NYSSTLC Helps a Biotech Firm Traverse Commercialization’s “Valley of Death”

Posted on Wednesday 12/13/2017

The realm of technology commercialization is fond of its geographical metaphors. Researchers and entrepreneurs who seek to make their discoveries commercially viable talk of intellectual property “landscapes,” “routes” or “paths” to market, as well as technical and regulatory “milestones.” But there is one image that is somewhat darker: the “valley of death.” 

That “valley” describes the space between the laboratory bench and the marketplace where projects can stall for want of business acumen, start-up funding, or intellectual property protection. It’s a space that Joseph Scaduto is determined to traverse successfully as he collaborates with two Stony Brook University bioscience researchers to commercialize novel inflammatory disease therapies with the help of the College of Law’s New York State Science and Technology Law Center.

In fact, so determined is Scaduto to navigate the “valley of death” that he named his start-up venture Traverse Biosciences: its logo appropriately stylizes two mountain peaks. Traverse Biosciences currently is working to commercialize one of its patented biochemical discoveries, TRB-N0224, a potentially ground-breaking disease therapy. The initial application is to treat canine and feline periodontal disease.

“I’ve been working in the ‘valley’ for more than a decade,” says Scaduto. “I’ve seen the challenges that commercializing academic research can run into when you try to create a product and find funding and other resources. There are a lot of inefficiencies in early-stage technology commercialization, and failure is all too common.” While some entrepreneurs might describe a dream that keeps them motivated, Scaduto says one of the driving forces behind his career is the way he’s “irked” by these commercialization inefficiencies that in turn “lead some to be critical of government investment in basic research.”  

“The commercialization path of Traverse Biosciences illustrates that the goal of economic development through the commercialization of university technologies can be achieved,” observes NYSSTLC Associate Director Molly Zimmermann, adding that Traverse Biosciences utilized the free reconnaissance research offered by NYSSTLC on different aspects of commercialization between 2013 and 2016. 

Scaduto’s partnership with NYSSTLC has been a return home of sorts. “In my previous life, I was Assistant Director of Business Development at Stony Brook’s Center for Biotechnology, and I was an early partner of College of Law commercialization law program founder Ted Hagelin. I had a great working relationship with Ted, and through his leadership, a network of Technology Commercialization Clinics was established across New York State to help researchers understand markets, IP protection, and regulatory landscapes.” 

After leaving the Center for Biotechnology, Scaduto founded Traverse Biosciences in 2013 and investigated a viable biotechnology to commercialize. He eventually teamed up with professors Lorne Golub of Stony Brook’s School of Dental Medicine and Francis Johnson of the departments of Chemistry and Pharmacology. 

Golub and Johnson were designing and testing compounds that showed promise as anti-inflammatory agents, and TRB-N0224 went to the head of the pack as a candidate for commercialization in Traverse Bioscience’s suite of novel compounds. This drug is envisioned as the first FDA-approved, once-daily prescription for the prevention and control of canine and feline periodontal disease (the disease affects approximately 80% of dogs by age 3, particularly smaller breeds).

“I’m now experiencing commercialization as a company owner,” observes Scaduto, “so it was natural for me to return to the two centers I know well in order to understand the issues we would have in commercializing these discoveries. I asked myself, could someone with my knowledge of commercialization create a technology that could successfully hit lab-to-market milestones?”

“Traverse Biosciences is a story about how federally funded university research ideally goes to market,” says Zimmermann, praising Scaduto’s role in creating the state-wide innovation ecosystem that his company now benefits from. “At the Center for Biotechnology—one of many NYSTAR sponsored research centers—Joe recognized the importance of vetting new discoveries for commercial potential.” Scaduto also worked with Ted Hagelin to obtain funding for what became the NYS Technology Commercialization Clinic Network that “link university engineers and scientists to entrepreneurs, funders, pitch coaches, accountants, and others,” says Zimmermann. 

The NYSSTLC receives referrals from one of the commercialization centers, and then teams of College of Law students—guided by professors with experience in product development —complete the IP, market, regulatory, and commercialization analyses needed to make a “go/no-go” decision on the moving the technology forward. 

“The law center helped me make sense of general and strategic business questions, such as the market size and opportunities, as well as regulatory pathways, for our anti-inflammatory therapies,” explains Scaduto. “This work helped us to clearly realize what our opportunities were, develop our business plan, and focus our efforts.” 

Scaduto explains that one barrier to commercialization within the “valley of death” is that a small company often has few labor resources, “so it’s important for entrepreneurs to realize they can use a center such as NYSSTLC—and the alphabet soup of other resources throughout the state—to provide them with more bandwidth. This invaluable support can also lead to networking and funding opportunities.” 

Traverse Biosciences has realized many of these opportunities in the last few years as it brings TRB-N0224 online. Among its news announcements in 2017 alone, the company was awarded a patent in January for uses for its proprietary library of chemically modified curcumins (plant chemicals found in turmeric and ginger), including TRB-N0224; it won the Association of American Universities and Association of Public and Land-Grant Universities inaugural University Innovation and Entrepreneurship Showcase; and it received a $1.32 million Phase II Small Business Technology Transfer Award from the National Institutes of Health. 

Traverse Biosciences has already begun testing the compound in partnership with a Top 10 global animal health organization. “While for humans, we’re at a pre-clinical stage of development,” says Scaduto. “We currently are determining which human therapeutic indication to focus on, before moving on to safety studies, the submission of an Investigational New Drug (IND) application, and eventually human clinical trials.” 

As someone who has been on both sides of the “valley”—as a business advisor and now as a successful entrepreneur—it’s no surprise that Scaduto has plenty of advice for young start-ups.  

“You need to stay goal-oriented and milestone-driven,” Scaduto advises. “It’s easy to be distracted, and you will certainly face disappointments, but you must continue to achieve goals that add substantive value to your technology, and stay the course for the sake of your collaborators, licensing partners, and investors. Always understand what needs to be accomplished within a certain timeframe as you ‘traverse’ toward the marketplace.” 

Shubha Ghosh Completes Fellowship at Japan’s Institute for Intellectual Property

Posted on Wednesday 12/13/2017

Design is a hot topic of debate for those engaged with intellectual property commercialization. A common definition of design is how a product looks or how it functions. The legal system has divided up design into the areas of utility patent, design patent, copyright, and trademark. However, according to Crandall Melvin Professor of Law Shubha Ghosh, Director of the College of Law’s Technology Commercialization Law Center, current law blurs boundaries among these areas, creating uncertainty for practitioners and policymakers.

In December, Ghosh was invited by the Institute for Intellectual Property (IIP)—the research division of the Japan Patent Office (JPO)—to study these issues for a few weeks as an Invited Researcher. The fellowship was made possible by the Foundation for Intellectual Property, which supports visits by professors and practitioners from around the globe. 

Ghosh’s invitation to apply for the fellowship led to an application, a competitive review process, and a grant in early 2017. “It was an honor to be selected,” says Ghosh, “and to follow an exciting intellectual opportunity to learn more about a different intellectual property system.” 

During Ghosh’s visit, IIP arranged interviews (and an accompanying interpreter) with staff at the JPO, practicing patent attorneys, and professors in the field of technology management and intellectual property.

His research was the subject of a presentation to 30 practicing attorneys in Tokyo on Dec. 8, 2017, and it will be published as a special report by the JPO in Spring 2018.  Ghosh will also expand his report into a law review article. 3L Lauren Lyons provided background research to assist Ghosh.

According to Ghosh, Japan draws stricter lines among different types of design through a distinction between applied and fine art. The United States lost that distinction decades ago, leading to the possibility that design patent, copyright, and trademark laws are being used to protect what should be the subject of a utility patent. 

“In recent cases, Japan has extended copyright protection to the ornamental design of a high chair and a kimono sash, useful articles that if anything should be the subject of patent law,” Ghosh explains. “Lines are blurring in Japan as they have in the US, but there are useful lessons from the traditional boundaries that Japanese law has been able to draw.”

Wherever design law ends up, concludes Ghosh, it is important for technology and intellectual property commercialization because many creative people seek to obtain a foothold in markets for products that are both useful—and beautiful.

College of Law Chosen as Family Security Project Host Site

Posted on Tuesday 12/12/2017

The College of Law has been chosen as a host site for the Equal Justice Works New York State Family Security Project (NYSFSP). This state program is designed to foster family security and community education through the delivery of high-quality legal services to immigrant families. The College will be funded for one NYSFP fellow and one NYSFP law student. 

In exchange for their fellowship/scholarship award, during a 12-month period, the Fellow and the student will serve immigrant families by addressing barriers in protecting or obtaining lawful citizenship status, lack of planning for possible separation, and other issues related to immigrant family unity and stability. NYSFP is supported by the state Commission on National and Community Service, Carnegie Corporation of New York, and the Ford Foundation. 

The Fellow will work in the College of Law’s Office of Clinical Legal Education. Deborah Kenn, Associate Dean of Clinical Education, says, “this will be a valuable opportunity for the College to build capacity in legal assistance to immigrant communities and to provide access to justice for individuals and families struggling for basic human rights.” 

The Value of Syracuse Law

Posted on Monday 12/11/2017
What exactly comes with a Syracuse Law education? And why is it so valuable? Whether you’re an accepted student, prospective student, or currently just considering law school, you probably want those answers as hard cold facts. So we put together an infographic that shows how the value adds up.

DCEx Students Close Semester with a Seminar on Law, Public Affairs, & Critical Infrastructure

Posted on Tuesday 12/5/2017

On Dec. 1, 2017, James Voyles L'14—Policy Counsel and Director of Communications for consulting and advocacy firm HBW Resources—met with Fall 2017 DCEx externship students in Washington, DC. 

Voyles discussed his many areas of expertise, including power generation, pipeline infrastructure, the grid, renewable technologies, and access to oil and natural gas. His position with HBW Resources deals with public affairs and public advocacy law utilizing both his legal degree and Master’s of Science in Public Communications. Voyles gave participants valuable advice regarding their bar preparation, job search, and networking.

This seminar was the last in a successful fall semester for this externship program. After the seminar was completed, externs and local alumni attended a closing reception.

College of Law Holds Commencement Ceremony for Master of Laws Graduates

Posted on Tuesday 12/5/2017

The College of Law celebrated the graduation of nine Master of Laws in American Law students—representing seven countries across three continents—at a Commencement ceremony in the Melanie Gray Ceremonial Courtroom in Dineen Hall on Dec. 1, 2017. 

Introducing the graduates, Dean Craig M. Boise noted that the geographical diversity of the cohort, which matriculated in January 2017, is matched by its diversity of interests and expertise, in international law, immigration law, human rights, women's rights, corporate and commercial law, and public sector law and policy. 

“Your multiple points of view, divergent backgrounds from alternative legal traditions—not to mention your enthusiasm and wisdom—have enriched and strengthened the College of Law,” said Dean Boise in his remarks. “I have no doubt that your personal and professional experiences have amplified the law school experience for our juris doctor students, and I thank you for your contribution to the College's community and to its scholarship.” 

Dean Boise added, “I hope and fully expect that the LL.M. degree you have earned will not only advance your individual careers but also the nations which you represent, as well as the rule of law worldwide.”

Alumna Brigitte Herzog L’75, delivering the Commencement Address, congratulated the students on mastering the “difficulties of studying a legal system which is different from your own and in a language which is not your native one.” 

Herzog, an expert in comparative and international law, observed that the students will face new tests arising from their status as LL.M. graduates of an American college. “The first challenge you will face,” she said, “will be to readjust to an environment you thought you knew well but which will be different because you will look at it with a new set of eyes.” She implored the graduates to continue to improve their legal skills, to push for needed changes when appropriate, and to keep “good moral compass.” 

“When you’re a leader, people watch you,” Herzog said, “and when you make tough decisions, they might not like it at first because you will be disrupting the status quo, but if you have followed a good process to reach your decision and it is fair, it will be accepted.”

Noting that the first challenge the graduates had to face in January 2017 was a frigid Central New York winter, having “arrived from sunny climates,” Assistant Dean of International Programs Andrew Horsfall told the cohort that “you embarked on a rigorous academic journey, getting to work in the classroom, in our job shadow program, and in summer internships, not only surviving but thriving. You were a pleasure to get to know.” 

Diego Sanchez Labrador LL.M.’17, offered remarks on behalf of the students, asking “What is our role as LL.M. graduates when we are back in our home countries? How can we apply ethics, principles, and values we have learned toward changing the world?” Sanchez Labrador says he has big plans to change his native Mexico, if not the world. Politically active since a teenager, he says he will return to work for the Institutional Revolutionary Party (PRI) during the next general election cycle with the goal of one day leading his country as president. 

In fact, it was while Sanchez Labrador was working as an advisor for Mexican President Enrique Peña Nieto that he met former US Vice President Joseph R. Biden L’68. Sanchez Labrador says he mentioned to Biden that he would like to study law in the US, and “Biden literally stopped in his tracks and said, ‘Syracuse is your only option!’ You don't get that kind of advice every day from an American Vice President.” 

“The master's degree has been a wonderful experience, with great people and a great community,” says Linda Gitonga LL.M.’17, a Kenyan native who is beginning an Internship at The World Bank before taking up a Fellowship with the Center for Reproductive Rights. “The students were able to learn from each other, and we shared our backgrounds, experiences, cultures, and sometimes even food from back home! The alumni community has been amazing for us also. It’s great to see that the College has so many alums for us to network with, and their success is an inspiration.”

2017 LL.M. Graduates

Victor Aisenberg, Brazil

Aisenberg obtained his LL.B. from the Universidade do Estado do Rio de Janiero, in Brazil in 1993. He also received a Master of Laws from the same institution in 2004. Since 2002, he has been a lecturer and professor of civil procedure and civil law at Itauna University. He plans to stay in the United States for another year through Optional Practical Training with the future goal of taking the New York Bar Exam and practicing immigration law.

Moamin Aljaro, Palestine

Aljaro is a recipient of the LL.M. Fellowship offered by the Open Society Foundation’s Palestinian Rule of Law Program. He obtained his LL.B. from the University of Palestine at Al Zahra in the Gaza Strip. Since completing his undergraduate studies, he has worked with the Norwegian Refugee Council, the Palestinian Center for Democracy and Conflict Resolution, and the Legal Aid Clinic at the University of Palestine. After graduation, he will focus on working with NGOs and legal clinics that concentrate on Human Rights issues in the Gaza Strip, especially on empowering women’s rights programs and initiatives. He is also considering further advancement in his educational journey.

Fatimah Aljaroudi, Saudi Arabia

Aljaroudi obtained her LL.B. from King Abdulaziz University (KAU), in Saudi Arabia, in 2013, where she was a top-ranked student in her graduating class. At KAU, Ms. Aljaroudi was a founding member of the law club, worked as a trainee lawyer in a private law firm, and worked pro bono with the organization “Right” to provide legal advice regarding claims and the right way to raise them. Upon graduation, Aljaroudi will return to her home country to receive her license before continuing her academic studies abroad.

Munahi Alotaibi, Saudi Arabia

Alotaibi obtained his LL.B. from King Saud University in 2010. Since that time, he has worked as a Legal Investigator and Lead Public Administrator for legal affairs with the Ministry of Transportation in Saudi Arabia. In his role, Alotaibi drafted legal memoranda and represented the Ministry in local councils and meetings. He plans to start his own law firm following graduation.

Adnan Alsufyani, Saudi Arabia

Alsufyani obtained his LL.B. from King Abdulaziz University, in Saudi Arabia, in 2014. He worked as a legal researcher for a technology and communications company in Riyadh before coming to the United States to improve his English. Alsufyani will continue his education by pursing a Ph.D. in commercial law.

Luis Bernal, Dominican Republic

Bernal is a citizen of the United States who obtained his LL.B. from Pontificia Universidad Catolica Madre y Maestra, in the Dominican Republic, in 2015. While pursuing his undergraduate legal studies, he worked as a paralegal in a private law firm specializing in corporate and commercial law. Upon graduation, Bernal plans to further his studies specializing in corporate finance with the goal of eventually starting his own private practice.

Linda Gitonga, Kenya

Gitonga graduated with an LL.B degree from Moi University, in Kenya, in 2015. She has had various experiences working in civil litigation and drafting documents. She interned for the New York State Division of Human Rights during the summer and is excited to start an internship with The World Bank’s Doing Business Project after graduating.

Anas Maroof, The Kurdish Region of Iraq

Maroof is a citizen of the United States who obtained his LL.B. from the University of Kirkuk in 2008. While pursuing his legal studies, Maroof worked within the United States Department of State as a personal linguist with the US Embassy officials in Iraq. After graduation, he plans on taking the New York Bar Exam and will practice in the fields of criminal defense and immigration.

Diego Sanchez Labrador, Mexico

Sanchez Labrador obtained his LL.B. from the Universidad Anahuac, in Mexico, in 2016. While in his undergraduate program, he performed thesis research on the Legitimacy of Proportional Representation in Mexican Parliamentarism. He also has a specialty in constitutional law and human rights from his alma matter and has earned certificates in tax regulation and conflict management. After graduation, Sanchez Labrador plans to return to Mexico to work as a lawyer in the public sector to improve the legal system with ethical principles and values so that corruption and impunity are reduced. In further service in the public sector, his professional goal is to become President of Mexico.

Also recognized: Ariana Foley and Nicola Russell, both exchange students from Queen's University Belfast, Northern Ireland.

New Monthly Materials List Now Available

Posted on Monday 12/4/2017

​The December 2017 New Materials List has been published on the Law Library's website.  It contains the list of new books, journals, audio-visual and other media purchased by the Law Library during the previous month.

New books can generally be found in the new book displays at the front of the library.

NYSSTLC Wraps Up Research Reports for Innovation Businesses

Posted on Friday 12/1/2017

Every semester at the Syracuse University College of Law, a combination of retired engineers, faculty, and law students work together in teams to identify potential barriers to commercializing a new technology. 

They do this as part of a course taught by Jack Rudnick for early stage technologies from around NYS. They search patent literature, publications, and existing products to identify prior art that may be a factor in being able to use and protect the inventions. The teams provide an overview of regulations that the technology must comply with. Through a partnership with the Entrepreneurship and Emerging Enterprises at the Whitman School, business students contribute to the completion of market evaluations. 

This semester’s projects included: 

  • Crystal Creek, which offers a farm digester system that allows the farmer to remove enough phosphorous from farm waste to recycle a greater amount of fertilizer and increase energy production. 
  • EndoGlow, which is commercializing a fluorescent medical device that increases vision for robotic surgical systems.
  • Empire Medicinals, which is bringing discoveries about mushroom characteristics useful for health care to market. 

Venture Creations from Rochester, NY, an RIT business accelerator, offered support to these early stage companies was a referral source.

Inter-Collegiate Moot Court Teams Complete Successful Fall Season

Posted on Wednesday 11/29/2017

It’s been a busy two months for the College of Law’s Trial Advocacy program, reports Professor Kathleen O’Connor, Faculty Director of the Moot Court Honor Society and Advocacy, with inter-collegiate teams reaching the Final Four in three competitions and with students and teams bringing home individual awards. 

On Nov. 9 to 11, 2017, the National Moot Court Competition team of 3L Anna Pinchuk, 2L Erika Simonson, and 3L Erin Shea participated in the Boston Regional round of the New York City Bar’s national appellate competition. The team advanced to the semifinal round and brought home the award for Best Brief. The team is coached by Professor Richard Risman, who was assisted by David Katz L’17.

The National Board of Trial Advocacy Tournament of Champions Competition team competed from Nov. 2 to 4, 2017 in Los Angeles, CA. Making it into the semi-finals were 2L Adam Carey, 3L Christopher Clark, 3L Annie Millar, and 2L Dennis Scanlon. Joanne Van Dyke L’87 coached the team, and 2L Sara Fitzpatrick served as the team alternate and practice partner. Additionally, Justin St. Louis L’17 helped prepare the team as an assistant coach.

The team of 3L Tom DeBernardis, 3L Stephanie Martin-Thom, 3L Jennifer Pratt, and 2L Matt Wallace competed at the Buffalo-Niagara Mock Trial Invitational on Nov. 10 to 13, 2017, advancing to the Final Four. Pratt was named Best Overall Advocate through the Preliminary Rounds. The team was coached by Jeff Leibo L’03 and Colleen Gibbons L’17, with 2L Ahmed Khattab serving as alternate and practice partner.

Coached by Professor Yelena Duterte, a 2L team of Olivia Fontana and Ryan Harrison advanced to the quarterfinals in the College of Law’s first-ever appearance in the National Veterans Law Moot Court Competition in Washington, DC, which took place from Nov. 4 to 5, 2017. The team lost in the Elite Eight round only in a split decision. 

In another first-time appearance for the College, the Judith Kaye Arbitration Competition team returned from New York City on Nov. 12, 2017, with two awards. The 2L team of Sophie Bober, Sarah Knickerbocker, and Ursula Simmons brought home trophies for Best Cross Examination and Best Brief. James Sonneborn and Casey Johnson of Bousquet Holstein PLLC coached the team. This competition is sponsored by the New York State Bar Association and the American Arbitration Association.  

A team of 3L Michelle Futch, 3L Aidan Scott, and 2L Porsche Skenandore-Wheelock took part in the St. John’s University School of Law Securities Dispute Resolution Triathlon. Coached by Professor Gary Pieples, these student advocates competed through three rounds of arbitration, negotiation, and mediation.

For more information about the College of Law’s award-winning moot court and advocacy programs, click here

Law Students: Swipe Access to Library Evenings & Weekends beginning 11/27

Posted on Tuesday 11/21/2017

​Beginning Monday, Nov. 27, and continuing through the end of the Fall Semester finals, the Law Library doors will be swipe access only from 5pm to 8am Monday through Friday, and will be swipe access all day/night on Saturday and Sunday.

Other (Non-Law) SU users and building visitors should see our Access to the Law Library web page for access information and hours. 

Corri Zoli Participates in UN Counterterrorism Conference

Posted on Monday 11/20/2017

On Nov. 15 and 16, 2017, Corri Zoli, Director of Research, Institute for National Security and Counterterrorism, represented Syracuse University at two United Nations Counter Terrorism Executive Directorate (UN CTED) workshops, at New York University and UN headquarters. 

"Few people know that the UN has taken a leading role in counter terrorism efforts around the world," says Zoli. "Two weeks after the terrorist attack of Sept. 11, 2001, the UN unanimously established the Counter-Terrorism Committee (CTC) by Security Council Resolution No. 1373 (2001), comprising all 15 Security Council members. To help advise member states around the world in measures to advance their legal and institutional capacity to counter terrorist groups, attacks, and criminal activities, the Security Council in 2004 established CTED to assist in the research needed to help the CTC monitor and implement counterterrorism measures, from criminalizing the financing of terrorism to information sharing about safe havens or groups supporting terrorists." 

At both events, Zoli provided insights on data-driven approaches to understanding terrorism, radicalization, and countering violent extremism (CVE). She also shared information with colleagues and delegates on the systems, critical infrastructures, and organizational structures that terrorist organizations often use to effect their goals of political violence and creating fear among local populations. 

At the UN headquarters event, Zoli was included as an expert on questions from concerned delegates from across the globe interested in understanding “best practices” to combat terrorism. Queries posed included how to lawfully deal with foreign fighters returning home and what measures should be taken for counter-radicalization, including for women and children who were also drawn to the Levant by groups such as ISIS and Al Nusra.

Zoli's presence at this conference continues INSCT's close collaboration with UN CTED. For the past few years law and graduate students in INSCT's Law 822 Research Center have presented research to the directorate on how UN member states are complying with UN Security Council Resolution 2178, which calls on members to prevent the “recruiting, organizing, transporting, or equipping of individuals who travel to a State ... for the purpose of the perpetration, planning of, or participation in terrorist acts.” 

In May 2016, INSCT was invited by UN CTED to join The Prevention Project, directed by former US Department of State counterterrorism official Eric Rosand through the Global Center on Cooperative Security. The project aims to support member states’ efforts to deal holistically and constructively with citizens who travel to fight with extremist and terrorist organizations. 

