its own analysis of the Gaza protests, titled "No Justification for Israel to Shoot Protesters with Live Ammunition". 

"An Endless Tragedy" recommends that individuals on both sides of the conflict responsible for alleged war crimes and crimes against humanity should be prosecuted by a domestic court of competent jurisdiction or "failing that, the United Nations Security Council should exercise its authority to submit the matter to the Prosecutor of the International Criminal Court in accordance with Article 13(b) of the Rome Statute." 

Spring 2019 International Scholar Series Begins with Talks on Arbitration, the Mafia, and Egyptian Protest

Gian Marco Bovenzi discusses the “Anatomy of Mafia-type Organizations”

On April 3, 2019, the Syracuse University College of Law Office of International Programs began its spring International Scholar Lecture Series with three short lectures, on arbitration in Madagascar, Mafia-type Organizations in Italy, and recent protests in Egypt.

In “The Road Less Traveled: Exploring Arbitration in Madagascar,” Fulbright scholar Michelle Rafenomanjato discussed how arbitration has emerged in Madagascar and addressed key challenges and opportunities faced by the Malagasy Arbitration Center over the years. 

“Anatomy of Mafia-type Organizations” explored past and current Italian struggles against organized crime. Gian Marco Bovenzi explained the organizations' dynamics, structure, crimes, and victims, as well as how this phenomenon affects Italian society and economy and the legal framework used to tackle it.

The recipient of an Open Society Foundations Civil Society Leadership Award, Hassan Mosad Ahmed addressed the connection between graffiti and protest in Egypt over the past eight years in “Graffiti and Protest in Egypt to Promote the Rule of Law”.  

2Ls Aubre Dean and Julia Wingfield Win the 47th Annual Mackenzie Hughes LLP Edmund H. Lewis Appellate Advocacy Competition

2Ls Aubre Dean and Julia Wingfield

2Ls Aubre Dean and Julia Wingfield prevailed over 3Ls Elle Nainstein and Diane Williamson in the 47th Annual Mackenzie Hughes LLP Edmund H. Lewis Appellate Advocacy Competition. Wingfield was selected as Best Advocate and 2Ls Rick Miller and Carly Rolph won the Best Brief award.

Final round judges were the Hon. Rosemary S. Pooler, US Circuit Judge of the US Court of Appeals for the Second Circuit; the Hon. William Q. Hayes L’83, US District Judge for the Southern District of California; the Hon. David N. Hurd L’63, US District Judge for the Northern District of New York; the Hon. Brenda K. Sannes, US District Judge for the Northern District of New York; and the Hon. Diane L. Fitzpatrick, Judge on the New York State Court of Claims.

CALI Lessons Can Assist with Final Exam Preparation

CALI (Center for Computer-Assisted Legal Instruction) offers hundreds of online tutorials covering many Law School subject areas.  These lessons can be very helpful to law students in reviewing course material for final exam preparation.  

Users need to register on the CALI website in order to use the interactive lessons.  Stop by the Reference Desk for our law student authorization code which is necessary for registration.  The code can also be obtained from Robert Weiner, Electronic Services Librarian. 

James E. Baker Delivers Remarks on Counterterrorism at Oklahoma City University School of Law

James E. Baker

INSCT Director the Hon. James E. Baker was a participant at the 2019 Stephen Sloan Seminar at Oklahoma City University School of Law on March 28, 2019. His remarks—delivered in conversation with Homer S. Pointer, Senior Fellow of the Murrah Center for Homeland Security Law and Policy—were titled “The Evolving Legal Framework of Counterterrorism.”

This year’s Sloan Seminar—“Assessing the Future of Domestic and International Terrorism”—was billed as a “a conference honoring the ground-breaking contributions of Dr. Stephen Sloan to the field of counterterrorism, [bringing] together experts in counterterrorism analysis, policy, and national security law.” It was co-sponsored by the Murrah Center and the Center for Intelligence and National Security at the University of Oklahoma.

Among other pressing topics, Baker addressed the recent attack in Christchurch, New Zealand, the role of corporate social responsibility in regulating social media content, the First Amendment implications of regulating hate speech, and Section 230 of the Communications Decency Act. “Law,” he noted, “is one thing that unites all Americans. By ‘law’ I mean the principles of justice, due process, and security, not specific provisions of individual laws.” He added, “This law is America’s national security strength and virtue.”

In addition to Judge Baker’s remarks, other speakers explored “The US Perspective on the Future Direction of Terrorism,” “The European Perspective on the Future Direction of Terrorism,” and “Reflections on 40 Years of Counterterrorism Efforts, the Operational Dynamics of Terrorism, and What Lies Ahead.”

Joining Judge Baker at the seminar were Michael J. Boettcher, Senior Fellow at the University of Oklahoma Center for Intelligence and National Security; David N. Edger, Managing Director and Founder of 3CI Consulting LLC and former CIA officer in the clandestine service; Robert A. Kandra, Senior Advisor with the Chertoff Group, Advisor to the XK Group, and former CIA officer in the clandestine service; Homer S. Pointer, Senior Fellow of the Murrah Center for Homeland Security Law and Policy, Oklahoma City University School of Law; Magnus Ranstorp, Research Director at the Centre for Asymmetric Threat Studies, Swedish National Defense University; James L. Regens, Regents Professor and Founding Director of the University of Oklahoma Center for Intelligence and National Security; and Stephen Sloan, Noble Foundation Presidential Professor Emeritus of Political Science, University of Oklahoma. 

3L Matthew Wallace Profiled by American Bar Association

3L Matthew Wallace, with 3L Gabrielle Bull

Larger than life: Matthew Wallace represents students nationwide

(ABA for Law Students | March 28, 2019) Can you imagine being the voice of 140,000 law students nationwide? Matthew Wallace can since that’s his current role as the ABA Law Student Division law student at-large to the ABA Board of Governors. His overarching goals in representing law students throughout the country are transparency, advocacy, and solidarity.

These concepts have guided his representation throughout his term this year and will likely remain prevalent when the next student representative fills his shoes.

Why transparency is critical

“I was concerned by the recent closures of law schools across the country, as well as the mounting student debt crisis,” said the 3L student at Syracuse University College of Law. “While I want all students to achieve their dream of being a lawyer, I also believe in setting practical expectations so that every student knows what lies ahead.”

To achieve this concept, Wallace has continued the work of previous LSD leadership in working to allow undocumented students to take bar exams. He has also worked to renew the ABA’s commitment to its advocacy for public service loan forgiveness.

A resolution Wallace has been very active advocating for is the upcoming change to ABA Standard 316. The modification would require that all law schools have a 75 percent bar pass rate within two years of graduation for each class or risk losing accreditation.

“While this resolution aligns with my goal of promoting transparency by ensuring that law schools adequately prepare students who can pass the bar, it also presented unprecedented challenges in that it would jeopardize the accreditation of schools with a high minority attendance,” Wallace said. “It’s for this reason that the LSD voted to oppose this resolution and actively campaigned against it at the 2019 ABA Midyear Meeting.”

Wallace is frank in his thoughts for the future of the ABA. “As our demographics and the world around us morph daily, we stand at a threshold never encountered before,” he said. “When people look back at my time on the LSD Council, I want them to see someone who successfully navigated the relentless changes and left the LSD in a position to succeed moving forward.”

A history of advocacy

In his role as the law student at-large on the Board of Governors, Wallace speaks on behalf of all 140,000 law students before the board and the association. “With a 44-member board, it’s easy to see how the law student voice could be drowned out in a sea of strong personalities,” Wallace said. “To counter this, I consistently remind myself that law students represent the largest majority of ABA members and the future of the profession.

“We deserve a right to help craft the future of the ABA, and that’s a message I’m proud to carry forward before the board,” he said ...

Read the full article.

3L Donya Feizbakhsh was Recognized as the 5th Best Advocate at the Brooklyn Regional of the ABA National Appellate Advocacy Competition

Jennifer Taylor and  Donya Feizbakhsh

3L Donya Feizbakhsh was Recognized as the 5th Best Advocate at the Brooklyn Regional of the ABA National Appellate Advocacy Competition out of approximately 100 competitors. Donya is pictured on the right with her teammate 3L Jennifer Taylor.

Corri Zoli Presents Terrorism, Security Papers at ISA 2019

Corri Zoli

Corri Zoli, Director of Research at the Institute for National Security and Counterterrorism, presented two papers and was a panel discussant at the 2019 International Studies Association Annual Convention in Toronto, Canada, on March 27 and 28, 2019. 

