Professor Katherine Macfarlane is a presenter at the Disability Rights Bar Association Annual Baltimore Conference on March 27. She is speaking on the Disability Rights and Higher Education session.
Macfarlane, Director of the College of Law’s Disability Law and Policy Program, will discuss her article, The Higher Education Accommodation Mistake, which appears in the Georgetown Law Journal.
Crandall Melvin Professor of Law Shubha Ghosh recently participated in the Missouri Law Review “The Defend Trade Secrets Act at 10” symposium.
Ghosh, Director of the Syracuse Intellectual Property Law Institute, was a Commentor during the first paper session which questioned the power of the Defense Trade Secrets Act (DTSA) through the lens of reverse engineering restrictions, examined the circuit split over pleading standards for trade secret litigation, and analyzed how the readily-ascertainable bar to trade secrecy should be interpreted under the DTSA.
Crandall Melvin Professor of Law Shubha Ghosh presented “AI Your Agent or Your Principal” at the Law of What Comes Next workshop at Jesus College Cambridge. The conference examined the intersection of law and Artificial Intelligence (AI) and the law’s ability to adapt and react as AI rapidly transforms society.
E.I. White Chair and Distinguished Professor of Law Robin Paul Malloy will participate on the Why Adam Smith Still Matters: 250 Years of The Wealth of Nations” webinar panel discussion on March 9 at Noon EST.
Joining Malloy on the panel are Dr. Maria Pia Paganelli, Professor of Economics, Trinity University and Dr. Vernon L. Smith, Professor Emeritus, George Mason University. Dean Reuter, Executive Vice President, The Federalist Society, will be the moderator.
Register here for the webinar.
Published in the same pivotal year as the Declaration of Independence, Smith’s influential book An Inquiry into the Nature and Causes of the Wealth of Nations provided the intellectual scaffolding for the American experiment in ordered liberty.
Malloy is the author of Law and the Invisible Hand: A Theory of Adam Smith’s Jurisprudence (Cambridge, 2021) and has written several law review articles on Adam Smith.
Crandall Melvin Professor of Law Shubha Ghosh has contributed the article “Paramount-WBD Deal Would Widen Net For Antitrust Scrutiny” to Law360.
Ghosh writes, ”On Feb. 6, the U.S. Department of Justice announced that it would widen its inquiry into Netflix Inc.’s proposed acquisition of WBD. The Netflix-WBD deal raised concerns for antitrust enforcers. These concerns are exacerbated for the Paramount-WBD combination. There’s no doubt the DOJ will continue its scrutiny of mergers between these two dominant media companies.
What justifies the extended investigation are several uncertain issues raised by this merger. Some of the uncertainty is like what arises in any merger. But other sources of uncertainty are unique to content creation and distribution markets.”
Distinguished Professor of Law Nina Kohn has helped lead a successful effort to reform the American Bar Association (ABA) Model Rule of Professional Conduct (MRPC) 1.14, which addresses how lawyers work with clients with decision-making limitations.
For more than a decade, Kohn has been working to make the case for reforming MRPC 1.14 through her scholarship and public service work. More recently, she helped lead a group of ABA leaders and legal experts, including other academics, judges, and practicing attorneys, to consider reforms and draft an improved rule. The reformed rule was adopted by the ABA House of Delegates at the ABA’s recent midyear meeting.
“The old ethics rule was both confusing to attorneys and provided them with insufficient guidance on how to deal with the thorny ethical issues that frequently come up when representing a client with cognitive capacity challenges,” Kohn explains. “Worse yet, it inadvertently encouraged some lawyers to make some bad calls when working with clients with cognitive disabilities, while leaving lawyers doing the ‘right thing’ by clients with such disabilities having their conduct questioned—or even threatened with disciplinary action.”
Kohn describes the new rule as “a major step forward for individuals with actual or perceived cognitive disabilities, and others with decision-making limitations, including minors,” said Kohn. “It will also be a terrific boon to lawyers who represent them.”
Kohn predicts that the new ethics rule will be particularly helpful to individuals subject to guardianship or conservatorship. As Kohn explained in a recent Forbes article, the revised provisions “clearly state that lawyers may ethically represent individuals subject to guardianship or conservatorship who wish to challenge or modify that arrangement”—something that courts have sometimes not appreciated.
