Faculty Publications

Discover faculty research at papers.ssrn.com.

Hon. James E. Baker

Professor of  Law

Director, Institute for Security Policy and Law Professor of Public Administration, Maxwell School of Citizenship and Public Affairs (by courtesy appointment)

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

From Shortages to Stockpiles: How the Defense Production Act Can Be Used to Save Lives, Make America the Global Arsenal of Public Health, and Address the Security Challenges Ahead, 11 J. NAT’L DEC. L. & POL’Y 157 (2020).

Leadership in a Time of Pandemic: Act Well the Given Part, 11 J. NAT’L DEC. L. & POL’Y 1 (2020).

REPORTS, NEWS, AND COMMENTARY

Ethics and Artificial Intelligence: A Policymaker’s Introduction, CSET POLICY BRIEF (Ctr. for Sec. & Emerging Tech, Walsh Sch. of Foreign Serv., Georgetown Univ.),  Apr. 2021.

A DPA for the 21st Century: Securing America’s AI National Security Innovation Base, CSET POLICY BRIEF (Ctr. for Sec. & Emerging Tech, Walsh Sch. of Foreign Serv., Georgetown Univ.), Apr. 2021. 

Good Governance Paper No. 21: Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact, JUST SECURITY, Nov. 2, 2020.


Kristen Barnes

Associate Dean for Faculty Research

Professor of Law

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Reframing Housing: Incorporating Public Law Principles into Private Law, 31 DUKE J. COMP. & INT’L L. 91 (2020).

The Pieces of Housing Integration, 70 CASE W. RES. L. R. 717 (2020).


Todd A. Berger

Professor of Law

Director, Advocacy Programs

Director, Philly Ex

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Male Legal Educators Cannot Teach Women How to Practice “Gender Judo”: The Need to Critically Re-Assess Current Pedagogicwal Approaches for Teaching Trial Advocacy, 45 J. LEGAL PROFESSION 1 (2020).


Peter D. Blanck

University Professor 

Chairman, Burton Blatt Institute

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Thirty Years of the Americans with Disabilities Act: Law Students and Lawyers as Plaintiffs and Advocates , 45 NEW YORK UNIVERSITY REVIEW OF LAW & SOCIAL CHANGE/THE HARBINGER 8 (2021).

Disability Inclusive Employment and the Accommodation Principle: Emerging Issues in Research, Policy, and Law, 30 J. OCCUPATIONAL REHABILITATION 505 (2020). 

Gig Workers with Disabilities: Opportunities, Challenges, and Regulatory Response (with Paul Harpur), 30 J. OCCUPATIONAL REHABILITATION 511, (2020). 

Diversity and Inclusion in the American Legal Profession: Workplace Accommodations for Lawyers with Disabilities and Lawyers Who Identify as LGBTQ+ (with Fitore 

Hysein & Fatma Altunkol Wise), 30 J. OCCUPATIONAL REHABILITATION 537 (2020). 

Before the Accommodation Principle: Disability and Employment Among Union Army Veterans (with Larry Logue), 30 J. OCCUPATIONAL REHABILITATION 565 (2020). 

California’s Response to the Status of Gig Workers with Disabilities: An Update (with Paul Harpur), 30 J. OCCUPATIONAL REHABILITATION 689 (2020). 

Diversity and Inclusion in the American Legal Profession: First Phase Findings from a National Study of Lawyers with Disabilities and Lawyers Who Identify as LGBTQ+, (with Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, and Fatma Altunkol Wise) 23 UDC/DCSL L. REV. 23 (2020). 


Doron Dorfman

Associate Professor of Law

BOOK CHAPTERS

The Universal View of Disability and its Danger to the Civil Rights Model, in DEFINING THE BOUNDARIES OF DISABILITY: CRITICAL PERSPECTIVES (Licia Carlson & Matthew Murray, eds.) (2021).

Treatment of Disability Under Crisis Standards of Care: An Empirical and Normative Analysis of Change Over Time During COVID-19 (with Ari Ne’eman, Michael Ashley Stein & Zackary D. Berger), J. HEALTH POL. POL’Y & L. (Mar. 2020).