At the Wednesday session of "Revisioning International Studies: Innovation and Progress," Zoli presented on the "Challenges for Contemporary Special Operations Forces" panel. Her paper—"Terrorist Critical Infrastructures, Organizational Capacity and Security Risk"—joined others on topics such as computer-mediated threat assessment, weak states, ethic conflict, and terrorists’ use of emerging technologies.

On Thursday, Zoli joined the "Shaping the National Security State" panel and read "Leviathan Revisited: Assessing National Security Institutions for Abuse of Power and Overreach." Other papers on this panel addressed civil‐military relations, the defense industry, and Cold War Military Balance. 

Later in the same day, Zoli was the Discussant on the panel "New Directions in Qualitative International Studies" chaired by Eric Stollenwerk of Freie Universität Berlin. This wide-ranging discussion looked at modern qualitative international studies through the lenses of multi-method research, philosophy, autoethnography, and public diplomacy. 

1L Joseph Tantillo Wins the 9th Annual Hancock Estabrook LLP 1L Oral Advocacy Competition

1L Joseph Tantillo and James P. Youngs
1L Joseph Tantillo prevailed over 1L Payne Horning in the 9th Annual Hancock Estabrook LLP 1L Oral Advocacy Competition final round.  Sixty-seven 1L students participated.

The final round was judged by the Hon. Margaret Cangilos-Ruiz, Chief Judge of the Syracuse Division of the US Bankruptcy Court for the Northern District of New York; 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; the Hon. Andrew T. Baxter, US Magistrate Judge for the Northern District of New York; and Dean Craig M. Boise. 

James P. Youngs, Chair of the Litigation Department, Hancock Estabrook, LLP presented the award.

Shubha Ghosh Weighs In on Charter Spectrum Controversy

Shubha Ghosh

Will Charter Spectrum Stay in New York?

(City & State NY | March 27, 2019) New York is tangled in a months-long, multi-front war with Charter—the merged entity of Charter Communications and Time Warner Cable—and the end to the conflict seems to keep getting further away. 

The state’s Public Service Commission revoked its approval of that 2016 merger in July, saying that Charter Spectrum failed to adequately extend broadband service throughout the state, which had been a condition of the merger. The PSC gave Charter 60 days to come up with an exit plan that would have another provider take over its services ...

... In this week’s “Ask the Experts” feature, we reached out to Aija Leiponen, a professor at Cornell University’s School of Applied Economics and Management; Richard Berkley, executive director of the Public Utility Law Project of New York; Shubha Ghosh, a professor at Syracuse University’s College of Law; Lawrence White, a professor of economics at New York University; telecommunications consultant Doug Dawson and labor reporter Bob Hennelly ...

Why did the Public Service Commission make this move to kick out Charter in July?

Shubha Ghosh: The PSC needed to take action to show it took access to cable services seriously. Charter, some perceived, was not moving fast enough under the terms of the approved merger to provide access to cable and Internet in underserved rural communities.

How will this conflict end?

Shubha Ghosh: It is hard to predict. An easy prediction is that the PSC and Charter will draw up timetables for Charter to follow, with protracted back and forth over the years. PSC is taking a hard line, however, and will not back down. So it may well be that the merger is unwound in New York state with the market, as it is, being open for options. Perhaps the market will provide options consistent with the PSC vision, perhaps not.

How should this conflict end?

Shubha Ghosh: One option is for the state to not unwind the merger but open up an auction for providers to serve rural areas. The deeper problem is the lack of competition in the cable industry which results from the technology and cost structure and lack of more coordinated federal and state oversight to develop communications infrastructure and more competition in the national marketplace ...

Read all the answers in the full article

Cora True-Frost to Moderate International Disability Law Panel at ASIL 2019

ASIL Logo

Professor Cora True-Frost will moderate the panel "International Disability Law and the Experience of Marginality" at the 113th American Society of International Law Annual Meeting in Washington, DC, on March 29, 2019.

The panel will address how disability issues increasingly shape the content of international law, including intellectual property law, humanitarian law, criminal law, and immigration and refugee law. But panelists will ask, Are disability issues fully integrated into the agendas of international law and institutions? Does disability as a "rights marker" generate normative, theoretical, and empirical avenues to interrogate issues of intersectionality? And are international legal institutions effective instruments for addressing disability, which directly affects at least fifteen percent of people globally? 

This panel will engage cutting edge questions related to how international law and institutions address disability rights and whether they can do more. Panelists will speak to how international human rights law addresses or evades the interaction of multiple categories of difference or experiences of marginality; critically evaluate international-level efforts to integrate disability concerns; interrogate the ability of international human rights law to address issues of identity or marker intersectionality; and propose measures to strengthen international law to tackle disability concerns and rights intersectionality more broadly.

True-Frost will be joined on the panel by Jane Buchanan of Human Rights Watch, disability rights activist Judith Heumann, Siobhán Mullally of National University of Ireland Galway, and Charlotte McClain-Nhlapo of the World Bank Group. 

College of Law Team of 3L Sophie Bober and 2L Aubre Dean Place Third at the Evans A. Evans Constitutional Law Moot Court Competition

College of Law Evans Team

3L Sophie Bober and 2L Aubre Dean placed third out of 24 teams at the annual Evans A. Evans Constitutional Law Moot Court Competition. The competition focuses on constitutional law issues.

During the competition, Bober argued whether college students have a property interest in higher education and Dean argued whether Batson challenges were appropriate for LGBTQ+ individuals.

College of Law to host 5th Annual Entertainment & Sports Law Symposium and CLE

The Entertainment & Sports Law Society will present the 5th Annual Entertainment & Sports Law Symposium at the College of Law on Friday, April 12, 2019, 9:45 a.m. – 3:30 p.m., in the Melanie Gray Ceremonial Courtoom.

The symposium will feature two panels—one on music licensing and one on NCAA amateurism—and will culminate with the final round of the College of Law’s first annual Sports Negotiation Competition.

Visit the Symposium’s webpage for more details and to register.

Panel 1:

Music Licensing: The Impact of the Music Modernization Act

Imraan Farukhi, Licensed Attorney and Assistant Professor of Television, Radio & Film, Syracuse University Newhouse School of Public Communications

Matthew Van Ryn, Senior Associate, Melvin & Melvin, PLLC

Candice Stephenson, Counsel of Rights & Clearances, Spotify

Ryan Raichilson, Director, Business & Legal Affairs, Sony/ATV Music Publishing

Panel 2:

NCAA Amateurism: How Current Rulings in the Court System Will Effect the College Game

Kevin Belbey L’16, Talent Representative, The Montag Group

Frank Ryan L’94, Partner, DLA Piper

James Zesutek L’75, Partner, Dinsmore and Shohl

Seth Greenberg, ESPN College Basketball Broadcaster


Each panel offers 1.5 CLE credits in the areas of professional practice for a total of 3 credits.

Final Round of Syracuse University College of Law Sports Negotiation Competition

Final Round Judges

Kevin Belbey L’16, Talen Representative, The Montag Group

James Zesutek L’75, Partner, Dinsmore and Shohl

John Wolohan, Licensed Attorney, Professor of Sports Law, Syracuse University Falk College of Sport and Human Dynamics

DCEx Students Meet with JDi Student Brig. Gen. Andrew Gebara at EEOB

DCEx students at the Eisenhower Executive Office Building

Distinguished Guest Lecturer Brig. Gen. Andrew Gebara recently hosted spring DCEx participants in the Eisenhower Executive Office Building (EEOB). EEOB lies within the White House Compound and houses a majority of the presidential staff. One of the current DCEx participants is placed in EEOB this semester and gave a tour of the building to his co-participants.

Gebara currently serves as the Deputy Senior Director for Defense Policy and Strategy for the National Security Council (NSC). The NSC is housed within the Executive Office of the President and is the principal forum for considering national security and foreign policy matters that include his senior national security advisors and cabinet officials. Gebara has served at this post since his detail from the US Department of Defense began in March 2018.  

In his role, Gebara is responsible for the formulation, coordination, and implementation of national policies concerning the nuclear enterprise, including force structure, employment guidance; weapons development; command, control, and communications; resource allocation; and strategic capability. 

Gebara gave students an overview of the NSC’s legal authorities and the process in which decisions are made. He also discussed how the NSC has transformed from administration to administration and provided an idea of what his daily operations look like.

