In the News

Professor Gregory Germain spoke with Distinguished Visiting Lecturer David Cay Johnston for an article on bankruptcy options for former President Trump.

Professor Gregory Germain spoke with Distinguished Visiting Lecturer David Cay Johnston for an article on bankruptcy options for former President Trump.

In the DC Report article “Trump’s Legal Delay Tactics Will Lead To Further Self-Destruction”, Germain says what Trump can achieve in bankruptcy is delays, but almost certainly not escaping paying, assuming he has the assets to fulfill the judgments against him.

Germain notes that Trump could put his company, the Trump Organization, into bankruptcy, but that would not help him because he is personally liable as the sole owner for the judgments in all three cases.

Professor Shubha Ghosh Discusses Legal Issues Around Removing Explicit Images Online

Crandall Melvin Professor of Law Shubha Ghosh, Director of the Syracuse Intellectual Property Law Institute, recently spoke with Spectrum News on the legalities of having explicit images, both juvenile and adult, removed from online platforms.

Ghosh doesn’t believe current laws go far enough in providing recourse for victims. “I think the law should give people private cause of action to go after revenge porn. The law should also put some requirements or restrictions on social media providers to try to prevent this from happening…just to rely on industry regulation alone probably would not do enough,” says Ghosh.

Professor Ghosh also spoke with WGN Radio on the same topic, starting at the 37 minute mark.

Professor Paula Johnson on Unresolved Civil Rights-era Killings: “There wasn’t a Commitment to Solving the Cases.”

Professor Paula Johnson, Director of the Cold Case Justice Initiative, spoke with Bloomberg Law News for the article “Civil Rights Era Killings Draw New Scrutiny, Scant Prosecutions.” Johnson, who studies racially motivated killings of the Civil Rights era, summarizes that the lack of justice for victims and their families is that “there wasn’t a commitment to solving the cases.”

“That’s why we’re still talking about racially motivated killings of the civil rights era because they didn’t get the full treatment they should have gotten,” she said. “As each year and each decade goes by, that becomes more and more difficult.”

This article may be behind a paywall.

Professor Shubha Ghosh Discusses Legal Strategies in the Taylor Swift Deepfake Porn Issue

Professor Shubha Ghosh, Director of the Syracuse Intellectual Property Law Institute, discussed with The Street the legal options for Taylor Swift in the recent Deepfake porn issue.

According to Ghosh, the first legal step is “identifying the right set of defendants to bring the possible claims against.” In theory, Ghosh said, “she could raise defamation suits against the AI software company and people who shared the image.”

Professor Arlene Kanter on the Dunkin’ Donut Discrimination Lawsuit

Professor Arlene Kanter, the Founding Director of the Disability Law and Policy Program, recently spoke with NBC News Now about a lawsuit against Dunkin’ Donuts that claims the company discriminates against customers with milk allergies by charging them more for non-dairy alternatives. The lawsuit seeks remedy under the Americans with Disabilities Act (ADA).

“People who have chronic conditions, such as lactose intolerance or food allergies, if they are substantially limiting the ability to eat or function day to day, they are considered disabilities under the act,” says Kanter.

She adds, “They offer sweeteners that are not sugar and decaffeinated coffee. To single out a non-dairy alternative is discriminatory.”

Professor Robert Nassau on the IRS’s Pilot Free Online Tax Filing Program: “It’s one more option for free tax preparation, and hopefully people will take advantage of it.”

Professor Robert Nassau, Director of the Sherman F. Levey ’57, L’59 Low Income Taxpayer Clinic, spoke with the Associated Press about the IRS’s pilot program to provide a free online tax filing service.

The IRS Direct File program is being tested in 12 states this year as an alternative to commercial tax preparation software.

“I really hate to see lower-income people giving money to paid preparers,” Nassau says. “I get angry about it.”

Professor Shubha Ghosh Explains the Kat Von D Tattoo Copyright Verdict

Crandall Melvin Professor of Law Shubha Ghosh commented to the New York Times on the verdict handed down in the copyright trial of tattoo artist Kat Von D, who was sued by a photographer for using his photo as the basis for a customer’s tattoo. The jury ruled unanimously in favor of Von D that her work did not violate copyright law.

Ghosh, Director of the Syracuse Intellectual Property Law Institute, said, “The idea behind fair use is that creative works build upon other creative works.”

Professor Arlene Kanter Discusses Whether Charging More for Non-Dairy Milk to Lactose-Intolerant Customers Violates the Americans with Disabilities Act

Reacting to a class action lawsuit brought against Dunkin Donuts where the store charges more for non-dairy milk, Professor Arlene Kanter sees this as a strong case for discrimination under the Americans with Disabilities Act (ADA). She is quoted in the NBC News article “Is that extra charge for nondairy milk discrimination? A lawsuit challenges Dunkin’ Donuts’ fees.”

“If a person qualifies as a person with a disability, and they’re entitled to an accommodation or modification — which in this case looks pretty simple as nondairy milk — they cannot be charged extra,” says Kanter, adding that allergies and intolerances can be a disability if they substantially limit a major life activity.

Professor Gregory Germain Discusses Personal Loans with Wallet Hub

Professor Gregory Germain recently answered questions about personal loans at Wallet Hub. He discussed tax implications, recommended uses for a personal loan, and the pandemic’s impact on personal loans.

When asked about what happens if you have trouble paying back a personal loan, Germain said “First, you have to cut back your living expenses and develop a plan to pay off your debts as quickly as possible. This is not easy. It requires you to recognize that you got into this situation by living above your means, and that things have to change. If you are so far in debt that you cannot economize out of the situation, you need to consider filing bankruptcy and starting over, if you are eligible for a discharge in bankruptcy. But bankruptcy will be only a temporary measure if you do not change your living and spending habits. Ultimately you have to earn more than you spend, and make prudent financial decisions, if you want a future of financial freedom, security and prosperity.”

Professor Kat Macfarlane’s Paper, Disability Without Documentation, Cited in Psychology Today Article

The Psychology Today article “How Suspicion Feeds Stigma Against Neurodivergent People” cites Professor Kat Macfarlane’s Fordham Law Review paper “Disability Without Documentation.”

Macfarlane, the director of the Disability Law and Policy Program, notes in her paper that the Americans With Disabilities Act (ADA) never intended to require medical documentation to gain accommodations.