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2Ls Penny Quinteros and Margaret Santandreu Win 2020 BSK Competition

Posted on Friday 10/23/2020
BSK Competition Finalists 2020

Congratulations to 2Ls Penny Quinteros and Margaret Santandreu, winners of the 2020 Bond, Schoeneck & King Alternative Dispute Resolution (BSK ADR) Competition. More than 70 watched the final on Zoom, with Quinteros and Santandreu prevailing over the team of 3L Kylie Mason and Shannon Wagner. 

For their final case, argued on Oct. 22, 2020, students negotiated the validity of a sales agreement for a horse, Beautiful Pegasus, after he was stolen from the farm where he was being cared for prior to delivery. Teams had to identify who would be held liable for the theft, and they advocated for a full reimbursement or specific performance.

Third year, second year, LL.M., and JDinteractive online law degree program students took part in the competition. At the final, Mason was named Best Advocate, while Quinteros becomes the first JDinteractive student to win a College of Law intracollegiate advocacy competition. 

"Despite the challenges that a virtual competition brings, students put their creativity to the test and vigorously advocated for their clients," says 3L Frances M. Rivera Reyes, BSK ADR Negotiation Competition Director. "Without a doubt, we have some incredibly talented advocates in our school."

Final judges were The Hon. Joanne F. Alper '72, a retired judge for the Circuit Court of the Seventh Circuit of Virginia; James L. Sonneborn, of Bousquet Holstein PLLC; and Brian Butler L'96, a managing member for Bond, Schoeneck & King PLLC.

BSK ADR 2020 Competition Finalists
BSK ADR 2020 Competition Finalists

Professor Shubha Ghosh Analyzes Google Antitrust Suit with Indus News

Posted on Thursday 10/22/2020
Shubha Ghosh

(Indus News | Oct. 22, 2020) The US government has sued tech-giant Google, accusing it of illegally protecting its dominant position in the market through deals signed with big companies like Apple. Dr. Shubha Ghosh shares his views on the issue ...

Watch the segment

Institute for Security Policy and Law Experts Featured in JNSLP COVID-19 Special Issue

Posted on Thursday 10/22/2020
COVID-19

As the novel coronavirus swept the globe in late 2019 and early 2020, a full-blown pandemic quickly and significantly affected the United States. The public health crisis worsened in the winter and spring of 2020, and it soon became clear that national security institutions and processes were being tested, sometimes in new and unique ways.

This is the background of a special COVID-19 issue of the Journal of National Security Policy and Law, edited by Professor Emeritus William C. Banks: "A stunningly good collection of short articles surveying and detailing many of the most vexing legal and policy problems associated with the pandemic," Banks explains.  

"The articles have been written by internationally recognized subject matter experts who have experience in government, the courts, the cyber domain, public health, human rights, international organizations, domestic military policy and policing, journalism, and several other disciplines," Banks adds. "Some of the articles take a granular look at aspects of the pandemic, while others widen the lens to look at such issues as leadership."

Among the articles, Syracuse University Institute for Security Policy and Law Director the Hon. James. E. Baker discusses "Leadership in a Time of Pandemic" in the journal's lead article, as well as the importance of using the Defense Production Act to its fullest extent during a health crisis.

In his article, Professor Mark P. Nevitt evaluates the responses of different branches of the military and argues that the current public health crisis could be an opportunity to reevaluate the governance of domestic military operations

The Special Issue groups its articles into categories. The first focuses on who is in charge. A second grouping examines pandemic responses from the perspectives of health, privacy, military, and emergency law. A third concerns information from the perspectives of transparency and journalism. A final section includes an important comparative and international law perspective on cybersecurity and the pandemic.

Hunsicker selected for Super Lawyer

Posted on Thursday 10/22/2020
Jaime J. Hunsicker

Hancock Estabrook, LLP is proud to announce that Jaime J. Hunsicker has been selected as an “Upstate New York Super Lawyer – Rising Star” for 2020.  Ms. Hunsicker is Counsel in the Elder Law & Special Needs, Tax and Trusts & Estates Practices. Ms. Hunsicker assists clients with trusts, estate planning and retirement planning matters.     

Professor Mark Nevitt in Just Security: Reforming the Insurrection Act

Posted on Wednesday 10/21/2020
Mark P. Nevitt

(Just Security | Oct. 20) When can the president deploy the federal military on American soil? What are the legal and regulatory restraints in doing so? Throughout the current administration, these fundamental questions of civil-military relations and democratic governance have only grown in importance. This is due, in large part, to the rupture of longstanding norms.  Salient examples include the significantly expanded deployment of military troops to the U.S.-Mexican border as well as the use or threatened use of state and federal military forces (many unidentified) in response to protests this summer in the aftermath of George Floyd’s death.  

The violent clearing of peaceful protestors from Lafayette Square Park on June 1 by both non-military and military forces brought the issue of domestic military operations to American living rooms—as did the President threatening minutes earlier to invoke the Insurrection Act and send active duty military forces into American cities.

The governance stakes are simply too high to rely upon now-violated norms. Congress should reinvigorate its constitutional role in governing domestic military operations and provide bright legal lines addressing the president’s authority to deploy the military domestically.

In this essay and the one to follow, I highlight four legal authorities governing domestic use of military force that are ripe for clarification and congressional action. This essay concerns the Insurrection Act, and my second essay will address the Posse Comitatus Act, Section 502(f) of Title 32 of the U.S. Code, and military operations in the nation’s capital ...

MarketWatch Discusses Google Antitrust Suit with Professor Shubha Ghosh

Posted on Wednesday 10/21/2020
Shubha Ghosh

(MarketWatch | Oct. 20, 2020) The Justice Department formally charged Alphabet Inc.’s Google with antitrust violations Tuesday, the first major action against Big Tech for its staggering market power and valuations.

“Google is a monopolist in the general search services, search advertising, and general search text advertising markets,” according to the Justice Department’s complaint, filed in federal court in Washington, D.C., on Tuesday morning. “Google aggressively uses its monopoly positions, and the money that flows from them, to continuously foreclose rivals and protect its monopolies.”

Deputy Attorney General Jeff Rosen said Tuesday morning that Google GOOG GOOGL was charged with violating the Sherman Act with its search and search-advertising businesses after a 16-month investigation ...

... The Justice complaint does not portend an onslaught of legislation against tech companies but could signal consumer-protection laws down the line, Shubha Ghosh, a law professor specializing in tech issues at Syracuse University, told MarketWatch ...

Read the full article.

Professor Roy Gutterman L'00 Challenges Recent "Censorship" by Social Media

Posted on Wednesday 10/21/2020
Roy Gutterman

(WAER | Oct. 16, 2020) A Syracuse University Newhouse Professor is questioning decisions by Facebook and Twitter to limit access to an article that contained unverified sources and information about Joe Biden’s son.  

“Regardless of how you feel about the story, its sourcing, or even the politics behind it, it’s not a favored practice for many of us to have other people decide what we can and can’t read or view.” said Roy Gutterman, the Director of the Tully Center for Free Speech. “I’m kind of disappointed to see that this article was going to be blocked. I’m always in favor of letting consumers and citizens make judgements on their own" ...

Listen to the segment.

College of Law Adds Sandra Wolk Gelb L'92 to Its Board of Advisors

Posted on Tuesday 10/20/2020
Sandra Wolk Gelb

The College of Law is pleased to announce the addition of Rochester, NY-based real estate attorney Sandra Wolk Gelb L'92 to its Board of Advisors, an appointment that continues the College's commitment to reflect on its Board the diverse talent and leadership represented by its alumni community. 

“With nearly 30 years in real estate law, as well as business, bankruptcy, and higher education law, Sandra Wolk Gelb brings a wealth of expertise and experience to the Board of Advisors,” says Dean Craig M. Boise. “I look forward to working closely with Sandra as we continue to promote and deliver a first-class 21st-century legal education together. With Sandra’s accession to the Board, we deepen our connection to Rochester, a legal community of significant importance to our College and from which we draw a significant number of student applicants. In fact, we like to think of Syracuse as Rochester’s law school.”

“Sandra's extensive personal and professional connections to Syracuse University, the College of Law, the University of Rochester, and the city of Rochester will benefit our students as the College strengthens its ties to our neighboring city and its legal community, where more than 575 of our alumni live and work,” says Board of Advisors Chair Robert M. Hallenbeck L’83. “Along with the rest of the Board, I welcome Sandra wholeheartedly to our team and look forward to our collaboration.”

Admitted to the New York bar in 1993 and to the US District Court Western District of New York and US Supreme Court bars in 1997, Gelb practiced law at Chamberlain, D’Amanda, Oppenheimer and Greenfield from 1994 until 2015. She also has worked at the City of Rochester Corporation Council's Office, the Trustees’ Office of the Western District of New York US Bankruptcy Court, and the University of Rochester Legal Department. 

Gelb is a member of the Monroe County Bar Association Real Estate Section, and she serves on the Parent Council and the Network Leadership Cabinet for the University of Rochester, where she is a George Eastman Circle Member. Before attending the College of Law, Gelb graduated from the University of Rochester, cum laude, in 1989. 

Gelb and her family have long-standing ties to the College of Law and Syracuse University. Her grandfather, Robert Miller, graduated from the College of Law in 1929; her father, Allan Wolk, took degrees from the College of Law and the Whitman School of Management in 1960; and her uncle, the Hon. Michael Miller, graduated from the College of Law in 1963. Her mother, Joan (Miller) Wolk, is a 1957 graduate of the Syracuse University School of Education. 

Professor Nina Kohn in The Hill: When It Comes to Healthy Aging—Location, Location, Location

Posted on Monday 10/19/2020
Nina Kohn

(The Hill | Oct. 19, 2020) Where we age shapes how we age. What neighborhood we live in can predict everything from life expectancy to likelihood of having a limb amputated to whether we spend our last years in a nursing home.  

The swath of devastation COVID-19 is cutting through communities is the latest evidence. Even in the same city, older adults in neighborhoods with high concentrations of Black and Latino people are at greater risk of dying from COVID-19 than those in majority-white neighborhoods. Those in nursing homes are more likely to contract and die from COVID-19 than their community-dwelling peers. This is not only because of their underlying medical conditions. It’s also because, as research suggests, institutionalization is itself a risk factor for COVID-19.   

Location matters because it determines access to health-enhancing resources and exposure to health hazards. Racially discriminatory zoning and housing market practices have led to communities of color having higher concentrations of health hazards and reduced access to health-enhancing resources, such as greenspacesaccessible health care providers and healthy food. A shortage of providers and hospital closures has left many in rural communities without access to nearby doctors. Individuals living in areas prone to natural disasters face life-long consequences of severe weather events — because of the trauma they inflict on individuals (especially those of lower socio-economic status) and the toll they take on community infrastructure and resources …

Read the full op-ed.

See also:

COVID Restrictions Threaten to Disenfranchise Nursing Home Voters (NBC 4 New York | Oct. 16, 2020)

"The more complex the procedures are for getting a ballot and returning a ballot, the more likely this population is going to be disenfranchised," Kohn said. "I think we should be very concerned that many nursing home residents and assisted living residents won't be able to vote."

Professor Corri Zoli Joins HDIAC Podcast to Discuss Culture and Civil-Military Relations

Posted on Monday 10/19/2020
Corri Zoli

The Homeland Defense and Security Information Analysis Center (HDIAC) is a Department of Defense Information Analysis Center sponsored by the Defense Technical Information Center.

Rethinking Culture in the Context of Civil-Military Relations: Part 1 of 3

This podcast is the first in a multi-part series discussing the impact of culture in the context of civil-military relations. In this episode, Dr. Corri Zoli and the Maxwell School of Citizenship and Public Affairs’ Dr. Robert Rubinstein explore definitions of culture and discuss how different organizational cultures have led the U.S. military and humanitarian groups to pursue divergent on-the-ground security strategies in conflict zones.

Rethinking Culture in the Context of Civil-Military Relations: Part 2 of 3

In Part 2 of Rethinking Culture in the Context of Civil-Military Relations, Dr. Rubinstein and Dr. Zoli discuss the strategic effectiveness of DoD efforts to engage culturally in Iraq and Afghanistan as well as debate enduring questions regarding these efforts’ processes and outcomes.

Rethinking Culture in the Context of Civil-Military Relations: Part 3 of 3

In the third installment of Rethinking Culture in the Context of Civil-Military Relations, Dr. Zoli and Dr. Rubinstein continue the conversation around different cultural models of risk and security and discuss the broader impacts of taking a militarized approach to security abroad. 

King included in Upstate New York Super Lawyers

Posted on Friday 10/16/2020
Mary C. King

Hancock Estabrook, LLP is proud to announce that Mary C. King has been selected for inclusion in “Upstate New York Super Lawyers” for 2020.  Ms. King is a partner in the Trusts & Estates, Elder Law & Special Needs, and Family Business Succession Planning Practices.  

Hancock-Fish included in Super Lawyers 2020

Posted on Friday 10/16/2020
Marion Hancock-Fish

Hancock Estabrook, LLP is proud to announce that Marion H. Fish has been selected for inclusion in “Upstate New York Super Lawyers” for 2020.  Ms. Fish is a partner in the Trusts & Estates, Family Business Succession Planning, Tax, Corporate and Elder Law & Special Needs Practices. 