BOOK REVIEWS

54 LAW & SOC’Y REV. 530 (2020) (reviewing DAVID PETTINICCHIO, POLITICS OF EMPOWERMENT: DISABILITY RIGHTS AND THE CYCLE OF AMERICAN POLICY REFORM (2019)).

REPORTS, NEWS, AND COMMENTARY

Mask Exemptions During the COVID-19 Pandemic—A New Frontier for Clinicians (with Mical Raz), 1 JAMA HEALTH FORUM (July 2020).

Opinion, How an Unexpected Collaboration Led Utah to Amend its Discriminatory Triage Plan, THE HILL (Aug. 28, 2020).

Opinion, Thirty Years Later, Still Fighting Over the ADA (with Thomas F. Burke), REGUL. REV. (Dec. 7, 2020).

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

The Professionalization of Urban Accessibility (with Mariela Yabo), 47 FORDHAM URB. L.J. 1213 (2020).

Disability Rights as a Necessary Framework for Crisis Standards of Care and the Future of Health Care (with others), 50 HASTINGS CENTER REP. 28 (2020).

Reweighing Medical Civil Rights (with Rabia Belt), 72 STAN. L. REV. ONLINE 176 (July 2020).


David M. Driesen

University Professor

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

The Unitary Executive Theory in Comparative Context, 72 HASTINGS L.J. 1 (2020).

Implied Presidential and Congressional Powers (with William C. Banks), 41 CARDOZO L. REV. 1301 (2020).

REPORTS, NEWS, AND COMMENTARY  

Opinion, How Science Will Save the World, Dec. 16, 2020, THE HILL (Dec. 16, 2020)

Opinion, How Private Companies Could Step Up to Help Save Our Election (with Eric W. Orts & George Aposporos), THE HILL (Aug. 25, 2020).

Opinion, This Election Is About the Survival of Our Democracy, SYRACUSE POST-STANDARD, July 26, 2020, at E1. 

Opinion, The Seila Law Case: Liberty and Political Firing, THE HILL (July 1, 2020).

Trump’s Quislings, HIST. NEWS NETWORK (Apr. 26, 2020).

BOOK REVIEW

10 J. ENV’T STUD. & SCI. 362 (2020) (reviewing RICHARD J. LAZARUS, THE RULE OF FIVE: MAKING CLIMATE HISTORY AT THE SUPREME COURT (2020)).


Ian Gallacher

Professor of Law

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Here’s Tae Us, Wha’s Like Us: Some Thoughts on the Future of Legal Writing in American Law Schools, 24 J. LEGAL WRITING INST.29 (2020). 


Shubha Ghosh

Crandall Melvin Professor of Law

Director, Syracuse Intellectual Property Law Institute

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Myriad Post-Myriad, 47 SCI. & PUB. POL’Y 638 2021). 

Do the Games Never End? 71 FLA. L. REV. F. 76 (2020).

The Elusive Quest for Digital Exhaustion in the US and the EU: The CJEU’s Tom Kabinet Ruling a Milestone or Millstone for Legal Evolution?, 8 HUNG. YB INT’L L. & EUR. L. 249 (2020).

A Revolution Ignored?, 65 ANTITRUST BULL. 606 (2020).

BOOK REVIEW

Recognizing and Correcting a Discrepancy, JOTWELL 

(September 21, 2020) (reviewing MARKETA TRIMBLE, THE TERRITORIAL DISCREPANCY BETWEEN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIMS AND REMEDIES, 23 LEWIS & CLARK L. REV. 501 (2019)).


Lauryn P. Gouldin 

Crandall Melvin Professor of Law

Director, Syracuse Civics Initiative

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Reforming Pretrial Decision-making, 55 WAKE FOREST L. REV. 857 (2020). 

REPORTS, NEWS, AND COMMENTARY

Opinion, Why Is There Over-Policing for Low-Level Offenses?, THE HILL (Apr. 23, 2021).


Roy Gutterman

Director, Tully Center for Free Speech

Associate Professor, Newhouse School

Professor of Law (by courtesy appointment)

REPORTS, NEWS, AND COMMENTARY

Assaults on Press Freedom, Here and Abroad, Endanger Democracy, SYRACUSE POST-STANDARD, April 30, 2021.

Is Election Disinformation Free Speech or Defamation? Courts Will Decide, SYRACUSE POST-STANDARD, February 26, 2021 at E1. 

