The Bloomberg Law article “Weight-Loss Drug Cases Push to Recognize Obesity as Disability” reviews a growing number of federal and state lawsuits that aim to gain health insurance coverage for GLP-1 obesity drugs based on the definition of a disability.
Professor Katherine Macfarlane, Director of Syracuse Law’s Disability Law and Policy Program, discussed a case in Maine where the plaintiff is diagnosed with a binge-eating disorder and sued their health insurer for coverage of the weight loss drugs. Several appeals courts have concluded that workers need to prove their obesity has an underlying physiological cause to bring an ADA claim.
“The addition of that [diagnosis] is savvy,” said Macfarlane. “It strengthens her case to the extent that they’re in front of a court that’s looking for an underlying condition as well.”
In a separate case, Cigna Life and Health Insurance Company is arguing that case law does not broadly recognize obesity as a disability and that the plaintiff is asking to categorize all obese people as disabled (estimated to be 40% of the U.S. population.)
Cigna is overstating the courts’ views under the US Court of Appeals for the First Circuit, according to MacFarlane. She pointed to the 1992 case of Cook v. Rhode Island, where the U.S. District Court for the District of Rhode Island suggested that no separate physiological diagnosis is needed for obesity to qualify as a disability. A longstanding tenet of disability law also requires case-by-case analyses, she said, rather than broad categorizations.
“I think the defendants are both misstating the plaintiff’s position and also overstating what federal courts have held in the context of obesity as a disability,” she said.
Syracuse University College of Law’s Disability Law and Policy Program recently hosted “A Body’s Work: A Discussion with Professor Britney Wilson. Professor Wilson is an associate professor of law and the director of the Civil Rights and Disability Rights Clinic at New York Law School. She discussed her experiences as a Black disabled woman, civil rights attorney, and law professor.
Her discussion was based on her paper “A Body’s Work: On Self and Peer Education as a Black Disabled Lawyer” published in the Journal of Legal Education. The essay and her Syracuse Law discussion explored the effects of an overall lack of disability inclusion in the law school curriculum and how it impacts the way she navigates life and work as a Black disabled woman and attorney.
Wilson also touched upon ongoing transportation services litigation that the Civil Rights and Disability Rights Clinic is litigating by applying the Americans with Disabilities Act and New York City Human Rights law.
Also, an accomplished writer and artist, Wilson has published short stories, poetry, and creative nonfiction essays. She was a featured poet on the HBO series Brave New Voices. She explained how creativity in other areas can positively affect making creative legal arguments.
Professor Wilson also met with DLPP students to discuss their experiences studying disability law and navigating law school with disabilities.
Professor Emerita Arlene Kanter recently spent a week in Berlin meeting with government officials and disability organizations to promote the development of disability laws and policies in Germany. Kanter’s visit was sponsored by the U.S. Department of State.
Kanter met with U.S. Embassy Deputy Chief of Mission Clark Price, Federal Government Commissioner for the Affairs of People with Disabilities Jürgen Dusel, and MdB Heike Heubach, the first Deaf member of the German Parliament, to discuss eliminating barriers that prevent disabled children and adults from participating in German society.
Kanter also visited the T4-Memorial to honor the victims of the Holocaust who were murdered by the Nazis because of their disability.
A roundtable discussion with over 50 representatives from local disability organizations as well as a separate roundtable with Embassy staff sparked lively conversations about access to higher education, discrimination in the workplace, efforts to combat violence against women with disabilities, the need for community-based alternatives to institutions, as well as how to develop laws and policies to conform to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Germany ratified in 2009.
“Germany has made significant progress since it ratified the CRPD, by adopting new disability-related laws and policies. But more work needs to be done to implement these laws, especially in the areas of accessibility of private facilities, education, and workplace accommodations. As one who helped to draft the CRPD, it is meaningful for me to see this critical work of promoting greater disability inclusion being embraced by leaders within and outside the government of Germany,” says Kanter.
The article looks at a UCLA professor whose classroom hosts contentious debates and says she’ll fail any student who records classes or distributes another student’s work as a matter of academic freedom. Kanter discusses the legalities surrounding classroom accommodations.
Kanter said UCLA’s signing off on what she called a “blanket ban” on a disability accommodation is problematic. “No [blanket] ban is ever permissible, and there are many, many court cases that have held so,” she said.
“I’m surprised that UCLA would go that route and uphold the ban because there’s literally no court authority that would be on their side,” Kanter said. “The recording allows a student with a disability to be on equal footing and participating in that class with students without disabilities. To deny that opportunity is discrimination, pure and simple.”
When Craig Boise went to law school in the 1980s, there wasn’t much talk of a value proposition. He received a rigorous legal education at the University of Chicago and, of course, intensive study. Still, says Boise, “There was a real disconnect between the doctrine we were learning and how to use it. We had large stacks of books and no real sense of how it all would apply in practice. That’s the gulf I’ve tried hard to span.”
When he became Dean of the College of Law in 2016, Boise was determined to redefine the value proposition of law school. “We are focused on ensuring our students attain the kinds of jobs they dream about. Certainly, they receive an excellent education, but they also get the support they need to pass the bar, the connections to externships and the clinical work that positions them to excel when they graduate. Law school is an investment. We make it worth their while.”
Those who worked closely with Boise during his tenure as Dean—as advisors, colleagues, faculty and staff—and students who obtained their law degrees over the last eight years say they have reaped the benefits of his vision and determination.
“During my first trial assignment, one of the senior attorneys said to me ‘I had no idea you were so well trained.’ I didn’t have to be taught how to do a direct exam or develop a strategy for cross-examination. The core was all there and it shocked some of my colleagues. I can hold my ground because of the training I received at Syracuse University College of Law.”