Dean Craig M. Boise Joins Governing Advisory Council of New ABA Legal Education Police Practices Consortium

Posted on Thursday 10/15/2020
Dean Craig M. Boise

Syracuse University College of Law Dean Craig M. Boise has been appointed to a 10-member Advisory Council that will govern the newly formed Legal Education Police Practices Consortium, created by the American Bar Association in collaboration with law schools across the country.

As a member of the Advisory Council, Dean Boise will help lead Consortium efforts to leverage expertise across the ABA and among collaborating law schools to develop projects that promote better police practices throughout the United States. To date, 52 law schools—including the College of Law—have agreed to participate in the Consortium for the next five years.

"I am proud that Syracuse is a founding participant in the ABA Legal Education Police Practices Consortium. As a former police officer and commissioner on the Cleveland, OH, Community Police Commission, I care deeply about building positive community/police relations,” says Dean Boise. “Syracuse is fully committed to helping the Consortium use the combined power of the Bar Associations and law schools to effect meaningful change to police practices that have for too long victimized communities of color and other marginalized groups.”

Boise adds, "The Consortium also will provide our law students with meaningful opportunities to contribute to  the imperative work of police reform locally and nationally."

“The ABA has the ability to bring together diverse groups to address these problems and the duty to act to help bring racial equality to our criminal justice system,” says ABA President Patricia Lee Refo. “The Consortium will engage law students and legal experts from around the country in studying and forming solutions to help improve policing practices in our communities.”

The Consortium is housed within the ABA Criminal Justice Section. It aims to achieve widespread adoption of model police practices; advancement of racial equity in the criminal justice system; elimination of tactics that are racially motivated or have a disparate impact based on race; engagement with police departments and local, state, and national leaders; support for scholarship addressing police reform; promotion of public commentary and advocacy; and creation of model curricula for law schools related to the Consortium’s initiatives.

Kurt Wimmer L’85 Discusses Privacy, Data Protection, and Cybersecurity

Posted on Wednesday 10/14/2020
Kurt Wimmer L'85

By 3L John Mercurio

On Oct. 6, 2020, Kurt Wimmer L’85, Chair of the Data Privacy and Cybersecurity Practice Group (US) at Covington & Burling LLP, visited with students from Professor Lauryn Gouldin’s Privacy Law, Professor Keli Perrin’s Cybersecurity Law and Policy, and Professor Patrick Rao’s Corporate Compliance Law classes.

Wimmer covered a wide variety of privacy law topics, including the development of privacy law in countries around the world; the impact of the General Data Protection Regulation (GDPR) within and outside of the European Union; and emerging changes and proposals regarding privacy law in the United States. 

Wimmer explained that the GDPR has played a major role in guiding the development of privacy and data protection law around globe, but countries are also cognizant of the need to tailor privacy laws to their own needs. He highlighted India as an example of a country currently designing its own system of privacy and data protection laws, and he suggested that their initiative may motivate other countries to follow suit.

In the US, the Federal Trade Commission (FTC) has carved out its own role in privacy law and data protection matters by utilizing its ability to punish deceptive acts or practices, explained Wimmer. However, he clarified that the FTC lacks rule-making authority in this arena and that some individuals within the privacy law sector support the creation of an agency directly responsible for data protection in the US.

Wimmer’s extensive knowledge of data protection and cybersecurity law provided students an essential glimpse into the life of a privacy law attorney. He provided invaluable advice for those interested in pursuing legal careers focused on this growing area of the law.

Kurt Wimmer L'85 speaks to Syracuse law students in october 2020.
Kurt Wimmer L'85 speaks to Syracuse law students in October 2020.

Professor Nina Kohn in WaPo: Coronavirus Might Keep Nursing Homes Residents from Voting

Posted on Wednesday 10/14/2020
Nina Kohn

Coronavirus isolated nursing home residents—Now it might keep them from voting

By Professor Nina Kohn

(The Washington Post | Oct. 14, 2020) It has been a brutal year for residents of nursing homes. More than 40 percent of coronavirus deaths are associated with long-term care facilities. Forced isolation, including bans on family visits, has led to a secondary epidemic of loneliness and neglect. Now, nursing home residents face yet another indignity: the prospect that they will be unable to vote in the presidential election.

Nursing home residents have always faced challenges voting — because of limited mobility, physical infirmity and the restrictive reality of institutional life. But there were many ways to get help: Residents who were mobile and had access to transportation could vote at general polling places, families could freely visit to help residents vote by mail, and, in some states, election officials conducted voting in nursing homes. Now, the novel coronavirus has changed much of that: In-person voting risks infection, and visitors who might help with mail-in voting are barred from many homes. Short-staffed and still concentrating on other challenges posed by the pandemic, facilities do not seem ready to step up.

“Facilities throughout the state have made little or no efforts to assist residents” to vote by mail in “what may be the most important election in their lifetimes,” representatives of a dozen community advocacy groups wrote to Pennsylvania health officials late last month …

Read the full article.

Professor Nina Kohn in TIME: A Perfect Storm of Disenfranchisement in Nursing Homes

Posted on Tuesday 10/13/2020
Nina Kohn

Nursing Home Residents Struggle to Vote Amid the Coronavirus Pandemic

(TIME | Oct. 13, 2020) Ivan Lakos was born in Hungary and came to the United States in 1951 as a displaced person after World War II. He became a citizen after about five years and has voted consistently ever since. But this year, with COVID-19 cases again on the rise in the U.S., the 96-year-old worried whether he’d be able to continue that tradition.

Lakos lives in a skilled nursing home at the Carol Woods Retirement Community in North Carolina, which is home to roughly 500 residents and usually hosts its own polling place with volunteers on hand to help residents fill out ballots and navigate voting machines. But this year, that isn’t an option for him. To protect against COVID-19, the facility has restricted its activities and is currently banning visitors inside the buildings. For Lakos—and roughly 2.2 million other people like him who live in nursing homes and other long-term care facilities across the country—that presents a significant barrier to enfranchisement.

“We’re really concerned about folks who are in nursing homes and residential facilities,” says Michelle Bishop, voting rights specialist at the National Disability Rights Network. “A lot of the ways that we relied on getting the ballot to people who lived in nursing homes and long-term care facilities have been eliminated by the pandemic: ...

... In Louisiana and North Carolina, where Lakos lives, state laws prevent residential care facility workers from helping with ballots at all. Kohn at Syracuse says this goes against the Voting Rights Act, but when a North Carolina resident sued the state over the issue this summer, a federal court found only that voter’s rights had been violated and that the ban on assistance could continue.

Even in places where staff can assist, plenty of challenges remain. Many nursing home residents have some level of memory loss or mental impairment, and while this does not mean they lose their right to vote, it may cause staff to make arbitrary judgments about who gets to vote. Some states also bar facility staff from answering questions about candidates’ platforms to avoid influencing residents, and others require an official witness in an attempt to target voter fraud that largely does not exist.

“When states create procedural barriers to voting, many people aren’t able to comply. And nursing home residents and long term care residents more broadly, are populations of people who are often not going to be able to clear those hurdles,” says Kohn. “It really is a perfect storm for disenfranchising nursing home residents" ...

Read the full article.

Syracuse University Bay Area Alumni Join Roundtable Discussion on "Leadership in a New Diverse Dynamic"

Posted on Friday 10/9/2020
Dean Craig M. Boise

Syracuse University's San Francisco Regional Council held a virtual roundtable on "Leadership in a New Diverse Dynamic" for Bay Area alumni on Oct. 6, 2020. Regional Council Co-Chair Peter Su L’94, Chief IP Officer of Moley Robotics and Co-Founding Partner of Radlo & Su, moderated what he called a "dream team" panel comprising University Trustee Elliott Portnoy ’86, Global CEO, Dentons; Kathi Vidal ’92, Managing Partner, Silicon Valley Office, Winston & Strawn LLP; and Craig M. Boise, Dean and Professor of Law, Syracuse University College of Law.

Su convened the roundtable at a "key moment for leaders to articulate their visions and to set their organizations on the right path."

The roundtable explored how the "new dynamics" of diversity are evolving organizations, universities, law firms, and the economy, and how disruptive forces are challenging universities and the legal profession in particular. Panelists agreed on the imperative of diversity and inclusion as an essential component of a thriving economy and discussed what key policies could unite the United States after the November 2020 election.

"The issues of diversity and leadership in this new dynamic are very much at the heart of SU's initiatives for 2020 and beyond," observed SU Trustee Portnoy, who leads the one of the world's largest law firms, operating in 75 countries. "As a University, we have navigated our share of campus leadership opportunities and challenges, and we continue to redouble our efforts to create an inclusive and diverse environment on campus and to use our reach and resources to really improve communities around the world."

Acknowledging systemic challenges for leadership in the 21st century, Vidal—a nationally recognized IP litigator and federal circuit strategist—observed that "as we re-shape, we need to look to all our leaders, and we need to look at potential, not just past experience." She noted that at Winston & Strawn, an international law firm with nearly 1,000 attorneys, “We all value diversity and inclusion, but being aligned in values is not enough. We really have to work through action and be accountable for results.”

Dean Boise called attention to the "tremendous pipeline issue" when it comes to fostering leadership diversity. "That goes back to a systemic problem in society—we have hollowed out the middle class, particularly the Black middle class, and there's been a stagnation of wages for decades now." Nevertheless, he continued, across industries organizational and procedural changes continue to put values of equity into practice. “At the College of Law, I’ve made diversity a preferred qualification for hiring staff and faculty. That places the focus on diversity and inclusion within our process.”

Addressing national unity after a tumultuous 2020, Portnoy said change must start “with leadership at the highest level listening with a more empathetic ear and focusing intently on the needs of communities of color that have been hit particularly hard by COVID-19, including their health care, economics, housing, and employment."

At the conclusion of the moderated discussion, Syracuse University alumni leaders in the audience—which included captains of industry in technology, trade, banking, law, and medicine—engaged the panelists during a Q&A session that focused on the practice of diversifying leadership in law firms and boardrooms.


Professor Mark Nevitt in Newsweek: Is There a "Climate Change Voter"?

Posted on Friday 10/9/2020
Mark P. Nevitt

The First Day the U.S. Can Legally Withdraw From the Paris Agreement Is November 4

(Newsweek | Oct. 9, 2020) The first day the U.S. can legally withdraw from the Paris Climate Accord is November 4—the day after the presidential election. The outcome will decide whether the country will remain part of the agreement, with Biden pledging to opt back in and Trump to continue the withdrawal process.

Climate change is one of the key issues of the forthcoming election for many people in the U.S. Research from Pew published October 6 showed it is considered a very important issue by 42 percent of registered voters. A further 26 percent said it was somewhat important.

How much climate change will influence the outcome of the election remains to be seen, but there is speculation it could be significant ...

... Mark P. Nevitt, associate professor of law at Syracuse University, specializes in climate change law and policy. He told Newsweek it is too early to tell whether 2020 will see the rise of the "climate change voter," but said "there is certainly more energy around climate change during a presidential election than at any time in my lifetime" ...

Read the full article.

Current National Security Concerns: WAER Interviews Professor William C. Banks

Posted on Friday 10/9/2020
William C. Banks

Syracuse National Security Expert Shares Concerns with White House, Military Officials in Quarantine

(WAER | Oct. 9, 2020) Positive coronavirus cases in the White House and among top US military leaders have raised the concern of one Syracuse University International Relations expert regarding the nation’s national security.  Officials out for medical treatment or in quarantine from exposure raises questions about leadership. 

A president with COVID 19, Top generals infected or isolated … Syracuse University Law and International Relations Professor William Banks agrees some concern is warranted.

“Attention on the domestic political situation and the President’s dominance of the news and his wellbeing is obscuring what else might be going on in the world that should be drawing some of our attention.” 

He assures people no one in the highest military or intelligence rolls has dropped the ball… but with the infections, there are worries about leadership or chain of command.

“They’ve gamed and exercised and rehearsed for circumstances like these, but not in real time, and not with COVID.  So we’ll have to stay tuned to see how the circumstances change as the days go forward" ...

Read the full article.

College of Law Advocacy Program Ranked #7 Nationally in Trial Competition Performance

Posted on Thursday 10/8/2020
College of Law

Based on the performance of students in 2019-2020 advocacy trial competitions, Syracuse University College of Law has risen to #7 in the nation in the Fordham University School of Law Trial Competition Performance Rankings, tied with Pacific McGeorge School of Law and University of Denver Sturm College of Law.

Described as an "objective snapshot of achievement," Fordham's rankings measure a law school's performance in intercollegiate trial competitions in each academic year, starting with 2016-2017. Points are allocated for semifinal and better finishes in single tournament national competitions and major regionals.

Syracuse's seventh place ranking comes after a notable year for the College of Law’s Advocacy Program. High-profile team and individual successes included winning the regionals of the National Moot Court Competition and the Constance Baker Motley Mock Trial Competition; advancing two teams to the National Trial Competition; winning the New York State Tiffany Cup for the second year in a row; and invitations to the prestigious Top Gun and Tournament of Champions competitions.

Additionally, the College of Law hosted three intercollegiate competitions in fall 2019, including the first annual Syracuse National Trial Competition.

“Our students delivered great results throughout the year, and their hard work and superb trial skill are recognized in our top 10 national ranking," says Professor Todd Berger, Faculty Director of Advocacy Programs. "Volunteer coaches are a big part of our success. I am deeply grateful to our alumni and friends who take time out of their busy schedules to teach our students how to be the best advocates they can be, preparing them not only for intense competition but for their careers as effective courtroom advocates for their clients.”