Other key aspects of the reformed rule include:
More detailed information on these topics can be found in this article, co-written by Kohn and Charlie Sabatino, Aging and Law Consultant and Former Director of the ABA Commission on Law and Aging.
Kohn also wrote about the implications of the new ethics rule at Forbes.com.
College of Law Distinguished Professor Nina Kohn, along with co-author Charlie Sabatino, Aging and Law Consultant, Former Director of the ABA Commission on Law and Aging,
have contributed the article, ”ABA Considers Important Changes to Its Ethics Rule Governing Representation of Clients with Decision-Making Limitations” to the American Bar Association’s Commission on Law and Aging publication Bifocal.
In February 2026, the ABA will consider proposed revisions to Model Rule of Professional Conduct (MRPC) 1.14, the ethics rule governing representation of clients who—by reason of cognitive disability, substance use, youth, or something else—have challenges making reasoned decisions.
In their article, Kohn and Sabatino outline several problems with the existing rule and how the proposed new rule would address them:
Several College of Law deans and professors were panelists, moderators, and discussants at the 2026 American Association of Law Schools Annual Meeting in January 2026.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane
moderated the Law Professors with Disabilities and Allies Managing Disability: From Academic Job Searching Through Tenure, Promotion, and Beyond panel.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane moderated the Law Professors with Disabilities and Allies Works-in-Progress discussion.
Professor Mary Szto was a speaker on the AALS Hot Topic Program Beyond NextGen.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane was a commentor on the Law, Medicine and Health Care Section Works-in-Progress program.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane was a speaker from a call for papers on the Disability Law Section Program.
Professor Mary Szto was a moderator on the East Asian Law and Society Pedagogy Program.
Assistant Dean for Advancement Melissa Cassidy was a speaker on the Institutional Advancement session.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane was a speaker from a call for apers on the Women in Legal Education Special Program.
Dean Terence Lau L’98 was a speaker on the Pre-Law Education and Admission to Law School Section Program.
Associate Dean of Students and Professor Kelly Curtis presented at the “Fostering Impact and Resilience: Institutional Academic Support for Law Students and ASP Faculty” Academic Support session.
Associate Dean for Faculty Research and Professor of Law Kristen Barnes was a speaker on the International Law Pedagogy Program.
Syracuse University Chancellor and Professor of Law Kent Syverud was a speaker on the Advanced Workshop for Experienced Deans – Post-Decanal Opportunities: Seeking a Presidency of a College of University program.
“Private Deed Restrictions and Disability”
This December I was contacted by a woman, let’s call her Jackie (not her real name). Jackie was in a dispute with a neighbor. The dispute involved Jackie’s placement of a deck and a wheelchair ramp along the side of her house in between her house and that of her neighbor. The ramp allowed Jackie to have easy and safe access to an entrance to her home, and a deck enabled her to enjoy her side yard. The issue with the neighbor arose because the width of the ramping and deck came within two feet of the neighbor’s property line, and the neighbor’s house was built very close to that line. The neighbor tried to block the installation of the deck and ramp.
Typically, these disputes involve compliance with public zoning regulations, but in this case the point of contention was a private restriction in the deed to Jackie’s property. At one point, Jackie’s land and that of her neighbor had been one parcel. When a portion of that parcel was sold to Jackie, a deed restriction in Jackie’s deed was included that prohibited Jackie from building any structure within 15 feet of the property line that separates her from the now complaining neighbor.
This posed an interesting problem. Jackie went to the zoning board to obtain a permit and applied for a variance because the zoning code also had certain property line setback requirements that would be violated by the size and width of the deck and ramping. Jackie received an exception to the zoning code and a permit to build based on her disability and the granting of a reasonable accommodation under Title II of the ADA. Based on the permit, Jackie added her deck and ramp. However, in her case, the neighbor objected, properly pointing out that while a public zoning board can adjust public land regulations, it has no authority to adjust a private restriction contained in a deed. The deed restriction can be enforced by the neighbor unless the neighbor voluntarily consents to waive the restriction. The neighbor sued for removal of the deck and ramp.
