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.
To kick off the New Year, two cohorts of Online JDinteractive Program students traveled to Syracuse for experiential Residencies before the beginning of the spring semester.
First year students came for their Legal Applications Residency, their second of six total Residencies through the course of their legal education. Meanwhile, second-year students returned to Dineen Hall for concurrent Residencies three and four, immersing themselves in Professional Skills courses tailored to their interests and career aspirations. This vibrant start set the stage for a year of profound learning and growth.
Prior to their second semester in the JDi program, first year students returned to Syracuse for the Legal Applications Residency. This problem-based course utilized experiential learning techniques to help students integrate the doctrinal subjects with practical skills. Students worked on interviewing, public speaking, negotiating, writing, and researching during their week in Syracuse.
JDi students attended a reception along with fellow Syracuse University Martin J. Whitman School of Management Online MBA Students to introduce the two online programs and network with other people also pursuing their degrees virtually.
Venturing beyond the classroom, JDi students also explored downtown Syracuse, met for dinner in small groups at local area restaurants, and ate local cuisine at the Salt City Market. They also had a networking event with the Student Bar Association (SBA) where they were able to meet with their On-Campus J.D. classmates.
As they enter their second year in the JDi Program, students partake in Professional Skills Residencies spanning topics like negotiation, client counseling, trial advocacy, and more. Best of all, this one week fulfills the requirement for both the third and fourth Residential Courses concurrently with just one trip to Syracuse.
Over the six days of the residential experience earlier this year, students learned from professors and experts in their fields including the Hon. Jamie Baker, Director of the Institute of Security Policy and Law, Professor Beth Kubala, Director of the Veterans’ Legal Clinic, and Professor Todd Berger, Director of the Advocacy Program.
Teaching Legal Ethics in National Security, Judge Baker addressed the ethical challenges that arise in national security policy and legal practice from the perspective of someone with extensive experience in the field as a previous Chief Judge on the U.S. Court of Appeals for the Armed Forces.
Judge Jamie Baker talks to students taking his Legal Ethics in National Security class.
Professor Berger provided an introduction to Trial Advocacy, coaching students to perform as trial counsel in a variety of simulated courtroom exercises. Students engaged in direct examination, cross-examination, an introduction of exhibits, opening statements and closing arguments.
Professor Todd Berger teaches Advocacy in the Bond, Schoeneck & King Courtroom.
Through the Administrative Representation for Veterans course, Professor Kubala provided students with the opportunity to represent real clients in an administrative process with a goal of changing a veteran’s character of service.
Professor Beth Kubala meets with JDi students in her office to discuss representation for veterans.
JDi students learned about navigating the complex regulatory requirements of the Army Review Boards Agency and applied those skills to assist our community’s veterans in upgrading their discharges to allow increased access to benefits.
To wrap up the week, students in the Media Training for Attorneys course took advantage of the resources in the Dick Clark Studios with a taped on-camera interview in a mock studio with camera, lights, and sound. This course builds life skills that all attorneys will need at some point in their lives, and it helps the students gain confidence in speaking and writing for a public audience.
Professor Kevin Noble Maillard works with JDi student in Media Training for Attorneys course in Newhouse’s Dick Clark Studios.
Embarking on the final stretch of their law school journey, upper-level Online JDinteractive (JDi) Program students face the pivotal and exciting task of selecting from a list of Advanced Legal Topics residencies that align with their interests. From busy cities in the United States to international landscapes of Geneva, Switzerland, and Rome, Italy, the options are as diverse as the students themselves.
JDi students arrive in Denver for a week of learning and networking.
This year, 17 JDi students selected to enroll in the Arbitration Residency, held in Denver, Colorado from January 2-5, 2024 at the turn of the New Year. Four Master of Law’s LL.M. students also elected to enroll in the course, enriching conversations from the perspective of foreign law graduates.
Four Syracuse Law LL.M. students enrolled in the Residential Course alongside their JDi classmates.
Jack Graves taught the class at the law firm of Sherman & Howard courtesy of Skip Netzorg L’76, providing an introduction to the law and practice of arbitration. Arbitration serves as a legally binding and fully enforceable mechanism for the resolution of commercial and other disputes. Expanding beyond the realm of U.S. federal law governing arbitration, participants delved into various institutional arbitration rules, elements of federal labor law, international laws overseeing arbitration, and an international treaty supporting the global enforcement of arbitration agreements and awards.