Tyler Jefferies L’21, Deputy Attorney General, Pennsylvania Office of Attorney General
Tyler Jefferies L’21 is testimony to the value proposition Boise envisioned. Now Deputy Attorney General at the Pennsylvania Office of Attorney General, Jefferies says she’s the youngest in the office by far. “During my first trial assignment, one of the senior attorneys said to me ‘I had no idea you were so well trained.’ I didn’t have to be taught how to do a direct exam or develop a strategy for cross-examination. The core was all there and it shocked some of my colleagues. I can hold my ground because of the training I received at Syracuse University College of Law.”
Jefferies’ advocacy skills were honed through the many trial competitions and advocacy classes that bring distinction to the College. “I consider us an elite program,” says Professor Todd Berger, Director of Advocacy Programs. “We do things that are more creative and more innovative than any other law school in the advocacy space.” Berger credits Boise for targeting areas of distinction, such as advocacy, and providing the resources to expand and strengthen those programs.
“Dean Boise never turned down a new idea to innovate,” says Jefferies. “When Professor Berger proposed the idea of a 14-week competition that operates like professional sports playoffs, the Dean said ‘Great. Let’s hammer out the logistics and just try it!’ We have been a trailblazer in the competition world and other schools are trying to do similar things. Dean Boise’s ability to see the bigger picture and support it was really important to the growth of the program.”
Brian Gerling L’99 meets with students at a table in the Innovation Law Center
“Craig had a forward-thinking attitude toward growing the law school and providing students with the most well-rounded education possible and practical learning experiences and opportunities to make them more marketable and more successful graduates.”
Brian Gerling L’99, Executive Director of the Innovation Law Center
Trailblazer and innovator are words often used to describe Boise. “Craig had a forward-thinking attitude toward growing the law school and providing students with the most well-rounded education possible and practical learning experiences and opportunities to make them more marketable and more successful graduates,” says Brian Gerling L’99, Professor of Practice and Executive Director of the Innovation Law Center (ILC). Today, more than 97% of graduates are employed or enrolled in another graduate program within 10 months of graduation, an impressive achievement for law schools and just one of many measures of success realized during Boise’s tenure.
Gerling recalls that as a law student at Syracuse Law in the ‘90s, he was aware of professors and courses that were considered ahead of their time. But he credits Boise with investing in and structuring comprehensive programs that would bring new distinction to the College and success to students. “He infused enthusiasm and capital and leadership, engaging alumni and donors in supporting programs that are nationally recognized.”
“We knew we needed a visionary leader with innovative ideas and a diversity of life experiences, who was also a team player and bold in vision and action,” says Melanie Gray L’81, who served on the University Board of Trustees and the College of Law Board of Advisors when Boise was hired. At the time, the College was running a multi-million dollar deficit and putting a drain on the university.
Melanie Gray L’81 standing outside of the Melanie Gray Ceremonial Courtroom.
“We knew we needed a visionary leader with innovative ideas and a diversity of life experiences, who was also a team player and bold in vision and action.”
Melanie Gray L’81, College of Law Board of Advisors, University Trustee
Chancellor Kent Syverud, himself an attorney and former law school dean, believed that Boise could turn things around with his bold vision and commitment to academic excellence. When Boise was appointed Dean in 2016, Syverud said “He is the ideal person to lead the College of Law into a new era.”
Craig Boise and Chancellor Syverud meet with students in Dineen Hall.
“Dean Boise’s creativity and drive helped the College of Law launch one of the first and one of the best online law degree programs in the nation. He has embraced and advanced priorities of the university, including disability advocacy and advocacy for veterans and military-connected students.”
Chancellor Syverud
“Dean Boise brought innovation to a discipline steeped in tradition,” says Chancellor Syverud. “Dean Boise’s creativity and drive helped the College of Law launch one of the first and one of the best online law degree programs in the nation. He has embraced and advanced priorities of the university, including disability advocacy and advocacy for veterans and military-connected students. I am so grateful to Dean Boise for his outstanding and entrepreneurial leadership over the last eight years and thank him for his distinguished service to Syracuse University.”
Boise says he was drawn to the opportunity because he knew the Chancellor truly appreciated the value of a top-notch legal education and describes Syverud as a mentor. “Still, it was a bit daunting,” he admits. And he had a lot more questions than answers. “How am I going to distinguish myself as a dean? What am I going to bring that is both important and instrumental in moving the institution forward?”
What Boise brought to the College was an incredibly diverse background of life experiences that uniquely qualified him to manage transition and lead through transformation. Raised in a small town in Missouri by Southern Baptist parents, he worked summers on a family farm in Nebraska and, at first, envisioned a career as a farmer or rancher. But his musical talent as a classical pianist earned him a scholarship to a conservatory and a new vision for his future. Then, economic realities set in and Boise left college for the workforce. He worked in a warehouse for a while, as a messenger in a law firm, and enrolled in the police academy. He still sips from his POLICE KCMO mug, a souvenir from his five years as an officer in Kansas City. That’s where he became interested in the law and a different vision for his future and enrolled at University of Chicago Law School. With his J.D. and later an LL.M. in taxation from New York University School of Law, he worked as a corporate lawyer, then switched to academia, eventually becoming dean at Cleveland State University’s law school.
Mark Neporent L’82 and Craig Boise pose for a photo after the fireside chat at the Denver JDinteractive Residency.
“Perhaps it was the police training, but like a good officer, Craig recognizes points of tension and embraces them. He knows how to deescalate situations and calm things down and bring people along to see his point of view. I’m a big fan and very appreciative of what’s he’s done for the law school and the University.”
Mark Neporent L’82, College of Law Board of Advisors, University Trustee
“There’s a force and energy within his lived experiences that stood out and differentiated him from all other candidates,” say Gray, who was on the Syracuse University search committee that recommended him for the position. Like Gray, Mark Neporent L’82 served on the Board of Advisors and was a University trustee. “Perhaps it was the police training, but like a good officer, Craig recognizes points of tension and embraces them,” says Neporent. “He knows how to deescalate situations and calm things down and bring people along to see his point of view. I’m a big fan and very appreciative of what’s he’s done for the law school and the University.”