Emerging Trends in Terrorism and Counterterrorism

New York University Center for Global Affairs | Nov. 15, 2017

Session I: Returning & Relocating Foreign Terrorist Fighters

While the flow of FTFs to Iraq and Syria has slowed, returnees and the relocation of fighters from the conflict zones to other regions present a considerable threat to international security. The flow of returnees risks spreading the threat posed by individuals loyal to ISIL to new regions. In addition to calling for terrorist attacks on an international scale, terrorist organizations—including ISIL (Da’esh), Al-Qaida, Boko Haram and Al-Shabaab—have compensated for their territorial losses by expanding their

presence to new areas. This session will focus on discussing challenges related to returning and relocating foreign terrorist fighters (FTFs).

Session II: Countering Violent Extremism

Some Member States are concerned that the numbers of FTFs returning to their countries of origin, potentially intending to perpetrate attacks, in combination with those being radicalized to violence within those countries, present a growing challenge to national security. The purpose of this session is to share and discuss good practices in countering violent extremism (CVE), including the role of the media, civil and religious society, the business community and educational institutions to enhance dialogue and broaden understanding, and in promoting tolerance and coexistence, and in fostering an environment which is not conducive to incitement of terrorism.

Session III: Protection of Soft Targets

Over recent years, the proportion of terrorist plots resulting in fatalities has increased, in part due to the activities of returning and relocating foreign terrorist fighters (FTFs), as well as due to the evolution in terrorists’ modus operandi, including: (i) their use of basic (legal and easily accessible) tools that reduce opportunities for detection and disruption; (ii) their emphasis on (often poorly protected) civilian targets; and (iii) their use of information and communications technologies (ICT), including encrypted messaging services, for terrorist purposes, including to remotely guide single-perpetrator terrorist attacks. The purpose of this session is to analyze and discuss challenges and good practices related to preventing terrorist acts against civilians.

Session IV: The Future of the Global Research Network

The purpose of this session is to assist CTED in its preparation of: (i) A list of specific trends, developments and issues that require further research and analysis; and (ii) An internal work plan for future engagement with members of the Network, with a view to developing further evidence-based research that can support the work of the Committee and CTED.

CTED Second Open Meeting of the Chair of the Counter-Terrorism Committee and Global Research Network Partners 

UN Headquarters, New York City | Nov. 16, 2017

  • Session 1: Summary of NYU technical consultations
  • Session II: Implementation of Security Council Resolution 2178 (2014)
  • Session III: National practices in CVE that can be conducive to terrorism
  • Session IV: The protection of civilian (“soft”) targets

Speakers included: 

  • Emman El-Badawy, Tony Blair Institute for Global Change
  • Cheryl Frank, Institute for Security Studies, Pretoria
  • Pavel Mareev, Commonwealth of Independent States Anti-Terrorism Center (CIS ATC)
  • Magnus Ranstorp, Swedish National Defence CollegeDavid Scharia, Chief of Branch, Counter-Terrorism Executive Director (CTED)
  • Ali Soufan, The Soufan Group

With NYSSTLC’s Help, Heatsleeve Is Heating Up the Prosthetic Devices Market

Posted on Monday 11/13/2017

The last straw for Bryan Costello came one bitterly cold winter morning. Having lost part of his right leg in a motorcycle accident in 2011, Costello was now employed plowing driveways instead of working as a pipefitter for a nuclear plant in Upstate New York. On that particular 10ºF morning, his carbon fiber prosthetic—fitted snugly below the knee—“was really sucking in the cold, and I said to myself, ‘Are you kidding me?!’” Like many amputees, Costello suffers from circulation issues, numbness, and pain in his stump. Now the cold was biting hard. “After that, I went to my doctor and said, ‘So, where’s the heat?’ They didn’t know what to tell me.”

When he learned there are no warming solutions for amputees suffering from bad circulation, pain, and cold, Costello, a Liverpool, NY resident, began tinkering at home. First, he rigged up a small heating pad and applied that to his stump. It gave him immediate relief. This jury-rigged solution lead Costello to create a cup-like heating device to fit over his stump, rigged to a large battery. Thus, the Heatsleeve was born. Now—a few years later—Costello Prosthetic Warmers LLC is winning start-up competitions, creating buzz, and, thanks to assistance from the Syracuse University College of Law’s New York State Science and Technology Law Center (NYSSTLC), beta-testing advanced prototypes with organizations such as military veterans-oriented The Heroes Project.

Costello says his former career as a pipefitter helped him figure out the problem of how to deliver heat through a carbon fiber prosthesis. “Prosthetic limbs are just like pipes,” he says, explaining that pipefitters at a nuclear plant know only too well how cold and heat flow through a duct system. Costello also uses a plumbing analogy to explain one of the main sources of discomfort for an amputee. “When a limb is gone, your circulation becomes slowed, like in a steam pipe when a loop is cut,” he explains. “Amputees have horrendous circulation issues. We really suffer. But heat helps.”

The current Heatsleeve prototype is a stretchable Kevlar sleeve that either wraps around the socket of a prosthesis—without adding bulky wiring, obstructions, or weight—or directly around a stump. The sleeve’s embedded wires heat up via an exterior battery that sits in a pocket. The amount of heat supplied is adjustable: the sleeve can be hot if worn around the carbon fiber socket or just warm if worn next to skin. A simple, lightweight, and portable solution, Costello says that in an early market research survey of amputees, there was overwhelming interest in this form of relief. 

However, “the business stuff wasn’t part of my world,” notes Costello, referring to the process of taking his idea from the workbench into the marketplace. “But I’ve got some great mentors, and I know a lot more now than when I started.” In fact, Costello’s acumen has taken him as far as the 2017 Medical Device Innovation Challenge (MDIC), organized by Upstate Medical University’s CNY Biotech Accelerator. One of seven companies selected by the MDIC Review Committee, Costello Prosthetic Warmers received access to free space in the Upstate MIND Creation Garage, consultations with business experts, and other mentorship resources.

One of the mentors Costello met through MDIC is Jack Rudnick, NYSSTLC Director and a member of the MDIC Review Committee. Through Rudnick and the law center, Costello has been introduced to further Syracuse University resources for entrepreneurs. Engineering and industrial design students, for instance, are helping Costello refine his latest Heatsleeve prototype. Among other improvements, they are working on reducing the size and extending the life of the battery that works with the Kevlar sleeve. “The current battery is about the size of a pack of cards and can supply power for about eight hours,” says Costello.

"One of the services the law center provides is that we can introduce a tech startup client to relevant and helpful partners that we have across the Syracuse University campus. They might not know about these resources otherwise," explains Rudnick. "Our campus partners are open and willing to help. SU has tremendous resources, and it is one of our tasks to deploy them."

“I’ve got great collaborators around me, and the learning aspect has been exceptional,” says Costello, referring to his experience working with the law center and University. “I couldn’t have done this without the University’s help. There is a real process to go through when developing a product, and many people never make it.” 

Helping Costello succeed further, NYSSTLC has also provided market, regulatory, and intellectual property (IP) landscapes for Heatsleeve, and with this knowledge—and US Patent #US9610178B2—in hand, Costello is confidently pitching to investors and seeking out partnerships to beta test his invention. 

“You can’t talk to investors without IP protection,” explains Costello. In October 2017, Costello won a pitch competition in front of investors at MedTech 2017 DisruptNY competition in Buffalo, NY, and he will meet with another investor at NYSSTLC in November. Meanwhile, Walter Reed National Military Medical Center and Syracuse University’s Institute for Veterans and Military Families have shown interest, and later this year The Heroes Project will provide Heatsleeves to injured war veterans that the not-for-profit is taking on a confidence-building expedition to Antarctica. “That testing will be important, to provide me with more feedback,” says Costello. “My prototype is very good, but there is more to come.”

Even as Heatsleeve heats up, Costello is developing more ideas to help amputees. And just like Heatsleeve, these new ideas have arisen from Costello’s own experiences, discomforts, and frustrations (“We are still in the 18th century when it comes to prosthetics,” he says). For instance, currently on his workbench is a device to improve the movement of a prosthetic leg and one to aid recent amputees who are still recovering from their hospital stay and not yet fitted for a prosthesis.

Costello is approaching these new solutions with the same mix of systematic problem-solving, empathy for fellow amputees, determination, and entrepreneurial spirit that he brought to Heatsleeve. “Without a positive direction, it’s hard to go anywhere,” he says. “I know why some entrepreneurs don’t go through with the process, but I’m ambitious.” 

William C. Banks Discusses Potential Charges Against Flynn, Kushner, Others

Posted on Tuesday 11/7/2017

(Bloomberg Law | Nov. 6, 2017) Andrew Kent, a professor at Fordham University Law School, and William Banks, a professor at Syracuse University Law School, discuss special counsel Robert Mueller’s investigation into Russian interference in the 2016 election, which is now said to focus on former national security adviser Michael Flynn. They speak with Bloomberg’s June Grasso and Michael Best on Bloomberg Radio’s Bloomberg Law.

https://www.bloomberg.com/news/audio/2017-11-06/flynn-in-focus-as-mueller-investigation-moves-forward-audio

Gassing International Law

Posted on Tuesday 11/7/2017

By David M. Crane

(Re-published from The Jurist | Nov. 6, 2017) The United Nations Security Council (UNSC) should not ignore or walk away from the alleged use of any prohibited weapon, such as chemicals, as it signals it is permissible to violate the Chemical Weapons Convention (CWC) and erodes international norms related to such weapons. Further, it signals that countries with deep ties to P5 (U.K., U.S., France, Russia, China) are outside the scope of UNSC authority, therefore creating a bigger issue of eroding the international authority of the UNSC and jeopardizing the foundation of international law.

On Tuesday, October 24, 2017, Russia vetoed the resolution extending the mandate of the investigators probing chemical weapons attacks in Syria. [JURIST report] [Meeting Record] Following the chemical attack in 2015, Russia and America created the Joint Investigative Mechanism (JIM) to investigate the presence/use of chemical weapons in Syria, which found 27 active production facilities. In its most recent report late last month, the Organisation for the Prohibition of Chemical Weapons (OPCW) said it had verified the destruction of 25 of the 27 chemical weapons production facilities declared by Syria and continued to prepare an inspection to confirm the current condition of the last two. The vote on the resolution was in advance of the JIM investigative report (presented Thursday October 26). The report sought to identify the party responsible for a deadly April 4 attack in the rebel-controlled town of Khan Sheikhoun in southern Idlib that killed and sickened scores of civilians allegedly using sarin gas. Shortly after that attack, the United States launched an airstrike on a Syrian air base and accused the al-Assad regime of carrying out the gas attack.

This action by Russia is primarily concerned with the sovereignty of Syria and stresses the maxim that you cannot enter a sovereign territory without concrete evidence of wrong doing. Further Russia believes they face possible retaliation by Syria and/or rebel groups present in Syria. Finally, Russia is concerned that there has been a blurring of lines between the conflict against Syria and the conflict against ISIS. Additionally Russia is supporting the regime and has economic ties to Syria. They do not want the US to gain any influence in Syria.

The media and various member states are concerned that the UNSC is impotent in assisting in Syria due to the P5 structure. The UNSC and the UN system are shouldering the blame for little progress in Syria. The broader discussion criticizes the entire UN system as being outdated and ineffective.

The UN is not impotent, as it has facilitated international cooperation on the conflict, resulting in ceasefires, the initial formation of JIM, condemnation of acts, and investigation of potential war crimes. Further, the UN is serving its purpose as a neutral forum for these discussions. Syria has not simply become a battlefield upon which America and Russia are fighting, nor are we seeing a return to interstate war. Therefore, the UN is working as a forum for these issues. Further negotiations need to be based on interests and relationships as nationalistic and realist strategies fail within the cooperative international organizational model …

To read the complete article, click here.

Nina A. Kohn to Speak on “New Paradigms in Decision‐Making” at The Arc New York

Posted on Monday 11/6/2017

Nina A. Kohn, David M. Levy Professor of Law and Associate Dean for Research, will be a Plenary Session Speaker at The Arc New York 2017 Annual Guardianship Training Symposium in Bolton Landing, NY, Nov. 6‐8, 2017. Kohn will discuss “New Paradigms in Decision‐Making: Guardianship Reform and Supported Decision‐Making,” part of the symposium’s “Changing the Story: Guardianship and Evolving Alternatives” theme.

In Kohn’s session, participants will be introduced to a tool to help lawyers identify and consider decision‐making options for individuals with disabilities that are less restrictive than guardianship. Kohn, who was part of the team that developed the tool, will walk participants through the tool’s steps and give examples of how it might be used in practice.

Kohn also will introduce participants to the Uniform Guardianship, Conservatorship, and Protective Arrangements Act (UGCOPAA), which was adopted by the Uniform Law Commission in July 2017. UGCOPAA is an

updated version of the Uniform Guardianship and Protective Proceedings Act, originally promulgated in 1969 as part of the Uniform Probate Code. 

Kohn served as the Reporter (or primary drafter) of the Act. She will discuss how the new version aims to better protect the rights of individuals subject to a guardianship or conservatorship. Among other provisions, the Act includes a clear prohibition on imposing guardianship if less restrictive approaches, such as supported decision‐making, meet the person’s needs; new mechanisms for encouraging the use of limited guardianships over full ones; and improved approaches to monitoring guardians.

Other symposium speakers include Christy A. Coe, Principal Attorney, Mental Hygiene Legal Services, Third Judicial Department; Hon. David H. Guy, Surrogate, Broome County (NY) Surrogate's Court; Hon. John Hall Jr., Surrogate, Warren County (NY) Surrogate's Court; Tara Anne Pleat, Vice Chair, Elder Law and Special Needs Section, New York State Bar Association; and Hon. Ava S. Raphael, Onondaga County Surrogate’s Court, Syracuse, NY. 

The keynote speaker will be Stephen “Dr. Bird” Birchak, Ed.D., a nationally renowned motivational speaker, author, professor, counseling psychologist, and former college wrestling coach of the year. 

AALS CJS Names Gouldin’s “Defining Flight Risk” First Runner-Up in Junior Scholars Competition

Posted on Thursday 11/2/2017

Associate Professor of Law Lauryn Gouldin’s paper “Defining Flight Risk” has been chosen as the first runner-up in the 2017 Association of American Law Schools (AALS) Criminal Justice Section (CJS) Junior Scholars Competition.  

“Defining Flight Risk” is forthcoming in the University of Chicago Law Review 85. In the article, Gouldin presents a taxonomy of pretrial appearance risks that distinguishes true flight risk from other forms of local nonappearance risk.

 Writes Gouldin, “Pretrial reform efforts must address a fundamental definitional problem: the collapsing of very different types of behavior that result in failures to appear in court into a single, undifferentiated category of nonappearance risk.”

The AALS CJS promotes the development of the scholarly, pedagogic, and public service efforts of section members. The section will honor Gouldin at a luncheon during the 112th AALS Annual Meeting (“Access to Justice”), Jan. 3-6, 2018, in San Diego, CA. 

Kanter, Kohn Both Speak at Harvard Law on Nov. 10, 2017

Posted on Thursday 11/2/2017

On Nov. 10, 2017, Laura J. and L. Douglas Meredith Professor of Teaching Excellence and Director of the Disability Law and Policy Program Arlene Kanter and Associate Dean for Research and Online Education and David M. Levy L’48 Professor of Law Nina Kohn will share their expertise—in disability law and fiduciary law, respectively—at Harvard Law School. 

Kanter will deliver the lecture “The Difference a Treaty Can Make: The Case for the UN Convention on the Rights of Persons with Disabilities” at noon in the Morgan Courtroom as part of the Harvard Project on Disability, a comparative and international law initiative to advance understanding regarding disability law, policy, and education around the world. During her sabbatical from the College of Law, Kanter is a Visiting Scholar at Harvard Law. 

Kohn will be speaking as a part of a conference entitled “Fiduciary Law: Charting the Field,” taking place on November 10 and 11. The conference has been organized by the editors of the forthcoming Oxford Handbook of Fiduciary Law (Eds. Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, 2018).

Discussing “Surrogate Decision-Making,” Kohn will join fellow panelists John Goldberg, Benjamin Chen, and Evan Criddle in an afternoon session on November 10. The wide-ranging, interdisciplinary conference will cover fiduciary law from several perspectives, including the “duty of loyalty,” “duty of care,” Islamic law, Indian law, English common law, European civil law, investment advice, agency law, and bankruptcy and insolvency.   

What the US Government Can Do to Prevent Low-Tech Terror Attacks

Posted on Thursday 11/2/2017

By Corri Zoli

On Oct. 31, 2017, as reported by CNN, eight people were killed and almost a dozen injured when 29-year-old Sayfullo Habibullaevic Saipov drove a rented pickup truck down a busy bicycle path in New York City’s Lower Manhattan district. Authorities found a note claiming the attack was made in the name of Islamic State (ISIS) near the truck used in the attack.1 Saipov was shot by police and taken to the hospital. Originally from Uzbekistan, he entered the United States under a visa program designed to encourage immigration from underrepresented nations. 

Given the case facts, this tragic incident looks like yet another low-tech terrorist attack, similar to vehicular attacks in the last two years in London, France, Sweden, Spain, Germany, and elsewhere. The inspiration for these attacks comes from ISIS and its online recruitment materials that advocate for the surprise killing of civilians using any available modern tools as weapons, such as trucks, knives, or homemade bombs.2 Europe has suffered hundreds of deaths due to this “low-tech” but powerful strategy.

US Congressmembers emphasize that we’re in a high-threat environment given ISIS attacks across the world and given thousands of foreign terrorist fighters returning to their home countries (as Islamic State collapses). It should be remembered that 60,000 foreign fighters have joined ISIS in Syria and Iraq since 2012. While numbers of recruits from the US are far lower than from France and Britain—not to mention other countries—they are not zero. Since 2014, 136 individuals have been charged for ISIS-related offenses in the US, with 79 so far found guilty.

What can the US government do to prevent such low-tech terror attacks in the homeland? Physical barriers to prevent car and truck attacks would help in places where people congregate, but it is not feasible to line every road or bike path with such concrete barriers. Nor do we have as many domestic policy tools as we might like to have to deal with this issue, such as heavily secured borders or detailed vetting procedures for immigrants and refugees. Instead, we must turn to surveillance, public notification of extremist behavior, forward-leaning law enforcement professionals, and community engagement, all of which must be balanced with civil liberties.

Importantly, lawmakers and law enforcement officials need to stay ahead of global terrorist strategic, tactical, and recruitment trends, especially after the fall of Raqqa and now that ISIS operatives are beginning to return home or move into other regions (such as Mali in western Africa). To politicize these issues—or ignore them or wish them away—is folly. Preventing terror attacks will require thorough policy reviews, investigative reports, and new bipartisan laws and agency procedures, such as those developed in the past to close VISA loopholes. The U.S. is not alone on these challenges—France issued a new anti-terrorism law this week, and British ministers are actively asking what to do with foreign terrorist returnees. 

In addition to the challenge of homegrown terrorism, our immigration systems are not immune to these threats. Both the Obama and Trump administrations have increased vetting of immigrants and refugees to deal with the ways terrorist operatives target migration flows and programs. Former FBI Director James Comey in 2015 Congressional testimony noted that 15% of refugees (300 out of 2,000-plus open FBI cases) are under FBI investigation for “some contact with foreign terrorists.”

Terrorists exploiting immigration and refugee programs is a bigger problem, however, in Europe, where ISIS operatives in the Paris (2015) and Belgium (2016) attacks, among others, used refugee flows and passports to skirt border security measures. 

Likely, the visa lottery program3 Saipov used to enter the US in 2010 will come under scrutiny.4 While a small program,5 after the San Bernardino attack in 2015, President Barack Obama’s Department of Homeland Security Director Jeh Johnson and lawmakers—including Central New York’s John Katko, who leads the House bipartisan Task Force on Combating Terrorist and Foreign Fighter Travel—reevaluated the K-1 VISA program for fiancée/spouses, some recommending social media surveillance of individuals. 

The vetting process for the K-1 program was determined to be less rigorous than refugee vetting processes and therefore changed. In this case—as in the case of San Bernadino killer Tashfeen Malik, who was determined to have been radicalized before entering the US—an important question is whether Saipov exhibited signs of radicalization before he entered the US and whether he was properly vetted.

______________________


1 Sayfullo Saipov’s first name translates into “Sword of Allah.” Reportedly, he pledged allegiance to ISIS and had ISIS flags in his vehicle.
2 Here’s a sample from Rumiyah: Though being an essential part of modern life, very few actually comprehend the deadly and destructive capability of the motor vehicle and its capacity of reaping large numbers of casualties if used in a premeditated manner. This was superbly demonstrated…by the brother Mohamed Lahouaiej-Bouhlel who, while traveling at the speed of approximately 90 km p/hour, plowed his 19-ton load-bearing truck into crowds celebrating Bastille Day in Nice, harvesting through his attack the slaughter of 86 Crusader citizens and injuring 434 more. The method of such an attack is that a vehicle is plunged at a high speed into a large congregation of kufar, smashing their bodies with the vehicle’s strong outer frame, while advancing forward—crushing their heads, torsos, and limbs under the vehicle’s wheels and chassis—and leaving behind a trail of carnage.” (Rumiyah, 2016, Issue 3, p. 10)
3 There were 1,051,031 new legal permanent residents (“Green Card” holders) in FY 2015, with about 5% coming from the “diversity” visa lottery program and most (66%) coming from family relations preferences. 
4 News outlets are also reporting that Saipov was in fact investigated by the FBI in 2015 over his ties with suspected terrorists. He was further listed as a “point of contact” for 23 visitors and immigrants, two of whom were found in DHS’s counterterrorism database and overstayed their tourist visas, itself a growing problem in the US (more than 700,000 overstayed their visas in 2016). One individual was flagged as arriving from a threat country while the other was identified as a “suspected terrorist.” Vetting procedures were again changed—this time to link classified (US Department of Defense) and unclassified data on jihadists—when it was discovered that two Iraqi refugees arrested on terror offenses in Bowling Green, Kentucky had previously committed IED attacks against US soldiers in Iraq. 
5 The Diversity Visa Program prioritizes immigrants from countries with historically low rates of immigration to the US. Congressionally mandated as part of the Immigration Act of 1990, the program creates priorities—diversity—beyond traditional US immigration policy of immigrating family members or US employment needs. The program allows for 55,000 immigrants per year (beginning in 1995) with countries excluded that have sent more than 50,000 immigrants to the US in the previous 5 years.

NEXT Conference to Feature College of Law Commercialization Experts

Posted on Thursday 11/2/2017

The College of Law’s New York State Science and Technology Law Center (NYSSTLC) has a leading role at the NEXT Conference and Tech Showcase, taking place on Nov. 17, 2017, at the Sheraton Syracuse University. NYSSTLC is both a conference co-sponsor and organizer of the “Legal Issues in Technology Commercialization” workshop track. In addition, professors Shubha Ghosh and Jack Rudnick will moderate panels that will feature several College of Law alumni.

Now in its fourth edition, NEXT focuses on innovations in technology, manufacturing, and biotechnology and brings together fast-track companies, managers, researchers, medical professionals, investors, attorneys, and entrepreneurs to meet and learn from each other and from international thought leaders and industry experts. Along with NYSSTLC, the conference is sponsored by the Central New York Biotech Accelerator, Center for Advanced Systems and Engineering (CASE) at Syracuse University, and CNY Technology Development Organization (TDO). 

The dynamic, full-day program features panels on “Biotech Innovation” and “Manufacturing Excellence,” along with the NYSSTLC-organized track on “Legal Issues in Technology Commercialization.”  NYSSTLC Director Jack Rudnick will moderate the panel “Protecting IP: Timing, Validity Challenges, International Decisions,” addressing patent filing strategy, international filings, trade secret protection, and post-grant review options. Other panelists are John Boger L’95 of Heslin & Rothenberg; George McGuire L’96 of Bond, Schoeneck and King; and Renato Smith of Barclay Damon. 

“Papering Up: Agreements in Tech Commercialization” will be moderated by Crandall Melvin Professor of Law Shubha Ghosh. It will discuss transferring or sharing rights to intellectual property (IP) and licenses and other documents key to successful collaborations. Panelists are Judy Albers of SUNY-Geneseo; Bill Bond of the Rochester Institute of Technology; Felix Litvinsky of the Cornell Blackstone LaunchPad; and Steve Wood G’06 L’06 of the SUNY Research Foundation. 

