Distinguished Visiting Lecturer David Cay Johnston was recently interviewed by Salon about the verdict in the Donald Trump business fraud case, his sentencing, and the upcoming election, among other related topics.
Regarding sentencing, Johnston says:
“Donald Trump can bring his lawyers and they can certainly try to moderate what he says in the pre-sentencing interview. But the pre-sentencing report prepared by a probation officer will likely not contain anything new in terms of who Donald is or anything the judge doesn’t know. What it will provide the probation officers with is opportunity to judge whether he can even fake contrition, and that’s where Trump has an irresolvable problem. Roy Cohn taught him that if law enforcement comes after you then you attack them. They are corrupt. They are dishonest. You are as pure as the fresh fallen snow. Never, ever give an inch. You are perfect. Well, that’s not going to work with the probation officer and Judge Merchan. But that approach will work with Trump cult followers and too many other members of the public.
I think the meeting with the pre-sentencing probation officer is an opportunity for Trump to manipulate, but it’s also a high risk that he will just dig himself further. At the sentencing hearing, if the judge calls on Trump to speak, I think there’ll be a real crisis for him. He will know that he can’t apologize. Trump cannot say “I was wrong.” All he can do is attack the judge, and that’s an invitation to a longer sentence. That’s how the system is supposed to work. If you refuse to acknowledge and take responsibility for wrongdoing, you’re sure to get a longer tougher sentence than somebody who says, “Yeah, I screwed up, and I recognize that now.”
I will be surprised if Judge Merchan does not give Trump some time behind bars. That could be the absolute minimum of 30 days. More likely, it may be much longer up to the four-year maximum.”
Syracuse native and first-year law student Luke Overdyk ’22 (FALK), L’26, has had an appreciation for the environment for as long as he can remember. He attributes that to his parents taking him and his three brothers on hikes, enjoying nature documentaries on family movie nights and instilling an appreciation of the beauty of Central New York.
“Although I was interested in sports, I found myself more excited about my environmental classes,” he says. Overdyk met Payton Sorci L’22, who was studying at Syracuse University College of Law at the time. Both had common interests in sports and giving back to the community, and soon Sorci became a friend and mentor who further encouraged Overdyk to study law as a way to combine his interests.
Overdyk took a sports law class at Falk and later merged his interests in the environment for his senior Capstone, working at Syracuse University’s Sustainability Office as an intern for the Atlantic Coast Conference (ACC) Sports Sustainability Team. There, he worked with other ACC schools to learn how they developed processes to reduce emissions and limit waste for their athletic programs.
Luke walks on campus in a vintage Syracuse University sweater that once belonged to his grandfather and College of Law alumnus, Bernard Mahoney L’69.
Ultimately, he decided he wanted to go to law school, but not just any law school—Syracuse University College of Law. It was the only place he applied to, and he is proud to be the third generation of his family to attend.
”I wanted to be like my mom, and a law degree resonated with me,” he says. “And, of course, my dad, who is an engineer, has also been tremendously supportive of my career decisions.” (Overdyk’s mom, Joanie Mahoney ’87 (WSM), L’90, is president of SUNY ESF and a former Onondaga County executive. His late grandfather, Bernard Mahoney L’69, was a Syracuse Common Councilor and member of the New York State Assembly.)
Luke poses proudly with his mom, Joanie Mahoney ’87, L’90 during orientation at the College of Law.
“My mom taught me to have the confidence to just ‘go for’ things…She credits Syracuse Law with teaching her to problem solve throughout her career, and I know that wherever I end up, law school will have taught me relevant skills.”
Luke Overdyk ’22 (FALK), L’26
On his first official visit to the College of Law as an admitted student, Luke hangs back from the building tour to snap a photo of his mom from one of the graduation composites hanging on the walls of the second floor of Dineen Hall.
“My mom taught me to have the confidence to just ‘go for’ things. And, she has taken a lot of the heaviness out of the parts of law school that can be daunting, starting with taking the LSATs,” Overdyk says. “She credits Syracuse Law with teaching her to problem solve throughout her career, and I know that wherever I end up, law school will have taught me relevant skills.”
On Overdyk’s first day of law school orientation, he sat next to Austin Dewey L’26. “We talked about how we both loved pick-up basketball and were interested in environmental law, and we quickly decided to create a club for other law students who cared about the planet,” he explains. “While we were a bit overwhelmed during our first semester as 1Ls, we hit the ground running the second semester, and the Environmental Law Student Association (ELSA) recently had its first meeting. We are fortunate to have Professor David Dreisen as the club’s faculty advisor, as he is a distinguished environmental law expert.