In his first year as Dean, Boise launched an assessment of the law school’s assets to better understand what could distinguish it from the other 200+ law schools in the country. Four areas stood out: the Advocacy Program, Disability Law and Policy Program, Innovation Law Center, and the Institute for National Security and Counterterrorism (now known as the Institute for Security Policy and Law). “When we looked at the genesis of these programs, they were big innovations from the start,” says Boise. In fact, these programs provided a foundation for defining and securing the law school’s distinctive brand as an innovative law school. “We have a history of innovation that we could point to, which made it possible to tie the past to where we are going in the future.”
Craig Boise (middle front) and Sophie Dagenais (middle front) pose with colleagues at the College of Law at Kyung Hee University.
“Craig was steadfast in his determination to build on this history of innovation. To him, that was the brand and brand was mission critical. That meant providing the resources needed to deepen expertise, bringing in new faculty, expanding experiential learning opportunities in each area, engaging alumni, and telling the story of these assets and attributes more effectively to attract new students and drive philanthropic support.”
Sophie Dagenais, Former Assistant Dean for Advancement and External Affairs.
“Craig was steadfast in his determination to build on this history of innovation. To him, that was the brand and brand was mission critical,” says Sophie Dagenais, who served as Boise’s Assistant Dean for Advancement and External Affairs. “That meant providing the resources needed to deepen expertise, bringing in new faculty, expanding experiential learning opportunities in each area, engaging alumni, and telling the story of these assets and attributes more effectively to attract new students and drive philanthropic support.”
“We have a responsibility to our students to be at the forefront of legal innovation. When we are, we not only better prepare them for the future, but we also shape the future.”
Craig Boise, Dean
“There’s nothing I love better than new ideas and fresh ways of thinking about things, whether it’s curricular—what we are teaching our students—or new ways of teaching or innovation in operations. These things get me excited,” says Boise. “We have a responsibility to our students to be at the forefront of legal innovation. When we are, we not only better prepare them for the future, but we also shape the future.”
Perhaps nowhere is this innovative spirit and impact more apparent than in JDinteractive, the first hybrid online J.D. program of its kind in the nation, combining virtual class sessions with self-paced online instruction, short courses, in-person residencies and a legal externship. The concept of an online program was under development when Boise was hired, but there were questions about its viability. Boise worked closely with faculty to design a program that would get American Bar Association (ABA) support, bring new revenue to the law school, attract and expand a diverse pool of students, and enhance the law school’s reputation. “I was fortunate to work with faculty who were willing to help build the plane while we were flying it,” says Boise.
“It was like a field of dreams. We built it and they came,” says Nina Kohn, David M. Levy L’48 Professor of Law. Kohn who was Associate Dean for Research and Online Education when Boise was appointed dean, admits that she and other faculty members were skeptical at first, because online education was often perceived as low-quality by academicians. “One thing that the launch of a program like this offers is the chance to talk seriously with all constituents—our students, alumni and faculty—about who we are as a college of law and why what we do matters. Our goal was to offer the best possible legal education that meets the needs of the profession. We created a space for those individuals for whom the residential program was not an option: people who have jobs and are not living near excellent night programs; people who have caregiving responsibilities; people who are in the military and don’t live in one place for very long. The people we built this for are now our graduates, and many of them serve in communities that are historically underserved. So we are not only helping students get the legal education they dreamed of, we’re helping communities as well.”
“When Craig came on board, it was his passion that helped push the program forward,” says Shannon Gardner, Teaching Professor and Associate Dean for Online Education. “He’s leading for the future, committed to innovation and 22nd century lawyering.” Gardner teaches the first five-day on-campus residency course for the JDi students. “I just fell in love with the students. Most have wanted to go to law school for so long, but thought it was an unattainable dream. They have so much gratitude and it’s gratifying for us to see them be able to join the legal profession.”
“When Craig came on board, it was his passion that helped push the [JDinteractive] program forward. He’s leading for the future, committed to innovation and 22nd century lawyering.”
Shannon Gardner, Teaching Professor and Associate Dean for Online Education
“I went to Zoom school before it was cool,” says Tiffany Love ’22, who was in the first cohort of JDi students. A military spouse, she had put her law school dreams on hold. But while stationed in Germany, she was accepted into the JDi program. “I was literally in class from midnight to 4 am, and then worked full time as a paralegal for the Army JAG.” Though she was concerned at first about how her credentials would be perceived by potential employers, she says the quality of a Syracuse law degree was an asset, no matter how it was attained. Now, Love is a second year associate at Phelps Dunbar LLP in Tampa.
“The JDi program single-handedly changed the trajectory of my life; it made a law degree accessible with the reputation of a national security powerhouse. Along with other College of Law visionaries, Dean Boise created this future for me. I know my legal contributions made a difference. I am forever grateful.”
Meghan Steenburgh G’97, L’23, Assistant General Counsel with the Department of Defense
Meghan Steenburgh G’97, L’23 is also living her dream, thanks to JDi. Now Assistant General Counsel with the Department of Defense, she said the program allowed her to pursue a law degree while caring for her children and helping her parents while living in three different states. “The JDi program single-handedly changed the trajectory of my life; it made a law degree accessible with the reputation of a national security powerhouse,” says Steenburgh. “Along with other College of Law visionaries, Dean Boise created this future for me. I know my legal contributions made a difference. I am forever grateful.”
The popularity and success of JDi also changed the fiscal trajectory of the law school. Further, concerns about quality are a thing of the past, with increased LSAT scores among applicants and impressive bar passage rates. JDi’s success has had ripple effects throughout the university, with the creation of the nation’s only online joint J.D./MBA program, a significant expansion of the Center for Online and Digital Learning to provide support for other degree programs, and, the inclusion of JDi students in other stellar programs like Advocacy and Syracuse Law Review. For example, JDi students are included in virtual trial competitions, preparing students for more virtual practice in the real world. “They have a leg up,” says Jefferies, noting that she recently had three court cases in which she appeared virtually. She now coaches JDi students for virtual advocacy competitions.