Additionally, Syracuse University’s Marcie Sonneborn—Professor of Practice at the School of Information Studies (iSchool)—will be a panelist on “Finding the Funds: New Venture Assistance for Innovation and Capitalization,” a NYSSTLC-sponsored workshop investigating how entrepreneurs can avoid the pitfalls of financing their ventures, which fund sources have the best long-run perspectives, and the evolution of different financing structures. Joining Sonneborn in this workshop are Rami Katz of Excell Partners; Nasir Ali of Upstate Venture Connect; and Clayton Besch of New York State Innovation Venture Capital Fund. 

The conference also brings to Syracuse two world-class keynote speakers: artificial intelligence and robotics guru Hod Lipson and internationally renowned neuroscientist and medical intelligence expert Dave Warner. Parallel to the conference, a Technology Showcase will feature breakthrough science from university and industry research teams and displays from businesses developing cutting-edge products, giving attendees a unique first-hand look at “NEXT generation” opportunities, tools, and discoveries.

To learn more about the event and to register, click here.

“Living Proof”: Syrian Accountability Project Publishes White Paper on the Yazidi Genocide

Posted on Tuesday 10/31/2017

Crimes committed against civilians during war can be especially heinous, but when those crimes are committed with planned intent to destroy an ethnic or religious community, international law applies the unique label of “genocide.” It is not a charge used lightly by the international community, although in recent times it has been applied to crimes committed during the Bosnian War (1992-1995) and Rwandan Civil War (1994). 

Now, a white paper published by the Syracuse University College of Law-based Syrian Accountability Project (SAP) asserts that war crimes and crimes against humanity committed in 2014 against the Yazidi community by the Islamic State in Iraq and Syria (ISIS) also should be considered genocide. The report documents crimes perpetrated against the Yazidi community and calls on the international community to take “proper care of the living proof” of the Yazidi genocide and to begin the “strategic preservation” of forensic evidence that could be used in an international court.

As with past SAP special reports, the “Report on the Yazidi Genocide: Mapping Atrocity in Iraq and Syria” draws on the project’s six-year-long effort to document war crimes and crimes against humanity committed by all sides during the Syrian Civil War and associated conflicts. Working with open-source materials from available media and contacts within the region, SAP students are responsible for maintaining the project’s two main deliverables, the Conflict Narrative and the Crime Base Matrix. The former is a legally relevant historical narrative of the conflict, while the matrix’s intent is to provide case facts of representative crimes (as well as the relevant international or national legal standard for each crime) to guide a future prosecution team. In this way, SAP both advocates on behalf of victims and provides legal analysis to aid in the eventual administration of postconflict justice. 

The “Report on the Yazidi Genocide” has been sent to SAP’s international clients, including the International Criminal Court, the United Nations, the US Congress, and leading human rights organizations. The report also joins related documents requested of SAP by London-based law firm Doughty Street Chambers and barrister Amal Clooney, who acts as legal counsel to Yazidi victims of ISIS’ crimes and to Yazda, a non-governmental organization that supports the Yazidi community. 

“The Syrian Accountability Project has become a relied-upon legal investigatory tool for the delivery of justice for the people of Syria and the Levant,” says Syracuse University College of Law Professor of Practice David M. Crane, who supervises the project. “The capacity of a College of Law student with a focused, properly supervised plan is unlimited.” 

The Yazidis—an ethno-religious group of between 500,000 and 1.2 million people living primarily in Northern Iraq—are Kurdish-speaking and follow their own syncretic religion that combines aspects of Zoroastrianism, Islam, Christianity, and Judaism. The “Report on the Yazidi Genocide” alleges that, beginning in summer 2014, the group was targeted by ISIS and its campaign to “purify” the region of non-Islamist influences. The report details what it calls “grim incidences” of “incomparable brutality” during this campaign. More than 2,800 Yazidis were killed in this short time; 4,600 community members were abducted; 1,950 children were victimized; and towns and villages were blockaded or emptied of their residents. Women were kidnapped, raped, forced to abort fetuses, and sold into sexual slavery, while in a particularly abhorrent episode in August 2014, many children died of exposure on Mount Sinjar, where up to 50,000 Yazidis were seeking refuge. 

“This has been a harder project to track than crimes committed in Syria during the civil war,” says SAP Executive Director and third-year law student Joseph Railey. “Narratives about sexual violence as a war crime are difficult to collect, and whole villages have disappeared, so those people cannot tell their stories. Nevertheless, this white paper helps clarify for our clients what kinds of information the Syrian Accountability Project has recorded beyond the case facts stemming specifically from the Syrian Civil War.” 

While the report cross-references individual representative crimes with the articles of the Geneva Conventions, Rome Statute, and/or Iraqi Penal Code that they violate, it is the systematic nature of the crimes, along with ISIS’ stated intent to convert Yazidis to Islam, that raises the atrocities collectively to genocide. “The stories underlying these crimes provide the evidentiary support necessary to demonstrate that ISIS executed a systemic plan to destroy, in whole or in part, the Yazidi people,” the report states. “ISIS soldiers regularly demonstrated a specific intent to destroy the Yazidi people through their ideology and unabashed assertions for eliminating the Yazidi community.” 

The report recognizes that many of the circumstantial evidence and news reports that SAP has collected are not legally sufficient to support a declaration of genocide, but it hopes that publishing these narratives will spur the international community to make an effort to preserve physical evidence of crimes. “Bringing ISIS to justice for genocide against the Yazidi community, at the domestic or the international level, will depend on the strategic preservation of forensic evidence,” the report concludes. 

“What we are asking is that more recording of actual criminal evidence be done by the international community,” asserts Railey. “We are essentially saying, what happened was horrific, yet few people are talking about it. So we want to help draw people’s attention to the Yazidi situation and start a dialogue about what can be done.” 

NYSSTLC Helps Write ModoScript’s Next Chapter

Posted on Tuesday 10/31/2017
David Zuleta

Not every entrepreneur’s prescription for success is exactly the same, but there are often many ingredients in common: a novel idea, a vision of success, hard yards, a dash of luck, and a carefully cultivated network of advisors, mentors, investors, and other champions. David Zuleta—while still a neuroscience and biotechnology undergraduate student at Syracuse University—is skillfully combining these ingredients to develop ModoScript, a digital prescription dosing system that he hopes will combat prescription drug abuse, boost patient compliance, cut medical costs, and disrupt the medical device industry. 

With the help of the College of Law’s New York State Science and Technology Law Center (NYSSTLC), Zuleta’s vision is coming into focus and his network growing as he moves ModoScript from the concept stage toward prototyping and eventually the marketplace. 

“I started ModoScript while I was working as a part-time medical scribe at Crouse Hospital,” explains Zuleta. While he interacted with physicians, pharmacies, health insurance companies, and academic experts, Zuleta began thinking about ways to combat the epidemic of prescription drug abuse drug by improving the current prescription system. “We need a system to regulate opioid prescriptions in order to lower dependency,” Zuleta observes. “Currently, when you are sent home from a care facility, often you are forced to go off a pain medication ‘cold turkey,’ and that’s when people find themselves experiencing withdrawal symptoms that often leads them to use street drugs like heroin.” 

In order to effectively control pain and keep patients from abusing prescription medications, Zuleta conceived a tamper-proof, “smart” dosing system to better regulate the flow of opioids, stimulants, and anxiolytics. He hopes to combat the ongoing epidemic of drug abuse from the root, while reducing costs associated with patient non-adherence, overdose, under-dose, and prescription trafficking that the healthcare industry must deal with. 

ModoScript’s digital health system combines an automated, “pill-safe” dispenser with a mobile application to connect several sectors of the healthcare industry. A patient prescribed controlled medications will be required to use the pill-safe dispenser provided by a pharmacy. The dispensers are fitted with biometric safety locks to combat abuse and ensure proper patient compliance.

Zuleta says there are other safety pill dispensers on the market, but ModoScript differentiates itself by being a business-to-business platform that will be sold not directly to patients but to insurance companies tackling the opioid abuse epidemic. 

ModoScript aims to lessen the paperwork load on doctors (by integrating seamlessly with electronic medical records, for instance) and to lower costs for insurance companies, “while providing pharmaceutical companies with a tool that will help them improve clinical trials in hopes of developing safer medications for patients,” says Zuleta. 

In July 2017, ModoScript was the only student startup winner of the Medical Device Innovation Challenge (MDIC), sponsored by the Upstate Medical University’s Medical Innovation and Novel Discovery Center (Upstate MIND). NYSSTLC Director M. Jack Rudnick led the committee of experts that judged entries. This fall, Zuleta became one of NYSSTLC’s semester-long projects. Under the guidance of Professor Chris Horacek—and with help from 3L research associates Lindsey Round and Jennifer Hicks—the law center is helping Zuleta with patent, intellectual property (IP), and market landscaping; information on US regulations and the Food and Drug Administration (FDA) submission process; and business development issues, such as vesting agreements. 

“The landscapes we provide are useful to the client and their attorney in the pursuit of IP protection,” explains Rudnick. “We always say ‘you don't know what you don't know,’ so this information helps the inventor or entrepreneur make a decision to keep going, pivot, or simply stop. Because ModoScript is at an early stage, our research could actually influence the form and nature of the technology so they end up with a protectable technology that can achieve early market acceptance.” 

Zuleta says that IP and market landscaping is also helping him develop marketing and investment pitches and—for the patent application process—prove novelty. Putting IP protections in place allows him to approach partners, mentors, and investors with confidence, a process that has accelerated since ModoScript won MDIC and became involved with NYSSTLC. “I like to work with the best, and that’s especially important in the healthcare industry,” he says. “You can’t really walk into the offices of the big players in this industry as a student and expect to be taken seriously. To do so, you need to cultivate a high-level mentorship team. The bigger your dream, the bigger the reputation you need to build around it.”

The team that Zuleta has built in a short time is impressive, too lengthy to list in this article. It is made up of regulatory experts, angel investors, and a mentorship board, while advice also is coming from the CNY Biotech Accelerator, Empire State Development, Microsoft BizSpark, Syracuse University’s LaunchPad Blackstone, the Couri Hatchery, the Tech Garden, and others. 

To develop the prototype, Zuleta has put together a team consisting of Ph.D. mechanical, biomedical, and computer engineers from Cornell University and Syracuse University, including Jason Hooper, Yunpeng Li and lead of product development, Tiffany St. Bernard. The engineering team is charged with completing a prototype by the end of November 2017, when—as an MDIC finalist—Zuleta will be asked to test ModoScript’s efficacy. An innovation challenge pitch is scheduled for December in front of high-level SUNY-Upstate principals and outside investors. 

Assuming all goes well, Zuleta says he is looking forward to “phase 2”: filing a patent application, further product development, building venture partnerships, and working toward FDA compliance. 

“I started this company because I thought the healthcare system fails to provide patients with the proper treatment guidance they deserve,” notes Zuleta. “ModoScript is a patient-centered approach to drug safety and compliance. We want to educate patients about individual treatments and ameliorate physicians’ fears about prescribing controlled substances. We will initially target opioids, stimulants, and anxiolytics, then expand into other highly monitored treatments such as cancer and cognitive disabilities. The opioid epidemic will get ModoScript into the market, but the technology will ultimately benefit everyone.”

Jennifer Holtz L’08 and Colleagues Discuss A Wide Range of Federal Communications Commission Legal Topics with DCEx Participants

Posted on Monday 10/30/2017

On September 23, 2017, the Syracuse College of Law Fall 2017 DCEx participants had the pleasure of meeting Jennifer Holtz L’08, currently the Deputy-Division Chief of the Cyber Security and Communications Reliability Division of the Public Safety and Homeland Security Bureau of the Federal Communications Commission (FCC).

Holtz put together an impressive list of speakers for the externs, including an introduction by Lisa Fowlks, the Public Safety and Homeland Security Bureau Chief, who stated the biggest mistake a lawyer can make is thinking they have learned it all. Fowlks was followed by Chris Anderson, the Deputy Chief of the Operations & Emergency Management Division, who reported on how the FCC responds to emergencies, including natural disasters like the hurricanes that have recently hit the United States. Michael Connelly, an attorney in the Policy and Licensing Division, then walked the externs through a brief history of 9-1-1 and what the future of 9-1-1, Next Generation 9-1-1, will look like. David Plotinsky, the Deputy Chief of the Cyber Security and Communications Reliability Division, discussed his experience in the intelligence community, including investigating Edward Snowden, and his journey to the FCC.

Holtz then finished the seminar by discussing her networking strategies, and general professional development advice. She specifically focused on how to cultivate a relationship with people after the initial networking meeting and how to continue to develop that relationship to create a healthier and more extensive network. Holtz then posed a challenge to all the externs to have coffee with at least three additional people in D.C. before the semester ends.  

After the seminar was completed, the externs participated in their fourth networking event, gaining the opportunity to talk with Holtz and Plotinsky about their experiences working in the D.C. market, learning more about their professional experiences, and gaining insight on how to develop networking and professional skills that every young attorney needs. 

3Ls Melissa Green, Christopher Clark Win 40th Annual Lionel O. Grossman Trial Competition

Posted on Friday 10/27/2017

On Oct. 26, 2017, the Moot Court Honor Society held the finals of the 40th Annual Lionel O. Grossman Trial Competition in the Melanie Gray Ceremonial Courtroom in Dineen Hall. Presided over by Hon. Glenn T. Suddaby L’85, Chief United States District Judge, Northern District of New York, 3Ls Melissa Green and Christopher Clark won the competition. Clark also received the Frank Armani Advocacy Award, which was presented by award namesake and distinguished guest Frank H. Armani L’56. 

“I want to thank all those who supported the 40th Annual Lionel O. Grossman Trial Competition,” says Kathleen M. O’Connor, Faculty Director, Moot Court Honor Society and Advocacy.  “I especially want to thank our faculty evaluators—Emily Brown, Sanjay Chhablani, Lauryn Gouldin, Travis Lewin, and Richard Risman—for their time. I also thank our faculty competition director, Shannon Gardner, for her tremendous work to make this competition an enriching experience for the students; our competition directors, Annie Millar and Jenny Pratt; and Moot Court Executive Director Ryan Lefkowitz. Congratulations also to all participants and especially to the winners and the runners-up, 3Ls Nick Dellefave and Raul Velez.”

Created in 1978, the annual Lionel O. Grossman Trial Competition offers law students the opportunity to practice oral advocacy and hone their trial advocacy skills. The competition is named for Lionel O. Grossman L’16, whose professional achievements, community service—especially in the fight against cerebral palsy—and commitment to excellence personified the ideals of the legal profession. Richard Grossman ’51, L’55 and Dr. Murray Grossman ’43, MED ’45, established the competition as an 80th birthday gift in honor of their father. The competition is hosted by the Moot Court Honor Society, whose 58 second- and third-year student members participate in a variety of intramural and intercollegiate competitions designed to sharpen advocacy skills essential to the legal profession. 

This year’s problem involved a criminal case brought by the “State of New Columbia” against Chris Archer. The State had charged Chris Archer with first-degree murder and criminal hazing following the death of a college fraternity pledge, 18-year-old Milan Jackson, who died as a result of a fall from a campus clock tower. The defendant was the fraternity’s president the year of the accident and was in charge of planning pledging activities. Student advocates were asked to call witnesses, introduce and challenge evidence, and make timely objections throughout the trial. The competition was governed by Federal Rules of Criminal Procedure and Evidence. 

Joining Presiding Judge Suddaby were evaluators Hon. Margaret Cangilos-Ruiz, Chief United States Bankruptcy Judge, Northern District of New York; William Fitzpatrick L’76, District Attorney, Onondaga County; Hon. Mae D’Agostino L’80, United States District Judge, Northern District of New York; Lisa Peebles L’92, Federal Public Defender, Northern District of New York; and Professor of Law Emeritus Travis H.D. Lewin. A full list of competition participants and judges for all rounds can be found in the competition program

College of Law, Oneida County Partner to Expand Legal Aid Services to Veterans

Posted on Friday 10/27/2017
Dean Craig Boise welcomes a new partnership between the College and Oneida County to provide veterans' legal services.

On Oct. 26, 2017, representatives from the College of Law joined Oneida County Executive Anthony J. Picente Jr. in Utica, NY, to announce a partnership between the College and the County to expand legal aid services to Oneida County veterans through the Wohl Family Veterans Legal Clinic. The partnership is a three-year commitment totaling $150,000 that will enable the College to operate the clinic from the County Office Building in Utica, as well as a location in Rome, NY.

Founded in January 2015 by two Syracuse University College of Law alumni—Tom Caruso L’14 and Josh Keefe L’14—the Wohl Family Veterans Legal Clinic is the first comprehensive legal clinic in New York. It provides free legal assistance to veterans as they apply for benefits from the Department of Veterans Affairs, appeal adverse VA decisions, and attempt to upgrade their military discharges. 

“Taking care of our veterans has always been a top priority of my administration,” says Picente. “The Wohl Family Veterans Legal Clinic provides essential legal services to local veterans in need, helping them navigate many complex issues and obtain the benefits they deserve. I am happy that we are strengthening our valuable partnership with the Syracuse University College of Law and expanding our ability to assist those who have sacrificed so much on our behalf.”

The clinic operates as part of the College of Law’s Office of Clinical Legal Education. Students who work for the clinic research, investigate, and advocate on behalf of clients. In addition to client representation, the clinic engages in community outreach in Syracuse, Utica, and now Rome, and partners with social services agencies to connect clients to available resources designed to support veterans and families.

“Since its founding by two College of Law students, the clinic has impacted the lives of hundreds of veterans,” says College of Law Dean Craig Boise. “I am proud of what Oneida County and the college has achieved thus far, and thanks to our renewed partnership with the county—and the generosity of Oneida County-based donors and our alumni—we can make a real difference in the lives of many more veterans.”

In the two years the law clinic operated from the Veterans Outreach Center in Utica, it received 160 requests for legal assistance and 80 cases were accepted across the county. Twenty-two cases were brought to closure, 32 were referred to the legal clinic’s network of partners, and 80 cases were referred to outside legal services providers. This effort resulted in more than $31,700 in back pay awards, an average benefits increase of nearly $19,000, 960 hours of student pro bono work, and 36 College of Law students trained as veterans advocates. 

“Through the Wohl Family Veterans Legal Clinic, Oneida County veterans will have access to the specialized legal representation needed to navigate the VA so they can receive the benefits they have earned and discharge upgrades they deserve,” says Clinic Director Yelena Duterte. “The clinic also will continue to train the next generation of veteran advocates with the skills they need to serve our veterans in their practices or in pro bono service.”

Led by the efforts of Oneida County residents Linda, John, and Jackie Romano and Rob Esche, more than $100,000 was also raised recently at a Utica event to support the clinic’s work. 

“My family and I have been honored to be a part of the development and opening of a Veterans Legal Clinic at Syracuse University with a presence here in Oneida County,” says Linda Romano. “I cannot think of a more deserving group than the veterans who put their lives at stake to ensure that our way of life and freedoms are protected. They deserve to have their rights protected as well.”

“I grew up in Utica, and I know what a special place this is,” says Tom Caruso. “As a naval officer and attorney, I have traveled around the country and seen the lack of legal resources for our veterans. We made a promise to our warriors that if they serve our country that we would take care of them when they return. The Wohl Family Veterans Legal Clinic is helping to fulfill that promise here at home. Due to the generous support of Oneida County and the Romano family, we now can serve those who have served us all.”

“Research Handbook on Remote Warfare” Features William C. Banks on Cyber Conflict

Posted on Wednesday 10/25/2017

Featuring an essay on “Developing Norms for Cyber Conflict” by INSCT Director William C. Banks, the Research Handbook on Remote Warfare, edited by Cornell Law School Vice Dean Jens David Ohlin, has been published by Edward Elgar Publishing. 

The handbook (also offered as an e-book) is described as an essential read for academics and students of jus ad bellum, national security law, international humanitarian law, human rights, and modern warfare techniques and the complex legal issues they create.

Essays examine how the practice of armed conflict has changed radically in the last decade and addresses in particular the legal implications of remote warfare and its significance for combatants, civilians, policymakers, and international lawyers.

Primarily focused on the legality of targeted killings by drones, cyber attacks, and autonomous weapons, chapters offer compelling insights, challenge assumptions, and give a variety of international perspectives on the use of force, humanitarian law, criminal law, and human rights law. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons.

In his essay, Banks reviews the state of the law when it comes to disruptive intrusions—cyber attacks on critical infrastructure, for instance—by state and non-state actors and the complexity of creating a “more fully-formed international law" of cyber conflict and even cyber warfare.

Writes Banks, “Developing an international consensus on the norms for cyber conflict will not be easy. The state of doctrinal international law is only partly to blame. At least as important as constraints are the political differences among states and non-state actors in shaping cyber norms. In addition, the facts needed to make the normative judgments in this fast-paced realm of changing technologies are now and will be for the foreseeable future hard to come by and even more difficult to verify. Law will play catch up, as it should, but the lag between evolving technologies and normative stability in cyber operations may be a long one.”

In his review of the handbook, the University of Exeter's Michael Schmitt observes that, “Professor Ohlin has brought together a diverse group of talented scholars and practitioners to assess drones, cyber operations, and autonomous systems from a completely novel perspective—remoteness. In doing so, he and his team shed new and important light on topics that lie at the heart of future conflict. Additionally, by focusing on remoteness, this handbook breaks loose from the intellectual stove-piping that characterizes our often-predictable assessments of emergent methods and means of warfare. It yields valuable insights into a characteristic of weaponry and tactics that will increasingly define warfare in the decades to come. It is a must-read for anyone concerned with international law in the battlespace.”

Syracuse University College of Law New York Bar Exam Pass Rate is Highest in Decades

Posted on Tuesday 10/24/2017

Syracuse University College of Law graduates who took the New York State Bar Exam for the first time in July 2017 achieved a 91.6% pass rate. That mark represents the highest in decades and an increase of more than two percentage points over the College’s 2016 pass rate.  It is also well above the statewide median pass rate of 85% for New York law schools. 

“We are pleased that our graduates continue to excel on the New York State Bar Exam,” says Dean Craig M. Boise. “For the second year in a row, our graduates have delivered the best results in decades, and we are proud of their accomplishment. Their hundreds of hours of study and preparation are complemented by our dedicated faculty, supportive staff, and well-designed program of education. In particular, our new structured curriculum has proven to be a key to success on the bar exam, passage of which is essential to the practice of law.” 

“To sustain this kind of excellent performance,” continues Boise, “our faculty will continue to review our curriculum and our bar support programs to ensure we are employing instructional methods—from matriculation through graduation—that best prepare and support our students to launch successful professional careers.” 

Professor Ian Gallacher Receives Legal Writing Award

Posted on Tuesday 10/24/2017

Director of Legal Communication and Research and Professor of Law Ian Gallacher has been awarded the 2018 Thomas F. Blackwell Memorial Award for Outstanding Achievement in the Field of Legal Writing by the Association of Legal Writing Directors (ALWD) and the Legal Writing Institute (LWI).

Created to honor the life of ALWD/LWI colleague Tom Blackwell, the award is given to a scholar who has made an outstanding contribution to improve the field of legal writing by demonstrating an ability to motivate students to excellence; a willingness to help other legal writing educators improve their skills; and an ability to create and integrate new ideas for teaching. 

Gallacher was cited for his prominence in the field of legal writing, his involvement in editing legal writing journals, his work with peers on evaluation, and his collaborations with other scholars to improve the field. 

“In short,” reads the citation, “Ian is a product of multidisciplinary areas of study and scholarship, something he still plies to this day. He is a legal writing professor, a program director, a great lawyer, a great former conductor, a violist and violinist, and a gifted prodigious scholar who is very active within our community.”

“I am honored to be thought of in the same manner as Tom Blackwell, a vital influence and inspirational leader to the legal writing community,” says Gallacher. “I want to thank my colleagues who nominated me as I am truly touched that they hold me in such high regard. Finally, I would be remiss if I didn’t mention the many students who I’ve had the pleasure of teaching and mentoring.”

The Blackwell Award will be presented at the January 2018 meeting of the American Association of Law Schools in San Diego, CA. 

William Snyder Explores the “Internet of Things” at Albany Conference

Posted on Tuesday 10/24/2017

Professor William C. Snyder addressed the “Internet of Things” on a panel at Albany Law School’s “Cybersecurity and the Law” conference, which took place Oct. 19 and 20, 2017. Snyder, who teaches Cybersecurity Law and Policy and Computer Crimes, was joined on the panel by Andrea Matwyshyn of Northeastern University School of Law, Scott J. Shackelford of Indiana University School of Law, and David Thaw of the University of Pittsburgh School of Law.