Gebara is unique among DCEx speakers as he is currently a 1L in Syracuse University College of Law’s JDinteractive online law degree program. Students kindly and lightheartedly offered their 1L outlines to him as the seminar concluded. 

Students also heard from Col. Adam Ake, one of General Gebara’s colleagues. Ake discussed his remarkable career path from Army officer, to Assistant US Attorney, to presidential NSC staff member. 

Syracuse University College of Law, Syracuse Law Review to Host Symposium on Online Learning and the Future of Legal Education, April 26, 2019

On April 26, 2019, Syracuse Law Review will bring together legal education experts from across the country for a ground-breaking symposium exploring the impact of online education on law schools and the legal profession. The one-day symposium—“Online Learning and the Future of Legal Education”—will explore the challenges and opportunities presented by online learning.

The symposium comes at an important moment in legal education. Around the nation, law schools and law professors are pioneering new forms of online teaching. Many law schools now make select courses available online or have launched online master’s degree programs. A handful of schools—including Syracuse University College of Law—are even bringing their JD programs online. This new reality raises important questions and theoretical challenges for legal education and the practice of law more broadly.

The symposium will result in the first Law Review issue devoted entirely to exploring these questions. Authors presenting papers addressing the impact of online education on the legal profession include:

  • Jack Graves, Professor of Law and Director of Digital Legal Education, Touro Law Center 
  • Andrew P. Morriss, Dean, School of Innovation and Vice President of Entrepreneurship and Economic Development, Texas A&M University 
  • Eric S. Janus, President and Dean, William Mitchell College of Law
  • Nina Kohn, David M. Levy Professor of Law and Associate Dean for Online Education, Syracuse University College of Law
  • James McGrath, Professor of Law and Associate Dean for Academic Support, Bar Passage, and Compliance, Texas A&M School of Law
  • Michael Hunter Schwartz, Dean and Professor of Law, University of the Pacific McGeorge School of Law
  • Victoria Sutton, Paul Whitfield Horn Professor and Associate Dean for Digital Learning and Graduate Education, Texas Tech University School of Law
  • Noelle Sweany, Clinical Associate Professor, Educational Psychology, Texas A & M University Department of Education and Human Development
  • Kellye Testy, President and CEO, Law School Admission Council and Professor of Law, University of Washington School of Law 
  • David Thomson, Professor of Practice and John C. Dwan Professor for Online Learning, University of Denver Strum School of Law

In addition, the symposium will feature a lunchtime conversation on the regulatory and accreditation landscape for legal education with Barry Currier, Managing Director, Accreditation and Legal Education, American Bar Association. The conversation will be moderated by Syracuse University College of Law Dean Craig M. Boise.

To learn more about the Symposium and to read the full schedule and list of papers, visit law.syr.edu/online-learning-symposium-2019. To RSVP for the program, please email Stephanie Rinko at skrinko@law.syr.edu.

Corri Zoli Interviewed by CNY Central About the New Zealand Mosque Shootings

Corri Zoli

(CNY Central | March 15, 2019)

"We bring in a new perspective on an awful topic a name and a woman we turn to often in times like this. Corri Zoli is an assistant professor at the Maxwell school at Syracuse University ... why the recordings? why record what you've done?"

"I think this is a kind of classic terrorist tactic that we've been seeing since you know 2010 at the least where ISIS and al-Qaeda. I remember in the Toulouse attacks in France, for instance, where they recorded the attacks against a Jewish school with a GoPro video" ...


Distinguished Guest Lecturer Cody Carbone L’16 Discusses Public Policy Advocacy with DCEx Students

Cody Carbone L'16

Distinguished guest lecturer Cody Carbone L’16 recently hosted spring DCEx participants at Ernst & Young’s (“EY”) Washington, D.C. office.  Carbone currently serves as a Senior Associate for EY’s Office of Public Policy where he represents the firm and its partners on Capitol Hill and at federal agencies.  

Carbone started working at EY just days after completing the New York State Bar Exam in 2016.   Carbone described his role as an educator to Hill and agency staff members where he advocates for his clients based on the common interests each has and the facts EY has prepared.  Carbone mentioned the impact artificial intelligence will have on his industry’s clients in the coming years and how EY is adjusting infrastructure policy to best serve the clients under his leadership.

Carbone concluded the seminar with bar exam study tips: cut out all social media to keep the distractions at a minimum and to develop a routine that keeps you on track up until the day of the exam. 

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.

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. 

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.

Raising the Bar

Applying to law school can be a stressful undertaking. Determining where to apply, how to present yourself, what to include in your application and how to pay are all important aspects of the admissions process. 

We thought it would be helpful to provide a handy guide with all of this information in one place. With that in mind, please enjoy Syracuse University College of Law’s eBook, Raising the Bar: Preparing For Law School Word Document

Kim Wolf Price L’03 Featured in the New York State Bar Association Journal

Kim Wolf Price

Director of Externship Programs Kim Wolf Price L’03 is featured in the January/February 2019 issue of the New York State Bar Association Journal. Wolf Price is the focus of the Member Spotlight feature, where she answers questions about the legal profession and her path to becoming a lawyer. She discusses her involvement in the New York State Bar Association and the impact it has had on her career.

D'Ambrosio Jr. Named in Super Lawyers and Best Lawyers

Nicholas D'Ambrosio Jr

Nicholas D'Ambrosio Jr., Member at Bond, Schoeneck & King, was selected for inclusion in the 2018 Upstate New York Super Lawyers in the category of employment and labor, and the 2019 Best Lawyers in America in the categories of employment law-management; labor law-management; and litigation-labor and employment.

College of Law Team Finishes Second at the Carey Center/FINRA Tenth Annual Securities Dispute Resolution Triathlon

Securities Dispute Resolution Triathlon team

The team of 2Ls Chanan Brown, Jefferson Dedrick, and 3L Sarah Knickerbocker finished second overall at the Carey Center/FINRA Tenth Annual Securities Dispute Resolution Triathlon held at St. John’s University School of Law.

In addition to second overall, the team also scores second highest in the arbitration component of the event. Professor Gary Pieples coached the team.

During the Triathlon, student teams from law schools around the country meet over the course of two days to test their advocacy skills in the negotiation, mediation and arbitration of a securities dispute.

College of Law Team Wins Best Direct Examination at the Judith S. Kaye Arbitration Competition

Judith Kaye Team

The team of 3L Caroline Bertholf and 2Ls Molly McDermid and Jade Rodriguez received the Best Direct Examination award at the 4th Annual Judith S. Kaye Arbitration Competition. The team, who is coached by James Sonneborn and Casey Johnson, won the award out of a field of around twenty teams from law schools all across New York State and the greater NYC area.

The Competition is administered and conducted as a real arbitration; organized under the supervision of the American Arbitration Association (AAA), governed by the AAA's Commercial Arbitration Rules, and judged by the most established AAA arbitrators in the State of New York. The Competition is unique in that it calls on the students to actually arbitrate a case, with pre-hearing briefs, openings, direct and cross testimony, and closings.

Robin Paul Malloy Publishes New Book on Law and Economics

Law and Economics

Published by Carolina Academic Press, Law and Economics: An Introductory Toolkit for Lawyers is a general introduction to the intersection of two subjects that both address human behavior and the process of choice: "Law provides the infrastructure of economic activity, and economic activity fuels the need for law."

"It is not surprising that lawyers use economic concepts in practice, and economic ideas influence the opinions of judges," writes Professor Robin Paul Malloy, describing his new book. "Consequently, lawyers need to develop an understanding of core economic concepts if they hope to compete in the contemporary legal marketplace."

Law and Economics introduces legal practitioners, students, and business professionals to concepts such as choice, risk, efficiency, cost/benefit analysis, externalities, transaction costs, value, and supply and demand, among others. The book offers the tools needed to learn these concepts and to build a vocabulary in business and economics. 

Highlights include:

  • Clear organization based on 12 frequently referenced core concepts.
  • Core concepts include references to important ancillary concepts.
  • Explanations of concepts help to enhance business and economics vocabulary.
  • Straightforward illustrations and examples aid comprehension.
  • A glossary of common terms.

More information and ordering details can be found at Carolina Academic Press and Amazon.

College of Law Welcomes Spring 2019 LL.M. Cohort

Spring 2019 LL.M. students.