A pilot program with JDi students will contribute to a significant expansion in enrollment in the ILC, says Gerling. Gerling also credits Boise with bringing the University’s tech transfer office into the ILC, giving law students the chance to do real-world work on commercializing new technology generated by researchers across the campus. “That’s a real feather in Craig’s cap,” says Gerling. “His vision and leadership led to a productive working relationship between the Office of Research and the law school. We’ve also developed internships with the Office of the General Counsel. Our students not only learn how to think like lawyers but practice the skills necessary for the practice of law.”
And it was Boise’s outreach to alumni that made it possible for students to develop so many new skills. “Craig engaged alumni in unique ways,” says Dagenais. “Our alumni stepped up and delivered content for JDi residencies, teaching short courses for a weekend or several days and enabling our students to do a deep dive into specialized sectors of the law.”
Boise’s ability to articulate the vision engaged alumni in ways that will benefit the law school for years to come. “He’s an impressive guy,” says Frank Ryan L’94, DLA Piper’s Global Co- Chair, Global Co-CEO and Americas Chair. Ryan rejoined the Board of Advisors in 2017 after Boise met with him in New York City and persuaded him to get re-engaged with his alma mater. “Craig’s ideas on how to transform legal education connected with me. He read the tea leaves and offered an understanding of how to compete against other law schools and how we as alumni could help.”
Now, Syracuse Law has the highest rate of alumni engagement of all twelve University schools and colleges, along with the highest alumni giving participation, exceeding its goals for the Forever Orange Campaign a year ahead of schedule. Ryan calls Boise an “exceptional team builder. He empowers people and then lets them go and do their jobs.”
Benita Miller L’96
“Craig just has a way about him. He was willing to hear the hard stuff and discuss the pain points shared by Black alumni from the 1990s like myself. He created space for diversity that did not alienate the traditions that were so important to the institution.”
Benita Miller L’96, Vice President of U.S. Programs for the Center for Reproductive Rights
Benita Miller L’96 credits Boise’s for engaging alumni in meaningful ways by “creating space for everyone at the table.” Now Vice President of U.S. Programs for the Center for Reproductive Rights, Miller says she had not felt “at home” at the law school until Boise reached out, painted the vision, listened to her concerns and ignited her passion to serve the students. Today, she is on the Board of Advisors and mentors JDi students. “Craig just has a way about him. He was willing to hear the hard stuff and discuss the pain points shared by Black alumni from the 1990s like myself. He created space for diversity that did not alienate the traditions that were so important to the institution.” Miller cites JDi and the Orange Advance pipeline program with HBCU institutions as innovations that “are really important to our profession. We’re contributing to a more expansive legal community.”
“Craig focused the value proposition of law school on opening the aperture for our students to have more career opportunities and reach life goals,” says Lily Yan Hughes, Assistant Dean of Career Services and Student Experience. Having had a prolific career in corporate law, Hughes was intrigued when Boise approached her in 2021 to help him reimagine career services. “My team’s ‘tagline’ is that we are not just resume readers or a job bank. We are here to help students think more strategically and to be CEO of their own careers.”
Lily Yan Hughes, Assistant Dean of Career Services and Student Experience and team at the Syracuse Law Career Expo.
“Craig focused the value proposition of law school on opening the aperture for our students to have more career opportunities and reach life goals.”
Lily Yan Hughes, Assistant Dean of Career Services and Student Experience
Evidence of the value proposition at work: The last four years have seen a 55% increase in overall student externship placements. Last year, 195 students were placed in externships in 29 states, many of them made possible because of the Orange alumni network. The rate of employment ten months after graduation jumped 21% from 2018 to 2023.
As graduates fan out into careers in the courtroom or the boardroom, in public service or private equity, and use their degrees to practice law or bring a different way of thinking to other industries, they are the living legacy of the tenure of a dean dedicated to innovation and bringing a new value proposition to their education.
The Board of Advisors recognized that legacy in creating a new scholarship in his name, to be awarded to a student who has demonstrated an entrepreneurial and innovative spirit. With emotion in his voice as the scholarship plaque was presented to him, Boise expressed his gratitude. “This was such a perfect gift because it reflects what I value most—opportunities for our students to pursue meaningful careers in a world that requires their vision, integrity and a steadfast commitment to justice.”
As Boise prepares to take his first sabbatical in 21 years, he’s looking forward to contributing to further innovations in legal education. He plans to teach a JDi course and work with the Center for Online Design and Learning to integrate new technologies into course design. But first, he says, he’ll focus on other passions. He’ll play more piano, especially the works of Rachmaninoff and Chopin who were both considered innovators in their time. He also plans to set sail, steering a boat through whatever turbulence he might encounter to find peace and calm in the expanse of the seas.
In the article “Mask bans are growing in popularity. Critics call the trend a ‘dog whistle’ to quell protest”,
Macfarlane, who has a disability and considers herself high risk, questions how a mask ban takes into account the safety of people like her with health vulnerabilities. She also doubts that increasing “high-stress” interactions with the police will yield positive results and feels it’s unfair to put the burden on immunocompromised people to share health concerns that are not visible to the naked eye.
“That doesn’t lend itself well to a safe interaction,” she said. “It makes me really nervous about the right to protest, the right to attend a political rally.”
This spring, Professor Michael Schwartz, Director of the Disability Rights Clinic, Office of Clinical Legal Education at the College of Law visited the University of World Economy and Diplomacy’s (UWED) law clinic in Tashkent, Uzbekistan. Schwartz visited UWED to investigate the prospects for collaboration with Syracuse Law as UWED is seeking to expand its law clinic to address disability rights issues. In eleven meetings over four days, Professor Schwartz addressed law clinic faculty and students, along with Deaf students from a local high school, and members of the law enforcement and judicial communities.