Presented by the Albany Law Journal of Science and Technology, Center for Internet Security, Cybersecurity and Privacy Law Center at Albany Law School, and the Sobota Lecture Series, the keynote speaker for “Cybersecurity and the Law” was Mark S. Zaid, Esq., a Washington, DC, attorney who specializes in crisis management, diplomatic immunity, Freedom of Information Act, whistleblowers, privacy, and other areas of national security and international law. 

Research materials and reading for the conference can be found here

Accessing Databases Through the Drop Down Menu on the Law Databases tab

Posted on Thursday 10/12/2017

Mac users may experience problems connecting to the databases contained in the drop down menu on the Law Databases tab under Find Library Materials on the Law Library's top web page.  Users experiencing these problems should click the Browse Law Databases link found under the drop down menu and access databases through the web pages found there.  

All of the databases found on the drop down menu can also be found on the Browse Law Databases pages.

Please note:  Most law databases are available to College of Law users only.  

Shubha Ghosh Publishes Two-Volume Research Handbook “Intellectual Property and Innovation”

Posted on Tuesday 10/10/2017
Shubha Ghosh, Crandall Melvin Professor of Law and Director of the Technology Commercialization Law Center, has published a two-volume research handbook Intellectual Property and Innovation with Edward Elgar Publishing, part of its Critical Concepts in Intellectual Property Law series.

“Everyone is familiar with the phrase, ‘Build a better mousetrap and the world will blaze a path to your door,’ says Ghosh, “but there are lots of impediments to building that path. The articles collected in this volume identify these impediments and provide solutions.”

The collection presents 39 leading articles, dating from 1990 to 2015, on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions.

Introduced with an essay by Ghosh, topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of intellectual property and innovation’s social dimensions, relationship with market institutions, and how to chart a course for future innovation policy.

Writes Pam Samuelson, Richard M. Sherman Distinguished Professor of Law and Information at the University of California-Berkeley, “Innovation has become a vitally important field of study in the modern era. This compilation offers the single best collection of insights that scholars of innovation—including but not limited to intellectual property professors—have to offer about what innovation is, why it is essential to economic growth, and how to foster it. It is a major accomplishment to have brought these insightful works together.”

More information, including the table of contents, can be found here.

Stacey Wiley Joins the College of Law as Director of Career Services

Posted on Monday 10/9/2017

Stacey Wiley has joined the College of Law as Director of Career Services. Wiley, a 2000 graduate of the College of Law, will be responsible for the strategic planning, ongoing management and leadership of the College’s career services office, staff, and initiatives.

Wiley comes to the College of Law from State University of New York (SUNY) College at Geneseo where she served as Director of Career Development.

“Stacey brings a wealth of experience in career development, both in law schools and in a broader higher education setting, which gives her a critical perspective today as the career paths for law graduates are more diverse than ever,” said Sophie Dagenais, Assistant Dean for Advancement and External Affairs. “I know our students will benefit from her insights and creativity, and the passion for our profession that she will bring back to her alma mater.”

Prior to SUNY Geneseo, Wiley held career service positions at Quinnipiac University School of Law and Cornell Law School. Before academia, she practiced ERISA, trusts and estates, and tax law for several years at a local Syracuse firm.

“Career paths for law school graduates are continually evolving, and the Office of Career Services must be nimble and responsive to the student and legal marketplace needs,” said Wiley. “I look forward to providing our students with the support and guidance that will enable them to achieve their career goals.”

In addition to her J.D. from Syracuse University College of Law, Wiley holds a Bachelor of Science from the State University of New York at Cortland and a Master of Science in Counseling from Syracuse University.

“Why Should You Protect IP?” Shubha Ghosh Speaks at USPTO IP Workshop

Posted on Monday 10/9/2017

Shubha Ghosh, Crandall Melvin Professor of Law and Director, Technology Commercialization Law Center, discussed protecting intellectual property (IP) at the IP Workshop for North Texas Inventors and Entrepreneurs on Sept. 30, 2017. 

The full-day workshop was held at Texas A&M University School of Law and was co-sponsored by the US Patent and Trademark Office (USPTO) and the State Bar of Texas IP Section. In addition to his talk, Ghosh joined USPTO examiners and registered patent and trademark attorneys to consult with inventors and answer their questions. 

Photo by 3L Lauren Lyons.

In a Forthcoming Book, Robin Paul Malloy Re-Assesses Adam Smith’s Theory of Jurisprudence

Posted on Monday 10/9/2017

If the ghost of Adam Smith were to haunt the undergraduate classrooms of Syracuse University this Halloween Season, he would perhaps be mortified about how his ideas are being remembered. Despite publishing and lecturing extensively during the 18th century on moral philosophy, political economy, and the law, Smith today is most well-known for the image of the “invisible hand of the market” associated with his magnum opus,  An Inquiry into the Nature and Causes of the Wealth of Nations (1776). 

However, E.I. White Chair and Distinguished Professor of Law Robin Paul Malloy believes it’s time to re-assess Smith’s ideas on morality, markets, and justice and to revise the way we apply Smith’s philosophical ideas to the law.

In a forthcoming book—as well as at a talk at the Midwest Law and Economics Association at Marquette University Law School, Oct. 19-22, 2017—Malloy will argue that despite Smith’s deep influence on market theory, the Scottish philosopher intended not for economics but for justice to be the central pillar of society. Justice, Smith believed, is what mediates between self-interested individuals and the demands of society as a whole. Malloy believes that a fuller understanding of Smith’s concepts can better inform the way law is theorized and practiced, for the betterment of individuals, social order, and economic progress. 

“The dominant image of Adam Smith as the creator of a dispassionate, mechanical, and wholly rational economic theory emerged from the interpretation of George Stigler and the Chicago School of Economics,” explains Malloy. “Stigler extracted the ‘invisible hand’ as a metaphor for market theory and employed it as a central tenet of economics to advance the idea that rational, self-interested actors could behave in a way that miraculously benefits society as a whole.” Malloy says that lawyers borrowed this somewhat one-dimensional understanding of Smith’s work from economists “and applied it to law in order to advocate for efficient legal rules and in an effort to make the law more scientific by removing moral reasoning from legal judgments.” 

However, Malloy’s latest scholarship illustrates that there is much more to Smith’s work than the simple interpretation of the “invisible hand.” After all, in Smith’s other book, The Theory of Moral Sentiments (1759), he develops a theory of morality and provides another of his grand metaphors: the “impartial spectator.” The “impartial spectator” is used to explain how individuals develop moral thinking from the blank slate of birth. Individuals, argued Smith, grow up seeking approval for their moral ideas from other people, or—if the observer is internalized as the “impartial spectator”—from what might be described as a conscience. 

“Smith’s plan was in fact to write three books,” continues Malloy. “The Theory of Moral Sentiments, the Wealth of Nations, and a book on jurisprudence.” Malloy explains that Smith, also a lawyer and legal scholar, spent a large part of his life working on a theory of jurisprudence, but when he died he wanted this unfinished work to be burned. 

Nevertheless, some of Smith’s legal ideas survived, including lecture notes taken by his students. It’s these theories—and how Smith connected jurisprudence to moral philosophy and economics—that Malloy has been exploring for more than 30 years, in two books (Adam Smith and the Philosophy of Law and Economics and Adam Smith and Law) and several chapters and articles. 

The central question of my new book is “What is Smith’s theory of jurisprudence?” says Malloy. “This is a side of Smith that is seldom fully explored by lawyers seeking to apply economics to law.” 

In re-reading Smith’s legal theories, Malloy says a third metaphor—the “man in the mirror”—should be added to the “invisible hand” and “impartial spectator.” The “man in the mirror” addresses jurisprudence and the social context in which we act. “The mirror reflects ourselves and the other people with whom we interact,” explains Malloy, adding that with this third concept, an alternative and more complete model of Smith’s moral, legal, and social universe emerges. The “invisible hand” represents the self-interested actions of individuals, which are in tension with the interests of others as represented by the “man in the mirror” who critiques our self-interested actions. In turn these two are mediated by the concept of justice, or the “impartial spectator.” 

In fact, observes Malloy, Smith used a legal analogy—the common law magistrate—to explain the role of justice in society. Smith saw the English common law magistrate as someone who must practically weigh the interests of individuals against the mores and norms of society. According to Malloy, reconciling Smith’s ideas about the marketplace, justice, and morality is consistent with the desire for modern societies to increase prosperity and protect liberty. “Economic progress occurs in a framework based on morals and justice,” says Malloy. “This understanding of Smith opens the door to a broader than currently existing dialogue in law concerning the proper relationship between—as well as a more diverse and inclusive approach to—law and economics.”

Candice Geller L’16 Discusses D.O.J. Position as DCEx Distinguished Guest Lecturer

Posted on Friday 10/6/2017

On October 2, 2017, the College of Law’s Fall 2017 DCEx externs had the pleasure of meeting Candice Geller L’16 and current Honors Attorney at the Department of Justice, Federal Bureau of Prisons, Employment Law Branch.

Geller’s responsibilities at the Bureau of Prisons include processing administrative complaints of discrimination and providing advice and training on government ethics, providing legal advice to Bureau management on labor/management and personnel issues, and representing management in various administrative and judicial forums. Geller also discussed her positive experiences in the Summer Law Intern Program at the Bureau of Prisons during her 2L summer and the wide array of opportunities that are available to law students within the Bureau of Prisons.

Additionally, externs had the opportunity to hear from Jenifer Grundy Hollett, an attorney in the Employment Law Branch of the Federal Bureau of Prisons, and B. Kevin Cardwell, Associate General Counsel for the Bureau of Prisons. Grundy Hollett shared some of her most memorable experiences from working as an attorney for the Bureau of Prisons, including time spent at Federal Penitentiaries across the country. Grundy Hollett also discussed the role of attorneys in furthering the Bureau of Prison’s mission, which is to ensure that federal offenders serve their sentences of imprisonment in facilities that are safe, properly secure, and provide reentry programming to ensure their successful return to the community. Cardwell shared valuable advice regarding the interview and application processes for the Department of Justice’s legal hiring programs.

After the seminar was completed, the externs gathered and discussed their most recent experiences with DCEx at an informal dinner.

Nina Kohn Discusses “Surrogate Decision-Making” at Saint Louis University School of Law

Posted on Thursday 10/5/2017

“The New Era of Surrogate Decision-Making” was the subject of Associate Dean for Research and David M. Levy Professor of Law Nina A. Kohn’s public lecture at Saint Louis University School of Law, St. Louis, MO, on Oct. 4, 2017. Kohn was invited to speak as part of the law school’s Health Law Distinguished Speaker Series.  

In her lecture Professor Kohn described the forces that are coming together to disrupt traditional approaches to surrogate decision-making, and shared what a next-generation approach looks like as embodied by the newly adopted Uniform Act governing guardianship and conservatorship. Kohn currently serves as the Reporter for the Third Revision of the Uniform Guardianship and Protective Proceedings Act.

Kohn’s research focuses on elder law and the civil rights of older adults and persons with diminished cognitive capacity. Recent articles address issues such as supported and surrogate decision-making, financial exploitation of the elderly, vulnerability and discrimination in old age, and the practical and constitutional implications of elder abuse legislation. She is the author of Elder Law: Practice, Policy, and Problems (Aspen, 2014).

Turning the Law on Its Head: William C. Banks Reviews the New Supreme Court Session with WAER

Posted on Wednesday 10/4/2017

(WAER | Oct. 3, 2017) A Syracuse University Law Professor says President Trump’s appointment of new Supreme Court Justice Neil Gorsuch should not be significant in the Justice’s decisions moving into his official first term. Professor William Banks thinks that Gorsuch’s values will be much more impactful.

 “I think Mr. Gorsuch is going to prove himself to be one of the most, if not the most conservative Justice on the court. Probably more conservative than Justice Scalia, or at least as conservative.”

Professor Banks adds that while the Supreme Court will face multiple important decisions down the line, a few already stick out to him.

 “One that will decide the availability of remedies for big time political gerrymandering in legislative districts. Another one that will decide the rights of business owners to decline the rights of gay or lesbian customers.”

Banks feels even stronger about one particular topic than impacts most Americans, smartphones. This decision will decide if police are allowed to monitor the location of cell phone users through site location data, a decision Banks thinks could have a strong impact on recent law history. 

“The Fourth Amendment case on cellphone site location - if it comes out in favor of those whose location was given up - is a change in Fourth Amendment doctrine that will turn about 50 years of law on its head” …

To read the full article, click here.

A System and Method for Tracking and Managing Skills: TCLC Helps a Rochester Entrepreneur Protect a Bright Idea

Posted on Tuesday 10/3/2017

It is perhaps difficult to remember a time before the Nutrition Facts Label. Before 1990, information about the calories, cholesterol, fat content, and vitamins in the food we eat was sparse and non-standard. Now the label is a mandatory, ubiquitous, and familiar part of our lives, the recipe for its success being its simplicity, uniformity, and a reader-friendly design—it’s something anyone from a child to an adult can understand.

With a similar idea in mind, Ryan M. Frischmann, a web and application developer, writer, and entrepreneur from Rochester, NY, has created the Skills Label for use in the education and training industry. With help from the College of Law’s Technology Commercialization Law Center (TCLC), as well as the New York State Science and Technology Law Center (NYSSTLC), Frischmann has moved his idea through intellectual property (IP) landscaping to the patent protection stage. 

“The Skills Label—like a nutrition label on food or a résumé of professional experiences—offers a clear and concise way to represent skills someone has learned by performing any task or experience,” explains Frischmann. Using an easy-to-read display, the Skills Label can succinctly express learning outcomes for activities inside and outside a classroom, a short course, a training module, online games, and so on. “Essentially the Skills Label can be used anytime learning takes place,” explains Frischmann. “It is designed to be adaptable for all types of institutions, such as schools, colleges, executive education, and vocational institutions.”

In an age of multiple types of testing, certification, skills acquisition, and learning management systems, Frischmann says “there’s a need to standardize the way testing and skills acquisition is communicated, for teachers, students, and parents. Right now, it’s a fragmented landscape, and it is still unclear how a student tracks his or her learning through each educational stage.”  

The spark for Skills Label came from Frischmann’s prior experience working in competency based learning. “In 2011, I was developing a methodology—and, later, an application—for the ‘Skills Based Approach’ to learning, a way to standardize a person’s list of skills within his or her level of expertise. In 2013, I published A Skills Based Approach to Developing a Career to share this methodology with a wider audience.”

In trying to reduce the amount of typing in managing tasks within the application, Frischmann says he thought of creating a new, standardized display: the Skills Label. “When someone clicks on the label, all the information about that person’s learning experience becomes immediately available. By 2016, I had created a workable solution.”

After developing the labels prototype, Frischmann recognized that there was not a predefined standard in the marketplace for tracking learning. He performed a patent search and filed two provisional patent applications for Skills Label in 2016. 

“As I was deciding whether to file a non-provisional patent, I decided to approach the New York State Science and Technology Law Center at the College of Law,” says Frischmann. “I worked with them to develop an IP landscape to get a sense of the value of the patent, and NYSSTLC performed a market analysis and an independent patent search. They found some interesting concepts, but nothing that directly conflicted with mine. Skills Label was clearly distinguished as a novel concept.” 

“Professor Dean Bell, with the help of College of Law students, researched Frischmann’s technology as part of our summer program,” explains NYSSTLC Associate Director Molly Zimmerman. “The work we did for Ryan demonstrates how the NYSSTLC program helps entrepreneurs determine whether to continue investing time and resources into a new technology.” In fact, Skills Label was as one of 14 summer 2017 projects for NYSSTLC, completed with guidance from Bell and fellow adjunct professors Dominick Danna and Chris Horacek. 

After working with NYSSTLC, Frischmann’s next step was to ask Professor and Shubha Ghosh, Director of TCLC, for help moving the Skills Label concept from the IP landscape stage to the patent filing stage. Ghosh reviewed the patent landscape and provisional application, filed in fall 2016, in time for him to file the final application in August 2017. 

“Ryan has a useful invention, and he has submitted a strong application,” notes Ghosh. “The next steps are to beta-test and develop the invention for commercialization. We have been encouraging Ryan to move on to that next step. In the meantime, he is waiting to hear about his patent application and is looking into marketing opportunities outside the United States.” 

Frischmann says the skills label will create value by introducing familiarity and a basis for “comparisons of like objects.” So in addition to course credit, students can earn and track specific skills themselves, and the teacher (or institution or textbook company) can put these learning outcomes “right on the label,” placed up front on a book, website, curriculum, or task sheet. “In this way, the Skills Label will present standardized information the way the nutrition label tells us about vitamins on a cereal box,” observes Frischmann.

Other aspects of Frischmann’s patent include verifying the accuracy of the expectations and outcomes on the labels, assigning credentials earned, and deriving a return of investments (ROI) for learning resources. “In the long term, the data collected from these labels might provide a strong step towards tracking learning through a lifetime,” Frischmann adds. 

Frischmann says he’s approached professors and other educators who say his idea “makes a lot of sense.” “So now I’m looking to see if publishers or educational institutions will pick up the Skills Label idea, and I’m looking for funding, collaborators, and partnerships to move the idea forward,” adds Frischmann. “The reason I wanted to apply for a patent is to protect my idea so that I can approach a potential partner and feel confident that they won’t say, ‘This concept is great … let’s make some tweaks and do it ourselves.’”

Sophie Dagenais Named Fellow of the New York Bar Foundation

Posted on Monday 10/2/2017

Sophie Dagenais, Assistant Dean for Advancement and External Affairs, has been named a Fellow of the New York Bar Foundation.

Fellows are nominated by peers and recognized for distinguished achievements, dedication to the legal profession, and commitment to the organized bar and service to the public. “Being a Fellow of the New York Bar Foundation is an honor,” states Chair of the Fellows, Emily F. Franchina. “Fellows represent one percent of the New York State Bar Association membership. Being nominated and elected is a notable achievement.” 

“Being named a Fellow is a great distinction, and I am truly honored to be a member of this important group,” says Dagenais. “I look forward to collaborating with the other distinguished Fellows to advance the practice of law across the state and to support the Foundation’s dynamic programs and initiatives.”

As Foundation ambassadors, Fellows exemplify the spirit of caring and sharing by demonstrating their belief that the practice of law is a helping profession. For more information regarding the Fellows or the New York Bar Foundation, visit www.tnybf.org.

Michael Schwartz to Serve on NYS Committee to Promote Court Access for People with Disabilities

Posted on Friday 9/29/2017

On Sept. 26, 2017, the New York State Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks announced the formation of an advisory panel charged with developing an action plan to improve access to state courts for all persons, including those with visual, hearing, communication, mobility, cognitive and other disabilities.

Serving on the Advisory Committee on Access for People with Disabilities will be Professor Michael Schwartz, Supervising Attorney and Director of the Disability Rights Clinic in the College of Law’s Office of Clinical Legal Education.

“It’s a great honor to be included in such an important group that will advise the courts of the State of New York on improvements to its accessibility for people with disabilities,” says Schwartz. “I look forward to this exciting work. I hope my experiences as a deaf lawyer for more than 35 years will provide some guidance to my colleagues on the committee.”

Schwartz joins state Unified Court System judges, clerks, and administrators, as well as representatives from legal services providers, law firms, and advocacy groups from around New York State. The Committee will be led by Hon. Rosalyn H. Richter, Associate Justice of the Appellate Division, First Department, of the New York State Supreme Court. 

The advisory panel will examine a broad scope of issues, including the procedures for requesting accommodations; the availability of sign language interpreters and the quality of remote video interpreting services for the deaf and hard of hearing; the navigability for those with visual and other disabilities of online court programs and services; barriers faced by jurors who have a disability; and training and other needs to ensure best practices in providing access for court users with special needs. 

The Committee will submit its recommendations to the Chief Judge on these issues, among other topics of concern. 

Court users are protected from disability discrimination by the American Disabilities Act (ADA) and other statutes. Each courthouse has a liaison to assist in providing reasonable accommodations to litigants, attorneys, and other court users with special needs. The court system employs a statewide coordinator to oversee the facilitation of such requests, offering training, technical, and other resources to the liaisons, as well as to judges and other court staff. 

Advisory committee member Deputy Chief Administrative Judge Edwina G. Mendelson—who heads the courts’ newly expanded Office for Justice Initiatives (OJI), which works to ensure meaningful access to justice for all those who pass through New York’s state courthouses—will work closely with committee members to seek ways the OJI can enhance accessibility for court users with special needs. 

New York Courts’ Advisory Committee on Access for People with Disabilities 

Chair
  • Hon. Rosalyn H. Richter, Associate Justice, Appellate Division, First Department 
Members
  • Maureen Belluscio, Staff Attorney, New York Lawyers for the Public Interest, Disability Justice Program 
  • Anne Callagy, Director of Government Benefits, The Legal Aid Society - Civil Practice 
  • Beth Diebel, District Executive, Third Judicial District, New York Courts 
  • Hon. Vincent DiNolfo, County Court Judge, Monroe County 
  • Hon. Sherry Klein Heitler, Chief of Office of Policy and Planning, NYS Office of Court Administration 
  • Hon. Deborah Kaplan, Statewide Coordinating Judge for Family Violence Cases, NYS Office of Court Administration 
  • Kleo King, Deputy Commissioner and General Counsel, NYC Mayor's Office for People with Disabilities 
  • Eve Markewich, Partner, Markewich and Rosenstock LLP 
  • Hon. Edwina G. Mendelson, Deputy Chief Administrative Judge, Office for Justice Initiatives, New York Courts 
  • Hon. Juanita Bing Newton, Dean, New York State Judicial Institute 
  • Charles Perreaud, Jury Commissioner and Court Interpreting Coordinator, Seventh Judicial District, New York Courts 
  • Hon. Robert Pipia, District Court Judge, Nassau County 
  • Michael Schwartz, Supervising Attorney and Director, Disability Rights Clinic, Office of Clinical Legal Education, Syracuse University College of Law 
  • Liz Sergi, Senior Social Worker, Helen Keller Services for the Blind 
  • Charles Small, Chief Clerk for Civil Matters, Kings County Supreme Court 
  • Nahid Sorooshyari, Senior Staff Attorney, Mobilization for Justice (formerly MFY Legal Services) 
  • Dan Weitz, Director, Division of Professional & Court Services, NYS Office of Court Administration 
Counsel to the Committee
  • Barbara Zahler-Gringer, NYS Office of Court Administration 

Wohl Family Veterans Legal Clinic Receives Generous Community Support at Utica Fundraiser 

Posted on Thursday 9/28/2017

A Syracuse University College of Law fundraising event at the @171 Genesee venue in downtown Utica, NY, proved a spectacular success last night. Friends of the Wohl Family Veterans Legal Clinic, Oneida County officials, College of Law representatives, and others gathered to build awareness of the clinic's partnership with the county, and raised in excess of $100,000 for the clinic’s important work providing free legal services to Central New York veterans and their families, training local attorneys, and educating the next generation of veterans advocates at the College of Law. 

“Thank you to all who made this fundraising event so successful, especially Jackie and John Romano, Linda Romano and Russ Petralia, Robert Esche of the Save-of-the-Day Foundation, Oneida County Executive Anthony J. Picente, Rear Adm. Garry White, and Lt. Tom Caruso L’14,” says College of Law Dean Craig M. Boise. “The ongoing collaboration between the College and Oneida County will ensure that veterans from the county will continue to receive high-quality, pro bono legal services, to the benefit of all citizens, and the money raised will help the legal clinic not only remain at the heart of the College’s mission but also become the premier national center for the training of veterans’ advocates.”

“Thank you to our generous benefactors and to Oneida County,” says co-founder Tom Caruso. “As the audience heard last night, support of the clinic’s work is a winning proposition with a triple bottom line: client veterans who have given their all for our country receive the benefits they have rightly earned; College of Law students are gaining invaluable experience in a highly specialized, growing area of the law; and our local communities, such as Oneida County, are strengthened by strong and supported military families.”

“The Syracuse University College of Law Wohl Family Veterans Legal Clinic not only provides our local veterans a vital service but also gives young law students the benefit of hands-on experience,” says Oneida County Executive Anthony J. Picente Jr. “Oneida County is proud to partner with this outstanding organization and help further its good work.”