In January 2019, the College of Law welcomed seven master of laws students to Syracuse representing the legal education systems of Iraq, Italy, the United Kingdom, Poland, Palestine, Nigeria, and China. For the spring 2019 semester, the College also welcomes new visiting scholars from Brazil, South Korea, and Poland and hosts an exchange student from Italy.

This new group joins 29 returning LL.M. students and four visiting scholars who joined the College in Fall 2018, many of whom will be completing their degrees at the end of the spring semester.

"The incoming Spring 2019 LL.M. student cohort is diverse in both practice experience and professional interests," explains Assistant Dean of International Programs Andrew Horsfall. "Students arrive with existing expertise in criminal law, forensic science, financial services, and disability law, and having practiced as judges, professors, criminal defense lawyers, and in other professional and academic capacities. The strength and breadth of this cohort will no doubt enrich the academic experience of all our students." 

Spring 2019 LL.M. Students

Mohammed Al-Ezzi (Iraq)

Mohammed Al-Ezzi obtained his LL.B. from Al-Nahrain University College of Law in Baghdad, Iraq, in 2011. He practiced criminal and tax law in Iraq before arriving in the US in 2014. He plans to dedicate his studies to courses that will prepare him for the New York State Bar Exam.

Gian Marco Bovenzi (Italy)

Gian Bovenzi obtained his LL.B. at the University of Rome Tor Vergata in 2014 and a Masters in Forensic Science from Sapienza University of Rome in 2018. He worked as an intern in the UN Office for Drugs and Crime in 2015 and was admitted to practice law in Italy in 2017. Bovenzi plans to pursue courses in criminal and comparative international law while pursuing his LL.M. degree.

Gurjas Grewal (United Kingdom)

Gurjas Grewal obtained his LL.B. from the University of Leicester in 2018. Since graduating, he has worked as a commercial operations officer at TD Canada Trust. Grewal will focus his LL.M. studies in commercial law.

Mateusz Marciniak (Poland)

Mateusz Marciniak spent the fall semester in Syracuse as an exchange student and is returning to complete his LL.M. degree while also completing a degree in law and economics degree from Adam Mickiewicz University, a partner institution of the College located in Poznan, Poland. He will continue to study American business and economics law in his second semester.

Maher Masood (Palestine)

Maher Masood is a recipient of the LL.M. Fellowship offered by the Open Society Foundations Fellow for the Palestinian Rule of Law Program. He received his LL.B. degree in 2014 and Master of Public Law degree in 2016, both from Al-Azhar University in Gaza. He has served as a lecturer at the same university since 2014. Masood plans to study international human rights law while pursuing his LL.M. degree.

Ejiofor “Roland” Nwokedo (Nigeria)

Roland Nwokedi obtained his LL.B. from the University of Nigeria before attending the Nigerian Law School in 1996. He worked as an attorney and managing director of two financial services institutions in Nigeria before emigrating to Syracuse, NY, in 2017. He desires to pursue courses in corporate law, banking law, and subjects that will prepare him for the New York Bar Exam.

Shuai Yuan (China)

Shuai Yuan obtained his bachelor of law degree from the Science and Technology College of Nanchang University in 2012. Before arriving in Syracuse, he practiced criminal law specializing in defending individuals accused of homicide. Yuan will focus his studies on comparative law and the American legal system. 

Spring 2019 Exchange Students & Visiting Scholars

Martina Mangano (Italy)

Martina Mangano is enrolled at the University of Florence, Italy. She will pursue courses in civil law and criminal law.

Vinicius Correa (Brazil)

Vinicius Correa comes to the college from Brazil’s School of Federal Employment Public Prosecutors. He will engage in the study and interdisciplinary research of legal education to professionals in public organizations under the guidance of Professor Antonio Gidi.

Flavia Periera (Brazil)

Flavia Pereira will visit the College in January and February 2019. She is a professor at the Pontifical Catholic University of Rio Grande do Sol, in Porto Alegre, Brazil. Her research will investigate consumer regulations among the US and Brazil under the guidance of Professor Antonio Gidi. 

Hojin Choi L'16 (South Korea)

Hojin Choi is a 2016 graduate of the College of Law’s J.D. program. He worked as a Staff Attorney for Legal Services of Central New York, assisting in matters of its Disability Advocacy Program. He will visit the College from January through December 2019 and will research disability law and protections of refugees under the guidance of Professor Arlene Kanter.  

Marek Smolak (Poland)

Marek Smolak will visit the College in April 2019. He is a professor at Adam Mickiewicz University. His research will focus on the application of the "Balancing Formula" and moral reasoning in the situation of legal and moral pluralism under the guidance of Professor Rakesh Anand.

Luiz Dellore (Brazil)

Luiz Dellore will be visiting the College in January 2019. He holds a master’s degree and a Ph.D. in law and is a civil procedure law professor at Mackenzie University in São Paulo, Brazil. He has focused his research on res judicata, under the guidance of Professor Antonio Gidi, following Brazil’s 2016 implementation of a new Code of Civil Procedure

Mun Hui Kang (South Korea)

Mun Hui Kang is a judge with the Seoul District Court in Seoul, South Korea. She is visiting the College until December 2019. Judge Kang continues to study and research summary jury trials, their use in civil cases, and their potential as a dispute resolution mechanism in South Korea, under the guidance of Professor Gary Pieples.

Donghoo Sohn (South Korea)

Donghoo Sohn is a 2013 alum of the LL.M. program. He arrived in October 2017 and will conclude his research visit in March 2019. He is engaged in the study of American business law, mergers and acquisitions law, commercial law, and the observation of American legal practice, under the guidance of Professor Chris Day.

Mao Lin and Jie Meng (China)

Mao Lin and Jie Meng, husband and wife, are pursuing Ph.D. degrees at Soochow University. They are visiting the College until March 2019 and have engaged in a comparative analysis of internet privacy laws and the information privacy systems among China, the US, and other countries to benefit the development of internet privacy laws in China, under the guidance of professors William C. Snyder and Keli Perrin.

DCEx Students Meet with John Katko L’88 on Capitol Hill

John Katko meets with DCEx students in January 2019.

On Jan. 15, 2019, alumnus Rep. John Katko L’88 was a Distinguished Guest Lecturer for the Washington, DC, externship program, hosting Spring 2019 DCEx participants at the US Capitol and Rayburn House Office Building.  

Participants enjoyed a tour of the Capitol and then were seated in the public gallery of the House of Representatives, where they witnessed democracy at work as representatives voted on several bills.

Afterward, Katko invited participants to his office where he engaged them in a dialogue about his career as a federal prosecutor, his time as a member of the House, and his philosophy about how to be an effective negotiator and problem-solver. 

Katko detailed his extensive bipartisan efforts—including meetings in the White House with the president—to end the partial government shutdown that began in December 2018 as a result of a dispute over Southern border security. 

Noted Katko in a tweet after the visit, “Yesterday, several College of Law students visited my Washington, DC, office for a discussion. I shared with them my legal experiences, as well as engaged in a conversation about the current U.S. political environment. I am excited for the futures of these young students!”

Nina Kohn Discusses JDinteractive on Channel 9's Bridge Street

(LocalSyr.com | Jan. 17, 2019) Associate Dean for Research and Online Education Nina Kohn discusses SU's new interactive online law degree.


Peter Blanck Meets Ecuadorian President and Ministers to Proclaim First UD Building in Ecuador for People with Disabilities

Peter Blanck

On Jan. 14, 2019, Syracuse University Professor Peter Blanck, Chairman of the Burton Blatt Institute (BBI) and the Global Universal Design Commission (GUDC), met with Ecuadorian President Lenin Moreno, the First Lady, and Ecuadorian ministers to develop collaborative programs towards an inclusive country for Ecuadorians with disabilities. Blanck also presented to the Ecuadorian and Quito City governments the first recognition in Ecuador of GUDC principles for universal design (UD, aka “Design for All”).

“It is a great privilege and honor on behalf of BBI and the GUDC to acknowledge the world leadership of President Moreno and many others in Ecuador to further the inclusion of people with disabilities into society,” Blanck says.

BBI and GUDC have longstanding ties in Ecuador. Ecuadorian Ambassador to the United Nations Luis Gallegos Chiriboga is honorary Chairman of the GUDC Board of Directors, and Ecuadorian leader Maria Teresa Donoso is a GUDC representative.