Schwartz was also interviewed on Uzbek TV about his visit, which was captioned by Mirjakhon Turdiev, an Uzbek graduate student affiliated with Maxwell School’s Global Affairs Program. In his interview, Schwartz stated, “We would like to establish relations in Uzbekistan to create a new system for the protection of the daily rights of persons with disabilities. For this purpose, I came to your country. Uzbekistan has ratified the Convention on the Rights of Persons with Disabilities, and this is really wonderful, now it is time to fully implement the rights shown in this convention. During my career as a lawyer, I achieved the release of a deaf man who was unjustly sentenced to 12 years in prison, as well as the release of a blind man who was sentenced to 33 years in prison for murder. There are many people with disabilities who have become innocent victims of such crimes. For this reason, every person should first of all know their rights and be properly protected.”
Prospects for a collaboration between UWED and Syracuse Law are bright. “There is much work to do to help Uzbekistan in meeting its obligations under the UN Convention on the Rights of Persons with Disabilities. This work will also benefit Syracuse’s law students as they acquire knowledge of international human rights law,” says Schwartz.
Andrew Horsfall, Vice Dean for International Cooperation and Development, dr hab. Izabela Kraśnicka, prof., Dean dr hab. Mariusz Popławski, prof. and Craig Boise
While the University of Bialystok and its Faculty of Law in Bialystok, Poland, may be more than 4,000 miles away from Syracuse Law, the exchange and collaboration of faculty, students, and knowledge on both sides have created a close relationship that has heightened learning on the legal, political, and cultural fronts, expanding a world view for so many, here and there, at a time when cross-cultural, global understanding may be more important than ever.
In 2016, Professor Izabela Kraśnicka, former vice dean for international cooperation and development at the University of Bialystok and head of the international department; and Professor Maciej Perkowski, head of the Department of Public International Law at the University’s Faculty of Law, were involved in a number of projects related to disability issues, including autism.
At the time, the University of Bialystok was proud to have its first Ph.D. student with autism, Maciej Oksztulski, who was working on his doctoral thesis, International Legal Standards of the Right to Education and Their Practical Implementation by National Scientific Institutions in Relation to Students on the Autism Spectrum, a comparative analysis that referenced Poland and the U.S. He had received a grant to complete further research, which required a comparative aspect to learn how foreign universities attracted and accommodated students with autism. To support Oksztulski’s work, Perkowski, who supervised his thesis, thought it was necessary to approach high-profile institutions like Harvard and Yale. Kraśnicka went to great lengths to convince Oksztulski that while those schools may hold prestige, it was also important to consider that other universities in the U.S. may be better suited to support his work.
“We needed a school that had extensive experience with supporting people with disabilities,” says Kraśnicka. After much research, she discovered Syracuse Law. Kraśnicka was drawn to the school’s Disability Rights Clinic, an initiative with a reputation for excellence directed by Associate Professor of Law Michael A. Schwartz, a supervising attorney and faculty member.
Kraśnicka coordinated with Schwartz and Andrew Horsfall L’10, assistant dean of International Programs, to arrange a visit for Oksztulski and a few faculty members from the University of Bialystok in 2017. Not only did this allow him to further his research, but he was able to see first-hand the ways autism was supported and recognized in the U.S. (Oksztulski successfully defended his thesis in 2022 and is now on the faculty at the Department of Public International and European Law at the University of Bialystok.)
From this initial collaboration, Kraśnicka and Horsfall launched a new partnership between their two institutions that would mutually benefit their faculty and students.
In 2019, Schwartz, who is deaf, was the first Syracuse Law faculty member to travel to the University of Bialystok to participate in the Axiological and Legal Aspects of Disability conference held at the University of Bialystok’s Faculty of Law to create a space for scientific research and the exchange of viewpoints regarding disability law. Schwartz presented Valuing Disability Rights: A Deaf Insider’s Perspective at the conference.
During his visit, he was hosted by the Student Legal Clinic at the University of Bialystok Faculty of Law, where he exchanged experiences with Polish students on how law clinics operate in Poland versus the U.S. His visit culminated by publishing an article, titled: Providing Effective Communication Access for Deaf People: An Insider’s Perspective in the University of Bialystok’s legal studies journal.
Soon after Schwartz’s visit, Kraśnicka identified funding available through the prestigious Erasmus+ grant program that broadened the partnership and exchange with additional Syracuse Law faculty members. The grant program, among other things, supports teaching, research, networking and policy debate on European Union (EU) topics. After coordinating with Hirsfall in May of 2022, the exchange was set up. Professors Cora True-Frost L’01 and James Baker were on their way to Poland.
“There is always a celebration when a U.S. professor comes to visit,” says Kraśnicka of True-Frost and Baker. “Our students are very interested in their experiences, and they want to see and learn from U.S. faculty and students, as well as hear about human rights from an American common law perspective.”
While in Bialystok, Baker and True-Frost were welcomed by Maria Cudowska, then a faculty member at the University of Bialystok Faculty of Law, who came to Syracuse Law for a sabbatical leave for the 2022-2023 academic year. Later, in July of 2023, Sylwia Leszczuk and Ewa Szpiganowicz, both graduates of the Faculty of Law and part of the University of Bialystok’s International Cooperation Office, came to Syracuse.
A Robust Exchange of Information
Cora True-Frost L’01
True-Frost is the Bond, Schoeneck and King Distinguished Professor of Law, director of the Journal of Global Rights and Organizational/Impunity Watch News, and a faculty advisor to the Journal of International Law and Commerce. With an interest in global and human rights, she described her visit as a “full, robust week of exchanging information.” She gave several lectures at the University of Bialystok related to her scholarship and work in international human rights law and international law, while also pursuing information on her interest in nongovernmental organizations (NGO) working in disability law and responding to Russian aggression by receiving Ukrainian refugees. NGO partners from the University of Bialystok arranged meetings with both disability advocates and recently arrived Ukrainian refugees to Poland at the time when Russia’s invasion of Ukraine had just begun.
“Experiencing and understanding world events from various perspectives is critical to my teaching and scholarship in international law,” True-Frost says. “Although I was raised in Germany as an Army brat, I had never visited, let alone worked, in Poland. The Erasmus exchange in Bialystok offered tremendous insight into the daily experience of what Russia’s invasion of Ukraine means to Eastern and Northeastern Europe.”