Opened in January 2015, the Wohl Family Veterans Legal Clinic is the first comprehensive legal clinic in New York providing free legal assistance to veterans as they apply for benefits from the Department of Veterans Affairs (VA), appeal adverse VA decisions, and attempt to upgrade their military discharge. Directed by Yelena Duterte, the Clinic operates as part of the College of Law’s Office of Clinical Legal Education. Students who work for the clinic conduct research, investigations and advocacy on behalf of clinic clients. In addition to client representation, the clinic engages in community outreach in Syracuse, NY, and in Utica, NY, and partners with social services agencies to connect clients to available resources designed to support veterans and families.

Learn more about the clinic in this short, informative video:

Professor Robert Ashford’s “Inclusive Capitalism” Gains International Support

Posted on Wednesday 9/27/2017

According to Bond Schoeneck & King Distinguished Professor of Law Robert Ashford, “In the time needed to read this article, the wealthiest 1% of the American people will have acquired more capital wealth with the earnings of capital than most people will earn in their lifetimes, no matter how long and hard they work.” 

Although most people earn from their labor, thanks to the institutions of corporate finance the top 1% achieve much greater growth in wealth not by working, according to Ashford, but rather by “acquiring capital with the earnings of capital.” Moreover, says Ashford, the same institutions of corporate finance that facilitate such vast sums of capitation acquisition for primarily the top 1% could facilitate much more capital acquisition more profitably, without redistribution or inflation, if everyone were included in the capital acquisition process. 

These observations were advanced by Ashford in a series of well-received lectures on “Inclusive Capitalism” delivered earlier this year in the United Kingdom at Cambridge and Oxford universities, the London School of Economics, and Syracuse University’s Faraday House in London. His pioneering work has now culminated in a contract with Cambridge University Press to publish a book tentatively entitled Milton Friedman’s Capitalism and Freedom: Missing Truths, False Promises, and Better Ways. In his book—intended for undergraduate and graduate courses, as well as the general public—Ashford plans to identify missing truths and false promises in Friedman’s widely accepted analysis that prevent contemporary capitalism from producing and distributing much greater and more widely shared prosperity and to offer better capitalistic ways of achieving it. 

Ashford—who teaches a seminar on “Inclusive Capitalism, Property Rights, and Binary Economics,” as well as courses in Business Associations and Professional Responsibility—says he agrees with the basic premise of Friedman’s enormously influential best-seller that some form of capitalism is necessary for personal freedom in a post-industrial society. But he finds serious fault with Friedman’s book because Friedman’s analysis rests on simplistic economic assumptions. 

“Friedman ignores the institutional realities of mega-corporations, private wealth concentration, and exclusionary property rights,” Ashford explains, “that needlessly deny most people more equal, practical opportunities to acquire wealth the way the top 1% routinely do and therefore deny them the robust personal freedom that would spring from a more inclusive approach to capitalism.” Quoting the words of Justice Louis Brandeis from more than 75 years ago, Ashford observes, “We can have democracy in this country or we can have great wealth concentrated in the hands of a few, but we cannot have both." 

Although widely conceived as distinct disciplines, Ashford’s scholarship maintains that in post-industrial societies, economics and law are inseparable because virtually all economic opportunity requires property rights to be practically realized. “Law is the invisible infrastructure that channels and facilitates economic activity,” says Ashford. “In contemporary capitalism, property rights work to concentrate private wealth, when they could more profitably work to create and distribute much greater private wealth much more broadly without any redistribution or inflation.”

Acceptance of Ashford’s approach among professional economists is increasing as evidenced by his lectures at Oxford, Cambridge, and the London School of Economics, all hosted by economists. Paul Davidson, founding editor of The Journal of Post Keynesian Economics, endorses Ashford’s work, calling it a “promising antidote to the eroding earning capacity of poor and middle-class people.”  Richard Hattwick, founding editor of The Journal of Socio-Economics, agrees, noting that Ashford’s innovative approach to fuller employment and per capita growth based on capital productiveness and broadening property rights deserves a prominent place in mainstream economic analysis. Moreover, Demetri Kantarelis, founding editor of Global Business & Economics Review—who has co-authored several articles based on Ashford’s scholarship—calls Ashford’s scholarship “the most important contribution to economic theory in many decades.”

The timely relevance of Ashford’s scholarship to contemporary global economic concerns is revealed in the titles to his recent UK lectures: “Inclusive Capitalism: The UK's Ownership-Broadening Road to Prosperity in the Post-Brexit Era” (at Oxford University); “Enhancing Individual Earning Capacity in the Age of the Robots by Broadening Capital Acquisition with the Earnings of Capital” (at SU's Faraday House in London); and, at Cambridge University and London School of Economics, “Beyond Austerity and Stimulus: Making Employment and Growth More Sustainable by Widening Capital Ownership with the Earnings of Capital.”

“Austerity” and “stimulus” are shorthand terms for competing mainstream responses to the Financial Crisis of 2007-2008, the Great Recession, the crisis in the European monetary union, and the Brexit issues in the UK. The terms also frame the ongoing macroeconomic debate between advocates of the conflicting “free market” and government solutions believed necessary to move capitalist economies to fuller employment in order to produce greater per capita growth and more broadly shared prosperity. 

Ashford’s Inclusive Capitalism approach to fuller employment and greater per capita growth places it squarely in the middle of this great global debate. Drawing from private property principles too often ignored in mainstream economic analysis, Ashford’s book will advance a strategy for achieving fuller employment and stronger per-capita growth that is “beyond austerity and stimulus.” Observes Ashford, “In my travels to the UK, I didn’t meet anybody who wasn’t interested in economic policy alternatives to austerity and stimulus.”  

The fuller-employment logic underlying Ashford’s Inclusive Capitalism approach (ignored by both austerity and stimulus advocates) is remarkably simple: because investment is always future looking, a broader distribution of capital acquisition with the earnings of capital promises a broader distribution of capital income (and therefore greater consumer demand) in future years and therefore greater market incentives to invest in labor and capital in earlier years.

“One key institution is the professional trust fiduciary,” continues Ashford. “Currently, existing ones—such as Fidelity, TIAA-Cref, T. Rowe Price, and Vanguard—assist mostly wealthier people to acquire capital with the earnings of capital roughly in proportion to their existing wealth.” With an understanding of Inclusive Capitalism, Ashford says such companies can also profitably assist poorer people with capital acquisition in proportions not limited to their existing wealth. Likewise, once corporate fiduciaries, financial advisors, lenders, investment banks, and capital credit insurers come to understand that broadening capital acquisition with the earning of capital will enhance corporate and investment profitability, corporations will begin to voluntarily include their employees, customers, and neighbors in large-scale capital acquisition programs. “The barriers to producing more goods and services that people need and desire are not technological,” notes Ashford. “The barriers are in understanding how to do so profitably and sustainably.” 

With Ashford's “inclusive, competitive capital acquisition rights” approach to fuller employment and per capita growth, poor and middle-class Americans will see their earnings and wealth increase in an age of stagnant wage growth (yet high productivity). “A broader distribution of capital earnings will promote fuller employment and growth by enabling poor and middle-class people to better afford more of the necessities and simple luxuries of life that richer people have long enjoyed from capital income,” says Ashford. Furthermore, with more broadly distributed capital income, there will be “reduced need for welfare dependence, government spending, borrowing, and taxes.”

Ashford concludes that Inclusive Capitalism would enhance personal freedom and strengthen democracy, goals at the heart of Friedman’s book: “Widespread, practical access to capital acquisition—represented by a broadly diversified portfolio of America’s 3,000 or so largest credit-worthy corporations, precisely the sort of investment portfolio that routinely earns for the top 1%—is necessary for individual prosperity, personal freedom, and the citizen participation required for robust democracy.” 

College of Law Partners with the International Legal Experts Association to Bring Doctrinal U.S. Law Courses to South Korea

Posted on Tuesday 9/26/2017
Dean Craig M. Boise and ILEA Vice Chairman Ki Tae Kim

The College of Law and the International Legal Experts Association (ILEA), a legal industry association based in Seoul, South Korea comprised of legal and non-legal professionals, have formed a partnership for College of Law faculty to teach doctrinal U.S. law courses in Seoul. 

Through this non-degree program, ILEA members will be able to complete coursework in doctrinal subjects like Torts, Contracts, Civil Procedure, Constitutional Law, Criminal Law, and other subjects tested on the MBE and MEE. Classes are anticipated to begin later this year. 

In addition to arranging curriculum and faculty, the College of Law is working with the University College’s English Language Institute to launch an online Legal English course offered to members before beginning the academic program. 

“The partnership with ILEA leverages the College’s contemporary curriculum and noted faculty to bring an extensive introduction to the U.S. legal system to qualified professionals currently working in Seoul,” said Andrew S. Horsfall, Assistant Dean of International Programs. “This program will advance the College’s commitment to being a leader in international legal education.”

Recently, Ki Tae-Kim, Vice Chairman, and Jerry Yang, Secretary General from ILEA visited the College of Law to officially sign the agreement, tour Dineen Hall, and meet with faculty.

“By partnering with Syracuse University College of Law, ILEA members will have access to relevant courses that will greatly benefit their careers, or ultimately prepare them for a bar exam and practice law in the United States,” said Ki Tae Kim, Vice Chairman of ILEA. “The program further meets our goal of providing our growing membership, from lawyers and patent attorneys to CPAs and law professors, with high-quality educational opportunities.”

ILEA is affiliated with the Ministry of Foreign Affairs and partners with the Korean Legal Aid Corporation, a national provider of pro bono legal services.

Lauryn Gouldin Invited to Chapman University Works-in-Progress Workshop

Posted on Thursday 9/21/2017

With a working draft of an article tentatively entitled “Framing for Release” in hand, Associate Professor of Law Lauryn Gouldin travelled to Chapman University’s Fowler School of Law, in Orange, CA, to take part in a Sept. 22, 2017, junior faculty works-in-progress workshop.

“I’ll be presenting my analysis of how well current pretrial reform efforts address perennial problems with pretrial judicial decision-making and how current reform efforts could be adjusted to lead to meaningful reductions in pretrial detention,” explains Gouldin. 

Gouldin was invited by Professor Professor Donald J. Kochan, Associate Dean for Research and Faculty Development, Chapman University, who designed the program to bring together eight promising young scholars to meet and engage with each other and the faculty at the university. The idea behind the workshop’s timing is that early fall is an optimal time to share drafts developed over the summer and to exchange feedback for the refinement process leading up to the spring academic journal submission cycle.

To further refine her ideas, Gouldin says she also will workshop her new article at the ABA Criminal Justice Roundtables in Washington, DC, in November 2017.


Quiñones, Harrison Win 2017 Bond, Schoeneck & King ADR Competition

Posted on Wednesday 9/20/2017

The final round of the sixth Bond, Schoeneck & King Alternative Dispute Resolution Competition was held in the Melanie Gray Ceremonial Courtroom, Dineen Hall, on Sept. 19, 2017, with Astrid Quiñones 3L and Julian Harrison 3L emerging as winners of the overall competition. The runner-up team was comprised of Anna Pinchuk 3L and Steve Yurkonis 3L. Additionally, Quiñones won the distinction of Best Overall Advocate.

“All the students were impressive, but I did think the finalists were able to work really well together as teams,” says Professor Shubha Ghosh, who ajudged a preliminary round.

The Bond, Schoeneck & King ADR Competition is open to two-person teams consisting of second- and third-year College of Law students. The competition gives students an opportunity to practice resolving clients’ conflicts through negotiation. “This competition may be the most important advocacy competition we run because it calls for students practice skills they will use in every day legal practice: negotiation skills,” says Professor Kathleen M. O’Connor, Faculty Director, Moot Court Honor Society and Advocacy. “Appellate and trial competitions are great learning experiences for our students but not many attorneys practice in court every day. All practicing attorneys, however, are involved in reaching resolutions for clients almost every day.”

This year’s final problem was a fictitious dispute between two healthy alternative grocery stores. NaturalMart has been a family run staple for generations in Ithaca, NY. A disagreement arises because MarketNatural, a grocery store powerhouse, wants to build a location in the center of Ithaca. “It is up to the competitors to negotiate whether MarketNatural can build their new grocery store in Ithaca,” explains O’Connor. Quinones and Harrison represented MarketNatural and Pinchuk and Yurkonis represented NaturalMart.

During the three-day competition, practitioners and professors evaluated teams, and the final round was open to the public. “Thank you to our evaluators for their time: professors Rakesh Anand, Emily Brown, Sanjay Chhablani, Shubha Ghosh, Andrew Greenberg, Margaret Harding, Thomas Maroney, and Richard Risman and Assistant Dean Sophie Dagenais,” says O’Connor. “I also thank Competition Director Ryan Boyle 3L, who wrote four interesting problems and organized the competition; Moot Court Honor Society Executive Director Ryan Lefkowitz 3L; Professor Liz August for her efforts as faculty competition director; and Professor Gary Pieples for running the boot camp.”

“Finally, I want to thank Bond, Schoeneck & King for their continued support of the College of Law and this important competition experience,” says O’Connor.

JUDGES

Final Round

  • Andrew D. Bobrek '07, Attorney, Bond, Schoeneck & King PLLC.
  • Professor Emily Brown
  • Professor Daniel G. Cantone
  • Sophie Dagenais, Assistant Dean for Advancement and External Affairs
  • Professor of Law Emeritus Thomas J. Maroney

Semifinal: Roger Bradley; Sanjay Chhablani; Anthony Galli; Margaret Harding; Chaim Jaffe; Ted Smith

Quarterfinal Round: Rakesh Anand; John Boyd; Emily Brown; Amy Ganetis; Ashley Menard; Richard Risman

Preliminary Round: John Boyd; Arlene Bradshaw; Brian Butler; Dean DiPilato; Amy Ganetis; Stephen Ganetis; Shubha Ghosh; Andrew Greenberg; David Katz; Karin Kukla; Amber Lawyer; Karen Marris; Ashley Menard

Professor True-Frost Invited by the European Society of International Law to Speak About Countering Violent Extremism Efforts

Posted on Friday 9/15/2017

Associate Professor Cora True-Frost recently spoke at the 2017 Annual Conference of the European Society of International Law. She presented her upcoming publication, “What Happens to Human Rights When the United Nations Addresses the ‘Conditions Conducive to Terrorism’?”

“The various organs and agencies of the United Nations have embraced state efforts to counter violent extremism.  The UN’s embrace has simultaneously opened opportunities for and created obstacles to its promotion of international human rights,” said True-Frost.  “This panel addressed the numerous new challenges in the fight against terrorism, with contributions on migration law, countering violent extremism law, and private international law remedies.  Practitioners, scholars, and diplomats present affirmed that the panel discussion would be very helpful to their work going forward.” 

True-Frost attended the conference in Naples, Italy, through a grant from the Andrew Berlin Fund via the Institute for National Security and Counterterrorism.  The Andrew Berlin Family Fund was created in 2010 when the Maxwell School of Citizenship and Public Affairs received an endowment gift to fund faculty and graduate student research relating to issues of national security. The Berlin Fund, established in honor of Professor David H. Bennett, operates through INSCT, a collaboration between SU Maxwell School and the Syracuse Law.

College of Law Alumnus Introduces DCEx Externs to the Complex World of Political Ad Compliance

Posted on Friday 9/15/2017

On Sept. 11, 2017, the Syracuse College of Law Fall 2017 Washington, DC, externs met Joseph M. Di Scipio L’95, a College of Law Honors Graduate and current Senior Vice President of Legal and Federal Communications Commission (FCC) Compliance for 21st Century Fox.

One of Di Scipio’s responsibilities is reviewing the content of advertisements in order to determine whether or not they are within standards established by the FCC.  His presentation focused specifically on political advertisements and his role in determining whether the ad runs or is sent back to the producer for changes that will bring it into compliance. In relation to political ads produced by political action committees (PACs), this review mitigates the chances that 21st Century Fox will be subject to litigation from any number of sources, and particularly the political target of the advertisements. 

Di Scipio also walked the DCEx externs through the differences between political advertisements produced and approved by bona fide candidates on the federal, state, and local levels, concentrating on federal candidates. The externs viewed several political ads, and Di Scipio then solicited the assistance of the group to determine whether the ad would or would not be allowed to run or if it needed compliance changes. 

“The seminar was enlightening, and it was fun to work through the ads and listen to each interns reactions,” says Professor Terry L. Turnipseed, Faculty Director of Externship Programs.

After the seminar, the DCEx externs participated in their second networking event, getting an opportunity to meet influential capital region legal practitioners and gaining their perspectives on not just the Washington, DC, legal environment but the contemporary legal field as a whole.

 

Dr. Shubha Ghosh, TCLC Helps a Scientist Bring a Diagnostic Innovation to Market

Posted on Friday 9/15/2017
Dr. Magnolia Ariza-Nieto
In 2000, when she was awarded a Fulbright Scholarship to travel from Colombia to study genetic engineering at the University of Arkansas, Dr. Magnolia Ariza-Nieto says she thought she had won the lottery. But with that elation came a sense of responsibility. “When you are on a Fulbright scholarship, you feel you have a moral imperative to pay something back for the benefit of mankind,” she says. 

Now, thanks to Dr. Shubha Ghosh, and the Syracuse University College of Law Technology and Commercialization Law Center (TCLC) that he leads as Director, Ariza-Nieto is poised to put her more than 35 years of discovery to practical use with the creation of a diagnostic epigentic kit and complementary precision medicine service that she calls epiWELL.

“epiWELL is a diagnostic kit for healthcare providers to monitor changes in a person’s epigenome, to help with prevention and treatment strategies for a host of diseases, including obesity, Type 2 Diabetes, and Alzheimer’s disease,” explains Ariza-Nieto. “Epigenetics is concerned with the function of genes and their role in metabolic disorders. In my opinion, even aging can be considered an epigenetic disease. When people who are aging well say ‘I have good genes,’ they are essentially correct. In aging, some genes are getting turned off and some turned on, causing the diseases of old age. Having a diagnostic kit to prevent these comorbidities is greatly desired.”

Ariza-Nieto’s path from molecular biologist and genetic engineer to medical industry entrepreneur passed through Cornell University, where she has been a researcher for more than a decade. “Originally, I was interested in plant genetics and how GMO plants might affect human health,” she explains. “I joined Cornell University’s biofortification project, which was looking at the nutritional improvement of plants and how that impacts the quality of the food matrix. That’s when I became interested both in epigenetics and the use of in vitro modelling to study the function of genes and genetic biomarkers.”

However, there was a problem with the in vitro methods being used at Cornell University, explains Ariza-Nieto, especially for a researcher looking at how the human epigenome is affected by real-world “biotic and abiotic” stressors. “My research is about creating ways to measure the benefits of physical and cognitive fitness, diet, and happiness,” she explains. Existing in vitro models were using cancer cell lines for their models, “but I couldn’t use those for epigenetics because they are compromised cells, so I wanted to develop a cell line using uncompromised cells.”

The use of liver cells for in vitro models looked promising, but Ariza-Nieto says there was still the problem of finding biomarkers for disease. She then realized that to study how genes function in the human body, she should use actual human subjects. “My idea was to use human subjects to investigate epigenetic changes caused by exercise, diet, recreational drugs, and medication.” When the large National Institutes of Health grant Ariza-Nieto was working on ended in 2015, she decided to develop her discoveries, methods, and data into a diagnostic tool for healthcare providers, by licensing her invention and forming her own company.

Ariza-Nieto's first engagement with the College of Law's technology commercialization expertise came at a 2016 Cornell University PreSeed Workshop, where a team from the College's New York State Science and Technology Law Center (NYSSTLC) reviewed her epiWELL concept. "We evaluated the technology at an early stage," explains Molly Zimmerman, NYSSTLC Associate Director. "PreSeed workshops look at the issues that help make an early 'go /no-go' decision. Our team met with Magnolia for two days and provided research and information on key issues, including potential purchasers, distribution channels, the size of the opportunity, competitors, and a value proposition." 

The evaluation allowed Ariza-Nieto to pursue her innovation, but she was soon faced with a complex problem—how to start her own business, publish her research, and file a patent while at the same time licensing technology and datasets from her former employer and satisfying her medical industry collaborator. “I didn’t know how to balance all the issues, so the business advisor I was working with suggested I return to the College of law and meet with Professor Ghosh,” recalls Ariza-Nieto. 

“Dr. Ariza-Nieto has made significant discoveries about the behavior of specific biomarkers that will have great importance for diagnostics and drug testing,” says Ghosh. “Her story in procuring patent rights through Cornell University is a typical one for an innovator who develops an invention while employed by a university and while collaborating with another entity, in this case Guthrie Health, which assisted her research with human subjects.”

“Professor Ghosh began to help me with the patent, licensing agreement, and more," says Ariza-Nieto. "In the end, we decided that EpiWell and Cornell University would share the patent 50/50. I was so glad to meet Shubha. When I started, I didn’t understand the legal language being used, and it seemed scary. Shubha helped with IP issues and licensing and now I’m learning.” 

Together, Ghosh and Ithaca, NY, Small Business Development Center advisor Chuck Schwerin successfully negotiated with Cornell University to move Ariza-Nieto’s patent application forward while preserving her rights to publish and to patent. “My research paper is ready to be published in Endocrine Connections once my probational patent is filed,” says Ariza-Nieto. “After that I will look for grant money and venture capital for my company.” 

“I’ve had some good mentors in my life,” continues Ariza-Nieto, including her late father Dr. Uriel Ariza-Pardo, a professor of Agriculture and Human Health at the Instituto Colombiano Agropecuario, and professors Michael Shuler and Ross Welch, a biomedical engineer and a plant physiologist respectively at Cornell University. “When you get a Fulbright Scholarship, you discover a network of support from professors and researchers, and now, thanks to NYSSTLC and Professor Ghosh, I have found one in the business world.”

College of Law Partners with NDNY Federal Bar Association to host CLE on Supreme Court

Posted on Monday 9/11/2017
Amy Howe
A new partnership between the Northern District of New York Federal Court Bar Association and The College of Law brings the CLE event, "United States Supreme Court: The 2017-2018 Term" to Dineen Hall on Friday, October 20, 1:30 - 4:15 p.m. The event is also sponsored by the Institute for the Study of the Judiciary, Politics, and the Media. The CLE will feature guest lecturer Amy Howe, SCOTUSblog reporter and former editor, who will present, “When Elections Matter: The Supreme Court, the Scalia Vacancy, and the 2016 Election.”

Following the lecture, the Hon. Rosemary Pooler, Circuit Judge, U.S. Court of Appeals for the Second Circuit and College of Law faculty William Wiecek, Lauryn Gouldin, and Andrew Kim will join Howe in a panel discussion, “Supreme Court Preview: 2017-2018 Term,” moderated by Keith Bybee, Vice Dean and Paul E. and Hon. Joanne F. Alper ’72 Judiciary Studies Professor of Law.

The program is free to College of Law alumni and members of the NDNY Federal Court Bar Association. For all others, the cost of attendance is $25. For more information and to register, click here. The event will coincide with the College's Law Reunion Weekend.

Professor Arlene Kanter Continues “Revolutionary” Research on Services for Students with Disabilities in Israel

Posted on Friday 9/8/2017
Continuing her engagement with disability rights scholarship and advocacy around the world during her sabbatical year away from the College of Law, Professor Arlene Kanter visited Israel in August 2017 to work on a research project to support students with disabilities in higher education.

In collaboration with five faculty members from Haifa University—Drs. Naomi Schreuer, Dalia Sachs, Sagit Mor, Carmit Shpigelman, and Miri Sarid—the research project seeks to assess the efficacy of Israeli university and college centers that have been developed in the past five years to support students with disabilities. 

“This project grew out of research I began when I was in Israel as a Fulbright Scholar at Tel Aviv University in 2009 and 2010, and as a Distinguished Switzer Fellow, supported by the US Department of Education’s National Institute on Disability Rehabilitation and Research, in 2010 and 2011. In those years, I conducted comparative research on access to higher education for students with disabilities in the US and Israel.” 

What Kanter found in Israel was that there were no laws or policies about access to higher education for students with all types of disabilities, and little information or research about these students or the services they receive at the universities and colleges in Israel. 

“As a result of my findings, I suggested to the National Insurance Institute’s (NII) Office of Special Projects of the need for a nationwide system of centers to support students with disabilities in universities and colleges,” Kanter continues. “NII enthusiastically accepted my proposal, and in 2010, the institute initiated a government-funded program to create a nationwide system of centers to address the needs of students with disabilities in higher education.” 