While in Ecuador, Blanck also will meet with Ecuador’s Minister for Total Life, which oversees inclusive services for persons with disabilities, older adults, and children, and with Xavier Torres, President of the Ecuadoran National Council for Equality of Disabilities (CONADIS). Torres is a leader of disability rights in Ecuador and was representative of Ecuador and Latin America for the UN Committee for Surveillance of the Convention on the Rights of Persons with Disabilities.

On January 18, Blanck will give a public address to celebrate the opening of the Metropolitan Convention Center of Quito, the first GUDC-certified building in Ecuador and Latin America. During this visit, Blanck will discuss future collaborations among Ecuador, BBI, and GUDC with Minister of Tourism Rosy de Holguin, Quito Secretary of the Environment Veronica Arias, and former Quito Mayor Paco Moncayo.

In his public remarks, Blanck will promote accessible “tourism for all,” particularly for persons with disabilities and older adults to all parts of Ecuador. “Ecuador is a uniquely rich country in its natural beauty, from its beaches, to mountains and jungles, to the Galapagos Archipelago. I have been very lucky indeed to visit diverse cities, the Amazon, and the amazing Galapagos Islands.”

About the Global Universal Design Commission

GUDC is a not-for-profit corporation established to develop Universal Design (UD) standards for buildings, products and services. GUDC is developing UD voluntary consensus standards for commercial and residential buildings, which will expand access to buildings for all people, regardless of physical stature and varying abilities. The approved UD standards will help guide corporations and government entities in the creation of barrier-free facilities, providing diverse users with access to commerce, public services, entertainment, housing, and employment opportunities. 

William C. Banks Discusses Limits to Emergency Powers with LA Times

William C. Banks

Supreme Court has placed limits on presidential emergency powers, but that may not stop Trump

(Los Angeles Times | Jan. 9, 2019) More than a half century ago, the Supreme Court in one of its most famous decisions boldly put a check on executive power, one that has been cited repeatedly as proof the president cannot declare a national emergency to bypass Congress.

Many legal experts, however, say they are not confident the Constitution and the courts would stand in the way if President Trump were to declare a national emergency to fund a wall on the southern border. At issue is not the definition of an emergency, but the many expansions of presidential power written into law by Congress in recent decades.

When President Truman issued an order to seize control of the steel mills, no one questioned that the nation faced a true emergency. American troops had been pushed back in Korea, and a pending strike in the steel industry “would immediately jeopardize and imperil our national defense” and endanger “our soldiers, sailors and airmen engaged in combat in the field,” he declared in 1952.

But the high court stood firm and ruled the president did not have the power, acting on his own, to order the steel mills to keep running ...

... Moreover, bringing a lawsuit in court requires an injured plaintiff who has standing. And the court has ruled that neither lawmakers nor taxpayers have standing to sue over how the government spends money.

“Factually it is ludicrous to claim this is a national emergency, but who would have standing to challenge it?” said Syracuse law professor William Banks. “It could be a property owner who says his land has been diminished in value.” If so, however, such a case may take time to develop.

It is not clear that the Supreme Court will be willing to take up such a dispute or stand in the way of the president.

In 1952, all the justices were Democratic appointees, but the 6-3 majority rebuked the actions of a Democratic president.

Read the full story.

DCEx Spring Session Begins

Fourteen College of Law externs kick off the spring semester in our nation’s capital, working at government, military, congressional, law firm, corporate, and nonprofit placements. One of many externship options, DCEx provides students an intensive professional experience in Washington, DC, with a seminar that guides their understanding of DC’s unique legal landscape. 

This spring’s placements include:

Federal Government

  • US Dept. of Justice, Environment and Natural Resources Division
  • US Dept. of Justice, US Attorney’s Office for the District of Columbia
  • US Dept. of Justice, Civil Rights Division, Federal Compliance & Coordination and the Policy Office
  • US Dept. of Homeland Security, Immigration and Customs Enforcement, Immigration Law Practice Division
  • US Dept. of State, Bureau of Democracy, Human Rights and Labor, Office of Multilateral and Global Affairs
  • US Dept. of Commerce, Office of General Counsel, Employment and Labor Law Division
  • US Consumer Product Safety Commission, Office of Commission Chair Ann Marie Buerkle
  • US Dept. of the Interior, Office of Indian Gaming

Capitol Hill

  • Congresswoman Robin Kelly, 2nd Congressional District of Illinois

Federal Military

  • US Coast Guard Investigative Services

In-House Corporate Counsel

  • IQVIA

Law Firm

  • Sanford Heisler LLP
  • Landsman Law Group

Nonprofit

  • Insured Retirement Institute

BBI and GUDC Chairman Peter Blanck to Certify First Universal Designed Building in Ecuador

Metropolitan Convention Center of Quito, Ecuador

On Jan. 17, 2019, the Global Universal Design Commission (GUDC) will deliver—through GUDC Chairman Professor Peter Blanck of the Burton Blatt Institute—its first certification in compliance with commission standards outside the United States, to the Metropolitan Convention Center of Quito, Ecuador.

GUDC is a non-profit corporation created under the laws of the state of New York in 2008. It develops and promotes the understanding and use of Universal Design (UD) in buildings, products, and environments that are used by all people, to the greatest extent possible, without the need for adaptations, improvements, or specialized design. GUDC's Universal Design Standards for public use buildings seeks their adoption and application in public and private buildings for institutional and commercial use.

Delivered to the city by Quito Mayor Mauricio Rodas in August 2018, the Metropolitan Convention Center holds conventions and cultural events. GUDC carried out an analysis of the building's plans through its representative in Ecuador. The analysis examined the building's entrances and exits, surfaces, stairs and elevators, bathrooms, and doors and windows.

Recommendations led to improvements in the building's accessibility for people with physical, visual, auditory, and intellectual disabilities; people with reduced mobility, such as the elderly; those at extremes of height; and pregnant women and people with young children. 

UD certification was made in three categories: infrastructure, public space, and equipment. The Quito convention center is the first to be certified in Latin America. 

About the Global Universal Design Commission, Inc.

GUDC, a not-for-profit corporation, was established to develop Universal Design (UD) standards for buildings, products, and services. GUDC is currently developing UD voluntary consensus standards for commercial buildings, which will expand access to buildings for all people, regardless of physical stature and varying abilities. The approved UD standards will guide corporations and government entities in the creation of barrier-free facilities, providing diverse users with access to commerce, public services, entertainment, and employment opportunities. Buildings and products designed according to UD standards will benefit everyone, including the 650 million people living with disabilities worldwide and the growing aging population. Businesses stand to reap enormous benefits from the implementation and utilization of UD, including an increase in consumer base, customer loyalty, and an expanded labor pool. globaluniversaldesign.org

WSYR: First-ever online law program starts at Syracuse University

JDinteractive logo

(WSYR | Jan. 10, 2019) Law is the chosen field for nearly three dozen people in Syracuse University's newest law school class that started their program this week.

The university is offering a law degree program online-- the first ever full interactive law program approved by the American Bar Association. 

"I live within two miles of five law schools in Chicago, all of which have part-time programs, but I really am comfortable with this type of learning,” said Ray Scannell, an online law student through SU. 

Educators say the program is just as rigorous as if the students came to Dineen Hall everyday.

"We designed this program with the non-traditional student in mind. So this program is designed to make law school accessible to working professionals, caregivers, people who can't commit to being in one place for three years,” said Nina Kohn, the associate dean for online education at SU Law. 

It'll take students just over three years to finish the program and earn their law degree. The first class has 32 students from across the U.S. and three countries-- half are military or from military families.

View the full story and watch the video.

Wolf Price Chairs New York State Bar Association’s Constance Baker Motley Symposium

Kim Wolf Price

Kimberly Wolf Price L’03, Director of Externship Programs, is serving as the program Chair for the New York State Bar Association’s Constance Baker Motley Symposium being held as part of the Celebrate Diversity in the Bar event on January 14 from 5 p.m. to 8 p.m. at the New York Hilton Midtown. 

Celebrate Diversity in the Bar will begin with a moderated panel discussion followed by the presentation of the 2019 Diversity Trailblazer Award and reception. Wolf Price will serve as the emcee for the evening’s events.

In addition to Wolf Price, participants in the Symposium are:

  • Roosevelt Jean, Esq. L’03 (Moderator)
    Partner, McGivney, Kluger & Cook, P.C.
  • Angela Winfield, J.D.
    Associate Vice President for Inclusion and Workforce Diversity, Cornell University
  • Hon. Jenny Rivera
    Associate Judge, New York State Court of Appeals
  • Barbara Finkelstein, Esq.
    Executive Director, Legal Services of the Hudson Valley 
  • The Hon. Ona T. Wang
    United States Magistrate Judge, Southern District of New York
  • The Hon. Cheryl Chambers
    Associate Justice, New York State Appellate Division, Second Judicial Department

Participants in the College’s NYCEx program will be attending the event as part of their immersive New York City legal experience.