“Our region’s challenges actually create very positive opportunities for change, which is so important as they pertain to the environment, economic interests and the people who live here.”
Luke Overdyk ’22 (FALK), L’26
Both Overdyk and Dewey want it to be “the coolest club on campus,” and an inclusive organization that can closely examine issues through discussions with government leaders, scientists and others who can speak on the many ways our society interacts with our natural environment, particularly within the Syracuse community. Overdyk is well aware that his hometown of Syracuse has some unique environmental challenges, including a history of pollution in nearby Onondaga Lake, ongoing lead abatement problems in the community and issues surrounding the environmental impact of the reconstruction of Route 81, which intersects the city.
“Our region’s challenges actually create very positive opportunities for change, which is so important as they pertain to the environment, economic interests and the people who live here,” he explains.
Luke and Professor David Driesen stop to greet each other as they pass on campus.
As his first year of law school draws to a close, Overdyk is confident in his decisions to pursue the law and co-found a new club on campus. This summer, he will work at the Onondaga County District Attorney’s Office, while also training for the New York City Marathon in November to raise money for the World Wildlife Fund.
Luke and classmate, Austin Dewey L’26 take a photo together after running a marathon in Philidelphia.
“Syracuse University has an important role to play in the greater community, and I try to be a positive advocate for that. I have made so many great friends in law school, and I like introducing them to all that our city has to offer, as well as the natural beauty around us. I’m hoping they’ll see it the same way I do,” he says. “In the meantime, I’m going to pursue my interests and take advantage of all that the law school has to offer, while taking the next two years to figure out where my career path might lead. I’ve been lucky to grow up in Syracuse— and grateful to attend Syracuse University and Syracuse Law.”
Burton Blatt Institute Chairman and University Professor Peter Blanck’s 2nd edition of “Disability Law and Policy” was released in honor of the 34th Anniversary of the Americans with Disabilities Act (ADA). “Disability Law and Policy provides an overview of the themes and insights in disability law. It is a compelling compendium of stories about how our legal system has responded to the needs of impacted individuals.
The year 2025 marks the 35th anniversary of the ADA, celebrated on July 26. During the past three decades, disability law and policy have evolved dramatically in the United States and internationally. “Walls of inaccessibility, exclusion, segregation, and discrimination have been torn down, often brick by brick. But the work continues, many times led by advocates who have never known a world without the ADA and are now building on the efforts of those who came before them,” says Blanck, a professor at the College of Law.
Lex Frieden, an internationally distinguished disability rights scholar and advocate and former Chairperson of the U.S. National Council on Disability, writes in the Foreword to Blanck’s book: “In 1967, I survived a head-on car crash. When I woke up, I was paralyzed from the shoulders down. . . . My story is one of many in the modern disability rights movement. In ‘Disability Law and Policy,’ Peter Blanck retells my story, and the personal experiences of many others living with disabilities, in a master tour of the area. Peter is a world-renowned teacher, researcher, lawyer, and advocate. He has been central to the modern sea change in disability civil rights . . . ‘Disability Law and Policy’ should be read by all of us—people with the lived experience of disability and their advocates, parents, family members, and friends.”
Blanck says that “a new generation of people with disabilities, building on the efforts of Lex Frieden and many others, families, friends, advocates, and supporters, is stepping forward. As a guiding beacon, disability law and policy offer hope of a future in which all people, regardless of individual difference, will be welcomed as full and equal members of society.”
“Disability Law and Policy” is published by Foundation Press and is available from West Academic.
Syracuse Law has named Teaching Professor Beth Kubala as Executive Director of Clinical Education. In this capacity, Kubala will lead the clinical faculty in expanding offerings as envisioned by our strategic plan, elevating activities of the clinics within the College of Law, and collaborating with community partners to identify areas that need support in access to justice in Central New York.
In addition, Kubala is the newly established director of Veteran and Military Affairs for the College of Law. She will continue to direct the Betty and Michael D. Wohl Veterans Legal Clinic, where she has enthusiastically supported clinical legal education and innovated new partnerships and opportunities to enhance both the student experience and the delivery of legal services.
“Since joining the clinical faculty, Beth has served as a valued supporter of our veteran and military-connected students at the College of Law. Beth has been instrumental in growing our ranks of veteran and military-connected students, bringing in scholarship opportunities, and connecting them to resources and opportunities through the Office of Veteran and Military Affairs and the D’Aniello Institute for Veterans and Military Families. Beth has also assisted many students in their pursuit of careers as military Judge Advocates,” says Dean Craig Boise.
