Thanks to the efforts of the Betty and Michael D. Wohl Veterans Legal Clinic (VLC) within the College of Law, hundreds of area veterans have received their benefits or successfully upgraded their military discharge through the pro bono, student-offered legal services since its founding in 2015.
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Professor Nina Kohn Discusses Nursing Home Management Issues with the Denver Post
David M. Levy L’48 Professor of Law Nina Kohn recently spoke with the Denver Post about a Colorado nursing home management company sued by short-term staffing vendors for allegedly failing to pay them. Some of the ownership has changed since the lawsuits.
Nursing homes typically don’t have many discretionary expenses, with most money going toward staffing, said Kohn, an expert on long-term care reform. That makes it particularly important to maintain a reputation for paying on time, because they wouldn’t be able to function if vendors cut them off, she said.
“Even if there is 100% new (ownership) turnover, the reputation may remain,” Kohn said.
The article may be behind a paywall.
Professor Jenny Breen’s Essay “Democracy’s Fundamentals: Efficacy, Equality, and the Supreme Court” Highlighted on the Legal Theory Blog
Professor Jenny Breen’s essay, “Democracy’s Fundamentals: Efficacy, Equality, and the Supreme Court” was highlighted on the Legal Theory Blog. Breen recently posted the essay to SSRN.
This essay identifies two fundamental predicates of democratic rule—efficacy and equality—and examines the decisions of the United States Supreme Court in light of both of those key categories, finding that its recent decisions have been consistently undermining both.
Professor Gregory Germain Provides Analysis of New York State Bill That Seeks to Discredit Trump-Related Pro Bono Work
Professor Gregory Germain spoke with the New York Law Journal about a recently introduced New York State bill that would ensure the state wouldn’t recognize pro bono work “resulting from the Trump Administration’s unlawful extortion of private law firms and attack on the practice of law.”
“The bill does not restrict the provision of pro bono work. It only restricts using the hours spent on pro bono work directed by the federal government for pro bono bar credit,” Germain said. “It’s very hard to know what pro bono work the federal government will direct law firms to perform. It’s very possible that some of the pro bono work directed by the federal government would be traditional pro bono work on behalf of the poor, for example. So the legislation might be over-inclusive.”
The full article may be behind a paywall.
Professor Beth Kubala Answers Questions About Military Retirees at Wallet Hub
Professor Beth Kubala, Director of the Betty and Michael D. Wohl Veterans Legal Clinic, recently answered questions commonly faced by military retirees at Wallet Hub.
She provided guidance on taxes, where to retire, how to pursue a new career, and the VA healthcare system.
When discussing new career opportunities for military retirees, Kubala noted, “Many military retirees I know seek careers that continue to provide meaningful opportunities for public service and personal satisfaction like state or local government, the non-profit sector, and even entrepreneurial endeavors.”
College of Law Celebrates the Class of 2025 Commencement
Syracuse University College of Law recently held Commencement exercises for the Class of 2025. The Class of 2025 includes 208 recipients of the J.D. degree and 24 LL.M. graduates.
Frank Ryan IV ’90, L’94, the Class of 2025 Commencement Speaker, emphasized the need for resilience as graduates step into the legal profession amid a time of complexity and uncertainty. “The finest and greatest professionals, who often are those who seem to be the happiest and most fulfilled in their professional lives,” he explained, “have three core characteristics: (1) they have a growth mindset, (2) they are anti-fragile, and (3) they understand the power of time.”
In his first Commencement address, Dean Terence Lau reminded the Class of 2025 that above the main entrance of the Supreme Court of the United States are the words “equal justice under law.” And yet carved on the back, just as commanding, are the words “justice, the guardian of liberty.”
“These words remind us that liberty is not passive,” he said. “It doesn’t endure on its own. It’s protected and upheld every day by people like you. People who are called to serve justice with fairness, with wisdom, and with compassion. That’s the role of a lawyer. Not just to interpret the law, but to help make it work for everyone and ensure it is accessible and just. And in doing so, you help strengthen the public’s trust in the very foundation of our democracy.”