Known as the “Revolution in Higher Education,” Kanter says that this program resulted in government funding to support the development of centers at Israel’s eight public universities and at about 40 of Israel’s 60 private colleges. 

“This is the first such program of its kind in Israel and perhaps the world,” Kanter notes. “Prior to this program, some services were available to students with certain learning disabilities, but only at a few of Israel’s universities and colleges. This ‘Revolution in Higher Education’ program applies to all students with all types of disabilities at all of Israel’s institutions of higher education.” 

In addition to funding the centers, the NII also sponsored a training program for staff of the centers. The program was developed by Kanter and Dr. Nitsan Almog, whose dissertation at Bar Ilan University—on Israeli university students with vision impairments—was supervised by Kanter. The training program designed by Kanter and Almog—in cooperation with NII staff—was largely modeled on successful centers that support students with disabilities in US universities and colleges, such as the one at Syracuse University.” 

Subsequently, NII chose Kanter and a research team at Haifa University to conduct a five-year study on the efficacy of these centers and their role in changing the culture of universities to become more inclusive of students with disabilities. 

In August 2017, Kanter and her colleagues reviewed their preliminary research results. She explains that the research uses focus groups, questionnaires, and interviews with students, staff, and faculty (conducted in Hebrew by the Haifa University researchers). Data will be compiled into what will be Israel’s first nationwide database on students with disabilities, the barriers they face in accessing higher education, and the role the centers play in meeting their needs. 

Kanter also will be the lead author of an upcoming article about the research project and about a new regulation that was enacted by the Israeli Parliament requiring all Israeli colleges and universities to have support centers for students with disabilities. This upcoming article will discuss the efficacy of these new centers and how they are addressing the barriers students face in higher education in Israel. The article moreover will discuss the new regulation which, according to Kanter, is “one of the most important results of the ‘Revolution in Higher Education’ project since it creates a legal mandate for all universities and colleges in Israel to have centers to support students with all types of disabilities.” 

Israel is appropriate for comparative research on access to higher education for students with disabilities, Kanter explains, because Israel’s “new nationwide system of support centers provides a model for other countries that are seeking to increase access of students with disabilities to higher education, particularly those countries that have ratified the United Nations Convention on the Rights of People with Disabilities (CRPD).” 

Kanter worked with the UN from 2001 to 2006 on drafting the CRPD, including Article 24 that guarantees the right of all children and adults with disabilities to inclusive education, including in higher education. The UN adopted the CRPD in 2006, and since then it has been ratified by 174 countries, including Israel—but not the United States. 

Kanter says she will continue her work on this research project along with other activities, when she returns to Israel after her current semester as a visiting scholar at Harvard Law School. Kanter was awarded the prestigious Lady Davis Fellowship at Hebrew University for the spring 2018 semester. At Hebrew University, she will teach a course on Human Rights and Disability at the law school as well as work with faculty throughout the university on a new Disability Studies program that was launched earlier this year.

NYSSTLC Lab to Market Webinar: CRISPR Patents, with Jacob S. Sherkow, Sept. 14, 2017

Posted on Thursday 8/31/2017

“CRISPR Patents,” a NYSSTLC Lab to Market webinar with Jacob S. Sherkow, Associate Professor of Law at the Innovation Center for Law and Technology, New York Law School

Sept. 14, 2017 | 1 - 2:15 p.m. EST

CRISPR is a revolutionary advance in biotechnology: it allows molecular biologists to edit cells’ DNA with ease and precision unimaginable even a decade ago. 

The technology is also the subject of contentious patent dispute between several universities, and it is governed by a maze licensing agreements among research institutions, nonprofits, biotech startups, and large pharmaceutical developers. Patents in the CRISPR space illuminate numerous problems—and advantages—of university-based intellectual property for groundbreaking technologies. 

The CRISPR patents herald the beginning of skepticism over inter-institutional collaboration, especially for lucrative “translational” technologies. And they have encouraged universities—otherwise committed to licensing their patents widely—to invest in for-profit surrogate companies to narrowly manage their license agreements for them. 

At the same time, CRISPR patents have allowed publicly minded research institutions to retain control over the technology to essentially prevent some of the technology’s greatest potential abuses: runaway genetic modifications in the wild, also known as “gene drives”; seed-saving restrictions for agriculture; and germ-line human engineering. Using several short papers as guides, this talk will present an overview of these issues and discuss their application to future applications of CRISPR and other significant university-developed technology.

With Help from a College of Law Student, New York’s “Dyslexia Bill” Is Signed Into Law

Posted on Thursday 8/31/2017

Before she enrolled at Syracuse University College of Law, Ptahra Jeppe, at just 24 years old, was hired by New York State Assembly Member Jo Anne Simon (NY-52) as her Chief of Staff. But despite her youth, Jeppe achieved something that even the most experienced political operative would be proud of, working on dyslexia legislation then helping to advocate for a bill that was passed by both the New York Assembly and the Senate with unanimous bipartisan support.

However, that bill—which amends state education law to address how New York schools assist students with dyslexia, dysgraphia, and dyscalculia—sat on Gov. Andrew M. Cuomo’s desk. It might have died there had not Jeppe and other dyslexia advocates then sent letters to the governor urging him to sign it. Their perseverance paid off. On Aug. 21, 2017—coincidently the first day of her second year at the College of Law—Jeppe was informed by Simon that the governor had signed A8262/S06581 into law.

“I was literally in tears because now in New York State we are one step closer to all students getting the opportunity to be successful,” says Jeppe, who describes the bill as “a small step that might make a big difference.” That could be an understatement considering that before this law was passed, dyslexia, dysgraphia, and dyscalculia were not being recognized by name in New York State schools. Instead, they were referred to generically as a “learning disorder,” even though the International Dyslexia Association estimates that about 85% of schoolchildren who qualify for special education have a primary learning disability in reading and language processing and that as many as 15% to 20% of the population as a whole have some symptoms of dyslexia.

Jeppe explains that among New York teachers there was little awareness and understanding of the condition, as well as a lack of language-based interventions needed to help students with dyslexia. A dyslexic herself, Jeppe says she knows intimately how this lack of awareness affects students with the condition. “I was told I wouldn’t graduate high school, and entering 7th grade I was reading at a 2nd grade level.”

Legislation to address assistance for dyslexic students in New York schools was originally proposed some years ago by a reading specialist, who happens to work at one of Jeppe’s childhood elementary schools, in Brooklyn, NY. The “Dyslexia Bill” was first introduced by former state Assemblyman Jim Brennan, then taken up in 2015 by Simon, a fellow Brooklynite, during her first year in the Legislature. The legislation proved a good fit for Simon—not only was her new chief of staff a dyslexia advocate, Simon is a disability civil rights lawyer. Jeppe got to work on another early draft of the bill, and the current form of the bill was re-introduced in June 2017. “I thought it would take a while to go through the legislature, but it passed relatively quickly,” says Jeppe. “I am very proud that it turned out to be a bipartisan bill.”

The new law directs the state Commissioner of Education to issue a guidance memorandum to school districts and the Boards of Cooperative Educational Services (BOCES) informing them of the unique educational needs of students with dyslexia, dyscalculia, and dysgraphia. It also instructs the state Department of Education to develop a guidance memorandum for schools consistent with federal requirements and informs schools that they now may include the names of specific learning disorders—such as dyslexia, dysgraphia, and dyscalculia—in students’ individualized education programs (IEPs) and not just use the broad category of “learning disorder”.

Now the bill is passed, Jeppe says, earlier diagnosis of dyslexia will be encouraged and teachers can research the disability and seek out language-based interventions and technologies that can help. “There will be a greater chance for dyslexic students to find success the way I have.”

One of Jeppe’s professors, Arlene Kanter, who directs the College of Law Disability Law and Policy Program, agrees with her student’s assessment of the bill’s potential to change lives. “Although students with dyslexia are typically entitled to services under the federal Individuals with Disabilities in Education Improvement Act, the new legislation will inform teachers of the unique educational needs of students with dyslexia and related disorders,” says Kanter. “With better-informed teachers, students with dyslexia will have a greater chance to learn and to achieve their own individual potential in school and beyond.”

“New Opportunities for International Justice”: David M. Crane Hosts IHL Dialogues

Posted on Tuesday 8/29/2017

As a Director of The Robert H. Jackson Center, located in Jamestown, NY, INSCT Faculty Member David Crane, Founding Chief Prosecutor of the Special Court for Sierra Leone, was on hand to open the International Humanitarian Law Dialogues on Aug. 27, 2017, at the Chautauqua Institution in Western New York. The annual event, now in its 11th year, gathers current and former international war crimes tribunal prosecutors, renowned academicians, and law experts to speak on current issues in international criminal law.

The theme of this year’s Dialogues is “Changing Times: New Opportunities for International Justice and Accountability.” 

The event opened with the conferring of The Joshua Heintz Award for Humanitarian Achievement, bestowed on Zainab Hawa Bangura in recognition of her distinguished service to mankind and her achievement in the field of international justice. As the UN Secretary-General’s Special Representative on Sexual Violence in Conflict from June 2012 to April 2017, Bangura worked—and continues to work—in the pursuit of justice for victims of war crimes and crimes against humanity, both in her native Sierra Leone and around the world. 

University at Buffalo School of Law Dean Aviva Abramovsky—a former faculty member at Syracuse University College of Law—accepted the award on behalf of Bangura, who was not able to travel due to a recent humanitarian disaster in her native country. 

A second keynote event was a first-time group interview with Andrew Cayley, Robert Petit, and Nick Koumijian, former and current chief international co-prosecutors for the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC—referred to as the Khmer Rouge Tribunal—was established by the UN and the Cambodian government to bring to trial those responsible for atrocities committed during the Khmer Rouge regime, during which an estimated 1.7 million people were killed.

The Dialogues conclude on August 28 and 29 with public seminars and lectures held on the grounds of Chautauqua Institution. 

The Robert H. Jackson Center is a non-profit organization dedicated to promoting liberty under law through the examination of the life and work of Supreme Court Justice Robert H. Jackson, Chief US Prosecutor at the Nuremberg Trials following World War II.

Syracuse Law Honors Awards 2017 to Recognize Distinguished Alumni

Posted on Monday 8/28/2017

On Oct. 20, 2017, Syracuse University College of Law will honor five distinguished alumni with the prestigious Syracuse Law Honors Award. Established in 2015 and presented by the Syracuse University Law Alumni Association (SULAA), the Syracuse Law Honors Awards is conferred on alumni and friends of the College of Law whose career achievements and service to the College, University, legal profession, and the world at large have earned them a nomination by fellow alumni and friends.

This year, the recipients are Hon. Jonathan W. Feldman L’81, United States Magistrate Judge in the Western District of New York; Laura H. Harshbarger L’97, Attorney, Labor and Employment Practice, Bond, Schoeneck & King PLLC; Hon. Theodore A. McKee L’75, United States Circuit Judge of the United States Court of Appeals for the Third Circuit; Lee Michaels L’67, Founder and President of Michaels & Smolak, P.C.; and Frank W. Ryan IV L’94, Partner, DLA Piper.

Dean Craig M. Boise—along with the Board of Directors of SULAA and friends—will celebrate the honorees and their extraordinary achievements at a 6 p.m. ceremony in Dineen Hall’s Melanie Gray Ceremonial Courtroom, followed by a reception in the David M. Levy Atrium, where the SU Law Alumni Jazz Combo, featuring Mike Tyszko L’15 and Joseph Frateschi L’14, will provide entertainment.

“This year’s recipients have distinguished themselves with exemplary service both inside and outside the courtroom, representing their alma mater, supporting fellow and future alumni, advancing their professions, positively affecting lives of ordinary
citizens, and always upholding the rule of law,” says Carey Ng L’02, president of the SULAA Board of Directors and Assistant District Attorney in the New York County District Attorney’s Office. “I look forward to honoring these esteemed ambassadors for the College during the 2017 Reunion Weekend.”

As in past years, the event is a highlight of Reunion Weekend, taking place Oct. 20-21, 2017. Other events during the weekend include a Preview of the United States Supreme Court 2017-2018 term, with special guest lecturer Amy L. Howe, Reporter and Editor, SCOTUSblog, followed by a panel discussion; the Class of 1967 50th Reunion Dinner;  plus the Lunch with the Judiciary and the Dean’s Breakfast. 

Syracuse Law to Host VALOR Day for CNY Veterans, Service Members, and Families

Posted on Friday 8/25/2017

The College of Law will hold its seventh VALOR Day event on Saturday, September 23 from 9 a.m. to 1 p.m. at Dineen Hall, 950 Irving Avenue, Syracuse. Local attorneys and professionals will provide free legal, financial, career, and counseling services for veterans, active duty service members and their immediate families. Conceived by College of Law students, VALOR (Veterans’ Advocacy, Law and Outreach) Day is one of the many ways students give back to the community and those who serve our country.

Services available during VALOR Day include legal consultations with attorneys that specialize in veterans’ legal issues, family law, criminal law, estate and planning issues, and other related areas. Attendees can also have résumés critiqued and receive credit counseling. The event will include a veterans’ information fair with representatives from more than 10 veteran and government organizations on site to discuss their services.

“VALOR Day provides our students as well as local lawyers and organizations with a way to make direct impacts in the lives of veterans, service members, or their families,” said Yelena Duterte, Director of the College of Law’s Veterans Legal Clinic. “We have seen over the past few years how these meetings make a difference in many lives.”

VALOR Day is coordinated by VISION (Veterans Issues, Support Initiative and Outreach Network), a student-run College of Law organization. Since its inception in 2012, VALOR Day has assisted more than 280 veterans and their families by providing access directly to services they need the most.

Appointments made in advance are suggested, but not required. Free parking is available in the Stadium lot during VALOR Day. For more information or to arrange an appointment, contact VISION@law.syr.edu or call (315) 838-5001 or visit SUVISION.syr.edu.

College of Law Welcomes J.D. Class of 2020 and LL.M. Class of 2018

Posted on Thursday 8/24/2017

Syracuse University College of Law recently welcomed 227 students to the study of law at Dineen Hall. 203 of those students are pursuing J.D. degrees, and 24 are seeking LL.M degrees. 

The J.D. Class of 2020 includes an increased number of students of color (27%) and a higher median GPA (3.39) than in the previous year.  The class is comprised of 53% men and 47% women, representing 30 states and four foreign countries (Canada, China, France, and the United Kingdom.)  Students received their undergraduate education at 133 U.S. institutions and two foreign institutions.  Seventeen members of the class hold master’s degrees and one holds a Ph.D., and eleven students are military veterans. The College of Law also welcomed two students with foreign law degrees (from the Republic of South Korea and Saudi Arabia), giving them advanced standing and allowing them to complete the J.D. program in two years.

“The College of Law’s J.D. class of 2020 is a diverse, accomplished group with whom I look forward to engaging as they begin their study of law,” says Dean Craig M. Boise. “Our students are already experiencing the inclusive, welcoming College of Law community that is a priority for us, even as they begin the legal training that, along with experiential opportunities, networking connections, and other resources we offer, will enable them to successfully pursue their career goals.”

The College of Law’s LL.M. in American Law program welcomed 24 students representing the legal education systems of 14 different countries. Included in this cohort are three Fulbright scholars. The LL.M. students come from Albania, Azerbaijan, Brazil, China, Colombia, Pakistan, Palestine, Poland, Saudi Arabia, Syria, Thailand, Uganda, Ukraine, and the United States. 

“Our LL.M. program continues to grow and be recognized around the world not only for the classroom experience but also for its rich array of programs and initiatives that integrate these international scholars in all facets of the College, the University, and the local legal community,” says Dean Boise. “Our entire College, as well as the wider SU community, benefit from the presence and involvement of our LL.M students—all of whom are foreign lawyers, as they bring their own unique experiences and perspectives to our learning environment.”

College of Law Students Begin DCEx Fall Session

Posted on Wednesday 8/23/2017

Behold, Your Syracuse University Bucket List

Posted on Tuesday 8/22/2017

To prove just that, our mascot, Otto the Orange, posted a Syracuse University bucket list to Instagram. Here are a few of the things he did—and the things you should do while you're here to get the full SU experience.

#1 Catch a game in the Dome. Experience the excitement of an SU football, basketball, or lacrosse game in our 49,262-seat stadium. (And maybe get a chance at #2, a photo with Otto.)

#5 Camp out at Boeheimburg. This January, over 100 of our students braved 13 days of near-freezing temperatures to reserve their spots in line for the men's basketball game versus Duke. A 13-day camp out might not be in the cards for a law student, but witnessing our students' dedication is an experience in itself.

#8 Selfie with Chancellor Syverud. Chancellor and president, Kent Syverud, became the 12th leader of the University in January 2014. He served as a witness in the landmark affirmative-action case, Grutter v. Bollinger, and has published law review articles related to civil litigation, insurance law, and negotiation. (Great conversation starters while you're acquiring that selfie.)

#9 Relax in the Orange Grove. The Orange Grove, widely considered the University's landmark, is located adjacent to the Quad. It's lined by a walkway of granite pavers that are engraved with donors' names. Not only is it a great place for our students to study or socialize in the sun, but it's also a place to leave your legacy after graduation.

#11 Coffee at People's Place. Tucked underneath Hendricks Chapel is our campus's hidden gem, People's Place. Stop for a cup of fair trade organic coffee, bagels, or other baked goods from this student-run and non-profit operation.

If you think you're up for the challenge, plan a trip to familiarize yourself with our campus

Schedule a Visit.

College of Law Professor to Give Webcast on IP-Related Supreme Court Cases

Posted on Monday 8/14/2017

The College of Law’s Technology Commercialization Law Program (TCLP) and New York State Science & Technology Law Center will host an August 24 webcast on recent and upcoming intellectual property law-related Supreme Court cases. Shubha Ghosh, Crandall Melvin Professor of Law and director of the TCLP, will host the webcasts, providing insights on issues raised and resolutions of specific cases.

Ghosh will examine the Supreme Court cases of Apple v. Samsung, Dobson v. Dornan, Lifetech v. Promega, SCA Hygiene v. First Quality, Star Athletica v. Varsity Brands, TC Heartland v. Kraft Food, Impression Products v. Lexmark, Sandoz v. Amgen, Matal v. Tam, SAS v. Matal, and Oil State Energy Services LLC v. Greene’s Energy Group LLC.

“During the 2016-17 term, more than 10% of the Supreme Court's opinions were in the field of intellectual property,” said Ghosh. “This webinar looks at what changes the Court has wrought and what insights can be gleaned for the two potentially game-changing patent cases the Court will be deciding next year.”

Recent & Upcoming Supreme Court IP-Related Cases:

Presented by Professor Shubha Ghosh, Crandall Melvin Professor of Law, Director of
Technology Commercialization Program, Syracuse University College of Law.

August 24, 1:00 – 2:15 PM EST

Click ­here for more information and to register for this webcast.

Recusal & Accusal: Bloomberg Law Examines Trump’s Criticism of the Attorney General With William C. Banks

Posted on Wednesday 7/26/2017
William C. Banks

Stephen Gillers, a professor at NYU Law School, and William Banks, director of the Institute for National Security and Counterterrorism at Syracuse University of Law, discuss the latest news in special counsel Robert Mueller’s investigation into Russian interference in the 2016 election. They also discuss President Trump’s changing positions on attorney general Jeff Sessions, and whether or not he will be able to keep his job. They speak with June Grasso and Michael Best on Bloomberg Radio’s "Bloomberg Law."

Listen to the segment here

Dean Boise Serves as Distinguished Guest Lecturer at D.C. Externship Program

Posted on Tuesday 7/25/2017

Students in the Semester in D.C. Externship Program had the opportunity to hear from Dean Craig M. Boise as a Distinguished Guest Lecturer during a recent seminar. The Seminar was hosted by former U.S. Attorney for the District of Columbia Vincent Cohen, Jr. L’95 in the offices of Dechert LLP, where Cohen is a partner.

Dean Boise answered students’ questions and discussed his plans for the College of Law. Dean Boise and Cohen both provided insightful career and externship advice to the students that attended. The lecture was followed by an alumni networking reception.

Professor Kohn Serves as Reporter for the Uniform Law Commission’s “Uniform Guardianship, Conservatorship, and Oth‎er Protective Arrangements Act”

Posted on Monday 7/24/2017

On July 19, 2017, at its 126th annual meeting in San Diego, CA, the Uniform Law Commission (ULC) approved the “Uniform Guardianship, Conservatorship, and Oth‎er Protective Arrangements Act.” David M. Levy L'48 Professor of Law and Associate Dean for Research and Online Education Nina A. Kohn served as Reporter—or principal drafter—of the Act. 

“The Act represents a big step forward, integrating modern understandings of disability rights, trust law, and family law,” explains Kohn. “I expect, and am already hearing, a very excited response from key stakeholder groups.”

The “Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act” is an updated version of the Uniform Guardianship and Protective Proceedings Act, originally promulgated in 1969 as part of the Uniform Probate Code, and revised in 1982 and 1997. The new version of the act is a modern guardianship statute that aims to better protect the rights of minors and adults subject to a guardianship or conservatorship. The Act encourages courts to use the least restrictive means possible and includes a set of optional forms to help courts implement its provisions effectively.

“The Uniform Law Commission is a quasi-government body that conceives and creates legislation for states in order to bring clarity and stability to important issues of state law,” explains Kohn. “Some of the country’s most important laws are the result of the Commission’s work.” The organization is comprised of more than 300 lawyers, judges, and law professors, appointed by the states as well as the District of Columbia, Puerto Rico, and the US Virgin Islands. “When drafting uniform laws, the ULC uses a highly transparent consultation process that brings state-appointed commissioners together to work in collaboration with stakeholders,” says Kohn. “Proposed legislation then comes before the ULC annual meeting to be debated and, if successful, adopted as a new uniform law.” 

“My role as the Reporter on the new uniform act was to be the principal drafter of the legislation,” says Kohn. “The Act brings modern legal theory and understandings to bear on guardianship practice, including a fuller appreciation of the need to engage people with disabilities in decisions about their lives. The aim is not only to create better rules, but to provide those working in the system with the guidance and incentives needed to ensure that those rules will be followed. If you want to make change, you need to get rid of barriers that prevent people from doing the right thing and to incentivize the right behavior.”

Kohn says she will next serve on a ULC enactment committee to support states’ adoption of the new uniform guardianship law. “Some states may adopt the new law in its entirety, but more often than not, states adopt either large portions of a uniform law or use concepts within it to re-write their own law—whatever path is chosen, all these outcomes are welcome.” 

Professor Peter Blanck and BBI Senior Fellow Larry Logue Webinar on Civil War Veterans Now Online

Posted on Friday 7/21/2017

University Professor and Chairman of the Burton Blatt Institute (BBI) Peter Blanck and BBI Senior Fellow Larry Logue hosted a free webinar “Did Civil War Veterans Have PTSD? With Some Lessons for Today’s Veterans” on July 26, 2017.

We encounter PTSD in numerous settings these days. It is most commonly associated with veterans, and some scholars have suggested that PTSD affected combatants from ancient conflicts through World War II and in today’s conflicts. Larry Logue and Peter Blanck’s forthcoming book (2018, Cambridge University Press) examines psychological illness and suicide among veterans of the Union army in the American Civil War. Theirs is the first study to use detailed pension records and death registers to estimate the incidence of mental illness and suicide in those who returned from America’s deadliest war. Dr. Logue will discuss the project’s results and the relevance of PTSD to understanding the past. Dr. Blanck will speak to the implications of the historical findings to the struggles of 21st-century veterans. 



Professor Todd Berger comments on the upcoming O.J. Simpson parole hearing

Posted on Thursday 7/20/2017

Associate Professor of Law and Director of the Criminal Defense Clinic Todd Berger recently spoke with eonline.com on the upcoming O.J. Simpson parole hearing.

Professor Mary Helen McNeal comments on legal ethics surrounding Trump lawyer’s threatening emails

Posted on Monday 7/17/2017

In this Huffington Post article, Professor Mary Helen McNeal comments on legal ethics surrounding Trump lawyer’s threatening emails.

Professor Cora True-Frost Presents at the 2017 annual meeting of the Law and Society Association

Posted on Friday 7/14/2017

Associate Professor of Law Cora True-Frost recently presented at the annual meeting of the Law and Society Association. She presented her paper, “Addressing the Conditions Conducive to Terrorism: The Role of “Civil Society” in International Security”, during the Criminal Law and Human Rights session.