"Congratulations to Professor Berger, and above all, to the students and graduates of our stellar Advocacy Program and the Travis H.D. Lewin Advocacy Honors Society," says Dean Craig M. Boise. "What a year it has been! Although not a complete measure of our entire program, our Trial Competition Performance rank rightly sheds a bright light on the sharp skills and unwavering dedication of our student competitors, as well as their coaches and supporters across the entire College of Law community."

The high placement in the Fordham Law Trial Competition Performance Rankings is just the latest recognition of the College of Law's renowned Advocacy Program. In its 2021 rankings, U.S. News & World Report places Syracuse’s Advocacy Program #15 in the nation, up from 27th for 2020.

Hutcheson joins Florio Perrucci Steinhardt Cappelli Tipton & Taylor LLC

Posted on Thursday 10/8/2020
William E. Hutcheson

Florio Perrucci Steinhardt Cappelli Tipton & Taylor LLC, is pleased to welcome new associate attorney, William Hutcheson. Hutcheson works from the firm’s Philipsburg office where he supports several practice areas. Hutcheson began his legal career as a law clerk to the Honorable H. Matthew Curry, J.S.C. in Warren County, New Jersey. During law school, he enrolled in numerous courses that incorporated international cultural immersion sessions. This allowed Hutcheson to travel to France, Germany, Lichtenstein, and Switzerland to gain new perspectives on the law. Additionally, he worked with Syracuse University College of Law’s low-income taxpayer clinic and served as a mentor to international students pursuing their LLM degree in American Law. Prior to law school, Hutcheson worked in the investment industry where he was a hedge fund and real estate analyst overseeing more than $4 billion in investments. He graduated from Syracuse University College of Law and earned a Bachelor of Science in Finance from Pennsylvania State University – Harrisburg. 

Smiley at helm of Sports Handle

Posted on Thursday 10/8/2020
Brett A. Smiley

Brett Smiley is editor-in-chief of Sports Handle, a publication that focuses on the U.S. sports betting industry -- business, legal matters, legislation, and consumer behavior. Smiley co-founded the website in May 2017 and launched it in October 2017 after three years at FOX Sports, where he covered the NFL and MLB. Smiley graduated with a B.A. from the University of Pennsylvania in 2004 and Syracuse University College of Law in 2007. Upon graduation, he practiced commercial litigation as an associate at the law firm Davidoff, Malito & Hutcher in New York City, before leaving in 2009 to pursue his passions for a career in writing, reporting, and sports. Sports Handle was acquired jointly in November 2018 by daily fantasy sports leader RotoGrinders and the gambling publication US Bets. Smiley remains at the helm of Sports Handle, while also contributing to business development. and other websites in the network. https://sportshandle.com/ 

Chmielowiec included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Kate Chmielowiec has been selected for inclusion in 2020 Super Lawyers. 

Phillips included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Erin S. Phillips has been selected for inclusion in 2020 Super Lawyers. 

Billington included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Michelle R. Billington has been selected for inclusion in 2020 Super Lawyers. 

Reid included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Kate I. Reid has been selected for inclusion in 2020 Super Lawyers. 

Rhinehardt included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Amy G. Rhinehardt has been selected for inclusion in 2020 Super Lawyers.

Campbell included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Stephanie M. Campbell has been selected for inclusion in 2020 Super Lawyers.

Bettinger included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Blaine T. Bettinger has been selected for inclusion 2020 Super Lawyers.

Mastroleo included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Adam P. Mastroleo has been selected for inclusion in 2020 Super Lawyers.

Price included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that Fred J.M. Price has been selected for inclusion in 2020 Super Lawyers.

Klein included in 2020 Super Lawyers

Posted on Wednesday 10/7/2020

Bond, Schoeneck & King is pleased to announce that ​Stuart F. Klein has been selected for inclusion in 2020 Super Lawyers

Interdisciplinary Approaches to Elder Justice Virtual Conference to Be Held Oct. 15-16

Posted on Wednesday 10/7/2020
Jennifer Lewellyn and Chris Marshall

The potential benefits of restorative practices to address elder abuse and exploitation are the focus of a two-day virtual conference taking place Oct. 15-16, sponsored by the College of Law, Falk College and its School of Social Work, the Office of Diversity and Inclusion, and the Aging Studies Institute. The symposium also received CUSE Grant funding.

“Interdisciplinary Approaches to Elder Justice: Unlocking the Potential of Restorative Practices,” is free and open to the public, but pre-registration is required. Intended for professionals in social work, law, medicine, nursing, government, and psychiatry, the symposium will feature scholars and practitioners from around the world, including two distinguished international speakers:

  • Jennifer Llewellyn, professor of law, Yogis and Keddy Chair in Human Rights Law, Dalhousie University Schulich School of Law, Halifax, Nova Scotia
  • Chris Marshall, Diana Unwin Chair in Restorative Justice, University of Victoria School of Government, Wellington, New Zealand

With a focus on the strengths and challenges of restorative models, the conference will feature short presentations, panel discussions, break-out groups and circles designed to explore implementation barriers and appropriate methods for supporting and maintaining positive outcomes.

Conference organizers Professors Mary Helen McNeal, of the College of Law, and Maria Brown, Falk College’s School of Social Work and the Aging Studies Institute, have researched and published on this topic. Their most recent publication, “Addressing elder abuse: service provider perspectives on the potential of restorative processes,” appeared in the Journal of Elder Abuse & Neglect.  Their work also includes advocacy and legal support of elders in the Syracuse community facing abuse and financial exploitation.

According to the organizers, few models exist that apply restorative principles to elder abuse, and existing research and scholarship measuring successful interventions and preventions is limited. By gathering a dynamic group of international scholars working at the intersection of restorative practices and elder justice, the researchers anticipate further innovations in responding to elder abuse.

Restorative processes are based on problem-solving models used by indigenous groups, and have been adapted to address a range of social problems, including school disciplinary matters, juvenile offenses, disputes on college campuses, and even domestic violence.  They offer alternative approaches to address harm by bringing together the person harmed, the perpetrator and the community to address what happened, repair the relationships and generate a plan for future conduct.

Older adults, particularly those experiencing physical and cognitive decline, often rely on family and friends for care and support to remain independent. Unfortunately, the same individuals who help them maintain their independence can take advantage of their need for support, resulting in physical, emotional, or sexual abuse; financial exploitation; or neglect.

Elder abuse is experienced by 15.7 percent adults aged 60 and older, although only 1 in 24 cases is reported, according to the World Health Organization. Research indicates family members, usually adult children and spouses, are the most frequent perpetrators. While elder abuse can be addressed in many ways, such as social service interventions and civil and criminal justice responses, these remedies are not always viable options when a family member is responsible for committing the harm. And frequently, the older adult does not want to pursue any action against a family member.

Restorative processes offer another avenue for elder justice, with the added benefits of helping break social isolation that makes the older adult vulnerable to abuse while supporting caregivers whose struggles may be leading to the abuse.

For more information about the conference, contact Professor Mary Helen McNeal at mhmcneal@law.syr.edu.

Audrey Bimbi and Carly Cazer Win 2020 Mackenzie Hughes LLP Edmund H. Lewis Appellate Advocacy Competition

Posted on Tuesday 10/6/2020
Carly Cazer and Audrey Bimbi

Third-year students Audrey Bimbi (right) and Carly Cazer prevailed in the 49th Mackenzie Hughes LLP Edmund H. Lewis Appellate Advocacy Competition. The final round of the competition took place on Oct. 1, 2020, via Zoom. This online final marked the first ever virtual moot court competition hosted by the Travis H.D. Lewin Advocacy Honor Society at the College of Law. In addition to winning the competition, Cazer and Bimbi also won the award for Best Overall Brief, and Bimbi was awarded Best Oralist in the Final Round. 

"I congratulate both Carly and Audrey on their advocacy performance and on their clean sweep of awards for the competition!" says Professor Todd A. Berger, Director of Advocacy Programs. "Well done also to the second-place team of 2Ls Morgan Keely Hutchinson and Morgan Steele, and all of this year's competitors. Each team's hard work and competitive spirit made the competition a success." 

Sponsored by Syracuse law firm Mackenzie Hughes LLP, this competition is open to two-person teams consisting of second and third-year Syracuse law students. The competition is named for the Hon. Edmund H. Lewis L'1909, a distinguished alumnus of Syracuse University College of Law, a partner at Mackenzie Hughes, and a Chief Judge of the New York Court of Appeals. 

Each year, volunteer judges evaluate the teams’ written appellate briefs as well as oral argument performance through multiple rounds. This year's final round judges were three distinguished Syracuse law alumni: the Hon. William Q. Hayes L'83, District Judge, District Court for the Southern District of California; the Hon. Stewart D. Aaron L'83, Magistrate Judge, US District Court for the Southern District of New York; and the Hon. Theodore McKee L'75, Circuit Judge, US Court of Appeals for the Third Circuit. 

In addition, 15 attorneys—including alumni of both the College of Law and University, as well as Mackenzie Hughes employees—judged the preliminary, quarterfinal, and semifinal rounds. Thank you to Roy Gutterman L'00, Ronnie White L'13, Anthony Johnston L'15, Danielle Blackaby L'16, Hillary Anderson L'17, Shannon Fiedler L'17, David Katz L'17, and Melissa Green L'18; Neil Smith '02; and Craig Atlas, Josh Cotter, Mollie A. Dapolito, Dean DiPilato, Bradley Hunt, and James Nicoll. 

This year’s problem, Mervin Mistletoe v. United States, involved an 88-year-old man who is alleged to have fled from Alaska to Hawaii in order to avoid a bench warrant arising from an original charge of property damage. The current case refers to 18 U.S.C. § 922(g)(2) and whether the defendant further lied on a Firearms Transaction Record Form 4473 when he attested, after purchasing guns in his new state, that he was not a "fugitive from justice" with an "intent to avoid prosecution."

Professors Banks and Driesen Publish on "Implied Presidential and Congressional Powers"

Posted on Tuesday 10/6/2020
William Banks and David Driesen
Implied Presidential and Congressional Powers. Cardozo Law Review 41:4 (2020).

A significant question of constitutional law has received a lot of attention lately—whether the Department of Justice (DOJ) may indict a sitting President. The Constitution’s text does not prohibit indictment of a sitting President, so the idea that he has the power to avoid indictment while in office raises an issue of implied presidential power.

This Article compares the modern Supreme Court’s treatment of implied presidential power to its treatment of implied congressional power across a wide variety of subject matter areas. It takes care to define implied powers, something neglected in the literature. That definition leads to the conclusion already articulated, that presidential indictment, while usually characterized as an immunity issue, is also an implied power issue.

The literature on implied powers usually focuses on a specific implied power or the implied powers of a particular branch of government, but it does not compare the application of implied power concepts to different branches of government. The President’s power over foreign affairs and national security, which is primarily an implied power, has received the most scholarly attention. Former Yale Law School Dean Harold Koh once opined that the President almost always wins in foreign affairs cases. 

Koh and many other constitutional scholars maintained that the judiciary cooperated in increasing the implied power of the President over foreign affairs and national security by habitually deferring to or declining to review presidential initiatives in that area ...

Professor Doron Dorfman Reweighs Medical Civil Rights in Stanford Law Review

Posted on Tuesday 10/6/2020
Doron Dorfman
Reweighing Medical Civil Rights. Stanford Law Review 72 (2020). (With Rabia Belt.)

Civil rights law is at a crossroads. It’s tough to find vindication for injustice claims in the courts. Scholars and advocates are looking elsewhere for legal paradigms that will help provide relief.

Disability law seems seductive. Despite the general parsimoniousness of U.S. welfare benefits, disabled people can receive tax breaks, financial payments, and health care. Disability accommodations and modifications oblige employers, government programs, and purveyors of public accommodations to provide remedies to the mismatch between people’s disabilities and their services and programs. 

Disabled people may escape the weight of victim-blaming and fault attributed to others who ask for recognition and benefits from the government and from law. Social science research has found that in industrialized Western countries, people with disabilities are considered highly deserving of social protection (an identity category second only to that of older people).

The disability community is a diverse group. It includes people with mobility, visual, hearing, mental, and intellectual impairments (just to name a few) whose various needs require multiple degrees of support and care. It also comprises people of different genders, classes, and races, and who experience different types of stigma and discriminatory patterns.

As the original Americans with Disabilities Act of 1990 (ADA) recognized, what unites people in all of those categories is stigma and subordination. They all experienced a history of purposeful unequal treatment by a society skeptical of their abilities and potential. 

Craig Konnoth’s Article, using “medical civil rights” as an angle onto disability, captures the ostensible benefits of disability legal claiming. His Article provides voluminous coverage of examples of individuals and communities framing their grievances and difficulties in medical terms within the law. He also charts out how this strategy may offer benefits that other non-medical framing does not. 

We partially agree with him on this, but we also believe that he does not fully account for the weight on the other side of the negative aspects of medical framing. The remainder of our Response notes some of these negative aspects.

Our Response unfolds as follows. We first discuss the benefits and recognition granted to medicalized individuals. We then contextualize these benefits by noting the drawbacks to medicalization. Finally, we conclude by proposing a new way forward for disability justice ...

Professor William C. Banks Explains Presidential Transfer of Power to WSYR

Posted on Monday 10/5/2020
William C. Banks

President Trump with COVID: What could transpire if his condition worsens?