During Commencement, the J.D. Class of 2025 awarded Associate Professor of Law Laura Lape the Res Ipsa Loquitor Award (voted upon by the graduating class in recognition of a faculty member who has demonstrated exceptional commitment and service to the College of Law).
Associate Director of Academic and Bar Success Lou Lou Delmarsh was awarded the Staff Award (voted upon by the graduating class in recognition of a College of Law staff member in recognition of their support of students and faculty, and their accomplishments that make the College run day-to-day).
The LL.M. Class of 2024 awarded Teaching Professor of Law Richard Risman the Lucet Lex Mundum Award (voted upon by the graduating LL.M. class, it recognizes the professor who has made a significant impact on the success and experiences of LL.M. students during their studies).
Professor Emeritus William C. Banks Discusses the Alien Enemies Act with The Telegraph
Professor of Law Emeritus William C. Banks provided historical background for an article on the Alien Enemies Act in The Telegraph. President Trump has indicated the law’s use for the deportation of immigrants.
For Banks, using the act sent a powerful message to voters.
“The language of the legislation uses the term invasion, and another term, predatory incursion,” he told The Telegraph
“That sounds like language that strikes fear into the hearts of Americans and so on. So it served a very powerful rhetorical purpose when he gave his inaugural address on January 20, and then in a series of executive orders that he promulgated on that day and then several days afterwards,” he said.
“Legally, it has almost certainly no application to the circumstances that the United States now finds itself in. It was written, as you probably have learnt, in the 1790s in anticipation of what was feared to be a coming war with France,” said Banks.
“The Unitary Executive Theory is a Pathway to Autocracy,” says University Professor David Driesen
University Professor David Driesen spoke with Mother Jones for an extensive article on the “unitary executive” theory.
“The unitary executive theory is a pathway to autocracy,” says Driesen, whose 2021 book, The Specter of Dictatorship, details the dangers of centralizing power in a single leader. “In every functional democracy I’m aware of, there is a civil service that can’t be easily fired, and there also are pockets in the government where even the top levels are somewhat independent of the head of state.”
In countries like Poland, Hungary, and Turkey, which have all recently experienced democratic backsliding, Driesen says civil service purges were an early step in the project of replacing the rule of law with autocracy. “The unitary executive theory is important,” he says, because it “legitimates this kind of thing in the minds of the elite.”
“The vision of the founding is that the president was to faithfully execute the law. That’s what the Constitution says,” says Driesen. “That’s what the rule of law is all about.”
Service Is at the Core of the Kubala Family
Some families ski or hike together. Others volunteer in their religious communities or participate in local service projects. The Kubala family, however, serves their country together. In honor of Military Appreciation Month this May, we recognize the extraordinary dedication of the Kubala family, Elizabeth and Michael and their children Zachary, Josh, and Lindsey, who embody the spirit of service across generations. Their decades of commitment were recently honored as they were named the 2024 Onondaga County Military Family of the Year, the first time a military family received this distinction at a ceremony held at the Onondaga County War Memorial.
The Kubala family has close ties to the military, but it also has a long-term connection to Syracuse University and the College of Law. Teaching Professor Elizabeth (Beth) Kubala joined the faculty of the College of Law in 2020 and is currently the executive director of the Office of Clinical Education and the director of the Betty and Michael D. Wohl Veterans Legal Clinic, where she oversees law students assisting local veterans applying for military benefits. She is also the director of Veteran and Military Affairs for the College of Law.
A graduate of the U.S. Military Academy at West Point, Beth received her commission as a military intelligence officer. Later, she was selected for the U.S. Army’s Funded Legal Education Program, where she earned a J.D. and an LL.M. in military law from the University of Missouri-Kansas City. She transitioned into the Army’s Judge Advocate General’s (JAG) Corps, where she served in a number of critical roles, including at the Pentagon. On active duty for 22 years with the Army, her last post was at Fort Drum, north of Syracuse in Watertown, New York, where she served as a JAG officer and then a military judge, retiring with the rank of lieutenant colonel.