Even though she has a disability, Jackie does not have a remedy or a defense against her neighbor under the ADA because the ADA Title II does not apply directly to this private deed restriction. ADA Title II applies to programs, services, and activities of state and local government. This means it applies to everything that a planning and zoning office might do in regulating land uses. It does not apply to purely private land restrictions. However, Jackie does have a remedy under the Fair Housing Act (FHA). Under the FHA, Jackie can sue her neighbor for violating her right to a reasonable accommodation with respect to the private deed restriction. Jackie had formally requested a reasonable accommodation from her neighbor to permit the building of the ramp and deck. The neighbor said no. The neighbor must consider the request in terms of is it reasonable (does it impose an undue financial or administrative burden), are the deck and ramp necessary to address the disability so that Jackie can enjoy her property in a way similar to others without a disability, and does granting the accommodation fundamentally alter the ability to use the property. Of course, while not determinant, the conclusion of public zoning officials in favor of issuing a permit provided some evidence of reasonableness on the matter. Nonetheless the case must be made, and a decision is reviewable in court.
Jackie referred her case to the Department of Housing and Urban Development (HUD) alleging discrimination by the neighbor for failure to grant her a reasonable accommodation. This is one path to consider when seeking to address such matters. HUD agreed to take up the matter. This way the case is handled by HUD and Jackie does not have to take the neighbor to court on her own. Failure by the neighbor to grant a reasonable accommodation is actionable discrimination under federal law.
The lesson here, is that private deed restrictions must comply with our disability laws. Just because a land regulation is created under private law, as opposed to public land use and zoning law, does not mean that disability law is inapplicable. Even when the ADA does not apply, the FHA accomplishes the same outcome in many situations.
(A version of this article appeared in the Jan. issue of The Republican Newspaper, Danville, IN – serving Hendricks County)
Several College of Law deans and professors will be panelists, moderators, and discussants at the 2026 American Association of Law Schools Annual Meeting, Jan. 6 – 9 in New Orleans, LA.
Associate Dean of Students Kelly Curtis is the recipient of the Section on Academic Support Impact Award.
January 6
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane
Section: Law Professors with Disabilities and Allies, Sponsored by Disability Law and Law and Mental Disability
Event: Managing Disability: From Academic Job Searching Through Tenure, Promotion, and Beyond
Event Role: Moderator
1:00 PM – 2:15 PM
Room: Grand Salon Section 3
This panel pairs section members who are new to the academy or to the section with experienced discussants who provide constructive feedback in an informal, supportive setting.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane
Event: Section Works-in-Progress
Event Role: Moderator
2:35 PM – 3:50 PM
Room: Grand Salon Section 3
This discussion-style panel, titled “Managing Disability: From Academic Job Searching Through Tenure, Promotion, and Beyond,” brings together junior, mid-level, and senior law faculty to examine the unique challenges and opportunities individuals with disabilities face at all stages of their academic careers. Panelists will discuss topics such as navigating the academic job market; requesting and securing accommodations during the search, interview, and onboarding processes; and managing disability during the pre-tenured, application for promotion, and post-tenured time periods. Panelists will share their insights relating to building scholarly, teaching, and service networks; managing time and energy; and advocating for necessary support systems to ensure equal opportunity. The continued need for academic institutions to move beyond minimal ADA compliance—towards truly inclusive and equitable spaces for all faculty—will be a theme throughout.
Section: AALS Hot Topic Program
Event: Beyond NextGen
Event Role: Speaker
2:35 PM – 3:50 PM
Room: Canal
The bar exam is changing. Whether through the NCBE’s launch of the NextGen exam or the double-digit number of states considering the adoption of non-bar exam pathways to licensure, the world of attorney licensure is experiencing a significant reform period. This discussion brings together licensure experts from all corners of the country for a critical discussion about the need and effectiveness of that reform.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane
Section: Law, Medicine and Health Care
Event: Section Works-in-Progress
Event Role: Commentator
4:10 PM – 5:25 PM
Room: Grand Salon Section 16
Emerging Issues in Law, Medicine, and Health Care. In this panel, junior scholars, selected through a blind review process, will present works-in-progress and receive feedback from senior scholars and from the audience.