“As a result, the exchange deepened and broadened my own perspective of Russia’s invasion, including the calculus of my own government’s response,” she adds. “Comparing migration and disability issues in Poland with related discussions in Europe and in the United States adds texture to the basic value of dignity, the right to life and the right to not be invaded, details which I have woven into teaching disability rights law and international law. I look forward to continued collaborations with our partners in Bialystok and the region.”
Visiting Scholar Turned Fellow Embraces Opportunities at Syracuse Law
When True-Frost and Baker first visited the University of Bialystok, they were hosted by Cudowska, who graduated from the University of Bialystok with a Ph.D. in 2019 and a post-doctoral degree in legal translation in 2021. Cudowska graduated from Michigan State University (MSU) of Law with an LL.M. She continued her research at MSU Law as a Polish American Kosciuszko Foundation research fellow in 2021. As a licensed civil facilitative mediator, Cudowska retains ties with the state of Michigan by chairing the Board of the Southeastern Dispute Resolution Services.
Cudowska never imagined she’d be spending three years in Central New York at Syracuse Law. Her expertise and collegiality with the professors from Syracuse led to a sabbatical from Bialystok, which she chose to accept. Enthusiastic about bringing her research interests to the U.S., she was on her way to Syracuse Law in the fall of 2022 for a year-long stint as a visiting scholar.
Cudowska and Baker
As a visiting scholar, Cudowska worked under the guidance of True-Frost researching disability rights and human rights. Cudowska’s independent research projects concerned dispute resolution, as well as climate change, national security law, and international relations. When approached to consider a two-year fellowship with the Institute for Security Policy and Law (SPL), Cudowska jumped at the chance to continue her work in the U.S.
“Organically, the stars aligned. It wasn’t planned, but there was a Research Fellow position, and I applied,” she explains. She received the fellowship, which began in August 2023 and will run for two academic years through spring 2025. Cudowska is very grateful for the support of her colleagues at Syracuse Law, especially Baker, for encouraging her to accept and for supporting her in her current role.
She spent the fall 2023 semester focused on grant writing to help move the SPL projects forward, including Ring Around Russia (RAR), while also preparing two classes that she taught this spring: National Security, co-taught with Baker; and a National Security Research Seminar, which focused on national security and climate change.
“What stands out is the collegiality coupled with the level of care, attention to detail, and help that I received on all fronts: openness, kindness, and friendliness,” she says of her experience at Syracuse Law. “I’ve developed a number of professional relationships here that have become friendships, and I have the opportunity to teach at a prestigious U.S. institution, which means a lot in terms of my experience and career. I hope to make the most of my stay here and dive into every advantage and opportunity of academic life.”
Continuing the Partnership
Michal Stokowski
While Cudowska will continue her work in Syracuse through the 2024-25 academic year, and Baker will continue to travel back and forth in his efforts with Bialystok’s Szymanski, other faculty on both sides of the Atlantic have also been able to take advantage of the partnership:
In Spring 2023, Professor Anand pursued research on the law of the European Union on a sabbatical that took him to the University of Bialystok as a visiting scholar, Adam Mickiewicz University, also in Poland, as a visiting scholar, and to the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, as a visiting researcher.
In Fall 2023, Michal Stokowski from the University of Bialystok came to Syracuse Law to further his research on his Ph.D. thesis, The Act of August 31st, 1944: On the Punishment of Fascist-Hitler Criminals Guilty of Murdering and Abusing the Civilian Population and Prisoners of War, and Traitors to the Polish Nation, known as August Decree. Stokowski researched WWII legislation from a comparative perspective under Baker’s supervision.
R.J. Naperkowski L’23
R.J. Naperkowski L’23 has been working with Baker on RAR, writing grants pertinent to the rule of law, national security pedagogy, and veterans affairs. In December 2023, Naperkowski and Baker traveled to Slovakia to attend Helping Ukrainian Refugees, a Visegrad Fund V4 minigrant project, in Oravice, Slovakia, and Witow, Poland. The project’s idea arose from the general concept of the RAR, with the greater goal of helping Ukraine. It focuses on helping young people in the Visegrad and selected neighboring countries to enhance their democratic values and civic virtues. Kraśnicka, Szymanski, Baker and Naperkowski, along with their Slovak counterparts, Dr. Martin Bulla and Dr. Miroslava Mittelmannova, both from Trnava University; and Professor Miroslava Chekh from Ukrainian Catholic University were lecturing on the importance of the role of law and civil society.
Andrew Horsfall L’10, Dean dr hab. Mariusz Popławski, Craig Boise during a visit to the University of Bialystok in 2024.
In March 2024, Dean Craig Boise and Horsfall made their first visit to the Faculty of Law at the University of Bialystok to meet with counterparts there in furtherance of an already well-established and robust partnership. Horsfall and Kraśnicka explored expanding the partnership into new areas, including short-term study abroad courses where students from both schools can visit the other to explore various subject matter and content of interest. They also discussed hosting exchange students at Syracuse for a semester using grant funding that Bialystok recently received through the EU’s Erasmus program. According to Horsfall, Syracuse will host its first exchange student from Bialystok in the fall of 2024 as part of this new feature of the partnership.
Office of International Programs Offers Pathways to Syracuse Law
Horsfall believes the University of Bialystok is an outstanding example of the importance of establishing relationships with international law schools, bar associations, and other partners and institutions. He notes that Syracuse Law has a number of Memorandums of Understanding (MOUs) with schools throughout Europe, Asia and South America, all of which serve as a channel to bringing visiting scholars, exchange students, or those interested in the LL.M. program for foreign attorneys looking to be educated in the American legal system.
“The strong relationship we’ve developed with the University of Bialystok would not be possible without the hard work and dedication of Andrew Horsfall,” says Dean Boise. “Andrew has had the vision to see the opportunities that benefit our faculty and our students. Syracuse Law has been open to understanding the development of law both within Poland and throughout the E.U. Our partnership with Bialystok, and, in particular, Andrew’s counterpart, Izabela Kraśnicka, has facilitated that possibility, even as faculty and students there have learned from the American legal experience. Our connection with Bialystok will continue to grow and make a significant impact on both schools.”