Jack Graves speaks to Residency class students about Arbitration law.
While not categorized as a skills course, the program significantly emphasized the practical aspects of arbitration. Students drafted effective arbitration agreements, navigated the enforcement of such agreements during dispute occurrences, conducted fair and efficient arbitration proceedings, and learned about enforcing the final awards issued by the arbitrator(s). By the end of the intensive course, students gained a solid foundational understanding of arbitration’s use in conclusively resolving legal disputes, coupled with insights into the common issues arising during the drafting and implementation of arbitration agreements.
Students gather for class time to learn about Arbitration Law.
In addition to newfound knowledge about Arbitration, students enjoyed an alumni networking event at the Wynkoop Brewery to meet our Powerful Orange Law Network in the local Denver area. They also enjoyed a fireside chat with Mark Neporent L’82 and Dean Craig Boise, providing advice about entering the legal profession and navigating through the transitions that inevitably follow, which in Neporent’s case included moving from law firm to in-house practice, and then to the C-suite of one of the largest hedge funds in the world.
Students gather for a “Fireside Chat” with Mark Neporent L’82 and Dean Craig Boise.
A few students opted to bring their families to Denver along with them to enjoy the city while they were in class. Spouses and children were able to attend the night and networking events and had a chance to meet their classmates and other families, fostering a sense of community and connection that extends beyond the confines of the program.
The Arbitration Residency held in Denver, CO and hosted by Sherman & Howard L.L.C. provided students with learning experiences, networking events, and time to explore the city.
As law school graduation loomed on the horizon, the prospect of Marlana Shaw-Brown G’17, L’17 moving across the country filled Adam Shoshtari L’17 with a sense of dread. That was until he realized that his classmate and best friend, Marlana, was the one for him.
Their story began in their 1L year when a mutual friend introduced the two at a Black Law Student Association (BLSA) meeting. From that moment on, they were inseparable—but just friends. They shared weekend getaways to Skaneateles, enjoyed countless dinners with friends, and spent many late nights poring over law books together. With graduation only a few short weeks away, Adam was faced with the very real possibility of losing his best friend. After graduation, he was headed to D.C. and Marlana across the country to Los Angeles. As Adam recounts, “I was falling in love with my best friend and could not imagine life without her.”
For Marlana, the seeds of legal ambitions were sown young. Nestled by her grandmother’s side, evenings spent enthralled by the TV show Matlock sparked a six-year-old’s declaration: “I want to be a lawyer!” With laser focus, she pursued her dream, beginning by enrolling in the Legal Studies Academy at Virginia’s First Colonial High School. However, the new experiences brought a shift in Marlana’s focus and Matlock’s courtroom drama gave way to the allure of entertainment law. For Marlana, her experiences at Syracuse Law led to positions at the Food Network and Netflix, ultimately leading her to NBCUniversal, where she now works in Legal Affairs counseling on all legal matters concerning the development, production, and delivery of scripted materials.
Adam’s journey was driven by a different yet equally powerful force: a passion for advocacy and writing. Though a career blending these skills with his love for technology never crossed his mind, fate had other plans. Through an opportunity to participate in Syracuse Law’s D.C. summer externship program, Adam was able to merge his love of advocacy and technology by externing with the Electronic Discovery Institute, a non-profit organization dedicated to emerging issues in law and technology. That opportunity led to his current role as an Associate for Shook, Hardy & Bacon’s Complex Litigation Strategic Counseling practice group.
Following graduation, Marlana and Adam spent the first few years of their relationship long-distance, only seeing each other every few months, but bonded by the friendship and foundation they built at Syracuse Law.
After three years of dating and with their dream careers in full swing, Adam was afforded the opportunity to join Shook’s Los Angeles office to be closer to Marlana and they were married soon after. So, what’s it like being married to a fellow lawyer? As Adam puts it “As lawyers, we love to argue our side of the case, so it’s about constantly reminding oneself that (most of the time), your wife is correct.”
Marlana and Adam’s story is one of passion, dedication, and a little bit of Syracuse magic. Their time at law school not only ignited their individual dreams but also brought them together, creating a love story as remarkable as their careers. As they continue to climb the ladder of success, one thing is certain: their journey began at Syracuse Law, and the memories and lessons learned there will forever hold a special place in their hearts.
For Marshall Read L’22 and Gabriella Kielbasinski L’22, the path to law school was quite different.