But it was Beth’s husband, Michael Kubala, who first brought his family to Syracuse University. After being an Army aviation officer for 25 years, he took a position in 2011 as a professor and chair at Syracuse University’s Department of Military Science, where he was an advisor, mentor, and instructor for the more than 120 students enrolled in ROTC at the University. When he separated from the Army with the rank of lieutenant colonel, he became the compliance coordinator for the Syracuse University Office of Athletics and today is a civilian administrative officer for research and development services at the U.S. Department of Veterans Affairs (VA).
The couple met at Fort Wachau in Kansas and have been married for 31 years. While both serving in the Army, they had three children, all born in different states. Being a military family meant they were separated from their extended family, but it also meant they operated as a tight-knit team as they moved from place to place.
“Military kids are resilient,” Beth says. “I think our kids saw the importance of military life and how rewarding it can be, and I am proud that my husband and my service has left a positive impression on them. I don’t think any of us would trade the time or adventures we’ve had as a military family for anything.”
The Kubala children respected the sacrifices their parents made and came to see the military as an extension of their own family, no matter where they lived. They learned the importance of helping others, both through their parents’ service and as some of the thousands of family members around the world who support the U.S. military in countless ways. The Kubala children grew up with those values instilled in them, and it is something they continue to live by today.
Oldest son Zachary Kubala ’21 recently completed four years as a battalion supply officer in the Army at Fort Riley Kansas. Zachary attended Syracuse University on a scholarship through the Army’s ROTC program, earning a bachelor’s degree from the College of Engineering and Computer Science in aerospace engineering.
Josh Kubala ’26 is currently a junior majoring in political science at the Maxwell School of Citizenship and Public Affairs with a minor in business through the Whitman School of Management. He is also a member of the Syracuse University football team and enrolled in the Army’s ROTC, from which he received a full scholarship.
“It felt natural for me to pick up ROTC, as I grew up in a home of teamwork, discipline, and hard work,” says Josh. “I wanted the challenge of someday becoming an Army officer. Hopefully, I can branch out into aviation one day and fly helicopters like my father, but I’m also considering military intelligence.”
The youngest, Lindsey Kubala ’28 (VPA), is in her first year at Syracuse University, studying environmental and interior design at the College of Visual and Performing Arts. While Lindsey may not serve in uniform, she is able to attend Syracuse University through her parents’ GI Bill benefits and serves as a VA work study student in the Office of Veteran Success.
Beth and Mike Kubala are proud to have served their country and see how their family has grown together to respect the work of the military and continue actively helping veterans. As for the award, the entire family is proud but takes it in stride.
“The award is obviously wonderful, but, more importantly, it speaks to how our parents raised us,” says Josh. “Today they are both working in the civilian world but doing so in ways that are still giving back to the military community. They’ve led us by example, and my hope is that this award will inspire others to do the same.”
Professor Gregory Germain Discusses Public Comments Made in the Luigi Mangione Murder Trial
Professor of Law Gregory Germain spoke with The Guardian for the story “Judge cautions prosecutors in healthcare exec murder trial to refrain from public comments.” The Judge in Luigi Mangione’s murder trial recently pointed prosecutors to a district court policy barring lawyers on both sides from making “public commentary that could impede Mr. Mangione’s right to a fair trial”.
It is hard to say exactly when out-of-court statements by public figures might have an impact.
“The rules are vague enough that it’s hard to know when they cross the line,” said Germain.
“What the judge did is what judges usually do if they think they’re getting close to the line: they admonish them and remind them of their obligation,” he said. “They hope then that the prosecutors will behave themselves and not try the case in front of the public, but try the case in the court and not impair the defendant’s right to a fair trial.”