Biden Must Swiftly Restore Press Freedom, SYRACUSE POST-STANDARD, December 13, 2020 at E1.

The Right to Vote Is “the Essence of a Democratic Society.” Exercise it., SYRACUSE POST-STANDARD, October 25, 2020 at E1.

Advice for Individuals, Not Governments, to Safeguard Free Speech, WASH. POST, August 2, 2020 at B6.

Trump, Twitter and the Distraction of Censorship Order Likely Violates First Amendment and Contradicts His New Neutrality Policy, SYRACUSE POST-STANDARD, May 31, 2020 at E3.

BOOK REVIEW

25 COMM. L. & POL’Y 418 (2020) (reviewing LARISSA LIDSKY, PRYING, SPYING, AND LYING: INTRUSIVE NEWSGATHERING AND WHAT THE LAW SHOULD DO ABOUT IT, (73 Tul. L. Rev. 173 1998)).


Paula C. Johnson

Professor of Law

Co-Director, Cold Case Justice Initiative

REPORTS, NEWS, AND COMMENTARY

John Lewis and C.T. Vivian Made an Impact on SU, Too, SYRACUSE POST-STANDARD, July 19, 2020 at B4.


Arlene S. Kanter

Laura J. & L. Douglas Meredith Professor for Teaching Excellence

Professor of Law

Director, Disability Law and Policy Program

Faculty Director of International Programs

Professor of Disability Studies, School of Education (by courtesy appointment) 

REPORTS, NEWS, AND COMMENTARY 

Individuals with Disabilities Are not “Them,” They Are “Us,” SYRACUSE POST-STANDARD, December 3, 2020 at A19.

Religious Freedom Is No Reason to Deny People with Disabilities the Right to Equality in the Workplace, THE HILL (July 26, 2020).

Turning Their Back on People with Disabilities in the Name of Religious Freedom, JURIST (July 26, 2020). 

Can Faculty Be Forced Back on Campus?: Several Covid-Related Regulations and Federal and State Laws Provide Guidance, THE CHRONICLE OF HIGHER EDUCATION, June 15, 2020.


Nina A. Kohn

David M. Levy L’48 Professor of Law

Faculty Director of Online Education

BOOK CHAPTERS

Fiduciary Principles in Surrogate Decision-Making, in OXFORD HANDBOOK OF FIDUCIARY LAW (R. Sitkoff et al. eds., 2019). 

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Nursing Homes, COVID-19, and the Consequences of Regulatory Failure, 110 GEO. L.J. ONLINE 1 (2021).

How the Guardianship System Can Help Address Gun Violence, 48 Supp. J. L. MED. & ETHICS 133 (2020).

REPORTS, NEWS, AND COMMENTARY 

It’s Time to Care About Home Care, THE HILL (May 31, 2021).

COVID Awakened Americans to a Nursing Home Crisis. Now Comes the Hard Part, WASH. POST (Apr. 28, 2021).

Netflix’s “I Care a Lot” Should Worry You (with David M. English), THE HILL (Feb. 24, 2021).

When it Comes to Healthy Aging: Location, Location, Location (with Jennifer Goldberg), THE HILL (Oct. 15, 2020). 

Coronavirus Isolated Nursing Home Residents. Now it Might Keep Them From Voting: States Can Step in to Help, but Many Aren’t, WASH. POST (Oct. 14, 2020). 

Older Adults Are Feeling the Heat, Literally (with Karl Pillemer), THE HILL (Aug. 29, 2020). 

Come Fall, Universities Must Expand Vision: Traditional Learning Can Be Replicated Online, ALBANY TIMES UNION (June 6, 2020). 

Nursing Homes Need Increased Staffing, not Legal Immunity (with Jessica L. Roberts), THE HILL (May 23, 2020). 

Move Class Online … But Do it Right, SYRACUSE.COM (Mar. 19, 2020).


Robin Paul Malloy

Ernest I. White Chair and Distinguished Professor of Law Kauffman Professor of Entrepreneurship and Innovation Director, Center on Property, Citizenship, and Social  Entrepreneurism

Professor of Economics, Maxwell School of Citizenship and Public Affairs (by courtesy appointment)

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Advancing Accessible Communities, 27 VA. J. SOC. POL’Y & L. 233 (2020). 