As can be seen from just some of these examples, the expansion of Syracuse Law’s international footprint around the world has engaged faculty, students, staff, and even alumni in meaningful and exciting ways,” says Horsfall. “It continues to be a significantly worthwhile endeavor to bridge understanding across various legal cultures. I’m grateful to be working at an institution and alongside colleagues to share in these values.”
Syracuse, Bialystok Students Collaborate Through New Online Law Course
Todd Berger
This spring, Professor Todd Berger, director of advocacy programs, debuted an online collaborative course with the University of Bialystok focusing on transnational alternative dispute resolution. Ten Syracuse Law students, five residential and five JDi, along with another 10 from the University of Bialystok Faculty of Law took the one-credit class, which was taught together with Dr. Marta Kuklo, a faculty member at the University of Bialystok, who is an international expert in negotiations and mediation.
The course focused primarily on negotiations, mediation, and the universality of the skills sets used in both, as well as building a cross-cultural and transnational context specifically through the comparison of how the mediation process works in the U.S. versus Poland. Several guest lecturers on transnational negotiations were invited to the class, which was a very popular component. The class was taught in English, and all the students and instructors had to navigate the six-hour time difference. Students often worked in pairs (one from the U.S., one from Poland) on experiential exercises in negotiations and mediations throughout the course.
According to Berger, the class was very successful, and plans are in the works to expand it to a 2-credit course next year. “It was a great experience to teach with someone like Marta, who is so accomplished in her field, and I learned from her myself,” he says. “And, the exposure that both students got working with others from across the world built competencies that will most certainly help them succeed in the 21st century, as it continues to be more interconnected and diverse.”
More than 50 faculty, students, alumni, and friends from Syracuse Law and Syracuse University along with dozens on Zoom from around the world, attended the program “The Past, Present, and Future of Disability Lawn and Policy at the College of Law” to honor the retirement of Professor Arlene Kanter.
Kanter’s contributions to the lives of numerous Syracuse Law students and the global legal profession during her four-plus decades of service are difficult to wrap one’s head around. There are countless books, articles, presentations, committee memberships, guest teaching positions, not to mention co-counsel to two U.S. Supreme Court cases, and so much more, it is hard to narrow these accomplishments down to a few highlights.
There are, however, two lasting accomplishments that will continue to make an impact on the world at large:
Kanter established the Syracuse Law Disability Law and Policy Program (DLPP) in 2005 which has evolved into one of the most comprehensive disability legal studies programs in the country. DLPP draws J.D., LL.M., S.J.D., and visiting scholars from around the world to immerse themselves in all aspects of disability law and its intersection with international human rights law.
From 2001-06, Kanter worked with the United Nations committee on drafting the Convention on the Rights of People with Disabilities (CRPD). Since then, she has collaborated with governments and disability organizations on implementing the CRPD in more than a dozen countries and counting.
In Their Words:
“As we gather today, we owe a big thank you to Professor Arlene Kanter for founding the DLPP back in 2005 and serving as the director of the program for nearly 20 years. Under her leadership, the DLPP has grown into a center that is not only integral to the College of Law but also to the broader university.”
“You are a beloved teacher, and that is to say not only for the law students and [those] in the School of Education and other places, but for all of us. You have always committed to teaching us to make us more aware. Your path-making ways have also inspired all of us to be and do our best.”
Paula Johnson, Director of the Cold Case Justice Initiative
“There were several instances when the Children’s Rights and Family Law Clinic represented members and families that were members of the disability community. When I needed to seek out disability expertise, and someone who knew the area at both a theoretical and practical level, for me there was only one answer. It was Arlene. Arlene always made herself available as a collaborative partner who could consult to make sure that I was serving our clients to the best of our ability and withwhom I could explore the latest and greatest developments in disability law that would provide the best option for our clients.”
Suzette Meléndez, Faculty Fellow for the Office of Strategic Initiatives in Academic, Affairs and the Office of Diversity and Inclusion, Syracuse University; former director of the Children’s Rights and Family Law Clinic
“You have fostered an environment of inquiry and critical thinking and most importantly to me, you have delivered real change in our university community. You secured a commitment that our university would ensure that our newly-constructed buildings not only ensure accessibility but also move beyond mere compliance to ensure equity through your advocacy on the campus facilities advisory board. Simply put, your voice matters in the room. It matters for people with disabilities and all of us.”
Cora True-Frost G’01, L’01, Bond, Schoeneck & King Distinguished Professor
“We are truly indebted to your leadership, your energy, and your passion for all things disability rights. I know you’ll continue to be a strong force for change, but I also hope you get to enjoy a little bit more time with family and friends and the beautiful sun and sea of Cape Cod.”
Beth Ferri, Associate Dean for Research, School of Education
“Every time I return to SU for alumni events or to speak with disability law students, I am astounded by the diversity of students and professions and interests that Arlene has cultivated within the DLPP. Every time I’m at an event I am inspired by the law students and alums. It’s an amazing legacy.”
Julie Morse G’05, L’05, Attorney, Legal Services of Central New York
“Although I did not have the benefit of being one of your students, the lessons I’ve learned from you transcend the classroom. Evidenced here today, your work and your humanity have left an imprint on so many and the seeds you planted continue to grow.”
Andrew Horsfall L’10, Assistant Dean of International Programs, Co-Director, LondonEx
“What strikes me is that my story is not really special when you look at the alums in this network. She’s created a who’s who network of people in disability rights. I think it’s important to summarize what an impact she has had on the world if we just think of the number of people with disabilities who were her alumni’s clients as part of a class action, as part of policies we are changing, we quickly get to millions of people that were positively impacted by Arlene and whose lives have her fingerprints on them.”