January 7
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane
Section: Disability Law, Sponsored by Civil Rights and Education Law
Event: Section Program
Event Role: Speaker from a Call for Papers
2:35 PM – 3:50 PM
Room: Grand Salon Section 4
The many present attacks on the enforcement of civil and disability rights laws provide us with an opportunity to reflect on the history and impact of these statutes and to consider challenges and possibilities ahead. This panel will consider, among other questions, how the present dismantling of civil rights laws and agencies will impact the enforcement of statutes like the IDEA, Section 504, and Title VI of the Civil Rights Act of 1964 and the lives of the people those laws and agencies were created to protect.
January 8
Section: East Asian Law and Society, Sponsored by Comparative Law, Global Engagement, International Law, and Post Graduate Legal Education
Event: Section Pedagogy Programs
Event Role: Moderator
8:00 AM – 9:15 AM
Room: Grand Salon Section 4
Legal education in the United States is being hit with geopolitical challenges on many fronts: military conflicts around the globe, trade and tariffs disruption, domestic immigration restrictions and removals, an AI arms race, and rising authoritarianism, among others. U.S.-China relations and the broader East Asian region are a key part of these dynamics. This panel will explore how we are seeing these external challenges play out within our institutions and what we in legal academia can do to chart a positive path forward.
Assistant Dean for Advancement Melissa Cassidy
Section: Institutional Advancement
Event Role: Speaker
8:00 AM – 9:15 AM
Room: Churchill D
Join us for a dynamic session highlighting effective stewardship practices across our community. We’ll explore innovative approaches to stewarding small gifts, integrating AI, engaging academic leadership, and elevating donor experiences—from first-time supporters to major gift donors. Come ready to share, learn, and be inspired by creative solutions and real-world examples.
Professor of Law and Director, Disability Law and Policy Program Katherine Macfarlane
Section: Women in Legal Education, Sponsored by Disability Law, Employment Discrimination Law and Law Professors with Disabilities and Allies
Event: Special Programs
Event Role: Speaker from a Call for Papers
9:35 AM – 10:50 AM
Room: Grand Salon Section 3
Women remain underrepresented in influential positions in the legal academy. Visible and invisible status lines and distinctions within and outside of the academy have historically been defined by and through prisms of both discrimination and harassment. These status lines and distinctions bear directly upon career progression and one’s personal sense of safety. They create and, once brought to light, help to explain persistent inequality. This panel will explore harassment and bullying and the wide range of behaviors that constitute them, ranging from more readily recognizable forms of unwelcome conduct such as unwanted sexual advances, comments, gestures, and physical contact, and actions or statements that are obviously threatening, to more subtle or insidious forms of harassment and bullying, such as instances where a staff member’s helpfulness are mistakenly interpreted as interest or where a faculty member engages in alleged consensual sexual relationships with students. In so doing, the panel will employ the framework of intersectionality in analyzing varying forms and examples of harassment and bullying. The panel also may explore the role of institutional policies and practices in perpetuating harassment or bullying as well as the challenges and obstacles that status differences may create in terms of reporting and addressing these harms.
Section: Pre-Law Education and Admission to Law School
Event: Section Programs
Event Role: Speaker
1:00 PM – 2:15 PM
Room: Grand Salon Section 13
The financial aid landscape is rapidly changing. This session will provide research and policy advice to help institutions and different constituents prepare for the new financial aid structure. Research and policy experts will share updates on recent developments and the effect on law school admissions, financial aid, development, and business offices. A law school dean and CFO will discuss institutional impacts and considerations. This session is designed to provide practical advice for navigating a new federal financial aid landscape.
Associate Dean for Faculty Research and Professor of Law Kristen Barnes
Section: International Law, Sponsored by International Human Rights, Law in the Americas, and National Security Law Session
Event: Section Pedagogy Programs
Event Role: Speaker
4:10 PM – 5:25 PM
Room: Churchill B1
January 9
Chancellor and Professor of Law Kent Syverud
Section: Advanced Workshop for Experienced Deans – Post-Decanal Opportunities: Seeking a Presidency of a College of University
Event: Resume
Event Role: Speaker
8:30 AM – 10:00 AM
Room: St. James Ballroom