Dean Boise and Law in London student externs with the Crown Prosecution Services visit the Supreme Court of the United Kingdom

Posted on Wednesday 7/12/2017

The Crown Prosecution Service has an extensive training program for Law in London legal externs.  In addition to working on cases and attending court with their mentors, students spend a week at the most historic court in England, the Old Bailey.  Recently they were hosted at the Supreme Court by Lord Hughes, a judge on the Court.  They and Dean Boise also had a meeting with the two Chief Crown Prosecutors for London at CPS headquarters.

Nick Wallace Joins the College of Law as Assistant Dean for Enrollment Management

Posted on Friday 7/7/2017

College of Law Dean Craig Boise has announced the addition of Nick Wallace as Assistant Dean for Enrollment Management. In this role, Wallace will be responsible for the strategic planning, leadership, and implementation of the College’s J.D. enrollment and financial aid initiatives.

Wallace comes to the College of Law from Rutgers Law School where he served as Senior Associate Dean for Admissions and Financial Aid.

“The College of Law is fortunate to be adding someone with Nick’s background and acumen to our senior leadership team at this critical time in legal education,” said Dean Boise. “Nicks’ proven track record of enrolling academically talented and diverse students will play an important role in the College of Law’s growth.”

Prior to Rutgers Law School, Wallace held several enrollment and financial aid positions at the University of Minnesota Law School. He currently serves on the Law School Admissions Council Board of Trustees.

“With its nationally known centers, expanding externship program, and many joint degree options, the College of Law has the assets that potential law students are demanding in today’s marketplace,” said Wallace. “We have the right ingredients to enhance the caliber of our student body.  I am excited about joining an excellent team at the College of Law.”

Wallace received his J.D. from the University of Minnesota Law School, and a Master of Public Policy degree from the University of Minnesota – Humphrey School of Public Affairs. 

LSAT Changes and What You Need to Know

Posted on Thursday 6/29/2017

​Like many prospective students, you may have the LSAT on the brain. Recently, LSAC announced some changes regarding the frequency of when students can take the test. LSAC has announced, “that starting with the September 2017 LSAT, there will no longer be any limitations on the number of times a test take can take the LSAT in a two-year period. LSAC has revised this policy as part of its planning for additional administrations of the LSAT. We will provide more information on the LSAT schedule in the coming weeks”. Additionally, LSAC has announced more test dates for the 2018-2019 year. 

If you're one of the prospective law students with a future LSAT pending, we wanted to share LSAT tips and recommendations on where to begin. Tatum Wheeler, from Ms.JD.org, dished on her LSAT go-to’s and shared advice (spoiler alert: there are FREE online LSAT prep tools). The full article can be found here. If you’re still feeling lost and unsure when to begin studying for the LSAT, review her recommendations/time line here.

As a reminder, if you are considering Syracuse Law, we accept applications until July 1st to account for the June LSAT. If you are interested in applying, click here or contact our office for additional information. 

Best of luck as you begin LSAT prep!

Syracuse Law Associate Professor Nathan A. Sales Nominated to Lead U.S. Counterterrorism Bureau

Posted on Monday 6/19/2017

The White House announced last week its intention to nominate Syracuse University College of Law associate professor Nathan Sales as the State Department's coordinator for counterterrorism. Professor Sales previously served as deputy assistant secretary for policy at the Department of Homeland Security and as senior counsel in the Justice Department's Office of Legal Policy.

“Professor Sales’ experience serving in high-level government roles, his academic background and overall expertise in national security and counterterrorism make him a strong candidate for this important position,” says Chancellor Kent Syverud. “Professor Sales’ nomination is another instance of Syracuse University faculty playing important roles in shaping public policy, creating change and positively impacting the tone and discourse of our national dialogue.” 

Professor Sales, a Duke University Law School graduate, joined the Syracuse College of Law faculty as an associate professor in 2014. He previously served as an assistant professor at George Mason University’s Antonin Scalia Law School.  He teaches and writes in the fields of national security law, counterterrorism law, administrative law and constitutional law.

  

“It is an honor to be nominated for such a critical position in our government,” says Syracuse Law Dean Craig M. Boise. “As a faculty member in our Institute for National Security and Counterterrorism, Professor Sales is part of an interdisciplinary team that is at the forefront of research and analysis in the fields of national and international security and counterterrorism.  Professor Sales possesses the relevant national security expertise and legal acumen coupled with the international perspective needed to be an effective counterterrorism leader. We look forward to assisting him as he transitions to this important role.”

DOT Honors Attorney Christopher Jennison L’16 Opens 2017 Summer D.C. Externship Program Seminar Series

Posted on Thursday 6/15/2017

Syracuse Law recently began its 2017 Summer D.C. Externship Program with a seminar featuring recent alumnus Christopher Jennison L’16. The seminar series is part of a comprehensive externship program that builds on the College’s extensive alumni network in the capital region and commitment to experiential learning to provide students with a course of study and valuable legal experience in order to understand how lawyers function in the United States capital.

Distinguished Guest Lecturer Jennison is a former participant in the D.C. Externship Program himself and the first to return as a lecturer. He now works as an Honors Attorney in the U.S. Department of Transportation Office of General Counsel’s Office of Aviation Enforcement and Proceedings. He spoke with the program’s current participants about the importance of networking and that the key to getting a job out of law school is to “apply, apply, apply,” emphasizing the importance of getting applications to prospective employers in good time.

Jennison said he credits his early career success to the fact that he spent time fortifying relationships with people he met through the D.C. Externship Program, in addition to sending out multiple job applications. Jennison also regaled the students with some interesting legal facts about aviation regulation and enforcement. For example, contrary to popular belief, turkeys actually can fly very well—in passenger airplanes as service animals!

Along with working at federal offices and a diverse array of organizations throughout the D.C. area—including at the Department of Justice, NASA, and U.S. Securities and Exchange Commission—students in the externship program write a research paper on a relevant topic and participate in a series of seminars taught by faculty members and practicing lawyers, many of whom, like Jennison, are Syracuse Law graduates.  

The Syracuse Law D.C. Externship Program is offered to qualified second and third-year students three times a year, in the summer, fall, and spring semesters. The program is coordinated by Professor Terry L. Turnipseed, Faculty Director of Externship Programs. 

Professor Emily Brown Receives University Funding for Climate Change Policy Awareness Project

Posted on Wednesday 6/14/2017

Legal Writing Professor Emily Brown has received a Syracuse University Campus as a Laboratory for Sustainability (CALS) Grant. The grant will enable Brown to work with two research assistants to review climate change rules proposed by the federal government, to distill the proposed rules into accessible summaries, and to share these short policy analyses via a social media campaign. 

As Brown explains, “My proposal asks three related questions. First, is it possible to summarize and convey complex environmental rules in a way that is both interesting and accessible? Second, how can you inspire individuals to feel empowered to participate in public policy decisions about climate change? And, third, how can you reach a large group of people with this information?”

Brown points to a recent social media phenomenon surrounding the Federal Communication Commission, “Net Neutrality,” and the HBO comedy show Last Week Tonight with John Oliver as a template for what she hopes to accomplish. “On June 1, 2014, John Oliver spent 13 minutes explaining the potential ramifications of destroying net neutrality, and he invited his audience to comment directly to the FCC, proving an online link during his show. The next day, the FCC received so many comments, its website crashed. FCC Chair Tom Wheeler embraced the concerns of these commenters and rejected attempts to end net neutrality.”

To generate the same kind of engagement with climate change policy, Brown’s law student research assistants will review and summarize pertinent climate change regulations enacted by previous administrations, monitor proposed legislation that impacts climate change, and draft short summaries describing rules proposed by the new administration.  Summaries of newly proposed rules will appear on the initiative’s homepage, along with links where individuals can directly access the federal government webpages to comment on proposed rules.  The initiative’s homepage will also include links to additional in-depth analyses of proposed rules. 

In addition to the initiative’s website, the grant will fund the development a social media campaign to harness the potential of college student engagement in public policy debates surrounding climate change rulemaking. “Although this engagement will begin on the Syracuse University campus,” says Brown, “the social media campaign will be designed to engage students throughout the United States.”

Brown’s project was one of five selected by the University during the latest round of CALS funding, which called for projects that address climate disruption and that offer opportunity for communication and outreach to the campus and wider community. Funding for CALS grants comes from the Syracuse University Climate Action Plan. As energy efficiency efforts have been implemented in recent years, so some of the savings have gone into this research fund. 

The initial round of funding, totaling $50,000, was awarded in January 2017. For the second round of funding, 15 applications were received, with requests for funding totaling nearly $200,000. The call for proposals encouraged multidisciplinary projects and projects from a broad range of disciplines, applicants, and collaborators across the University. The selection committee was drawn from an advisory group of faculty from all the schools and colleges.

Christopher Clark 3L Finished as Runner-up at Top Gun National Mock Trial Competition

Posted on Wednesday 6/7/2017

Christopher Clark 3L was the runner-up in the 2017 Top Gun National Mock Trial Competition. Clark won three rounds of head-to-head competition against students representing 15 other law schools from across the country. Nick Dellefave 3L assisted Clark during the competition. 

“Congratulations to Christopher for this amazing accomplishment,” said Kathleen O’Connor, Faculty Director of the Moot Court Honor Society and Advocacy. “Top Gun is a very difficult competition and to have advanced to the finals speaks well of his capabilities and skills as an advocate in the courtroom.”

Top Gun is an innovative, invitation-only mock trial tournament where the single best advocates from some of the top 16 trial advocacy schools go head-to-head for the honor of Top Gun. The winner earns a $10,000 prize.

Unlike other mock trial competitions, participants do not receive the case file until they arrive at Baylor Law School, a mere 24 hours before the first round of trials begin. Preparation includes reviewing depositions, records, and photographs, and taking a trip to the actual places where events in the case supposedly occurred. Shortly before each round, competitors are assigned a witness or witnesses who may be used at their discretion during the round. The jurors for each round are distinguished trial lawyers and judges.

College of Law Kicks Off 40th Anniversary Session of Law in London Program

Posted on Tuesday 6/6/2017

This summer, 23 law students will spend eight weeks in London, England gaining intensive work experience from leading practitioners through the College of Law’s Law in London Program. 

Celebrating its 40th year of providing students will invaluable international legal education, Law in London participants receive mentorship and guidance while building their legal skills in a truly international setting.  In addition to the work placements, students take part in international law seminars, fulfill a writing requirement and engage in a number of cultural activities. 

The twenty College of Law students, joined by students from Brooklyn, Iowa, and Villanova law schools, will also participate in a number of special programs and events scheduled to celebrate the 40th year of Law in London.

“The Law in London program’s longevity and success is tied directly to our placement organizations, many of whom have generously hosted students for many decades,” said Christian Day, Director of the Law in London Program. “This year, we have a broad spectrum of the London legal community represented, including a few new establishments, and College of Law alumni who are employed in London and are now mentors.”

Student placements this summer include:

AIG Limited (insurance and compliance)

AIRE Centre (human rights law)

Chambers of Roger Henderson, QC (civil barrister)

Coram Chambers (civil barrister)

Crown Prosecution Service (criminal law)

Europe Arab Bank (banking law)

Islington Council (municipal law)

MSCI (financial law)

Pirola Pennuto Zei & Associati (solicitors)

Powell Spencer & Partners (criminal law)

Selborne Chambers (civil barrister)

State Street Global Services (financial law)

US Bank Global Corporate Trust Services (financial law)

V&S Solicitors LP (solicitors)

Withers LLP (solicitors)

Woolwich Crown Court (judicial)

College of Law Kicks Off Summer Semester of D.C. Externship Program

Posted on Monday 6/5/2017

The College of Law’s D.C. Externship Program Summer Semester recently began for 23 students who will be participating in full-time externships in a wide variety of legal settings. Now in its fourth summer, the D.C. Externship Program combines focused coursework, guest lecturers from the legal profession along with the externship placements that enable students that give them experience and a professional network of contacts.

This summer, students are gaining work experience in:

Federal Government

o U.S. Securities and Exchange Commission

o U.S. Department of Commerce, Office of General Counsel, Employment and Labor Law

o U.S. Department of Commerce, National Telecommunications and Information Administration

o U.S. Department of the Interior, Office of Indian Gaming

o U.S. Patent and Trademark Office

o U.S. Consumer Product Safety Commission, Office of the Chair Ann Marie Buerkle (L ’94)

o Department of Homeland Security, U.S. Immigration and Customs Enforcement

o Federal Communications Commission

o U.S. Department of Justice, Civil Division

o U.S. Department of Justice, Executive Office for Immigration Review

o U.S. Department of Justice, U.S. Attorney’s Office for the District of Columbia

Federal Military 

o U.S. Coast Guard Investigative Service 

Foreign Government 

o Kurdistan Regional Government of Iraq 

Non-profit

o Multicultural Media, Telecom and Internet Council

o The LGBT Bar

Local Government 

o Office of Public Defender, Montgomery County, Maryland

Judicial 

o The Honorable J. Jeremiah Mahoney L’69, Chief Administrative Law Judge, U.S. Department of Housing & Urban Development

In-house Corporate 

o HBW Resources

Law Firms 

o Garfield Law Group, LLP

o Rolinski & Suarez, LLC

o Ron M. Landsman, P.A.

“The placements represent the cross-section of the American legal system within the unique legal environment of the nation’s Capital,” said Professor Terry L. Turnipseed, Faculty Director of the College of Law’s Externship Programs. “Students benefit from putting their classroom learning to practical use through daily interactions with mentors while beginning to build that network of professional contacts that will become indispensable after graduation.

The D.C. Externship’s Distinguished Guest Lecture Series will feature the following speakers during the summer semester:

May 30, 2017

Christopher Jennison (L ’16), Honors Attorney at Office of Aviation Enforcement & Proceedings, U.S Department of Transportation

June 19, 2017

James Voyles (L ’14), Policy Counsel and Director of Communications, HBW Resources

July 12, 2017

Dean Craig Boise

July 28, 2017

David Falk, Founder and CEO, FAME

Professor Ghosh Presents at Law & Business Symposium at National Chengchi Univ. and the International Trademark Assn. Meeting

Posted on Thursday 6/1/2017

Shubha Ghosh, Crandall Melvin Professor of Law and Director of the Technology Commercialization Law Program, recently presented the keynote address at the Law & Business of Entrepreneurship and Innovation Symposium at National Chengchi University in Taipei, Taiwan.

He presented, “Business Lawyering in a World of Spillovers: The Case of Intellectual Property Licensing” to an international group of business, law and economics professionals. Click here to view the presentation.

Ghosh also presented twice at the annual meeting of the International Trademark Association: “First Amendment and the Death of Trademark” and “Shaping Up – Understanding the Protection of Shapes in the International Trademark and Designs Systems” with Cesar Ramirez-Montes, School of Law, Leeds University.

BBI Chairman Peter Blanck to Speak on Diversity and Inclusion at Global Law Firm Reed Smith

Posted on Tuesday 5/30/2017

BBI Chairman and University Professor Peter Blanck will speak at Reed Smith, a global law firm, at their June 1, 2017, Diversity Summit. The Summit explores how diversity and inclusion enriches organizations, along with practical strategies for improving and sustaining diversity and inclusion in the workplace.

Dr. Blanck will discuss the recent American Bar Association nationwide study, to be conducted by the Burton Blatt Institute at Syracuse University, to identify the biases encountered by LGBT and/or disabled lawyers in the legal profession and to help develop and implement strategies to ameliorate such biases.  Preliminary results are expected to be released in September from the national online surveys, interviews, and focus groups. Click here for more information on the American Bar Association Study.

About BBI

The Burton Blatt Institute (BBI) at Syracuse University reaches around the globe in efforts to advance the civic, economic, and social participation of people with disabilities.  For more information about BBI, visit: bbi.syr.edu.

 

Syracuse Selected to Participate in the Top Gun National Mock Trial Competition; Christopher Clark 3L Named as Representative

Posted on Tuesday 5/30/2017

Syracuse University College of Law is one of 16 law schools from around the country who have been selected to participate in the Top Gun National Mock Trial Competition at Baylor Law June 1-4.

Christopher Clark 3L has been designated as the College of Law’s representative at the competition. Clark was named Top Advocate in Region II during the National Trial Competition preliminary round. He will be assisted in the competition by Nick Dellefave 3L.

Top Gun is an innovative, invitation-only mock trial tournament where the single best advocates from some of the top 16 trial advocacy schools go head-to-head for the honor of Top Gun. The winner earns a $10,000 prize.

Unlike other mock trial competitions, participants do not receive the case file until they arrive in Waco, a mere 24 hours before the first round of trials begin. Preparation includes reviewing depositions, records, and photographs, and taking a trip to the actual places where events in the case supposedly occurred. Shortly before each round, competitors are assigned a witness or witnesses who may be used at their discretion during the round. The jurors for each round are distinguished trial lawyers and judges.

Burton Blatt Institute Commissioned by American Bar Association for study of disabled, LGBT lawyers

Posted on Wednesday 5/24/2017

The American Bar Association has launched a first-of-its-kind nationwide study, to be conducted by the Burton Blatt Institute at Syracuse University, to identify the biases encountered by LGBT and/or disabled lawyers in the legal profession and to help develop and implement strategies to ameliorate such biases.  Preliminary results are expected to be released in September from the national online surveys, interviews, and focus groups.

Diversity and inclusion programs typically focus on gender and race. Too often, the LGBT communities and/or those who have disabilities are not included in efforts to expand career and professional diversity, especially in the legal profession.

“This study is integral to the ABA’s continuing efforts to promote the full and equal participation of all diverse persons, including LGBT lawyers and lawyers with disabilities, in the association and the legal profession as a whole,” said ABA President Linda Klein.

The project, part of the ABA Pathway to the Profession Project, which grew out of the ABA Diversity and Inclusion 360 Commission, will develop benchmarks and strategies for inclusiveness, according to Peter Blanck, professor of Law and chairman of the Burton Blatt Institute, and lead investigator, enabling “the ABA to make a positive impact on the U.S. legal profession and on the lives and careers of LGBT lawyers and/or lawyers with disabilities.” 

“BBI is an interdisciplinary institute closely aligned with the Syracuse University College of Law. It is an ideal choice to conduct this groundbreaking research,” said College of Law Dean Craig Boise.  “The project will build on BBI’s ongoing and extensive research and programs on diversity and inclusion, and engage our law students to help conduct the research.”

Approximately 60 million Americans have disabilities that impact major life activities. Disabilities may be visible such as blindness or paraplegia or invisible such as dyslexia and depression.  Accurate estimates of LGBT Americans have proven elusive, ranging from 9 to 12 million Americans.

The number of openly LGBT+ lawyers has more than doubled over the last 10 years, according to statistics from the National Association for Law Placement (NALP).  Nonetheless, when compared with other legal professional demographic groups, LGBT legal professionals are more likely to be employed by public interest organizations rather than by law firms. 

For law professionals with disabilities, NALP reports that less than 2 percent of graduates self-identify as having a disability.  Those that do report their disability were less likely to be employed compared to men, women, minorities or graduates identifying as LGBT+.

About the American Bar Association

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews. 

About BBI

The Burton Blatt Institute (BBI) at Syracuse University reaches around the globe in efforts to advance the civic, economic, and social participation of people with disabilities.  For more information about BBI, visit bbi.syr.edu.

Link: Go to the website for News Source

http://www.americanbar.org/news/abanews/aba-news-archives/2017/05/aba_launches_nationw.html

Professor Cora True-Frost Presents at William & Mary Law School’s International Law Workshop

Posted on Monday 5/22/2017

Assistant Professor of Law Cora True-Frost was invited to participate in William & Mary Law School’s International Law Workshop, a gathering of international law professors from Harvard, University of Virginia, Duke, University of North Carolina-Chapel Hill, Queen’s College, Willamette, and William & Mary. 

Professor True-Frost presented, “When the UN Addresses the ‘Conditions Conducive to Terrorism,’ What Happens to Human Rights?” as part of the two-day workshop with these other noted international law scholars.  The topics discussed included international human rights law, international finance, international criminal law, public international law, and international trade.  

Professor True-Frost examined how the United Nations’ (UN) embrace of countering violent extremism (CVE) affects international human rights law: embracing CVE will both open and foreclose opportunities to advance international human rights law at the national and international levels. The UN Charter obliges the UN to uphold and promote human rights, including freedom of expression and association. This obligation is unchanged when the international organization weighs those rights against international and domestic terrorism. By embracing CVE programs, the UN has both limited and expanded its capacity to promote and develop human rights norms. On the one hand, the UN may have curtailed its ability to leverage social stigma against states that violate human rights norms through their CVE programs. She developed an additional concern: the Secretary-General’s call for National CVE Action Plans may generate a drive towards uniformity among States, creating a race to the bottom in human rights standards, as well as redirecting important state resources from social services to security. On the other hand, the article also analyzes some limited ways that the UN’s position on CVE programs may promote human rights-respecting outcomes. This is because the UN’s agenda will now offer multiple opportunities for transnational advocacy networks, and other stakeholders to contest CVE programs not only nationally, but also at the international level and through programs within the UN. 

Carla Villarreal Lopez L’17 Selected to Receive the Robert B. Menschel Public Service Fellowship Award

Posted on Friday 5/19/2017

Carla Villarreal Lopez L’17, a 2017 LL.M. graduate and disability rights Open Society Fellow, is one of two Syracuse University graduate students selected to receive the University’s Robert B. Menschel Public Service Fellowship Award.

The Fellowship Award was established to recognize Syracuse University graduate students who have chosen post-graduate employment in the public sector in any of the following areas: non-profit organizations; city, state or federal government; or Non-Government Organizations (NGOs.)

Lopez will work this summer as a Legal Fellow in the Washington, D.C. office of Women Enabled International, an organization that “advocates and educates for the human rights of all women and girls, with an emphasis on women and girls with disabilities, and works tirelessly to include women and girls with disabilities in international resolutions, policies and programs addressing women's human rights and development.” She is a lawyer in her home country of Peru, where she has served as Commissioner of the Women's Rights Department of the Ombudsman's Office of Peru.

Common J.D. Fears (That You Don't Have to Worry About Here)

Posted on Wednesday 5/17/2017

Are you worried about...

...focusing on your grades and your job search?

At Syracuse Law, we understand that it takes some time to transition to law school. While 1Ls are invited—and encouraged—to attendcareer services programming, you aren’t expected to come and meet one-on-one with a counselor until October, giving you time to settle in and breathe a bit. Our resume workshops and other programs will ensure that you are prepared (but not stressed) by the added work of a job search.

 ...not being able to keep up with the coursework?

First off, give yourself some credit! Due to the fact that you've at least considered law school, it's safe to assume that you're a hard-working, diligent student with goals. You probably won't let yourself fall behind, but if it's really a concern of yours, know this: you'll have support here. Our faculty is extremely approachable and dedicated to student success. You'll find that your peers here are always up for collaboration, study groups, and keeping each other on track. On top of all this, a quick look at the academic support section on our website should calm your fear in seconds. As you'll see, you'd be automatically assigned to a tutor during your first few weeks here, and you can take academic skills development sessions that focus on note-taking, outlining, stress management, and more.

 ...the exams?

Yes, midterms and finals are still a thing when you go to graduate school. But think about it this way: you'll now be taking tests on subject matters you're really interested in. And once again, you won't be going at this alone! Syracuse Law offers an incredible professonal development program called Orange SLICE, which holds classes for 1Ls, 2Ls, and 3Ls on topics like "strategies for midterm success" and "how to use your midterm results to prepare for your finals." Take advantage of these classes, and worrying about exams will become a thing of the past. Plus, you'll meet other students just like you who really want to do well. 

 ...not knowing if you should pursue a joint degree?

Nothing to worry about here either. While you can apply for joint degree candidacy before starting, most Syracuse Law students apply during their first year of law study. So if you're thinking about it after you start your classes, our career counselors can help you determine if getting an M.S. in, say, Forensic Science or International Relations would better prepare you for your intended career path. And if you decide that's the route you'd like to take, you can go ahead and apply. We have lots of options

Feel better? Good! Still want some information on getting ready for law school? Check out our complimentary ebook, which is full of tips and advice on how to develop your professional image beforehand.