Celebrate Diversity in the Bar is part of the programming for the New York State Bar Association’s annual meeting.

State of Emergency: William C. Banks Guests on Renato Mariotti's On Topic Podcast

William C. Banks

Renato Mariotti and Patti Vasquez discuss the president’s “emergency” powers, including the limits of those powers, how they can be challenged, and how they should be reformed, with Syracuse Law Professor William C. Banks ...

Listen to the podcast.

Law.com: Syracuse's New Online JD Portends Popularity of Hybrid Programs

(Law.com | Jan. 9, 2019) Syracuse University College of Law this week kicked off its hybrid Juris Doctor program in which students complete the bulk of their coursework online—only the second such program in the nation approved by the American Bar Association.

The inaugural cohort of Syracuse’s JDinteractive program comprises 32 students selected from a pool of 241 applicants. The online students were subject to the same admissions standards as applicants to Syracuse’s residential program, and in fact the LSAT scores of the first admitted online class were higher than those of the residential students, said Nina Kohn, associate dean for online education at the school.

The high interest in Syracuse’s new hybrid bodes well for other schools with plans to break into online J.D.s. (Many law schools already offer LL.M.s, Masters in Law, and certificates online, but schools have experienced more barriers to obtain accreditation of online J.D.s, because of the ABA’s 30-credit limit on distance education.) Like Syracuse, Southwestern Law School and the University of Dayton School of Law have received variances from the ABA to offer those hybrid J.D.s that exceed the 30-credit limit, but those two programs aren’t due to launch until August. Still other schools have or plan to add hybrid programs that work within the existing 30-credit limitation by incorporating more on-campus time.

Mitchell Hamline School of Law in 2015 launched the first hybrid program and graduated its first class of online students in early 2018. (A spokesman for the St. Paul school was unable to provide data Wednesday on the current number of students or the bar pass rates of those who had completed program.)

Syracuse’s hybrid differs from existing offerings in part due to its emphasis on online classes delivered in real-time, alongside the more common self-paced online classes of other programs that allow students to complete them at their convenience. JDinteractive took four years of planning, Kohn said, and classes are taught primarily by the school’s regular law faculty.

“I think we have the potential to set the standard for what a quality legal education looks like in this online space,” she said.

Syracuse’s first hybrid class represents a departure from typical incoming law students. They are significantly older with an average age of 35, and 41 percent are first-generation college students. Most are midcareer or in senior roles in their fields and see a law degree as a way to either advance or take their careers in a new direction, Kohn said. They aren’t going to law school on a whim, but have a clear view of how they want to leverage their J.D.s, she added ...

Read the full article.

The Appeal Cites Lauryn Gouldin in Bail Reform Article

Lauryn Gouldin

The Failure to Appear Fallacy

(The Appeal.org | Jan. 9, 2018) When the judge set his bail at $3,000, Jonathan Broad*, 57, thought “All I want is to die free—not in jail.”

Broad was arrested in March 2016 and convicted of “criminal possession of a controlled substance.” When he appeared before the judge shortly after his arrest, he was unemployed and living in a homeless shelter in New York City and suffered from congestive heart failure, diabetes, and asthma. He could not pay the bail. A stint in jail, Broad knew, could be a death sentence.

Bail is not supposed to impose capital punishment, nor is it even supposed to be punitive. The institution of bail traces its history to medieval England, where it was meant to ensure that individuals charged with crimes didn’t evade justice. Since then, however, cash bail has transformed into a de facto form of pretrial incarceration, often for people who have simply been accused of low-level offenses, such drug or property crimes. According to the Bureau of Justice Statistics, nearly half a million people sit in jail waiting for trial nationwide, the vast majority of whom would be free if not for their inability to afford bail ...

... Court dates can drag out over months and even years, requiring a person who faces charges to return multiple times. Many courts are only open during weekday office hours, when many people find it most difficult to take time off from work.

In fact, the percentage of FTAs resulting from defendants absconding is exceedingly low, notes Syracuse University College of Law professor Lauryn Gouldin, author of a 2018 law review article on flight risk.

The largest study on court appearances to date, conducted by the Bureau of Justice Statistics between 1990 and 2004 in 40 of the 75 largest U.S. counties, found that more than three quarters of defendants showed up for all of their court dates. Of the minority that missed at least one hearing, 94 percent appeared in court within a year after their missed court date.

Nevertheless, in many jurisdictions, FTA rates make no distinction between a person who arrives five minutes late for a hearing and one who flees the country.  

“That seems like a real flaw to me,” Gouldin told The Appeal. “Every non-appearance is treated the same, making more innocuous, preventable non-appearances seem more risky.”

Meanwhile, an increasing number of studies show that FTA rates can be drastically reduced by simply redesigning confusing summons notices and sending text message reminders. A January 2018 University of Chicago study found that FTA rates dropped by almost a third (32 percent) one month after New York City implemented these changes ...

Read the full article.

Corri Zoli Analyzes Immigration Debate on WAER

Corri Zoli

SU National Security Researcher Takes Fact-Based Approach to Charged Immigration Debate

(WAER | Jan. 8, 2019) A Syracuse University researcher is trying to take the politics and emotions out of illegal immigration and border security, even with the president's address to the nation Tuesday evening.  Dr. Corri Zoli is Director of Research at the Institute for National Security and Counterterrorism.  She says the political dynamics on both sides are counter-productive to arriving at a more permanent solution for the southern border.

"If Congress had done a better job at clarifying immigration rules, laws, and statutes, which have been in need of reform for the last decade plus, then we wouldn't have this level of resorting to politicizing this issue because it would be clarified in the law."

So, Zoli says what we’re left with is a largely unsecured border that leads to a legal, humanitarian, and resource crisis.  She says Department of Homeland Security data show tens of thousands of people affiliated with drug and human trafficking cartels are penetrating the border every year. 

"We're seeing right now a real spike in unaccompanied minors and children essentially being dragged across the border.  Why are they doing that?  Because the complexities of our law create incentives for traffickers to have a child with them" ...

Read the full article.

Peter Blanck Co-Authors New Book on Supported Decision-Making

Peter Blanck

The UN Convention on the Rights of Persons with Disabilities (CRPD) recognized that people with disabilities should have the right to exercise their legal capacity and identified "supported decision-making" as a means by which people with disabilities can be directly involved in decisions that impact their lives. 

A new book co-authored by Burton Blatt Institute Chairman Peter Blanck offers an overview of supported decision-making's emergence in the disability field and highlights novel research, theory, and practice from the legal, psychology, education, and health fields. 

Blanck and his co-authors—Karrie A. Shogren, University of Kansas; Michael L. Wehmeyer, University of Kansas; and Jonathan Martinis, Syracuse University—describe the application of a social-ecological approach to supported decision-making, and they focus on implications for building systems of supports based on current environmental demands. 

Supported Decision-Making: Theory, Research, and Practice to Enhance Self-Determination and Quality of Life (Cambridge University Press, 2018) also introduces empirical research on critical elements of supported decision-making and applications of this method that enhance outcomes for the disabled.

College of Law Matriculates Inaugural JDinteractive Class

JDinteractive Class of 2022

On Jan. 7, 2019, Syracuse University College of Law matriculated 32 students into the inaugural JDinteractive (JDi) class in a ceremony in the Melanie Gray Ceremonial Courtroom, Dineen Hall. JDinteractive is the nation's first fully interactive online law degree. The ABA-accredited program combines live, online classes with self-paced classes and short residencies. JDi is designed to deliver the College of Law’s J.D. program to well-qualified students who cannot relocate for a residential program but who desire a high-caliber legal education.

The diverse and academically accomplished JDi Class of 2022 will spend the week of January 7-11 on the Syracuse University campus as part of its first residency. During the residency, students will take an intensive and immersive course designed to introduce them to the American legal system. JDi students also will meet with members of the College and University community, including Chancellor and President Kent Syverud, and enjoy a traditional Orange Nation tailgate party before watching Syracuse Orange play Clemson Tigers in an ACC basketball game. 