Daniel Van Sant G’16, L’16, Director of Disability Policy, The Harkin Institute
“Professor Kanter is an internationally recognized scholar in disability law. And she writes incisive articles defending disability rights. Yet she is a humble, warm, and friendly person. I am so grateful and honored to be Professor Kanter’s student as an LL.M. and S.J.D. As an advisor, she is guiding me through my dissertation and encourages me to explore new methods in legal study. I could not ask for a better Ph.D. advisor.”
Renci “Mercy” Xie LL.M.’20, S.J.D. candidate
“As I think of the past very busy year as I settle into my life in Syracuse, one thing has been constant—Arlene’s support. In the disability law field, Arlene is nothing short of a legend. The College of Law has a reputation as a disability law and policy leader thanks to Arlene’s groundbreaking work. As I continue to think of the future of DLPP, I think about continuing to live up to Arlene’s standards and staying true to her values.”
Katherine Macfarlane, a leading expert on disability law, civil procedure and civil rights litigation, joined the College of Law last summer to lead the groundbreaking Disability Law and Policy (DLPP) program. The program was founded and led by Professor Emerita Arlene Kanter, who retired in June after 35 years of teaching.
Macfarlane’s disability law research and advocacy focus on reasonable accommodations in the workplace and higher education. Macfarlane is herself a person with disabilities. She has had rheumatoid arthritis, an autoimmune disease that causes joint deterioration and visual impairment, since childhood. Her lived experience with disability is one reason she’s excited to direct the DLPP program, she says.
Before joining the faculty as an associate professor last August, Macfarlane served as special counsel for disability rights in the U.S. Department of Education’s Office for Civil Rights, an appointment supported by a grant from the Ford Foundation’s U.S. Disability Rights Program. She previously was an associate professor at Southern University Law Center and the University of Idaho College of Law. She also was an assistant corporation counsel in the New York City Law Department, where she served as lead counsel in federal civil rights actions and an associate in Quinn Emanuel Urquhart & Sullivan’s Los Angeles and New York offices. After law school, she served as a law clerk for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit.
Katherine Macfarlane (Photo by Marilyn Hesler)
In addition to her disability law research, Macfarlane writes at the intersection of federal civil procedure and civil rights litigation. Her article about the modern implications of 42 U.S.C. § 1983, the landmark civil rights law originally passed as part of the Ku Klux Klan Act of 1871, has been cited twice by U.S. District Court Judge Carlton Reeves, most recently in Green v. Thomas, an order denying qualified immunity that received national media attention.
New DLPP Initiatives
Macfarlane appreciates that Kanter’s DLPP groundwork has provided an understanding of disability law and policies here.
“The University’s understanding of what it takes to support people with disabilities means I can jump right into the kind of programming I want to do. Things I might have had to fight for at other institutions are a given at Syracuse. That’s so refreshing.”
Through DLPP, Macfarlane wants to empower law students to see themselves as disability law scholars and future academics. She hopes to make this year’s inaugural student scholarship-focused symposium a yearly tradition and continue hosting discussions with cutting-edge disability law scholars and advocates. She plans to spotlight the novel disability law work being done by several law faculty. She will also continue to offer disability knowledge workshops and trainings to departments and faculty at Syracuse and around the country and wants to involve DLPP students in those efforts. She especially hopes to maintain the University’s reputation as a destination for law students interested in disability law and law students with disabilities.
“I want for us as a university to think beyond compliance and consider what it takes to continue to attract students and faculty who have disabilities—how to remain an institution where disabled individuals are supported and succeed,” she says. “That means we need to think through the experience of people with disabilities from the minute they arrive on campus and about how to streamline the process of obtaining a reasonable accommodation, for example. We need to ask how much time, money, and health insurance a person with disabilities is required to expend and how we can lessen those burdens. Our conversations should reach far beyond a discussion about accessible design and dive into the day-to-day experience of people with disabilities.”
Early Law Interest
Macfarlane lived in Canada and Italy in her youth and always wanted to go to law school. When she moved to the U.S., she was drawn to and inspired by U.S. civil rights movements and civil rights law. Congressman John Lewis is one of her heroes. Her disability law specialty came about later in her career.
“I have been disabled for as long as I can remember, but in law school, I was too self-conscious to identify with the disability community or focus on disability law,” she says. “Well into my twenties, I lived my medical experience in secret, hiding my constant procedures and chronic pain from even my closest friends. Finding the disability community and disability law has been pretty life-changing for me in that I can finally be myself. I became an expert in disability law because I had to in order to protect my own rights, but then I realized I loved this area of the law and the people doing this work, and I never left.”
People with disabilities are underrepresented in the practice of law and academia, Macfarlane says. “Not only is there a real need for people with disability law experience, there is also an absolute need for people with disabilities to go into this area of law. Having more disabled people in the practice of law is a readily attainable goal. But the spaces they work in have to be accessible, too, so law schools, courthouses and law firms have to constantly audit their physical spaces and their disability-related policies,” she says.
DLPP As Leverage
DLPP provides a forum to leverage both objectives, Macfarlane says. “I also love that I can expose students with disabilities to this area of law and advocacy and help give them the confidence to exist as a person with disabilities that I didn’t have myself as a law student. And this generation of law students makes me so excited! They understand what access requires. I’m very interested to see what this generation of young people do when they enter the practice of law or when they come into positions like mine.”
A focus on the specialty requires careful monitoring of litigation and Supreme Court decisions to guard against a decline in disability rights, Macfarlane says. She cites a recent attempt to narrow the Americans with Disabilities Act that could allow businesses to forego making their establishments accessible. She finds it concerning that some recent Supreme Court decisions may foreshadow a lowering of America’s commitment to disability rights as well.
That’s why the DLPP’s efforts are essential, Macfarlane says. “I’m always pitching DLPP to students. Disability law is a vital, cutting-edge area of law; it’s always changing. Many of us come to this specialty because we’re fired up about disability rights in our own lives. That’s why I’m so pleased to be here; it’s tremendous that a person with a disability is at the helm of this program.”