(WSYR | Oct. 2, 2020) President Donald Trump and First Lady Melania Trump have tested positive for COVID-19, according to multiple sources. As of Friday, the president only had minor symptoms, but what would happen with the election about a month away if his condition worsens?

The 25th Amendment primarily deals with what would occur if a president passes away, but it also talks about what happens if a president can’t fulfill his duties. 

William Banks, a law professor at Syracuse University, says, “If there is a determination that he is unable to fulfill his duties, then he can temporarily or permanently, should the president succumb to the virus, the duties can be passed along to his successor, who in this case would be Vice President Pence.”

America has never had to deal with COVID-19, but the amendment has been used when presidents have gone to the hospital for even minor surgeries. 

“So now, even on a few occasions, say where a president has gone under anesthesia for a minor procedure like a colonoscopy, he has transferred his power to the vice president for the period of time needed to complete the procedure,” Professor Banks said. “With the president hospitalized, he should do the same with Vice President Pence" ...

Watch the segment.

JAMA Network Quotes Professor Nina Kohn on Elders and Voting

Posted on Friday 10/2/2020
Nina Kohn

Helping People With Dementia Exercise Their Right to Vote

(JAMA Network | Sept. 30, 2020) The novel coronavirus pandemic and a US Postal Service slowdown may not be the only hurdles facing people with dementia who want to vote in the 2020 general election.

Nearly 6 million people in the US have some form of the condition, the US Centers for Disease Control and Prevention estimates, and they represent almost 2.5% of the 253.8 million US residents who are of voting age.

The oldest voters, those aged 60 years or older, are more likely to vote than younger age groups, according to the United States Elections Project; the lion’s share of people with dementia fall into that demographic. While the pandemic is expected to present unprecedented logistical obstacles, especially for those living in nursing homes, having dementia doesn’t revoke a person’s fundamental right to cast a ballot ...

... Some observers have raised concerns that votes cast by people with dementia might actually represent the views of those assisting them, although there’s little evidence of voter fraud in nursing homes, said Nina Kohn, JD, an elder law specialist at the Syracuse University College of Law who studies the civil rights of individuals with diminished cognitive capacity.

“If an individual cannot express a voting preference, then any vote by that person is not really a vote by that person,” Kohn acknowledged. “You can’t vote for somebody else even if you’re extremely confident how that individual would vote" ...

Read the full article.

Professor William C. Banks on Spectrum: Election Could Go Off the Rails

Posted on Friday 10/2/2020
William C. Banks

Trump, The Blue Shift, and The Legal Aftermath

(Spectrum Capital Tonight | Oct. 1, 2020) For months, President Trump has been laying the groundwork to claim that, if he loses the election, it must be because the election was rigged. 

In fact, he said just that in August:

“The only way we’re going to lose this election is if the election is rigged—remember that. So we have to be very careful. . . The only way they’re (Democrats) going to win is that way. And we can’t let that happen.” 

The president is specifically targeting mail-in voting, claiming it’s “dangerous for this country because of cheaters” and that it’s an invitation for fraud ...

... William Banks, a professor of law and public affairs at Syracuse University told Capital Tonight, he’s more than a little worried. 

“On a scale of one to 10, I’d say my worry is about a nine,” Banks said. “There are several plausible scenarios that could cause this election to go off the rails.”

One scenario? Because of partisan fighting around mail-in ballots, some key states like Pennsylvania or Florida won’t get their votes into the Electoral College by December 14, the date the electors meet and cast their ballots for president and vice president. 

Professor Banks explains that if neither candidate gets to 270 electoral votes, the election would be decided by the House of Representatives.

“On January 6, they’re supposed to count the votes. If neither candidate has 270 votes because of the circumstances you just described, there will be 1 vote per state, so 50 potential votes,” Banks explained. 

Each state would determine which candidate had won their electoral votes and they would pass that information along to the House. 

Under this scenario, the Republicans would be likely winners.

“As things stand now, there are more Republican-controlled states than Democratic-controlled states,” Banks explained ...

Read the full article

Professor Mark Nevitt: Climate Change, Arctic Security, & Why the US Should Join the UN Convention on the Law of the Sea

Posted on Thursday 10/1/2020
Mark P. Nevitt

(Center for Ethics and the Rule of Law | Sept. 30, 2020) Climate change is transforming the Arctic in new and dramatic ways. According to the UN Intergovernmental Panel on Climate Change (IPCC), the Arctic is warming two to three times the rate of the rest of the planet. And this month’s “United in Science 2020” report found that the Arctic sea ice extent was the lowest on record for July. Due to a pernicious feedback melting loop, melting permafrost, and the continual possibility of cataclysmic “green swan” events, worldwide sea level rise will be further impacted by Arctic events. What happens in the Arctic does not necessarily stay in the Arctic.

In addition, climate change is both opening maritime trade routes and offering the possibility of natural resource extraction on the Arctic’s continental shelf. It is also creating a whole new operational domain for the world’s militaries.

Unlike Antarctica—which is also being dramatically impacted by climate change—the Arctic lacks a comprehensive, Arctic-specific treaty. The Arctic region is largely governed by the United Nations Convention on the Law of the Sea (UNCLOS), the increasingly important work of the Arctic Council, and a hodgepodge of laws and bilateral agreements. But climate change is increasingly stressing this legal and policy framework.

UNCLOS, aptly described as “A Constitution of the Oceans,” remains one of the most comprehensive and complex international law treaties ever negotiated. It will take on increased importance as the Arctic adjusts to its 21st century climate reality. The United States, however, remains the only Arctic Council member that is not party to UNCLOS. This is short-sighted and contrary to U.S. national security, environmental, and economic interests. Despite continued U.S. intransigence on law of the sea ratification, a remarkably diverse coalition of American national security experts, environmentalists, and business interests support the United States becoming a party to UNCLOS. To be sure, the United States accepts UNCLOS’s key navigational provisions as binding as a matter of customary international law. But as a non-party to UNCLOS, the United States increasingly lacks a “seat at the table” on core law of the sea matters and cannot avail itself of its adjudicatory bodies. It also cannot take advantage of key UNCLOS provisions, such as submitting information to establish the outer limits of Alaska’s continental shelf. Climate change’s opening of maritime trade routes and the possibility for natural resource extraction reinforces the need for the U.S. Senate to provide its advice and consent on this critical treaty …

Read the full article.

BBI Chairman Peter Blanck to Address Reed Smith’s Diversity, Equity and Inclusion Summit

Posted on Wednesday 9/30/2020
Peter Blanck

Dr. Peter Blanck, chairman of the Burton Blatt Institute at Syracuse University, will present at Reed Smith’s Diversity, Equity and Inclusion Summit his recent ground-breaking research regarding the lack of disability diversity in the legal profession. In a recent study commissioned by the ABA to focus on non-visible identities in law, he and his co-authors found that while a quarter of respondents said they had a health condition, impairment, or disability, only a third of those respondents identified as disabled.

Dr. Blanck’s address will honor October’s National Disability Employment Awareness Month (NDEAM) and the 30th Anniversary of the ADA. He will discuss BBI’s newly funded national Rehabilitation Research and Training Center (RRTC) on Disability Inclusive Employment Policy (DIEP), and leading efforts at the Southeast ADA Center.

Reed Smith will kick off its Global Diversity Awareness month in October with its annual Diversity, Equity and Inclusion Summit. This year’s virtual event will focus on racial justice and intersectionality.

Date/Time: October 1, 2020, 11:00 AM – 3:30 PM EDT

Registration Link: 2020 Diversity, Equity and Inclusion Summit

Featuring Feminista Jones, Intersectionality Expert, Author & Award-Winning Blogger, as our keynote presenter.

Speakers: John Iino, Alexander Y. Thomas, M. Tamara Box ,Peter M. Ellis

The opening panel, “How Major Organizations are Leading Change in Racial Equity,“ features special guest speakers:

Sophie Chandauka, Global COO Shared Services and Banking Operations at Morgan Stanley

Kamau Coar, General Counsel at Heidrick & Struggles

Peter Ellis, Reed Smith Senior Management Team – Chair of Litigation

Lauren Leahy, Chief Legal Officer at Pizza Hut

Cathy Tang, Chief Legal Officer at Krispy Kreme Doughnut Corporation

Difficult topics faced by individuals and businesses alike will be discussed in breakout sessions, covering issues such as:

Disrupting racism: From performative allyship to anti-racism

Creating a culture inclusive of mixed-visible and non-visible diversity

Leveraging employee resource groups to build power through collaboration

Strategies for overcoming impostor syndrome

Lasting impacts of the pandemic on persons with disabilities

Understanding the intersection of race and class

The Detroit News Speaks to Professor Nina Kohn About Voting & Michigan Nursing Homes

Posted on Tuesday 9/29/2020
Nina Kohn

COVID-19 restrictions threaten to curb voting at Michigan nursing homes

(The Detroit News | Sept. 28, 2020) In a non-pandemic year, Thursday would have marked the start of early voting and for political campaigns to visit Michigan nursing homes and assisted living centers to pitch their cause while voters listened with ballot in hand. 

But the coronavirus has changed that. The opportunities for candidates to campaign in nursing homes ahead of the Nov. 3 election are virtually non-existent.

The delivery of absentee ballots by clerk assistants or the help a family member might give in the voting process is limited amid visitation restrictions. 

And experts fear those restrictions could curb voting at Michigan's nursing homes and assisted living facilities, a development that injects more uncertainty into a key election where battles are being fought over absentee and mail-in ballots ...

... Many nursing home and assisted living residents rely on family to help in the voting process, especially if a resident has vision or muscular disabilities, said Nina Kohn, a law professor at Syracuse University and distinguished scholar in elder law at Yale Law.

“When family are limited in their ability to go into the nursing homes, they may not be able to provide that critical help,” Kohn said ...

Read the full article

AARP Interviews Professor Nina Kohn About Voting in Nursing Homes During a Pandemic

Posted on Thursday 9/24/2020
Nina Kohn

COVID-19 Threatens Voting in Nursing Homes as Election Approaches

(AARP | Sept. 23, 2020) In a normal election year, late summer and early fall would be a busy time for Annie Butzner. A retired nurse in Asheville, North Carolina, Butzner has for years traveled to nearby hospitals, assisted living facilities and nursing homes, helping patients and residents register to vote and request absentee ballots.

But this year the coronavirus pandemic has made that work more difficult. Butzner, 69, has had a hard time just getting into facilities to determine which residents need help registering and requesting ballots. “The fact that it's so hard to vote in care facilities is ridiculous,” she says. “All of the wisdom that these people have — it's just being wasted."

Butzner is part of a growing chorus of advocates, state officials and election experts worried about the voting roadblocks that COVID-19 presents to many of the nation's 1.3 million nursing home residents — and the specter that some won't be able to vote in this fall's general election. More than 800,000 other people live in other kinds of residential care communities, including assisted living facilities, and will likely also be affected.

"It's a bloody mess is what I would say,” Nina Kohn, a professor at the Syracuse University College of Law and a distinguished scholar in elder law at Yale Law School, says of the confusion around voting from nursing homes this year ...

Read the full article.

Osterweil named partner

Posted on Wednesday 9/23/2020
Adam Osterweil

Frankfurt Kurnit Klein & Selz, PC is pleased to announce Adam J. Osterweil has been named partner in the firm's Estate Planning & Administration Group. Adam J. Osterweil is a partner in the Estate Planning & Administration Group and is based in New York. Recognized as a “Rising Star” by Super Lawyers, Mr. Osterweil focuses on estate, gift, and income tax planning, as well as estate and trust administration. Mr. Osterweil helps clients achieve their estate planning goals by drafting customized wills and trust agreements, providing insights based on his thorough knowledge of nuanced issues of trusts and estates laws. He also works with executors and trustees in all aspects of estate and trust administration. In addition, he advises public and private charitable organizations on establishing tax-efficient structures, securing tax-exempt status, and other related matters. 

Professor Michael Schwartz Discusses Disability Rights Initiatives on Uzbekistan TV

Posted on Tuesday 9/22/2020
Michael Schwartz

Disability rights expert Professor Michael Schwartz and Mirjahon Turdiev G'20, Vice Chairman of International Relations for the Association of Disabled People of Uzbekistan, appeared on national Uzbekistan TV recently to discuss the disability law clinic they have created at Tashkent State University, as well as efforts to establish a link between the College of Law and the state university. 

"The Uzbek Senate has just approved a new domestic law on disability, so the timing is right," explains Schwartz.  

Nursing Homes & Voting in a Pandemic: Professor Nina Kohn Joins NPR's 1A

Posted on Tuesday 9/22/2020
Nina Kohn

Block The Vote: Mail-In Voting And Disenfranchisement

(WAMU 1A | Sept. 21, 2020) In the first installment of our new series “Block the Vote,” we’re tackling mail-in voter disenfranchisement.

Cutting down on the number of people in enclosed spaces is absolutely vital during the pandemic. That’s why many plan to cast their ballot by mail.

But mail-in voting is not a panacea, and certain populations anticipate facing additional challenges this November — particularly, nursing home residents and Native Americans living on reservations ...

GUESTS

  • Jessica Huseman, Elections and Voting Rights Reporter, ProPublica
  • Jacqueline De León, Staff Attorney, Native American Rights Fund
  • Nina Kohn, Law Professor, Syracuse University; Distinguished Scholar in Elder Law, Yale Law School

Listen to the segment.