In welcoming the JDi Class of 2022 to the College of Law and to the University, Convocation speaker Adam J. Katz L'04, Assistant US Attorney for the Northern District of New York, said, “You are pioneers. You are students who embody the College of Law’s long-held dream of expanding its legal education beyond Syracuse, and we landed one heck of an inaugural class!”

Members of the JDi Class of 2022 are illustrative of the experienced, talented, and service-oriented students JDi has been designed to attract. 

  • Among the cohort are 15 military and military-affiliated students, including senior and non-commissioned officers and military spouses.
  • JDi students come to the program with substantial professional accomplishments in a broad range of fields—from health care to finance to social justice. The program welcomes medical professionals; paralegals; business owners and executives; real estate professionals; an environmental engineer; a border patrol guard; a social worker; and leaders of not-for-profit organizations. 
  • JDi students also exemplify a commitment to community service. In addition to military servicemembers, the cohort includes caregivers, community advocates and mentors, a choir director, and a volunteer football coach. 
  • Additionally, a number of students start the JDi program holding other advanced degrees in science, business, and social work. 

JDinteractive aims to increase diversity within the legal profession by making a high-quality legal education accessible for students for whom one might otherwise be out of reach. The inaugural class demonstrates this diversity:

  • 41% are first-generation College students.
  • The average age of JDi students is 35.
  • Students arrive in Syracuse from 20 states, as well as from Germany, Tanzania, and Japan.

“Congratulations to the inaugural JDinteractive Class of 2022. This professionally accomplished, service-minded group of students joins a truly groundbreaking program that raises the bar for online legal education and expands access to legal education in general,” says Syracuse University Chancellor and President Kent Syverud. “I commend College of Law Dean Craig Boise and University College Dean Mike Frasciello for forming a partnership that harnesses the online learning expertise developed by University College to translate the J.D. program into a format for working adults and others who seek a high-quality online law degree program. I am particularly pleased that service members and military spouses are represented in this cohort. I wish all the students and the program well, and I look forward to tracking their progress.”

“The matriculation of the JDi Class of 2022 marks a banner day for the College of Law. Designed with 21st-century practice in mind—like our residential J.D. program—JDinteractive will provide our online law students the knowledge and skills to thrive in the modern legal community,” says College of Law Dean Craig M. Boise. “I could not be happier that these academically impressive students have chosen to be the pioneers of our program, and I am excited to see what they, as the newest members of the College of Law family, will achieve.”

Delivering the College of Law’s outstanding legal education beyond its Central New York campus, JDinteractive incorporates both an interactive learning platform and technology-enabled services. JDi is a year-round, 10-semester course of study designed to be completed over three years and three months, with students taking an average of nine credits per semester. Online students take the same required courses as residential students, select among elective courses, and are provided with hands-on experiential learning and skills-building classes. To accommodate the schedules of students with work or other commitments, evening and weekend classes are offered.

A hallmark of JDinteractive is that more than half of class time takes place in “real-time,” with online students and professors interacting live in a virtual classroom. Self-paced class sessions with interactive exercises complement these live sessions. Students also attend in-person, short-residency courses on campus and at satellite locations. In addition, JDi students have the opportunity to participate in student organizations and to complete a legal externship—gaining critical practical legal experience—before graduation. 

“Over the past four years, College of Law faculty and staff have worked to develop a program that we believe will set the standard for online legal education,” says Associate Dean for Online Education Nina Kohn. “We’ve designed JDinteractive to combine the best of what happens in Dineen Hall’s classrooms with the power of technology to create an even more personalized and flexible approach to teaching and learning.”

In February 2018, the American Bar Association granted the College of Law a variance from ABA rules that limit online legal education to offer JDinteractive. As part of the variance process, the program’s design was closely reviewed by legal education experts. 

More information can be found at jdinteractive.syr.edu.

William C. Banks Contributes to The New York Times' Emergency Powers Explainer

William C. Banks

Trump’s National Emergency Powers and Border Wall, Explained

(The New York Times | Jan. 7, 2018) As the budget standoff between President Trump and congressional Democrats grinds into the third week of a partial government shutdown, the White House has floated the idea that Mr. Trump might invoke emergency powers to build his proposed wall on the Mexican border without lawmakers’ approval.

That route could resolve the immediate crisis by giving Mr. Trump a face-saving way to sign spending bills that do not include funding for his wall. But it would be an extraordinarily aggressive move — at a minimum, a violation of constitutional norms — that would most likely thrust the wall’s fate into the courts. Here is a primer on whether Mr. Trump can use emergency powers to proceed with the project without explicit congressional permission.

What are emergency powers?

The president has the authority to declare a national emergency, which activates enhancements to his executive powers by essentially creating exceptions to rules that normally constrain him. The idea is to enable the government to respond quickly to a crisis.

Although presidents have sometimes claimed that the Constitution gives them inherent powers to act beyond ordinary legal limits in an exigency, those claims tend to fare poorly when challenged in court.

But presidents are on firmer legal ground when they invoke statutes in which Congress delegated authorities to the executive branch that can be generated in emergencies. In a recent study, the Brennan Center for Justice at New York University School of Law identified 123 provisions of law granting presidents a range of such powers.

The National Emergencies Act, enacted during the post-Watergate reform era, regulates how presidents may invoke such powers. It requires them to formally declare a national emergency and tell Congress which statutes are being activated ...

... In light of those statutes and similar ones that give presidents flexibility to redirect funds in a crisis, the Trump administration could point to serious arguments to back up Mr. Trump if he invokes emergency powers to build a wall, said William C. Banks, a Syracuse University law professor who helped write a 1994 book about tensions between the executive and legislative branches over security and spending, “National Security Law and the Power of the Purse.”

“The fundamental principle is that no president or official may spend funds that were not appropriated for that purpose,” he said. “But I think that it’s possible that the president could declare a national emergency and then rely on authority Congress has historically granted for exigencies to free up some funds to support constructing a barrier along the border" ...

Read the full article.

Mythbusting: INSCT, IVMF Veterans Research Reported by Military Times

Corri Zoli

(Military Times | Jan. 5, 2019) Here’s something everyone can agree on: The way the public views veterans isn’t always accurate.

Take the assumption that all veterans have served in combat and have post-traumatic stress disorder, for example. Or that people only go into the military because they can’t get into college.

Those are just a couple of the “persistent, recycled myths” about veterans that Syracuse University researchers addressed during a session at the Student Veterans of America National Conference Friday, using both federal data and an 8,600-person survey of the military community to debunk some of the most common misconceptions about the nation’s youngest generation of veterans.

On one hand, studies by Gallup, Pew Research and others have shown there is “enormous public support (for the military) but at the same time a tremendous gap in knowledge about who we’re supporting,” said Corri Zoli, director of research at Syracuse’s Institute for National Security and Counterterrorism. “They don’t have a lot of granular detail about who they’re supporting and why.”

Myth 1: Veterans are a small subset of the population

The number that’s often thrown out is 1 percent, but that applies to active duty troops, researchers said. As of 2017, federal data show veterans make up 8 percent of the U.S. population, with post-9/11 veterans the fastest growing group among them.

Myth 2: Veterans join the military because they could not get into college and are uneducated

According to federal data collected in the 2017 Current Population Survey, 35 percent of post-9/11 veterans have a bachelor’s degree or higher, compared to 31 percent of all veterans and 32 percent of the general U.S. population.

Rosalinda Maury, a researcher with the Syracuse Institute for Veterans and Military Families, said education benefits tend to be a top recruiting incentive, and the military promotes and prepares service members for post-secondary education ...

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Faculty Present at the 2019 AALS Annual Meeting

Seven faculty members are kicking off the New Year in New Orleans, presenting at the Association of American Law Schools (AALS) Annual Meeting 2019. The program’s theme is “building bridges,” and focuses on the “vexing problems” of  deep political polarization that has infected civic life,” and the roles lawyers play in the decision-making and dispute resolution processes affected by the current political landscape, says AALS President Wendy Collins Perdue.

Faculty weigh in on various topics:

  • Robert Ashford: socio-economics
  • Jennifer Breen: immigration law
  • Shubha Ghosh: intellectual property
  • Arlene Kanter: international human rights
  • Nina Kohn: employee benefits and executive compensation
  • Robin Malloy: real estate transactions

Dean Boise will also speak about the online JD in a small group discussion with other law school deans.