A recent American Bar Association (ABA) Law Student Podcast featured Professor Roy Gutterman L’00 discussing the First Amendment rights of college students. Gutterman was interviewed by Professor Todd Berger, the podcast host, along with current student hosts Leah Haberman and Chay Rodrigues.
Gutterman, the director of Syracuse University Newhouse School’s Tully Center for Free Speech, discussed the history of free speech law, different aspects of free speech, and what law students should know about current campus events as interpreted through the existing legal frameworks.
The Syracuse University College of Law is proud to announce that the Certificate of Advanced Study (CAS) in National Security and Counterterrorism Law is now available to students enrolled in the hybrid/online JDinteractive program. Administered through the Institute for Security Policy and Law (SPL), this innovative program offers an interdisciplinary approach to critical issues in national security, counterterrorism, and related fields.
The CAS in National Security and Counterterrorism Law offers numerous benefits to students interested in pursuing careers in national security and counterterrorism. The interdisciplinary curriculum spans multiple disciplines, equipping students with the skills to determine applicable legal rules, locate and evaluate research materials specific to national security, and solve security problems requiring cross-disciplinary solutions. The program covers a broad range of subjects, including:
National Security: Federal law, international law, operational law, geopolitics, foreign policy, defense strategy, humanitarian interventions, and emerging technologies.
Counterterrorism: Legal definitions of terrorism, intelligence collection, surveillance, privacy, prosecution of terrorists, and countering violent extremism.
Cybersecurity: Legal, policy, and technical aspects of cybersecurity, cyber espionage, computer crimes, countering cyber threats, critical infrastructure, and artificial intelligence.
Humanitarian Law: International law, human rights law, laws of war, refugee law, postconflict reconstruction, special courts, and alternative justice.
Professor Shannon Gardner, associate dean of online education, says “This certificate program underscores our commitment to providing comprehensive and flexible legal education to our JDinteractive students. It equips them with specialized knowledge and skills essential for careers in national security and counterterrorism along with an advanced credential that gives them an advantage in this job market. Syracuse Law continues to lead the way in online legal education, preparing students for the demands of 21st-century lawyering.”
Professor Gregory Germain recently provided information on student checking accounts to Wallet Hub. He provided guidance on the different types of accounts, what students should look for in a checking account, and advice on alternatives.
In summary, Germain says “It is all about fees and charges, and convenience. Nothing else really matters. That is why I recommend a free checking account at an institution nearby to keep very small balances linked to an online institution that pays higher rates. But in all cases, you have to understand what is free and what you will be charged for. Annual fees, ATM charges, and high check printing costs should be avoided.”
Germain said he wondered whether the statute of limitations might apply to the underlying – and uncharged – crimes that made falsifying business records a felony.
“I could imagine a court saying that you can’t put together two or three” misdemeanors that are beyond the statute of limitations and turn them into a felony that hasn’t reached that time limit, he said.
“It’s such a complex, convoluted case I think he has good grounds for appeal which is not to say I think what he did here was moral or ethical…but whether he broke the law in a way that isn’t barred by the statute of limitations, its very hard to find that,” says Germain.
When asked about the possibility of the case going to the U.S. Supreme Court, Germain said “I think if the judge sentences him to prison, it might get to the Supreme Court. Imprisoning one of the major candidates during an election raises difficult questions.”
“I don’t think Trump will be given a prison sentence, because that would create a constitutional crisis and a slew of appeals and habeas corpus challenges, and a mess for the judicial system in trying to deal with prisoner Trump,” he said.
Professor Lauryn Gouldin recently spoke with KNX Radio (Los Angeles, CA) on the federal charges against Hunter Biden. He faces two false statement changes and a possession charge in violation of a federal statute that forbids drug users or people with addiction from possessing firearms.
“One of the things that make this an easy case for prosecutors is that there is a signed form that they want to use to prosecute him. When I think of the strategies for the defense, I see that Biden’s defense attorneys seem to be raising questions about who had actually filled out the form in question. I am not sure where that will go,” says Gouldin. “Some of it may turn on what it means under the statute to be an addict or user so there may be some effort to argue that he didn’t know that he would fit those definitions. His memoir and text messages are part of the prosecution’s case against him. I think it’s an uphill battle for the defense.”
Syracuse University today announced that Terence J. Lau L’98 has been named the 13th dean of Syracuse University’s College of Law. The appointment, which begins Aug. 5, was approved by the Executive Committee of the Board of Trustees.