Professor Shubha Ghosh Reviews the "Territorial Discrepancy" of Intellectual Property Rights

Posted on Tuesday 9/22/2020
Shubha Ghosh
"Recognizing and Correcting a Discrepancy (Reviewing Marketa Trimble, The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies, 23 Lewis & Clark L. Rev. 501)." JOTWELL (September 21, 2020).

Intellectual property rights are territorial. Infringement claims—of unauthorized copying, making, selling, using—involving patents, copyrights, trademarks, or trade secrets are extraterritorial. 

Courts are also territorial, and their jurisdictional reach often limited by geography. So, what happens when a successful intellectual property claimant seeks to remedy the wrong in the courts? How do extraterritorial harms map onto the territorial limits of courts and rights? 

In The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies, Professor Marketa Trimble offers a powerful analytic assessment of these issues, introducing new conceptual vocabulary and policy solutions. For innovativeness in framing and addressing an issue, Professor Trimble’s article is one that I like lots for the reasons I jot below ...

Read the full article.

Professor Roy Gutterman L’00: RBG Was a “Pioneer, a Champion for Equality”

Posted on Tuesday 9/22/2020
Roy Gutterman

Syracuse Law Professor Speaks on Justice Ruth Bader Ginsburg’s Legacy, Politics Surrounding Her Replacement

(Spectrum Capital Tonight | Sept. 21, 2020) Justice Ruth Bader Ginsburg, a titan of jurisprudence and a feminist icon who fought for women’s rights and inspired memes (as well as a famous workout calendar), died on Friday at the age of 87.

“She was a pioneer, a champion for equality and women’s rights,” Syracuse University School of Law Professor Roy Gutterman told Capital Tonight. “Those are human rights; those are citizens’ rights. She fought for those issues before she was a justice and her jurisprudence followed through with that.”

Read the full article

Newhouse Free Speech Professor Reflects on Ginsburg Legacy in Communications, Rights

(WAER | Sept. 21, 2020) The Director of the Tully Free Speech Center at Syracuse University’s Newhouse school is remembering Supreme Court Justice Ruth Bader Ginsburg as a person who held a firm grasp on hi-tech issues.  Roy Gutterman met Ginsburg on two occasions and observed her during oral arguments where she had an impact on media and media law.

“I remember in one of the broadcasts and decency cases she was asking about pretty pointed questions about the impact on FCC regulations dealing with profanity. You can tell she was favoring a different approach from the FCC.”

Listen to the segment.

SU Professor offers prospective on Ruth Bader Ginsburg's legacy

(CNYCentral | Sept. 19, 2020) Since the death of Supreme Court Justice Ruth Bader Ginsburg, there has been an outpouring of respect from both sides of the political aisle.

Head of the Tully Center for Free Speech at Syracuse University, Roy Gutterman, said Justice Ginsburg's work both on and away from America's highest court has opened doors for generations of women.

"These decisions really opened up many things that in twenty-first-century America we take for granted," Gutterman said. "I mean I would take for granted that more than 50% of a graduate class or a law class was female" ...

Read the full article.

Professor Mark Nevitt Discusses Climate-Related Disasters & Managed Retreat

Posted on Thursday 9/17/2020
Mark P. Nevitt

As Climate-Related Disasters Intensify, Retreat Emerges as Adaptation Strategy

(Kleinman Center Podcast | Sept. 15, 2020) When policymakers talk about adapting to climate change, they often focus on measures to reinforce towns and cities against natural disasters, such as the wildfires and flooding that have become more severe across the United States in recent years. Yet what is often more difficult to contemplate is the idea that some places may inevitably need to be abandoned. This idea of abandonment, or retreat from areas that are at great risk due to climate change, is understandably very difficult to think about. Retreat means leaving behind homes, and the possible disruption of communities and livelihoods. 

Mark Nevitt, associate professor of law at Syracuse University and a former legal counsel with the Department of Defense Regional Environmental Counsel in Norfolk, Virginia, explores how managed retreat ahead of likely disaster is itself a key climate adaptation strategy, and one which may ease, though not eliminate, the burden on impacted communities. Mark discusses his recent Kleinman Center-funded research into legal issues associated with climate adaptation, and how existing laws may present barriers to efforts to manage retreat from high risk areas.

Listen to the podcast.

Professor Corri Zoli Speaks to Vox About China and Iran Meddling in US Elections

Posted on Wednesday 9/16/2020
Corri Zoli

Are China and Iran meddling in US elections? It’s complicated.

(Vox | Sept. 15, 2020) This spring, the Chinese state-run news agency Xinhua posted a roughly two-minute video titled “Once Upon a Virus” on social media, including on official Chinese government accounts.

The video is in English and features Lego-like figures. One of the Statue of Liberty, representing America, and a warrior Lego representing China, with what looks like medical workers decked out in PPE, behind it...

... “There’s no question China’s the most technologically sophisticated for influence campaigns that reach beyond just elections,” Corri Zoli, associate teaching professor and director of research for the Institute for Security Policy and Law at Syracuse University, told me ...

... And Iran definitely has cyber capabilities. But Zoli said, overall, they’re not sophisticated enough to have a truly enormous impact. “They don’t have the capabilities and they haven’t thought through a really multi-pronged strategy. They’re not going after, you know, these ancillary institutional sites to try to have a big impact on political decision-making" ...

... Zoli told me she sees the ODNI document as educational, not so much for what it tells us about what our adversaries are up to, but as a way to “raise the public’s awareness that these election interferences are common and consistent. And you need to be kind of on guard about them. And you need to harden your approach to them" ...

Read the full article.

Professor Shubha Ghosh to Present Paper on Copyright in Legal Materials at NFOIC Summit

Posted on Tuesday 9/15/2020
Shubha Ghosh

Professor Shubha Ghosh's paper "Liberating Government’s Materials: Removing Copyright Obstacles to Transparency" was a winning paper in a recent National Freedom of Information Summit Coalition (NFOIC) competition. Ghosh will present his work during the NFOIC virtual summit on Sept. 30, 2020, at 5 p.m. 

"My paper is an analysis of the recent US Supreme Court decision in State of Georgia v Public.Resources.org in which the Court held that the State could not hold a copyright in its authorized annotated code," explains Ghosh. "The paper explains the decision and examines how its reasoning extends to administrative and other government materials." 

Sports Law Expert John Wolohan Discusses College Athletics "Quasi-Bubbles" in WaPo

Posted on Friday 9/11/2020
John Wolohan

College football’s quasi bubbles have been disrupted with other students returning

(The Washington Post | Sept. 11, 2020) As sports in the United States worked to lift themselves out of an unprecedented shutdown, leagues developed similar strategies — all focused on confining athletes to a set of facilities and keeping them away from anyone who could disrupt the season by spreading the novel coronavirus. So far, it’s working. The NBA has staged a months-long marathon of games at Disney World. Women’s soccer played in Utah. Hockey set up outposts in Canada. Games have run smoothly and few players have contracted the virus.

College football longs for that same success and needs the season just as much to keep athletic departments financially afloat. But at the college level, players are, according to the NCAA, simply students. The association’s logic is that the same way some students help with economics research or study sociology, these students play football ...

... By keeping athletes on campus during the pandemic, while sending other students home, it is signaling that athletes fall into a separate category. “We’re making them different,” said Wolohan, the sports law professor, adding that he thinks this scenario could be used in an argument against the NCAA when trying to determine whether athletes should be considered employees ...

Read the full article.

Professor Mark Nevitt: On Environmental Law, Climate Change, & National Security Law

Posted on Friday 9/11/2020
Mark P. Nevitt

"On Environmental Law, Climate Change, & National Security Law." Harvard Environmental Law Review 44:2 (Fall 2020)

This article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change—prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” 

Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations and climate change refugees across national borders. Addressing this new climate–security nexus brings together two historically distinct areas of law: environmental law and national security law. 

As we properly conceptualize climate change as a security threat, environmental law and national security law, once considered separate and often in conflict, engage with each other in new and complex ways.

The first body of law, environmental and climate change law, largely values the protection and preservation of the human environment via a cooperative federalism model of environmental laws and policies. 

The second body of law, national security law, largely suspends environmental protections ex ante via myriad national security exemptions within existing environmental statutes. But in the climate–security context, what was once in conflict is increasingly aligned as we look to preserve our common future from all threats, properly defined.

If climate change is, indeed, correctly conceptualized as a security issue, how do these two bodies of law interact? Should a future President be afforded national security deference in addressing the threats posed by climate change? Is climate change potentially a national emergency? And if so, what actions can (or should) be taken?

This article first describes and analyzes climate change as a national security issue, providing an overview of our understanding of climate change, climate science, and climate change’s multifaceted security effects. Second, I analyze where environmental, climate change, and national security law increasingly intersect to include a discussion of relevant U.S. law.

Finally, I use one specific example—whether climate change is a national emergency—as a vehicle to highlight how these two areas of law interact in new and surprising ways.

Read the full article

 

Professors Shubha Ghosh and Lauryn Gouldin Appointed as Crandall Melvin Professors

Posted on Thursday 9/10/2020
College of Law

Recognizing their significant scholarship and thought-leadership, as well as their excellence in teaching, Dean Craig M. Boise has re-appointed Professor Shubha Ghosh as Crandall Melvin Professor of Law and appointed Professor Lauryn Gouldin as Crandall Melvin Associate Professor of Law, each for a five-year term. 

"We’re grateful for the professorship that the Merchants National Bank and Trust Company established in honor of the late Crandall Melvin Sr. L’1913, to support the work of College of Law faculty who produce impactful scholarship” says Dean Boise. “This year, consistent with the donor’s intent, I’m pleased to announce that two College of Law professors—leading voices in their respective fields—will receive this prestigious appointment.” Melvin was a former College of Law professor, World War I veteran, successful lawyer and banker, and a voting trustee of Syracuse University from 1934 to 1970. 

Shubha Ghosh, Crandall Melvin Professor of Law and Director of the Technology Commercialization Law Program and the Syracuse Intellectual Property Law Institute, has held the Crandall professorship since 2016. 

Ghosh's latest projects include two books for Edward Elgar: Advanced Introduction to Law and Entrepreneurship—the manuscript for which has been submitted for publication in 2021—and Forgotten Intellectual Property Lore. He also has submitted a paper on patents for technology to aid the visually impaired to the Madagascar Conseil Institute Law Review for their special issue on “Technology and Intellectual Property”. 

Other current projects include a chapter on the custom fit movement, patent law, and Rawlsian social justice to be published in a book by Cambridge, as well as a chapter on a previously unknown treatise on patent law in colonial India for a book from Oxford. Following upon Crandall Melvin’s work as a professor of torts law, Ghosh will be completing revisions for the Fourth Edition of Acing Tort Law (West Academic) to be published in late 2021. 

Professor Lauryn Gouldin teaches constitutional criminal procedure, privacy law, evidence, constitutional law, and criminal justice reform. Focusing her research on the Fourth Amendment, judicial decision-making, and pretrial detention and bail reform, her most recent articles are “Reforming Pretrial Decision-Making” (Wake Forest Law Review, forthcoming 2020) and “Defining Flight Risk” (University of Chicago Law Review, 2018). Earlier this year, she was awarded a New York State Division of Criminal Justice Services Grant.

Gouldin is also Associate Dean for Faculty Research and the Principal Investigator for the Syracuse Civics Initiative, a Collaboration for Unprecedented Success and Excellence (CUSE) grant initiative to build partnerships with local school districts and educators addressing the crisis of confidence in public institutions. Her teaching excellence has been recognized with a Syracuse University Meredith Professors Teaching Recognition Award, two College of Law Outstanding Faculty awards, and a Res Ipsa Loquitur Award, from the Class of 2018. 

Professor Kristen Barnes Named Associate Dean for Faculty Research

Posted on Thursday 9/10/2020
Kristen Barnes

Syracuse University College of Law Dean Craig M. Boise has named Professor Kristen Barnes—an expert in property and housing law, anti-discrimination, and civil rights—Associate Dean for Faculty Research. Barnes will take over the current Associate Dean, Professor Lauryn Gouldin, at the start of the spring 2021 semester.

A teacher of courses on property, housing law, and voting rights, Barnes is a widely published scholar whose articles on housing integration, anti-discrimination, voting, pensions, education, and other topics appear in premier law review journals, including Duke Journal of Constitutional Law and Public Policy, Harvard Journal of Racial and Ethnic Justice, and Chicago-Kent Law Review. 

Barnes also has presented her work at numerous prestigious conferences, such as the American Society of International Law Midyear Meeting; Harvard Law School’s Institute of Global Law and Policy Conference; the Association of Law, Property, and Society Annual Conference; Loyola Law School’s Constitutional Colloquium; and Fordham Law School’s International and Comparative Urban Law Conference. From 2018 to 2020 she was a visiting scholar at the American Bar Foundation.

"As Associate Dean, Kristen will lead the College’s continued placement of faculty scholarship in top-tier law journals, bringing noted law experts to Dineen Hall to facilitate the exchange of ideas, encouraging grant-funded research projects, and broadening our faculty’s involvement with noted institutions around the world," says Dean Boise. "I thank Lauryn for her dedication to our research efforts during her term as Associate Dean and for helping to enhance the College’s intellectual output and establishing deeper scholarly relationships with our peers."

In her new role, Barnes will oversee The Faculty Colloquia, an ongoing showcase for cutting edge legal research featuring scholars from around the world, the College’s annual celebration of faculty publications, and "Lightning Round" research reviews. The Associate Dean also organizes presentations by high-profile speakers at College of Law events, including the annual United States Supreme Court Preview, held during Law Alumni Weekend in the fall.