Nina A. Kohn Elected to the American Law Institute

Nina A. Kohn

David M. Levy Professor of Law and Associate Dean for Online Education at Syracuse University College of Law Nina A. Kohn has been elected to the American Law Institute. Kohn joins judges, lawyers, and law professors from a wide variety of legal concentrations who have been announced as new members by ALI in December 2018.

"I am proud to have been elected to ALI and to be part of the impressive group of attorneys, scholars, and jurists who comprise the newest group of members," says Kohn. "I look forward to participating in ALI’s important work in the public interest, and to working with ALI to further the continuing development of the law."

The Institute was founded in 1923 following a study conducted by prominent American judges, lawyers, and teachers known as "The Committee on the Establishment of a Permanent Organization for the Improvement of the Law." Today, the American Law Institute is the leading independent organization in the US producing scholarly work to clarify, modernize, and improve the law. It drafts and publishes Restatements of the Law, Model Codes, and Principles of Law for the benefit of courts, legislatures, legal scholarship, and legal education.

A faculty affiliate with the Syracuse University Aging Studies Institute, Kohn’s research focuses on elder law and the civil rights of older adults and persons with diminished cognitive capacity. She served as the Reporter for the Third Revision of the Uniform Guardianship and Protective Proceedings Act; co-chairs the Elder Rights Committee of the Individual Rights and Responsibilities Section of the American Bar Association; and co-directs the Aging, Law, and Society Collaborative Research Network.

Her recent articles address such issues as supported and surrogate decision-making, financial exploitation of the elderly, vulnerability and discrimination in old age, the practical and constitutional implications of elder abuse legislation, and the potential for an elder rights movement.

College of Law Introduces the Inaugural Entertainment and Sports Law Negotiation Competition

Advocacy Honor Society Icon

The College of Law’s Advocacy Honor Society and Entertainment and Sports Law Society will hold the inaugural intra-college Entertainment and Sports Law Negotiations Competition on April 10-12, 2019. The competition will be open to all College of Law students, regardless of class year. The final round will coincide with the Entertainment and Sports Law Society symposium on April 12.

“The competition will be an intense exposition of negotiation skills and will provide students with another opportunity to hone those skills in a competitive context,” says Professor Todd Berger, Director of Advocacy Programs. “Further, the competition will provide a unique opportunity for those students who wish to enter the world of sports and entertainment law or those who are generally interested in the sports and entertainment world.”

With the Entertainment and Sports Law Negotiation Competition, the College of Law now offers five intra-school competitions across three divisions of competition—appellate, trial, and alternative dispute resolution—which enable students to develop the advocacy skills required to be an effective advocate.

“The Entertainment and Sports Law Society continues to build programming that explores different legal facets of the entertainment and sports industry,” says 3L Emma Coppola, President, Entertainment and Sports Law Society “Now with the negotiation competitions, students can gain valuable experience and skills that they will need in that profession.”


Advocacy Honor Society

Corri Zoli to Attend UNSC Counterterrorism Special Meeting on the "Madrid Principles"

Corri Zoli

INSCT Director of Research Corri Zoli has been invited to attend a special meeting of the United Nations Security Council Counter-Terrorism Committee on Dec. 13, 2018, in the Economic and Social Council Chamber, UN Headquarters, New York City. The meeting will discuss "Security Council Resolution 2396 (2017): A Review of the Madrid Principles," a document that provides guidance to member states on stemming the flow of Foreign Terrorist Fighters (FTFs) across national borders, while staying compliant with human rights laws and norms.  

In particular, explains UN Security Council Counter-Terrorism Committee Chair Gustavo Meza-Cuadra in his letter of invitation, the special meeting will tackle the issue of FTFs "in light of the evolving threat posed by foreign terrorist fighters, particularly FTF returnees and relocators and their family members." The review of the Madrid Principles also will examine gaps that may hinder states’ abilities to detect, interdict, prosecute, rehabilitate, and reintegrate FTF returnees and their families, as well as identify good practices.

Among the working sessions will be those on “border security and information-sharing”; “global research perspectives on cross-cutting trends”; “countering incitement, recruitment, and violent extremism”; and “judicial measures, international cooperation, and prosecution, rehabilitation, and reintegration strategies.” Invited discussants include Edmund Fitton-Brown of the Analytical and Sanctions Monitoring Team of the ISIL and Al-Qaida Sanctions Committee; Elisabeth Neugebauer, Deputy Special Representative, International Criminal Police Organization; and Tanya Mehra, International Centre for Counterterrorism, The Hague.

The Madrid Principles were developed from a July 2015 special meeting hosted by the Government of Spain and co-organized by the UN Counter-Terrorism Committee Executive Directorate (CTED), with which INSCT collaborates on counterterrorism prevention. This Madrid meeting was attended by member states from every region of the world, as well as representatives of international and regional organizations, universities, and civil society groups. Discussions and technical sessions identified 35 guiding principles that were subsequently adopted by the Security Council and offered as a practical tool for use by member states in their efforts to combat terrorism. 

Peter Blanck Comments on College Website Accessibility Lawsuits

Peter Blanck

(Inside Higher Ed | Dec. 10, 2018) Jason Camacho, a blind resident of Brooklyn, N.Y., is suing 50 colleges over the accessibility of their websites.

The 50 lawsuits, filed in November, say the colleges are in violation of the Americans With Disabilities Act, as their websites are not accessible to people with disabilities. Camacho uses a screen reader and said he experienced barriers when trying to access the colleges' websites.

Despite the court cases being filed in New York's Southern District, the institutions targeted are located all over the country. All are private colleges, universities or conservatories, and include large research universities such as Northeastern University and Drexel University. Both institutions said they do not comment on ongoing legal matters. Also being sued are Cornell University, Vanderbilt University, the California Institute of the Arts, Oberlin College, Loyola University New Orleans, the Savannah College of Art and Design, and many others.

The lawsuits, which all appear to have similar wording, argue that because the colleges recruit students in New York, the colleges can be sued in New York. All the colleges recently took part in a college fair in New York City for prospective students interested in performing and visual arts, which Camacho says he attended ...

... Filing large numbers of similarly worded ADA lawsuits against one type of business is sometimes referred to as “drive-by” litigation. This activity is widely seen as a means to get a quick settlement, rather than improve accessibility.

Whether Camacho is a disability rights advocate or an opportunist is irrelevant, said Peter Blanck, University Professor of law at Syracuse University and chairman of the Burton Blatt Institute, which aims to advance the participation of people with disabilities in society.

“It’s beside the point whether there are 50 or 1,000 lawsuits,” said Blanck. “These cases are reflective of a larger systemic problem—that there is a lack of a strong commitment by many institutions to try to be as inclusive as possible.”

It’s been almost 30 years since the ADA was passed, and we should have made more progress, said Blanck. “Way back in the '90s I was asked to testify whether or not websites would be subject to the ADA,” he said. “There is no question that universities have been on notice for a long time.”

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DCEx Students Meet with Principal AUSA Alessio Evangelista L’95

Alessio Evangelista L’95

On Nov. 30, 2018, Distinguished Guest Lecturer Alessio Evangelista L’95 hosted the Fall 2018 DCEx Program at the US Attorney’s Office for the District of Columbia. Evangelista is the Principal Assistant US Attorney (AUSA) in this office, which also happens to be the largest US Attorney’s Office in the country. 

Evangelista is responsible for overall leadership and management of the office, and he stands in for matters where the chief US Attorney is recused or otherwise unavailable. 

Evangelista’s seminar included significant discussion about the hiring process for becoming an AUSA (which he is in charge of) as well as general advice about professional success. During his detailed account of what it takes to be hired as a federal prosecutor, Evangelista took the class through each step of the interview process and shared insight on what employers are looking for at each stage. He explained that these positions are in high demand, but he assured the students that good grades, clerkships, and experience would make success attainable.  

Another Syracuse alum, Jason Feldman L’13, is an AUSA in the same office, and he also participated in the seminar. Feldman weighed in on the hiring process and told the students what made him successful in his own interview. Evangelista also invited Feldman to talk about his experience as a new attorney. Feldman listed his many responsibilities and described a typical day in the office. He gave the externs an honest account of how much work the job requires, but he stressed how much he loves his work and what a rewarding experience it is.

Evangelista and Feldman answered questions from the students, identified the challenges that prosecutors face every day, and explained how they overcome them. Ultimately, both expressed passion for the job and gratitude for their ability to serve the public. 

After this final seminar, the DCEx students attended a closing reception for the program.