Download Preparing for Law School

College of Law Celebrates 2017 Commencement

Posted on Monday 5/15/2017

On Friday, May 12, Syracuse Law celebrated its 2017 commencement. During the ceremony, the College conferred 148 Juris Doctor and 27 Master of Laws (LL.M.) in American Law degrees.

Judge James E. Graves Jr. L’80, G’81, United States Circuit Judge for the United States Court of Appeals for the Fifth District, served as the commencement speaker. Judge Graves imparted to the graduates to “never let your view block your vision.”

Board of Advisors Distinguished Professor William Banks was selected by the 2017 class as the recipient of the annual Res Ipsa Loquitur Award, recognizing the faculty member who has made an impact on the class. Legal Writing Professor Shannon Ryan was selected by the LL.M. class as the recipient of the Lucet Lex Mundum Award, recognizing a faculty member who made a significant impact on the LL.M. class. Class president Dalya Bordman and LL.M. Student Bar Association senator Maria D. Robledo delivered addresses. 

Live Stream Today's College of Law Commencement Ceremony

Posted on Friday 5/12/2017

The College of Law will hold its Commencement ceremony Friday, May 12 at 1 P.M. in the Carrier Dome. Judge James E. Graves Jr. L’80, G ’81, United States Circuit Judge for the U.S. Court of Appeals for the Fifth Circuit, will be the commencement speaker. Click here to live stream the event and here for more information about the event.

College of Law Students and Faculty Deliver “Issues in Local Zoning” Continuing Education Workshop to Zoning Officials from Onondaga County

Posted on Friday 5/12/2017
Emily Keable, Kimberly Grinberg, Professor Malloy, Shannon Crane Fiedler, Portia Kayanthos Skenadore-Wheelock

Students in the College of Law’s Center on Property, Citizenship and Social Entrepreneurism program, under the guidance of Professor Robin Paul Malloy, E. I. White Chair and Distinguished Professor of Law, recently conducted a continuing education workshop on “Issues in Local Zoning” for 36 zoning officials from throughout Onondaga County.

Shannon Crane Fiedler 3L, Kimberly Grinberg 2L, Emily Keable 2L, and Portia Kayanthos Skenadore-Wheelock 2L presented on a number of zoning topics, including: medical marijuana dispensaries, nonconforming use, sidewalk regulations under the Americans with Disabilities Act (ADA), regulating “tiny houses” and dealing with issues of affordable housing, accessory uses, and an update on ADA requirements and zoning. 

“The annual zoning program provides an excellent opportunity for our law students that are interested in these zoning and land use issues to conduct research, develop a presentation and ultimately deliver the presentation to zoning officials that will use this information in their jobs,” said Professor Malloy. “We addressed some very novel, emerging concepts in this year’s program, such as medical marijuana dispensaries and tiny houses, which are becoming more common and require zoning professionals to quickly be current on laws and regulations.”

The four-hour program qualified for the annual continuing education requirement for New York State zoning officials and was sponsored by the College of Law’s Center on Property, Citizenship and Social Entrepreneurism and the Town of DeWitt. 

Community Development Law Clinic Accepted into Trademark Practice Area of U.S. Patent and Trademark Office’s Law School Clinic Certification Program

Posted on Thursday 5/11/2017
Community Development Law Clinic Directors Deborah Kenn and Jessica Murray meet with clinic students

The College of Law’s Community Development Law Clinic (CDLC) has been accepted into the trademark practice area of the U.S. Patent and Trademark Office’s (USPTO) Law School Clinic Certification Program, effective August 1, 2017.

This certification allows student attorneys in the CDLC to practice trademark law before the USPTO under the supervision of College of Law clinical faculty. 

“The certification allows students to draft and file trademark applications with the USPTO on behalf of our non-profit and small business clients so these organizations can protect their trademarks and service marks,” said Jessica Murray, Co-Director, Community Development Law Clinic. “Our students will gain valuable experience drafting applications, completing the filing process, responding to Office Actions, and interacting directly with USPTO attorneys. These are skills that are highly transferable to any area of the law they pursue after graduation.”

Professor William C. Banks Speaks to National Media After the Firing of FBI Director James Comey

Posted on Thursday 5/11/2017

In the wake of the firing of FBI Director James Comey on May 9, 2017—at a time when this agency and others are probing the influence of Russian intelligence in the 2016 presidential election— Board of Advisors Distinguished Professor and Institute for National Security and Counterterrorism Director William C. Banks’ knowledge of constitutional and national security law was in high demand by the media …

Why a thorough investigation of Russian election meddling is still possible (Christian Science Monitor | May 10, 2017)

… In the current charged political environment, a national commission might be the only path to a new approach acceptable to both parties.

“Trump couldn’t stand in the way of that” if Congress moves in that direction, says William Banks of Syracuse University.

The problem here is that congressional investigations already exist. The probe overseen by the House Select Committee on Intelligence is currently a tangled mess, given the move by chairman Rep. Devin Nunes (R) of California to secretly visit the White House to view documents he said might help prove Trump’s accusation that he was wiretapped by President Obama during the campaign …

President Trump and Russia: How would a special prosecutor get appointed? (USA Today | May 10, 2017)

… During his confirmation hearings for the No. 2 post at the Department of Justice, Rosenstein refused to commit to Democrats’ calls for a special prosecutor to oversee the inquiry.

Syracuse University law professor William Banks said it’s unrealistic to expect action from Rosenstein. “Even if the deputy wanted to do this, he would be shot down by the White House, I imagine,” Banks said …

James Comey’s Firing Has People Calling for an Independent Prosecutor. What’s That? (Time | May 10, 2017)

… A commission, a committee, and a special prosecutor would all be charged with investigating Russia’s meddling in the 2016 election, or specifically, possible collusion between Trump campaign associates and Russia. But only a special prosecutor has the power to actually take legal action; a committee or a commission would only gather the facts and present the findings to the Department of Justice.

“No one’s going to jail as a result of what the commission does but they could with a prosecutor,” explained William C. Banks, a law professor and Director of the Institute for National Security and Counterterrorism at Syracuse University. “Congress has the power to investigate but power to prosecute is in the Executive Branch” …

Here's how a special prosecutor investigating Trump and Russia would get appointed (Business Insider - May 9, 2017)

In the article, Banks clarifies the difference between a special prosecutor and special counsel.

Live Stream the College of Law’s Commencement Ceremony

Posted on Thursday 5/11/2017

The College of Law will hold its Commencement ceremony Friday, May 12 at 1 P.M. in the Carrier Dome. Judge James E. Graves Jr. L’80, G ’81, United States Circuit Judge for the U.S. Court of Appeals for the Fifth Circuit, will be the commencement speaker. Click here to live stream the event and here for more information about the event.

Professor David M. Crane L'80 Receives Honorary Degree From Ohio University

Posted on Tuesday 5/9/2017

Ohio University alum and College of Law Professor of Practice David Crane, who earned a bachelor’s degree in History in 1972 and a master’s in African Studies in 1973, was presented an Honorary Doctorate of Letters Degree at Ohio University's Graduate Commencement on April 28.

He earned a J.D. from Syracuse University College of Law in 1980 and is now a professor of practice teaching international criminal law, international humanitarian law, and national security law 

“My life and all it is and has stood for began here at Ohio University,” Crane said. “I learned the joy of learning; of standing up for what is right; to be a critical thinker; to become a leader and manager; and I learned the importance of lifelong friendships and, most importantly, the true meaning of love. A love that has lasted almost 45 years.”

Crane has held many positions during his 30-year career with the U.S. federal government. Some of them include: judge advocate for the U.S. Army, assistant general counsel of the Defense Intelligence Agency and founding director of the Office of the Intelligence Review in the Department of Defense. He also has served as the Waldemar A. Solf Professor of International Law and chairman of the International Law Department in the U.S. Army Judge Advocate General’s School.

Among his duties were prosecuting cases, educating attorneys on international humanitarian law and overseeing investigations into acts of terrorism and international aggression.

After retiring, he was appointed by United Nations Secretary-General Kofi Annan as the founding chief prosecutor of the Special Court for Sierra Leone. He was responsible for evaluating and prosecuting individuals who committed crimes against humanity and violations of international human rights that occurred during the Sierra Leone civil war, 1991-2002.

He is the founder and vice president of the “I am Syria” campaign, which educates the world on the Syrian Conflict. He also founded “Impunity Watch,” a law review journal and news reporting site that caters to government officials, non-governmental organizations and international lawyers.

Lauren Henry, Class of 2017, Receives New York State Bar Association 2017 President’s Pro Bono Service Award

Posted on Monday 5/8/2017
NYSBA President Elect Sharon Stern Gerstman, NYSBA President Claire Gutekunst and Lauren Henry.

Third-year student Lauren Henry received the New York State Bar Association 2017 President’s Pro Bono Service Award in the law student category. Henry beat out nominees from across the state for this recognition and was the only student in NYS to receive the award at a special ceremony held in Albany on May 2, 2017. 

Henry has interned at Legal Assistance of Western New York over recent summers, working on veterans and health law matters. As a student, she was a student attorney in the Elder Law Clinic, a member of the Cold Case Justice Initiative and the spring events coordinator for the Syracuse Public Interest Network, among other activities.

Each year the New York State Bar Association proudly bestows the President’s Pro Bono Service Awards. These awards recognize outstanding pro bono contributions made by individual attorneys, law students, law firms, corporate counsel and/or government offices. One award is presented to an outstanding law student pro bono volunteer.

Sarah A. Ballard 3L Receives Onondaga County Bar Association Award

Posted on Friday 5/5/2017
Dean Craig Boise, Sarah A. Ballard 3L, Criminal Defense Clinic Director Todd Berger

Sarah A. Ballard 3L is the recipient of the annual Onondaga County Bar Association Award. 

This award is given “to the graduate who has made a significant contribution toward the relationship between the College of Law and the community through service in clinical programs. Ballard participated in the College’s Criminal Defense Clinic.

She was presented with the award at the Onondaga County Bar Association’s annual Law Day event.

D.C. Externship Program Closes the Semester with a Look Inside the Public Defender Service for the District of Columbia

Posted on Friday 5/5/2017

The Spring 2017 D.C. Externship Program had the opportunity to close their semester with a seminar at the Public Defender Service for the District of Columbia (PDS) hosted by the director, Avis E. Buchanan.

For the last ten years, Buchanan has been the director of PDS, which provides defense, and related legal and non-legal services, to indigent adults and children charged with crimes and delinquent acts in the local D.C. courts. PDS is widely regarded as one of the best public defender offices in the country, local or federal; Avis is the longest-serving director in PDS history.

As director of PDS, Buchanan oversees an extensive range of cutting-edge legal and non-legal services aimed at providing the best possible representation to criminal defendants. PDS has a staff of 220, roughly half of whom are lawyers. PDS has seven legal units and, uncommonly, pulls from those to create practice groups that focus, for example, on forensics and mental health, two chief aspects of trial and sentence-mitigation work. Specialists not only assist in individual cases but push for reforms of local and federal policies and legislation. They also run training programs for lawyers, social workers, investigators, and others working on the front lines of D.C. justice.

The participants had the opportunity to learn why PDS is the best public defender service in the country and what they are doing to maintain that title. Buchanan kept the participants engaged by explaining her personal journey to becoming the director of PDS as well as speaking about what it is like to be an attorney for PDS Buchanan also took questions regarding how their public defender service differs from many of those around the country and why their procedures are so successful. Finally, Buchanan discussed the possible changes that could arise for PDS because of the new administration. 

College of Law and University Community Celebrate Professor Aviva Abramovsky

Posted on Thursday 5/4/2017

Colleagues, students, alumni and friends from the College of Law and Syracuse University recently gathered to celebrate Professor Aviva Abramovsky on being appointed Dean of the University at Buffalo Law School.

Christopher Clark 2L Receives Inaugural Emil M. Rossi L’72 Scholarship for Trial Advocacy Participants

Posted on Wednesday 5/3/2017
Christopher Clark 2L with Kathleen O'Connor, Faculty Director, Moot Court Honor Society

Christopher Clark, 2L, has been named the inaugural recipient of the Emil M. Rossi L’72 Scholarship. Each year, the Fund will support a scholarship awarded to a rising third year student who participated in an intercollegiate trial competition in their second year and demonstrated excellence in trial advocacy. 

Among other accomplishments, Chris participated in the National Trial Competition and Tournament of Champions this past year.

The Emil M. Rossi L’72 Scholarship was established by Professor Emeritus Travis Lewin and College of Law alumni. 

D.C. Externship Program Student Lishayne King Completes Semester with Department of Commerce

Posted on Tuesday 5/2/2017
College of Law’s Lishayne King, to Secretary Ross' immediate left, with other Department of Commerce Interns

Wilbur Ross, the newly appointed Secretary for the Department of Commerce, recently held a meet and greet with the Department of Commerce interns from the Spring 2017 semester, including D.C. Externship Program participant Lishayne King 2L.

He discussed the important role of the Department of Commerce in making information available to the public, as the Department of Commerce oversees bureaus including NWS (National Weather Service), and NOAA (National Oceanic and Atmospheric Administration), among many others. Secretary Ross also briefly discussed how his prior banking and investing experiences helped to prepare him for his current role. 

Secretary Ross encouraged interns to become involved in public service at some point in their careers, as he has found working at the Department of Commerce to be a rewarding and fulfilling experience. Following his remarks, Secretary Ross answered a few questions from the interns. 

Professors William Banks and David Driesen on President Trump’s first 100 days in office

Posted on Monday 5/1/2017

Professors William Banks and David Driesen have co-authored an op/ed on President Trump’s first 100 days in office.

The article, "100 Days, Trump, And Precaution," discusses "the precautionary principle" and how it may prove useful in managing the potential threats that an erratic and unpredictable Trump Administration may pose to national security in the next 100 days and beyond. 

Professor Robert Ashford to Present on Inclusive Capitalism at Oxford and Cambridge Universities and London School of Economics

Posted on Monday 5/1/2017

Professor of Law Robert H.A. Ashford will be making a series of presentations on inclusive capitalism at Oxford University, the London School of Economics and Cambridge University.

Professor Ashford will be speaking at:

 "Inclusive Capitalism: The UK's Ownership-Broadening Road to Prosperity in the Post-Brexit Era," Oxford University St. Anne's College, May 3

“Beyond Austerity and Stimulus: Making Employment and Growth More Sustainable by Widening Capital Ownership with the Earnings of Capital,” London School of Economics, May 4

“Beyond Austerity and Stimulus: broadening Capital Acquisition with the Earnings of Capital as a Means to Sustainable Fuller Employment and Growth,” Cambridge University St. Catherine's College, May 10

In response to widely‐expressed pessimism regarding the UK’s economic prospects in the Post‐Brexit era, Professor Robert Ashford points to a much greater obstacle to widely‐shared prosperity and the amelioration of poverty: the alarming three‐decade long declining labor share of total income experienced not only in the UK but throughout Europe.

To address labor’s declining income share, Ashford advances a more inclusive approach to capitalism: broadening competitive market opportunities to acquire capital with the earnings of capital. According to Professor Ashford, the prospect of such ownership broadening will unleash much presently suppressed productive capacity in the UK because the prospect of more broadly distributed capital earnings in future years provides great untapped incentives to profitably employ more labor and capital in earlier years.

Professor Ashford will explain how the same market mechanisms that presently assist mostly wealthier people to acquire capital with the earnings of capital (even as they sleep) can also be opened to assist poorer people to acquire capital with the earnings of capital without redistribution.

Syrian Accountability Project Releases Report on 2016 Siege of Aleppo

Posted on Friday 4/28/2017

Siege, the blockade and subjugation of a city, is an ancient and enduring strategy of war, responsible for some of the cruelest events in modern conflict: the battles of Sevastopol during the Crimean War, of Leningrad during World War II, and of Sarajevo during the Bosnian War.

Add to these notorious examples the 2016 Siege of Aleppo, an attritional campaign of the Syrian Civil War that lasted 160 days, from July to December, pitting the victorious Syrian Arab Republic against a rebel coalition mixed into a civilian population of some two million. Taken together, the Battle of Aleppo, which began in 2012, and the subsequent siege killed an estimated 31,000 people, with 75% of those believed to be civilians. One of the world’s oldest cities and a cultural capital, Aleppo was reduced to rubble.

On Thursday, April 27, 2017, the Syrian Accountability Project—a student-run organization based in the SU College of Law and led by Professor David M. Crane, a former war crimes prosecutor—published its latest white paper detailing this sad chapter of the civil war: Covered in Dust, Veiled by Shadow: The Siege and Destruction of Aleppo.

A close examination of the multiple war crimes and crimes against humanity that occurred during the 2016 blockade, the Covered in Dust release event took place in the Joyce Hergenhan Auditorium, Newhouse 3, Syracuse University. Discussants at the event were Ken Harper, Associate Professor, S.I. Newhouse School of Public Communications; Cora True-Frost, Associate Professor of Law, SU Law; and Professor Corri Zoli, Director of Research, Institute for National Security and Counterterrorism.

Authored by law students Kaitlyn Degnan, Zachary Lucas, and Sean Mills, Covered in Dust uses open sources, media accounts, and contacts in the field to describe events and to document crimes that occurred during the siege in violation of the Geneva Conventions of 1949 and their Additional Protocols, the Rome Statute of the International Criminal Court, and the Syrian Penal Code.

Although siege itself is not banned under customary international law, this strategy often employs tactics that are considered crimes. In terms of targeting citizens and the aid workers trying to help them, the Siege of Aleppo was especially egregious. Covered in Dust documents six distinct categories of incidents that are representative violations: the use of siege to starve a civilian population; indiscriminate shelling of civilians and specifically the dropping of “barrel bombs”; the use of chemical weapons (there were reportedly at least eight chlorine gas attacks during the blockade); attacks on humanitarian and medical operations, including on aid convoys and hospitals; and extrajudicial killings, especially during the final days of the battle.

The information in this white paper is drawn from SAP’s extensive legal analysis, now in its sixth year. The project’s comprehensive Conflict Narrative and Crime-Based Matrix are detailed accounts of war crimes and crimes against humanity during the civil war. The narrative is a daily accounting of recorded and pertinent crimes taken from open sources, while the matrix highlights specific incidents from the narrative, noting the date, location, description, and responsible party. The matrix also provides the relevant source of potential legal liability under the Rome Statute, the Geneva Conventions, and/or the Syrian Penal code.

The purpose of this white paper and SAP’s wider work is to aid the eventual administration of transitional justice for the people of Syria after the war. To this end, Covered in Dust will be sent to the newly created United Nations Syrian Accountability Center, which was formed with the help of Professor Crane in December 2016. The report also will be sent to these clients of SAP: the UN Undersecretary General for Legal Affairs; UN High Commissioner for Human Rights; Chief Prosecutor International Criminal Court; Chairman of the House Foreign Affairs Committee; US Ambassador at Large for War Crimes; and various UN ambassadors.

Covered in Dust joins two previous SAP white papers that also draw from the project’s Conflict Narrative and Crime-Based Matrix. Looking Through the Window Darkly: A Snapshot Analysis of Rape in Syria (released March 2016) carefully documents 142 cases of the use of rape and sexual violence as a weapon of war by all sides of the Syrian conflict. Idlib Left Breathless: The Chemical Attack in Kahn Sheikhoun, released in April 2017, documents the sarin gas attack on a rebel-held town that reportedly killed at least 87 people, including 28 children.

Syracuse Law Review and Professor Shubha Ghosh Host Symposium on “Forgotten IP Cases”

Posted on Thursday 4/27/2017

The Syracuse Law Review, along with Shubha Ghosh, Crandall Melvin Professor of Law and Director of the Technology Commercialization Law Program, hosted “Forgotten IP Cases”, a Syracuse Law Review symposium on April 22 in Washington, D.C.

“The symposium featured seven prominent intellectual property professors presenting on forgotten, yet relevant cases,” said Ghosh. “Cases to be discussed include a split Supreme Court decision about Jack Benny’s parody of the movie Gaslight; a late nineteenth-century case involving antitrust actions brought against a large corporation with patents on harrows; the US government’s failure to recognize patents for inventions by slaves; a copyright infringement case involving maps of NYC and Philly and another one involving the now cliché of a villain tying a helpless person to railroad tracks; and several more that take us back to consider paths not taken by judges and Congress. ”

This coming year, Syracuse Law Review will publish a book focusing on intellectual property law.

Presenters included:

Bruce Boyden, Associate Professor of Law, Marquette Law School, on Palmer v. Daly

Robert Brauneis, Professor of Law and Co-director of the Intellectual Property Law Program, George Washington Law School, on CBS v. Loew’s

Sam Ernst, Associate Professor, Chapman Law School, on Boyden v. Westinghouse

Brian Frye, Associate Professor of Law, University of Kentucky Law School, on In re Invention of a Slave

Jessica Kiser, Assistant Professor of Law, Gonzaga Law School, on Wallpaper Manufacturers v. Crown

Amelia Rinehart, Associate Dean Faculty Research and Development, Professor, University of Utah Law School, on Bement v. Harrow

Zvi Rosen, U.S. Copyright Office, on Perris v. Hexamer

Professor Arlene Kanter Receives Champion of Independence Award from ARISE

Posted on Wednesday 4/26/2017

Professor of Law Arlene Kanter was honored by ARISE as a Champion of Independence at their recent annual dinner. The Champion of Independence award was created by ARISE in 2014 “to highlight and honor a person or an organization that had demonstrated an extraordinary commitment to access, independence and full inclusion of people with disabilities. Recipients have changed lives and impacted the world through their vision, dedication, and unwavering commitment.”

“Inclusion and respect for the dignity of people with disabilities are at the core of my teaching and scholarship,” said Kanter. “I am honored to be recognized by ARISE with this award, but am reminded that we, as a society, have much to do to fully achieve an inclusive world that values disability as part of our diversity.” 

Professor Kanter is the founder and director of the Disability Law and Policy Program, which houses the world’s first joint degree program in law and disability studies and a masters in law program for international students in human rights and disability law. She is also a Laura J. and L. Douglas Meredith Professor of Teaching Excellence and the 2012-2014 Bond Shoeneck & King Distinguished Professor of Law. 

Her scholarly work includes numerous books, articles and book chapters on the rights of people with disabilities in the U.S. and other countries. Her book, “The Development of Disability Rights Under International Law: From Charity to Human Rights” (Routledge 2015) is based on her work with the United Nations on drafting the Convention on the Rights of People with Disabilities.  In 2017-18, she will be a visiting scholar at Harvard University Law School in the fall semester and at Hebrew University Faculty of Law in the spring semester. 

About ARISE

Since 1979, ARISE has provided opportunities so that people with disabilities can live freely and independently in the community. Everything ARISE does is based on the independent living philosophy, the belief that people with disabilities have a right to self-determination – the freedom to make choices and work toward achieving personal goals and systems change.

As a designated non-residential Independent Living Center, ARISE is organized and directed by people with disabilities. Many of our services are available to people of all ages who have all types of disabilities. Each year, ARISE serves more than 7,000 people from our offices located in five Central New York counties: Onondaga, Oswego, Madison, Cayuga, and Seneca. All our programs are consumer directed, maximizing choice and opportunities for the people we serve.

Professors Berger, Chhablani and True-Frost Receive Teaching Honors from Syracuse University

Posted on Tuesday 4/25/2017
Provost Michele G. Wheatly, Professor Sanjay Chhablani, Chancellor Kent Syverud

Three College of Law professors recently received significant teaching honors from Syracuse University for their teaching excellence. 

Professor of Law Sanjay Chhablani was awarded the Laura J. and L. Douglas Meredith Professor of Teaching Excellence. The Laura J. and L. Douglas Meredith Professor for Teaching Excellence is a high honor from the University that recognizes and rewards outstanding faculty and emphasizes the importance the University places on teaching.

Associate Professor of Law and Director of the Criminal Defense Clinic Todd Berger and Associate Professor of Law Cora True-Frost received the Teaching Recognition Award sponsored by the Meredith Professors. The Teaching Recognition Award Sponsored by the Meredith Professors is an award program for non-tenured faculty that recognizes excellence and encourages a culture of collegial mentoring among faculty members.

“Sanjay, Todd, and Cora are very deserving educators who are passionate about teaching and dedicated to the student experience. This is a significant achievement and reflects positively on their years of contributions to the College of Law and the University,” said College of Law Dean Craig Boise.