Nina Kohn on NursingHome411: Why LTC Residents are Facing Heightened Voting Barriers this Election

Posted on Wednesday 9/9/2020
Nina Kohn

(NursingHome411.org | Sept. 8, 2020) The 2020 U.S. presidential election is fast approaching, but many long-term care residents, cut off from the outside world, may not get a vote. 

Professor Nina Kohn joins the show to discuss voting barriers in long-term care settings and explain why it’s imperative that residents’ voting rights are protected in this election. 

Kohn—David M. Levy Professor of Law at Syracuse University and Solomon Center Distinguished Elder Law Scholar at Yale University—also offers a few tips for families, ombudsmen, and advocates to help residents vote.

Listen to the podcast.

College of Law, OCBA Launch Community Book Read for Racial Justice

Posted on Tuesday 9/8/2020
Just Mercy

Syracuse University College of Law and the Onondaga County Bar Association (OCBA), along with other community partners and the generous support of CNY private law firms, have launched a new educational series, titled "Race & Justice in Central New York”.

The inaugural event in the series is the “Racial Justice Community Book Read,” featuring discussion of Just Mercy by Bryan Stevenson. The College of Law Library at Dineen Hall on the Syracuse University campus is one of the sign up and book pick up locations for the series. Participants can register for the series and receive a complimentary copy of Just Mercy via the OCBA website. The book is also available through Onondaga County Public Libraries as a hard copy or audiobook.

Open to all members of the Central New York community, the book read discussions begin on Sept. 14, 2020. at 6 p.m. via Zoom and continue on a weekly basis until November 23 (there will be no discussion on September 28 in observance of Yom Kippur).

“The deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and other unarmed Black people and people of color at the hands of law enforcement compelled the Bar Association and the College of Law to respond in ways that involved, informed, and collaborated across our community," Professor Paula Johnson, Co-Director of the Cold Case Justice Initiative and a project coordinator for Race & Justice in Central New York, told the Syracuse Post-Standard.

Just Mercy is the true story of how Stevenson founded the Equal Justice Initiative (EJI), a nonprofit that provides legal representation to people who have been unfairly convicted or sentenced. It has been described as “a powerful true story about … the importance of confronting injustice.” 

One of the goals of Race & Justice in Central New York is to help people examine and better understand the structure of local and national legal systems and their impact on disparate outcomes for those in historically disenfranchised groups.

“Stevenson so effectively details the endemic racism, classism, and gender bias, that permeates the criminal justice system in the United States,” Johnson says. “He also provides windows where the imperative and possibilities for change exist. Members of all communities will find resonance in what Stevenson reveals, which can inform the necessary changes that must take place in their own locations.”

Beginning with the “Racial Justice Community Book Read,” the project hopes to raise awareness of how the Central New York community can address systemic racism and inequality. “Future series will look at electoral systems, decision making processes, inclusion/exclusion, disparities in distribution of public resources, and accountability by offices and office holders to all members of the community," adds Johnson.

Professor William C. Banks Speaks to Indus News About Legality of NSA Surveillance

Posted on Tuesday 9/8/2020
William C. Banks

Beth Kubala Appointed Civilian Aide to US Army Secretary

Posted on Tuesday 9/8/2020
Beth Kubala

College of Law Teaching Professor Beth Kubala was named one of six civilian aides to the Secretary of the Army (CASA) in a virtual ceremony last month.

On Aug. 18, 2020, at the Pentagon, Secretary of the Army Ryan D. McCarthy appointed Kubala, executive director of the Betty and Michael D. Wohl’s Veterans Legal Clinic, along with Joseph Toloa’ Ho Ching, II, of Pago Pago, American Samoa; Ken Keen, of Atlanta, Georgia; Mark K. Benton, of San Francisco, California; Michael Sablan, of Saipan, Commonwealth of the Northern Mariana Islands; and John Phillips G’91, of Canton, Georgia. Phillips is a graduate of the Defense Comptrollership Program through the Whitman School of Management and the Maxwell School of Citizenship and Public Affairs and is vice president and co-founder of Vetlanta.

McCarthy thanked them for their willingness to serve. “These are unprecedented times and the Army is fortunate to have you in the community interacting with civic leaders, educators and businesses,” said McCarthy. “We have found that there is a dramatic correlation with CASAs and an increase in recruitment. CASAs are a valuable asset in the community and help make a difference.”

CASAs, a vital part of the Army, promote good relations between the Army and the public and advise the secretary on regional issues.

Each state, the District of Columbia and the five U.S. territories have one or more CASAs to provide vital links between the Army and the communities they serve. CASAs are usually business or civic leaders who possess a keen interest in the welfare of the Army and their communities.

CASAs serve a two-year term without compensation. Terms may be extended to a total of 10 years of service. The secretary may recognize a civilian aide as a CASA Emeritus after 10 years of distinguished service.

“As a proud member of the Syracuse community,” says Kubala, who served in the Army for 22 years culminating her military career at Fort Drum, New York, as a military judge. “I am extremely grateful and honored to have been selected by the secretary for this position. Military service runs in our family—my father and great-grandfather served in the Army. This position provides a platform to tell the Army story from my personal and professional perspectives. I’m fortunate to understand what it means to serve through my experiences as an Army officer, military spouse and military mom.”

As part of their role, CASAs can nominate students for the Army’s prestigious Minuteman Scholarship. The Minuteman Scholarship covers from three to four years of full tuition and fees at colleges and universities served by an Army ROTC program. Scholarship recipients also receive a monthly stipend of $420, and a yearly book allowance of $1,200.

“I am profoundly honored to represent Georgia (North) as a civilian aide to Secretary McCarthy,” said Phillips. “The strength, resiliency, and fortitude of our Army is remarkable! Our Army is the greatest Army and I am proud to be part of the team. Thank you for this opportunity to serve and for your belief in me.”

https://news.syr.edu/blog/2020/09/07/law-professor-appointed-civilian-aide-to-u-s-army-secretary/

Professor David Driesen Discusses Airline Fees & COVID-19 in LA Times

Posted on Friday 9/4/2020
David Driesen

Airlines say they may have been money-grubbing fee junkies before, but no longer

(Los Angeles Times | Sept. 3, 2020) For anyone who believes airlines ding passengers with gratuitous fees for no better reason than because they can, America’s biggest carriers have an answer:

Yup.

That appears to be the inescapable conclusion after United Airlines, Delta Air Lines and American Airlines this week announced they’re permanently doing away with the whopping $200 fees they charged to change many bookings.

The carriers say they’re doing people a favor during the COVID-19 pandemic. They say they feel your pain ...

“With demand slack because of COVID, they must offer flexibility to get people to fly at all,” observed David Driesen, law professor at Syracuse University. “In other words, these fees are not raising revenue now, they are lowering it" ...

Read the full article.

Burton Blatt Institute Receives $4.3M to Lead National Center on Employment Policy for Persons with Disabilities

Posted on Thursday 9/3/2020
Burton Blatt Institute

The Burton Blatt Institute (BBI) at Syracuse University has received $4.3 million from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) to lead a new national Rehabilitation Research Training Center (RRTC) on “Disability Inclusive Employment Policy.”

Given the adverse impacts of COVID-19—and with more than 50 million individuals nationwide having lost jobs—the RRTC will address current challenges to the employment and economic advancement of persons with disabilities.

“Today’s unprecedented health and economic challenges raised by the coronavirus pandemic require a comprehensive analysis of US employment policy for individuals with disabilities,” says University Professor Peter Blanck, BBI Chairman and Principal Investigator for the project. “The new RRTC examines the employment lifecycle in consideration of individual disabilities, race/ethnicity, age, sexual orientation, gender identity, and other identities. It will examine national and local policies and programs to promote employment and economic advancement of people with disabilities.”

The RRTC’s agenda is led by diverse and influential members of the disability community. The Center also involves nationally recognized researchers from BBI, Harvard University, and Rutgers University, along with leading national policy and disability organizations such as the National Governors Association, Disability:IN, Council of State Administrators of Vocational Rehabilitation, Independent Living Research Utilization, Association for People Supporting Employment First, National Disability Institute, American Association of People with Disabilities, and others.

To inform policies and behavior, the RRTC team will target key audiences, including employers, service providers, policymakers, and people with disabilities and their families.

Blanck adds that the RRTC will “ambitiously look across the employment lifecycle, to enhance employment entry, economic outcomes, and career growth.” The five-year project will develop a post-COVID-19 policy framework to accelerate opportunities for employment, career pathways, entrepreneurship, and economic self-sufficiency for youth and adults across the spectrum of disability.

Update on the University Review of DPS by Former AG Loretta Lynch

Posted on Wednesday 9/2/2020
Kent Syverud

Dear Members of the Syracuse University Community:

In June, I shared with our community that I asked former U.S. Attorney General Loretta Lynch to conduct a review of Syracuse University’s Department of Public Safety (DPS). Ms. Lynch, who served as U.S. attorney general under President Barack Obama, is respected for her expertise in police-community relations. I write to you today with an update on her work.

By the second week of September, Ms. Lynch and her team will provide preliminary recommendations to form a Public Safety Citizen Review Board that will hear, review and recommend actions regarding complaints made by University community members. That will be followed by a series of listening sessions between Ms. Lynch’s team and members of our community comprising students, faculty and staff, including DPS personnel. Listening sessions will be held virtually and, if health protocols allow, on campus. With those recommendations and input, we will establish the Review Board, whose members will be drawn from the University community. The listening sessions will also in part inform Ms. Lynch’s final independent review and recommendations.

In the coming weeks, you will receive more information from Ms. Lynch’s team about how to participate in these listening sessions. Creating a model where DPS’ focus is on public safety is our goal. Building trust between our community and DPS is an important part of our work in being a more just, equitable and welcoming community for all.

Sincerely,

Chancellor Kent Syverud

Professor Shubha Ghosh Submits Public Interest Statement to Trade Commission

Posted on Tuesday 9/1/2020
Shubha Ghosh

Shubha Ghosh, Crandall Melvin Professor of Law, submitted a Public Interest Statement with the US International Trade Commission on Aug. 18, 2020. 

The Statement raises public interest and competition issues with the Initial Determinations of an Administrative Law Judge at the Commission under Section 1337 Chapter 19, which deals with customs duties, finding that Daewoong Pharmaceuticals had misappropriated Medytox’s trade secrets in developing and importing Nabota, a competing botulinum toxin ("Botox”) product. The judge also recommended a ban on imports of Nabota for the next decade.

Professor Ghosh’s statement raises questions about whether trade secrets were misappropriated. It also expressed concerns about the anti-competitive effects of the judge’s determinations. 

He writes, "[The] determination would transform Section 1337 into a pseudo-anti-dumping regime—where a company that has no rights to enforce the IP at issue nonetheless can obtain relief based merely on a product competing with it. Such a shift extinguishes competition without any public benefit from innovation, and thus is not appropriate.”

Professor Ghosh wrote and submitted the Statement pro bono in conjunction with the Washington, DC, law firms of Foster, Murphy, Altman & Nickel and Kobre & Kim.

Helping Victims of Domestic Abuse and Sexual Assault During COVID-19: “Syracuse Law Students Have Saved This Program”

Posted on Tuesday 9/1/2020

During a time when domestic violence is thought to have increased by as much as 20% due to COVID-19 lockdowns and quarantine orders, which essentially left victims trapped at home with their partners, Vera House was faced with a dilemma: staff and volunteers were overextended, clients were desperately in need of legal representation to draft petitions for orders of protection, and courthouses were shut down.

“Two fabulous law student externs, Ann Ciancia and Tyler Jeffries, had already been drafting petitions in person, and eagerly stepped in to assist remotely,” said Bryn Lovejoy-Grinnell, Director of the Legal Project at Vera House. Through Ciancia L’21, Jeffries L’21, and Eddie Zaremba L’20 and Mariah Almonte L’21, members of the College of Law’s Pro Bono Advisory Board, Vera House was able to recruit additional students to help draft petitions: Nadia Abed L’21, Georgia Amick L’22, Bukre Ayan L’20, Melissa Berouty L’21, Alexandria Corradi L’22, Emily Green L’20, Christopher Henley L.22, Madeline Sheffield L’20, and Christopher Waters L’22.

“These awesome students began taking one, two, or three, 3-hour shifts every week starting in May, and they have made all the difference for us in terms of being able to provide that support to clients,” said Lovejoy-Grinnell. “Syracuse law students have saved this program, bringing care, dedication, passion, commitment, and enthusiasm to this critically important core agency service.”

Syracuse University College of Law’s Pro Bono Program is a faculty and student-led collaborative effort between the College of Law and local attorneys who perform public interest work to provide professional engagement opportunities to students and to serve the community. Each class of College of Law students records approximately 6,000 accumulated pro bono hours.

This work provides invaluable legal services to some of the most vulnerable members of the community, and essential real-world learning opportunities and career paths for Orange lawyers in training.

Professor Nina Kohn on ABC News: COVID-19 Could "Systematically Disenfranchise" the Elderly

Posted on Tuesday 9/1/2020
Nina Kohn

Nursing home residents isolated by coronavirus now face looming challenge: Voting

(ABC News | Aug. 31, 2020) For residents of the Goodwin House Bailey’s Crossroads senior living center in Falls Church, Va., voting used to be just an elevator ride away.