Mary Helen McNeal

Professor of Law

Director, Elder and Health Law Clinic

Co-Director, LondonEx

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Addressing Elder Abuse: Service Provider Perspectives on the Potential of Restorative Processes, 32 J. ELDER ABUSE & NEGLECT 357 (2020).

Elder Restorative Justice (with Maria Brown), 21 CARDOZO J. OF CONFLICT RESOL. 91 (2019).


Aliza M. Milner

Teaching Professor

BOOK CHAPTERS

Triple Step: The Choreography of Teaching Reading in the Doctrinal Classroom, in LAWYERING SKILLS IN THE DOCTRINAL CLASSROOM: USING LEGAL WRITING PEDAGOGY TO ENHANCE TEACHING ACROSS THE LAW SCHOOL CURRICULUM (Tammy Pettinato Oltz ed., 2021). 


Mark P. Nevitt

Associate Professor of Law

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Domestic Military Operations and the Coronavirus Pandemic, 11 J. NAT’L SEC. L. & POL’Y 107 (2020).

On Environmental Law, Climate Change, and National Security Law, 44 HARV. ENVTL. L. REV. 321 (2020).

REPORTS, NEWS, AND COMMENTARY 

Should the COVID-19 Vaccine Be Required for the Military?, JUST SECURITY, Apr. 12, 2021.

Is Climate Change a National Emergency?, JUST SECURITY, Feb. 25, 2021.

Tragedy at the Capital: Four Questions That Demand Answers, JUST SECURITY, Jan. 9, 2021.

Important Context Missing from the Austin Nomination Debate, JUST SECURITY, Dec. 17, 2020.

Climate Change, National Security, and the New Commander-in-Chief, JUST SECURITY, Dec. 2, 2020.

Good Governance Paper No. 6 (Part Two): Domestic Military Operations—The Role of the National Guard, Posse Comitatus Act and More, JUST SECURITY, Oct. 21, 2020. 

Good Governance Paper No. 6 (Part One): Domestic Military Operations—Reforming the Insurrection Act, JUST SECURITY, Oct. 20, 2020.

Climate Change, Arctic Security, and Why the U.S. Should Join the U.N. Convention on the Law of the Sea, RULE OF LAW POST (Center for Ethics & the Rule of L., U. Pa.), Sept. 30, 2020.

As Climate-Related Disasters Intensify, Retreat Emerges as Adaptation Strategy, ENERGY POLICY NOW (Podcast, Kleinman Center for Energy Pol’y, U. Pa.), Sept. 15, 2020. 

Climate Change: A Threat to International Peace and Security?, OPINIOJURIS (Int’l Comm’n of Jurists), Aug. 29, 2020.

Climate Adaptation Strategies: How Do We Manage Managed Retreat?, (Report, Kleinman Center for Energy Pol’y, U. Pa), August 2020.

Secretary Pompeo’s Surprising Defense of International Law, Allies, and the Law of the Sea Convention, JUST SECURITY, July 15, 2020.

The President and the Domestic Military Deployment of the Military: Answers to Five Key Questions, JUST SECURITY, June 2, 2020.


Michael A. Schwartz

Associate Professor of Law

Director, Disability Rights Clinic

BOOK CHAPTERS 

Deaf Research Methodologies? Confronting Epistemological Silences and Challenges in Qualitative Research (with Bronagh Byrne), in SOCIAL RESEARCH AND DISABILITY: DEVELOPING INCLUSIVE RESEARCH SPACES FOR DISABLED RESEARCHERS (Ciaran Burke & Bronagh Byrne eds., 2021). 

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Enhancing Deaf People’s Access to Justice: Implementing Article 13 of the UN Convention on the Rights of Persons with Disabilities (with Bronagh Byrne & Brent C. Elder), 23 SCANDINAVIAN J. DISABILITY RSCH. 74 (2021).


A. Joseph Warburton

Professor of Law

Professor of Finance, Whitman School of Management

LAW REVIEW AND OTHER SCHOLARLY ARTICLES

Business Development Companies: Venture Capital for Retail Investors, 76 BUSINESS LAWYER 59 (2021).