The senior living community room once doubled as an official voting precinct. But this year, with heightened concerns about coronavirus locking down nursing homes around the nation, election officials were forced to move the polling location away -- leaving in its place uncertainty for the facility's approximately 500 residents ...

... “I think we should be clear that there is tremendous reason to be concerned that nursing home residents will be... systematically disenfranchised in this election,” said Nina Kohn, a law professor at Syracuse University who has studied the voting-rights of older adults.

“This is a train barreling down on the right to vote and the sooner people recognize it, the sooner we'll be in a position to intervene" ...

Read the full article.

Professor Mark Nevitt: Climate Change—A Threat to International Peace & Security?

Posted on Monday 8/31/2020
Mark Nevitt

(Opinio Juris | Aug. 29, 2020) Is the climate-security century upon us?  If so, what are the implications for international legal governance and institutions?  In his recent Opinio Juris essay, based on his provocative and meticulously researched article, Atmospheric InterventionProfessor Martin argues that the climate change crisis may well exert pressure for change on the governing jus ad bellum regime.  

Climate Change: A Destabilizing Physical and Legal Force

I am persuaded by Prof. Martin’s argument that the climate change crisis is likely to impact the international collective security system.  While his focus was on the jus ad bellum regime, he briefly discusses the role of the UN Security Council and other institutional structures.   My own work has focused on how the crisis will implicate the international institutions and governance structures that oversee the entire collective security system, particularly the UN Security Council.

In a forthcoming law review article, I argue that climate change will force us to look at international institutions and governance structures with fresh eyes as we struggle to prevent climate-exacerbated conflict and save island nations from possible climate-driven extinction.  In turn, the UN Security Council can and should play a substantive role in addressing the multi-faceted challenges that we face in our “climate security century.” 

Climate change demands both innovative governance solutions and a legal entrepreneurship mindset—using existing tools in new ways.   After all, climate change is an aptly named “super-wicked” problem—no one technological innovation or legal agreement is likely to solve it by itself.  As climate change’s risks are felt—not to mention the risk of “green swan” climate events that transcend any one risk model—we must proactively expand the climate governance aperture.  Call it the “all hands-on deck” approach to international climate governance.  In what follows, I acknowledge both the challenges to UN Security Council action on climate, while arguing that the Council should take three concrete steps to meet the climate security challenges …

Read the full article.

Professor Nina Kohn in The Hill: Older Adults Are Feeling the Heat, Literally

Posted on Monday 8/31/2020
Nina Kohn

(The Hill | Aug. 29, 2020) This August, California’s Death Valley National Park recorded what experts say may be the hottest temperature ever measured on Earth. Yet, it isn’t just deserts that are warming up. Across the country — including in northern states — communities are experiencing more hot days. 

Changing temperatures, like other forms of climate change, may seem universal — but their impacts are far from it. One group particularly susceptible to its effects are older adults. In part, this is because older bodies are less resilient to heat. Older adults are more likely than younger people to experience heat exhaustion, dehydration and heat-induced cardiovascular events such as strokes. Research suggests that strings of days with elevated temperatures — a key result of climate change — place particular stress on older adults’ cardiovascular systems, leading to increased risk of early death. 

But older adults face special risk from rising temperatures not simply because they are physically more vulnerable to heat. They also are vulnerable because their homes are often less well equipped to deal with heat extremes. Many have retired to sunbelt communities where temperatures are now spiking. Those who have remained in the homes they lived in when younger may find their residences are energy-inefficient — making the cost of cooling them unaffordable ...

Read the full article.

Professor Doron Dorfman: How an Unexpected Collaboration Led Utah to Amend its Discriminatory Triage Plan

Posted on Monday 8/31/2020
Doron Dorfman

(The Hill | Aug. 28, 2020) The disability community has a history of contention with the government over enforcing federal antidiscrimination mandates. 

Clashes have often erupted between the parties. In 1977, disabled activists occupied the San Francisco Department of Health and Human Services (HHS) building for 28 days to protest the delay in enacting regulations to help implement Section 504 of the Rehabilitation Act (the first federal disability antidiscrimination mandate). 

In 1990, dozens of activists left their wheelchairs behind, got down on their hands and knees and pulled themselves up the Capitol steps, a demonstration known as “The Capitol Crawl,” in an effort to get Congress to pass the Americans with Disabilities Act (ADA). In 2017, protests against the efforts to repeal Obamacare were rampant.

In 2020, however, disability rights organizations worked together with the federal government to resolve complaints about discriminatory health policies. This collaboration has been effective in ensuring equality for individuals with disabilities, possibly paving the way for new strategies to accomplish social change.  

In the wake of the coronavirus pandemic, medical facilities have been forced to update their plans for allocating scarce life-saving resources — specifically, ventilators — in situations where they may be overwhelmed with patients coming through the doors of their ERs …

Read the full article.

Lerner named to 2021 Best Lawyers in America

Posted on Friday 8/28/2020

Plunkett Cooney is pleased to announce that David Lerner, Partner: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law attorneys was recently selected by his peers for inclusion in The Best Lawyers in America® 2021.

Ryan named to Legal Services Corporation’s Leaders Council

Posted on Friday 8/28/2020

DLA Piper is pleased to announce that US Chair-elect Frank Ryan has been named to the Legal Services Corporation’s Leaders Council. The Legal Services Corporation (LSC) is the country’s largest funder of civil legal aid programs for low-income people. . Frank is excited to continue his support of “expanding access to civil legal aid.” Frank Ryan is a member of DLA Piper's Executive Committee and Global Board and has been elected the next US Chair of DLA Piper. 

Professor Nina Kohn Discusses Nursing Homes, Voting, and COVID-19 on KCBS Radio

Posted on Friday 8/28/2020
Nina Kohn

Hundreds of Thousands of the Elderly May Not Be Able to Vote

(KCBS Radio | Aug. 27, 2020) With the election around the corner and the COVID-19 pandemic making it even more difficult for the elderly and immuno-compromised to get around, hundreds of thousands of nursing home residents may not be able to vote.

For more, KCBS Radio news anchor Margie Shafer spoke with Nina Kohn, Law Professor at Syracuse University specializing in Elder Law.

Listen to the segment.

Syracuse University College of Law Welcomes the LL.M. Class of 2021

Posted on Friday 8/28/2020
College of Law

On Aug. 18, 2020, the College of Law welcomed 10 Master of Laws in American Law students at a Convocation ceremony in Dineen Hall.

“Despite many barriers and uncertainties, this year’s LL.M. cohort includes foreign lawyers representing the legal systems of eight countries,” says Assistant Dean of International Programs Andrew S. Horsfall. “These students join eight returning LL.M. students who began their studies in the last academic year, along with two visiting scholars. I am pleased to announce that this year we add Albania to the ranks of countries represented by our master’s degree students and graduates.”

Due to global disruptions caused by the COVD-19 pandemic, the new LL.M. class will learn together across different locations and time zones: three students will be located in Syracuse, another three will study at other locations in the Eastern Time Zone, and four will be based abroad, in Mexico, Kenya, Germany, and Ghana.

“I look forward to another exciting year with our impressive new group of LL.M. students, diverse in both practice experience and professional interests,” says Professor Arlene Kanter, Faculty Director of International Programs. “As we navigate the challenge of learning during a global pandemic, our LL.M. students will continue to receive outstanding academic advising from members of our law faculty, as well as from our Office of International Programs team and our LL.M. student mentors: 3Ls Brianna Ferrante, Audrey Fick, Kylie Mason, Susan Mintz, and Troy Parker, as well as 2L Mazaher Kaila.”

LL.M. Class of 2021

Ahmed Al Shattawi (Iraq): Ahmed Al Shattawi obtained his Bachelor of Law from Al-Nahrain University in Baghdad, Iraq. Soon after his LL.B studies, he emigrated to the United States, settling in Syracuse, where he obtained a degree in Electrical Engineering and works for Anaran, a local engineering and technology company. During his LL.M. studies, he desires to focus on courses that will expose him to American business law and culture along with subjects tested on the New York Bar Exam.

Alanood Alhammad (Saudi Arabia): Alanood Alhammad obtained a Bachelor of Law from Al-Imam Muhammad ibn Saud Islamic University in Riyadh.  She worked at the Saleh Abdurhman Alatrum law office before coming to the U.S. in 2019 to study Legal English. Alhammad plans to deepen her understanding of business law while enrolled in the LL.M. Program.

Saad Alqahtani (Saudi Arabia): Saad Alqahtani obtained a Bachelor of Law from King Saud University in Saudi Arabia in 2010. He has worked as a legal investigator in the Public Administration for Legal Affairs in the Ministry of Transportation in Riyadh since 2011. Alqahtani intends to pursue courses in labor law, international law, and criminal law while enrolled in the LL.M. Program.

Vein Barazi (Syria): Vein Barazi completed her Bachelor of Law at Damascus University in Syria in 2007.  She worked as a lawyer in Syria for six years before relocating to the U.S. In her practice, she focused on transactional law, civil litigation, and intellectual property. Barazi intends to enroll in courses that will prepare her for the New York Bar Exam.

Fildous Hamid (Ghana): Fildous Hamid obtained both a diploma in Public Administration and a Bachelor of Administration from the University of Ghana.  She also obtained an LL.B. from MountCrest University College in Ghana in 2018. Hamid is interested in labor law and international criminal law.  She is currently living in Germany while her husband is there for work and she plans to sit for the New York Bar Exam upon completion of her LL.M. degree.

Lorena Martinez (Mexico): Lorena Martinez received an LL.B. from the Instituto Tecnológico Autónomo de México (ITAM) in 2020. As an undergraduate, she served as a research assistant for the co-director of the World Trade Organization in Mexico where she focused on international commercial law. Martinez will pursue courses that will prepare her for the New York Bar Exam while enrolled in the LL.M. Program.

Carolina Mendez de Leon (Dominican Republic): Carolina Mendez de Leon completed her LL.B. at Pontificia Universidad Católica Madre y Maestra in the Dominican Republic in 2015. Upon graduation, she worked as a case manager at R. Mendez & Associates in Santo Domingo.  During her LL.M. studies, Mendez de Leon intends to pursue courses in intellectual property, wills and trusts, corporate law, and bar-tested subjects.

Kwabena Mensah (Ghana): Kewbana Mensah is the recipient of the J&K Wonderland Scholarship. He obtained three degrees from the University of Cape Coast in Ghana: a Bachelor of Arts in Religion, Human Values & Philosophy, a Master of Arts in Communication Studies, and an Bachelor of Laws.  He currently works as a broadcast journalist with an emphasis on telling the stories of persons with disabilities in Ghana.  Mr. Mensah received the 2018 Ghana Journalists Award for Best New Reporter in 2018.  While enrolled in the LL.M. Program, he intends to study disability law, media law, and courses that will prepare him for the New York State Bar Exam.

Isaac Onyango (Kenya): Isaac Onyango is the recipient of the JAF Foundation Scholarship*. He obtained his Bachelor of Laws from the University of Nairobi in Kenya in 2016 and a postgraduate diploma from the Kenya School of Law in 2018. He is an advocate with the High Court of Kenya and has worked as a Human Rights Advocate and Strategist with the Down Syndrome Society of Kenya for the last three years. He will pursue courses in disability law and international human rights during his time at the College of Law.

Ersi Qeva (Albania): Ersi Qeva obtained LL.B. and LL.M. degrees from the University of Tirana in Albania. He emigrated to the United States in 2015 with his wife and has been living in Albany, N.Y. Qeva plans to study criminal law and take the New York State Bar Exam upon graduation.

Visiting Researchers 2020-2021

Smitha Nazir (India)

Dr. Smitha Nizar is a Fulbright Post-Doctoral Visiting Scholar from India. In her post-doctoral research, she examines the need to align India’s national laws with the United Nations’ Convention on the Rights of Persons with Disabilities (UNCRPD) and to uphold the basic rights for persons with disabilities. She is pursuing research supervised by Professor Arlene Kanter. Her previous study, The Contradiction in Disability Law: Selective Abortions and Rights (Oxford University Press, 2016), has highlighted the contradicting legal order on disability-selective abortion which is discriminatory and in violation of the international law, e.g. the UNCRPD.

While India’s laws prohibit sex selection, this attempt at equality does not include disability-selective abortions. According to the study, prenatal tests and disability-selective abortion exposes the prejudiced medical and social stance and how the law favors it. Dr. Nizar’s study also reveals how disability-selective abortion is inconsistent with the UNCRPD and its life-affirming paradigm. A pioneer in this area, this research will benefit India and the United States by urging the respective law makers to revisit the specific laws.

Before her research visit to Syracuse, Dr. Nizar was teaching and practicing law in India. She volunteers her time as the Legal Officer of a disability rehabilitation organization, where children with disabilities are supported and educated from the very early stages of life. She dreams for a world where disability is accepted as a general human condition, to treat persons with disabilities as all others. She works to achieve her mission, “Towards Equality for Disability.”

Hojin Choi L’16 (South Korea)

Hojin Choi is a 2016 alum of Syracuse University College of Law’s J.D. program. As a student, he participated in the LondonEx summer program, served as the Research Assistant to Professor Aviva Abramovsky, and pursued courses and internships in disability law. Upon graduation, Choi remained in Syracuse to pursue employment with the local disability rights community. He is currently pursuing research projects supervised by Professor Arlene Kanter as well as conducting research for the Burton Blatt Institute.

Professor Nina Kohn to ProPublica: Nursing Homes Have Duty to Facilitate Residents’ Voting Rights

Posted on Thursday 8/27/2020
Nina Kohn

Hundreds of Thousands of Nursing Home Residents May Not Be Able to Vote in November Because of the Pandemic

(ProPublica | Aug. 26, 2020) ... Under federal law, nursing homes have a duty to facilitate residents’ rights, including voting, said Nina Kohn. But even before the pandemic, compliance was spotty. From 2018 through 2019, Medicare documented complaints from at least 55 U.S. nursing homes in which residents said they weren’t given the opportunity to vote or were unable to get help casting a ballot. But nursing home inspectors categorized the vast majority of these complaints as low severity, meaning they were seen as inflicting little or no actual harm.

As a result, fines for violating residents’ voting rights are rare. Nursing home inspectors, Kohn said, do not take such violations seriously. “What you have is a system where the deprivation of our fundamental civil liberties never arises as being classified as real harm,” she said. “You’ve got a whole category of violations where there are virtually no consequences" ...

Read the full article.

Professor Mark Nevitt: Climate Adaptation—How Do We "Manage" Managed Retreat?

Posted on Wednesday 8/26/2020
Mark Nevitt

Climate change will increasingly require both homeowners and policymakers to accept the sobering reality that we must move away from our most vulnerable communities.

Introduction

During my 20 years in the U.S. military, any mention of the word “retreat” would initially be met with furrowed brows, heavy sighs, and consternation. After all, retreat conjures negative images of defeat and loss to the enemy. Similarly, climate change is an overpowering “enemy” force that threatens coastal communities.

Climate change will increasingly require both homeowners and policymakers to accept the sobering reality that we must move away from our most vulnerable communities. This will require difficult, heart-wrenching, climate adaptation decisions. 

Retreat is an emotionally fraught choice, but often the best option. By one estimate, building sea walls for coastal communities will cost U.S. taxpayers in excess of $400 billion—we simply cannot “accommodate our way” out of climate change.  

But rather than seeing retreat as a failure, we must reconceptualize climate change—driven managed retreat for what it presents: a sensible, albeit difficult option that offers fresh opportunities. It represents a mature evolution and acknowledgement of climate change’s true costs, risks, and threats (Siders 2019). But how do we “manage” managed retreat? And what are the legal barriers in doing so?

We are entering the climate–security century as climate change massively destabilizes the physical environment (Nevitt 2015). To meet this physical destabilization, existing laws, regulations, and policies—all designed for a more stable environment—are similarly ripe for destabilization. As we better understand climate change’s “super-wicked” effects, federal, state, and local governments must look with fresh eyes at the full menu of climate adaptation policies and regulatory tools at our disposal (Lazarus 2009) ...

Read the full report.

Professor David Driesen: How Private Companies Could Step Up to Help Save our Election

Posted on Wednesday 8/26/2020
David Driesen

By David M. Drisen, Eric W. Orts, and George Aposporos 

(The Hill | Aug. 25, 2020)  “Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.” This unofficial motto of the United States Postal Service leaves out the possibility of both viral plague and gross mismanagement — problems we face today.

Private business firms should volunteer to help to overcome these challenges to ensure fair and free elections in November.

Many voters in many states will rely on the U.S. mails to meet the legal requirement of providing “prompt, reliable, and efficient services” and deliver their mail-in votes on time. Yet the Trump administration has signaled an intention to slow down the mail and to restrict the ability of many citizens to vote. Most recently, President Trump stated that he opposed funding the Postal Service because he desires to undermine mail-in voting. Our polarized Congress is not likely to provide a solution.

We propose that business, acting in conjunction with the states, can save our election.

Amazon, FedEx, UPS, and perhaps other companies should offer to provide voters, states, and electoral commissions with delivery services to facilitate mail-in and absentee balloting for free — or for the current normal postage rate. Because these firms offer tracking services, they may offer a further check on alleged fraud problems and satisfy demands for a record of the date sent or deposited, which some states require …

Read the full article.

Syracuse University College of Law Welcomes New Students at its 2020 Convocation

Posted on Wednesday 8/26/2020
College of Law

On Aug. 18, 2020, Syracuse University College of Law welcomed 242 new students at an online Convocation ceremony, including 158 in the residential juris doctor program (Class of 2023); 75 in JDinteractive, the College's online law degree program (Class of 2024); and 10 who pursuing a Master of Laws in American Law (Class of 2021).

The students heard from Syracuse University Chancellor and President Kent Syverud, College of Law Dean Craig M. Boise, and New York State Assembly Minority Leader William Barclay L'95.

Welcoming the students, Chancellor Syverud, also a faculty member in the College of Law, referred to changes to the 2020 fall semester made in response to the coronavirus pandemic: “Your first semester as a Syracuse law student will be very different from students who came before you. But different does not mean your experience will be any less rich or rewarding.”

Dean Boise thanked the students for their patience and fortitude as the College adjusted throughout the summer to a new residential and remote hybrid learning model in order to safeguard health and wellness. He assured the students that “there will be no deviation in our determination to prepare you for a rapidly shifting legal, political, and societal landscape.”

“The past few months have felt like the 1918 flu pandemic, the 1929 economic crash, the civil unrest of the late 1960s, and the cold war combined. If ever there was a pivotal moment in history, it’s this moment,” Dean Boise continued. “And, yet, at this moment each of you is embarking on a legal education. I ask you to consider why you are here. What will you make of this moment? What will this time of global uncertainty do to you, or for you? How will you fortify your own character, your moral and ethical base? How can learning the law enable you to drive change, in your own life and circumstances, but also more broadly, in the world around you?”

Leader Barclay told the students that they “have the good fortune of being in a place that celebrates diversity of thought, fosters collaboration, enthusiastically provides guidance, and rewards work ethic necessary to adapt and achieve.”

“Your time at Syracuse will be incredible,” Leader Barclay added, “but your learning doesn’t stop here. Now is the time to establish the skills and habits that help you solve the problems and rise to the challenges that wait for you. As we see in the world today, those skills have never been more important.”

Dean Boise also offered an overview of the incoming classes. Demonstrating the College’s strong commitment to diversity and inclusion in the legal profession, 65 incoming students identify as persons of color; there is a roughly even mix of students identifying as male and female; there are 61 first-generation students; and 32 students are either active duty military members veterans, or military-affiliated. 

Together the J.D. incoming classes represent 39 states, including the District of Columbia, and four different nations in addition to the United States: Canada, China, South Korea, and the United Arab Emirates. 

Whereas the average age of the residential J.D. class is 24, the average age of JDinteractive students is 35, illustrating the continued attraction to this program for non-traditional students and those seeking to supplement credentials or change careers. In July, the American Bar Association granted Syracuse permission to expand enrollment in JDi in order to meet increasing demand for a high quality, flexible online law degree program that meets the family, work, and other needs of non-traditional law students. 

As of Aug. 24, 2020, the LSAT and GPA median scores for all incoming juris doctor students once again are strong. The median LSAT score (155) improves by one point, and the median GPA score for the incoming J.D. students improves from 3.33 (2019 matriculation) to 3.53. 

Forty-seven students begin their law studies already holding higher degrees, including master's in business, criminology, economics, education, fine art, political science, physiology, and psychology. There are two M.D.s, and four students hold Ph.Ds, in neuroscience, chemistry, chemical engineering, and cultural anthropology. 

This year’s LL.M. class of 10 foreign lawyers represents the legal systems of eight countries. For the first time, a student from Albania matriculates, while other master's degree students come from the Dominican Republic, Ghana, Iraq, Kenya, Mexico, Saudi Arabia, and Syria.  

These lawyers begin their studies with a wide range of interests and practice experience, in business and commercial law, disability law, labor law, intellectual property, international criminal law, and human rights.  

Bottar included in Best Lawyers

Posted on Tuesday 8/25/2020

Michael A. Bottar recognized by Best Lawyers® as a 2021 Syracuse "Lawyer of the Year."

Recognized as 2021 Best Lawyers in America: Ones to Watch

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Amber L. Lawyer, ’17 Graduate: Corporate Law and Mergers and Acquisitions Law was selected for inclusion in 2021 Best Lawyers in America: Ones to Watch. 

Lafferty included in 2021 Best Lawyers in America Ones to Watch and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Riane F. Lafferty, 14’ Graduate: Labor and Employment Law – Management and Litigation – Labor and Employment was selected for inclusion in 2021 Best Lawyers in America Ones to Watch. Lafferty has also been selected for inclusion in 2020 Super Lawyers. 

Jacobson included in 2021 Best Lawyers in America Ones to Watch and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Nicholas Jacobson, ’14 Graduate: Labor and Employment Law – Management was selected for inclusion in 2021 Best Lawyers in America Ones to Watch. Jacobson has also been selected for inclusion in 2020 Super Lawyers. 

Tice included in 2021 Best Lawyers in America: Ones to Watch

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Sunny I. Tice, ’10 Graduate: Real Estate Law was selected for inclusion in 2021 Best Lawyers in America Ones to Watch.

Galbato included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Suzanne O. Galbato, ’98 Graduate: Commercial Litigation was selected for inclusion in 2021 Best Lawyers in America.

Harshbarger included in 2021 Best Lawyers in America and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Laura H. Harshbarger, ’97 Graduate: Education Law; Employment Law – Management; Labor Law – Management; and Litigation – Labor and Employment was selected for inclusion in 2021 Best Lawyers in America. Harshbarger has also been selected for inclusion in 2020 Super Lawyers. 

McGuire included in 2021 Best Lawyers in America and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that George R. McGuire, ’96 Graduate: Litigation – Intellectual Property; Litigation – Patent; and Patent Law was selected for inclusion in 2021 Best Lawyers in America. McGuire has also been selected for inclusion in 2020 Super Lawyers. 

Laudadio included in 2021 Best Lawyers in America and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Brian Laudadio, ’96 Graduate: Commercial Litigation; Litigation – Labor and Employment; and Litigation – Municipal was selected for inclusion in 2021 Best Lawyers in America. Laudadio has also been selected for inclusion in 2020 Super Lawyers. 

Butler included in 2021 Best Lawyers in America and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Brian J. Butler, ’96 Graduate: Commercial Litigation was selected for inclusion in 2021 Best Lawyers in America. Butler has also been selected for inclusion in 2020 Super Lawyers. 

Champion included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Gregory J. Champion, ’91 Graduate: Corporate Law was selected for inclusion in 2021 Best Lawyers in America.

Schwab included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Martin A. Schwab, ’90 Graduate: Trusts and Estates was selected for inclusion in 2021 Best Lawyers in America.

Reichel included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that • Paul W. Reichel, ’90 Graduate: Tax Law was selected for inclusion in 2021 Best Lawyers in America.

Daley included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Stephen C. Daley, ’87 Graduate: Employee Benefits (ERISA) Law was selected for inclusion in 2021 Best Lawyers in America.

Brown included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Dennis C. Brown, ’84 Graduate: Litigation and Controversy – Tax; and Tax Law was selected for inclusion in 2021 Best Lawyers in America.

Fernandez included in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Hermes Fernandez, ’81 Graduate: Administrative/Regulatory Law; and Health Care Law was selected for inclusion in 2021 Best Lawyers in America.

D'Ambrosio included in 2021 Best Lawyers in America and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Nicholas J. D'Ambrosio, Jr., ’80 Graduate: Employment Law – Management; Labor Law – Management; and Litigation – Labor and Employment was selected for inclusion in 2021 Best Lawyers in America. D'Ambrosio has also been included in 2020 Super Lawyers. 

Brown named Best Lawyers in America "Lawyer of the Year"

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Dennis C. Brown has been named the 2021 Best Lawyers in America "Lawyer of the Year" for Tax Law in Naples. Dennis concentrates on trust and estate planning for high net worth individuals and families. He utilizes a wide range of sophisticated techniques to protect assets, minimize taxes and provide practical approaches to accomplish his clients’ long term financial security and wealth transfer goals. 

Dixon named Best Lawyers in America "Lawyer of the Year" and 2020 Super Lawyers

Posted on Tuesday 8/25/2020

Bond, Schoeneck & King is pleased to announce that Cressida A. Dixon has been named the 2021 Best Lawyers in America "Lawyer of the Year" for Trusts and Estates in Rochester. Cressida counsels high-net-worth individuals and family groups in sophisticated wealth and estate planning; estate, gift and generation-skipping transfer taxation; income taxation of estates and trusts; and succession planning for closely held and family businesses. Dixon has also been selected for inclusion in 2020 Super Lawyers. 

Stack listed in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Barclay Damon is pleased to announce that Gerry Stack: Tax Law, of their Syracuse, NY office, was listed in 2021 Best Lawyers in America. 

McAuliffe listed in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Barclay Damon is pleased to announce that Kevin McAuliffe: Project Finance Law, of their Syracuse, NY office, was listed in 2021 Best Lawyers in America. 

Leja listed in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Barclay Damon is pleased to announce that Andrew Leja: Environmental Law, of their Syracuse, NY office, was listed in 2021 Best Lawyers in America. 

French listed in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Barclay Damon is pleased to announce that Dan French: Criminal Defense: White-Collar, of their Syracuse, NY office, was listed in 2021 Best Lawyers in America. 

Barclay listed in 2021 Best Lawyers in America

Posted on Tuesday 8/25/2020

Barclay Damon is pleased to announce that Will Barclay: Corporate Law, of their Syracuse, NY office, was listed in 2021 Best Lawyers in America.