Gabriella, a Syracuse native, found law’s calling unexpectedly. Exposed to family court as a child, she had an attorney who made her “feel seen, heard, and advocated for,” igniting a lifelong desire to champion others. That experience solidified her purpose and inspired her to pursue a profession where she could advocate for those in need, just as her attorney did for her all those years ago.
Marshall’s journey was fueled by a different flame. As a student at Stephen F. Austin State University, he was a debater with a rebellious streak and saw public defense as the ultimate act of defiance: “There was nothing more punk rock than getting paid…to fight the man,” and so, he set his sights on law school.
Although their paths to Syracuse Law were distinct, both Gabriella and Marshall were driven by a shared desire to fight for the underprivileged. Fate brought them together even before their first class, at an Admitted Students event. Despite the brevity of their initial encounter, Gabriella still remembers how Marshall stood out in his beanie and flannel shirt amidst a sea of suits.
For Marshall, love-struck during their 1L Fall class election when Gabriella confidently captivated the room with her campaign speech for class president. He remembers a clear-cut moment of realization: “Wow, it’s her! She’s it!” For Gabriella, however, it wasn’t a single defining moment. Instead, it was the good morning texts during their first year of law school, the reassurance during the anxious months of bar prep, and Marshall’s unwavering support during hard times that showed her what true partnership looked like.
In December 2023, their bond deepened as they got engaged. Both find solace and understanding in their shared career path. As Marshall aptly puts it, “It’s nice to come home to someone who understands what your day has been like…there’s a grace and understanding.”
Both Gabriella and Marshall acknowledge the impact that Syracuse Law has made on their lives. Through their experience as law students, they received opportunities that led to fulfilling careers, made lifelong friends and mentors, and, most importantly, found each other. When offering advice to current law students, Marshall playfully offers: “Be nice to the smart ones with curly hair. They may be the one.”
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.
1L Carly Bastedo prevailed over 1L Allison Carlos in the 14th Annual Hancock Estabrook First Year Oral Advocacy Competition.
The competition was judged by the Hon. Thérèse Wiley Dancks L’91, U.S. Magistrate Judge for the Northern District of New York, the Hon. Anthony J. Paris ’70, L’73, retired Justice of the New York State Supreme Court and Special Counsel at Costello, Cooney & Fearon, PLLC, Daniel B. Berman L’82, Partner in the Litigation Practice at Hancock Estabrook, LLP, Mary L. D’Agostino, Partner in the Litigation Practice at Hancock Estabrook, LLP, and Erica L. Masler L’21 is an associate attorney in the Litigation Department at Hancock Estabrook, LLP.
Thirty-four first-year students participated in the competition.
Erica Masler – Mary D’Agostino -1L Carly Bastedo – the Hon. Thérèse Wiley Dancks – the Hon. Anthony J. Paris – Daniel BermanErica Masler – Mary D’Agostino – 1L Allison Cartos – 1L Carly Bastedo – the Hon. Thérèse Wiley Dancks – the Hon. Anthony J. Paris – Daniel Berman
Professor Arlene Kanter, Founding Director of the Disability Law and Policy Program, has recently had her article, The Role of Human Rights Indicators in Assessing Compliance with the UN Convention on the Rights of People with Disabilities” published in the Georgia Law Review.
The article’s abstract:
In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently released a set of indicators designed to measure States Parties’ progress towards implementation of the CRPD. These new “CRPD Indicators” are designed to assist States Parties as well as the CRPD Committee and other UN bodies in assessing compliance with the CRPD. This Article is the first to analyze the benefits as well as the limitations of the new CRPD Indicators.
This Article begins with an analysis of the CRPD, followed by an analysis of the ways in which the CRPD differs from other human rights treaties, including its reporting and monitoring requirements. The Article then discusses recent research on the role of human rights indicators as a tool to measure treaty compliance, followed by a discussion of the benefits and limitations of the new CRPD Indicators, as examined from a Disability Studies perspective. Assessing the role of the CRPD Indicators from a Disability Studies perspective requires a reframing of the essential role of people with disabilities and their organizations in working towards compliance and implementation of the CRPD. The Article concludes with a cautionary note regarding reliance on the CRPD Indicators as the primary tool to assess compliance with the CRPD. Although the CRPD Indicators are a helpful tool in measuring States’ progress towards compliance, they cannot replace ongoing efforts to mobilize and support disabled people in their fight for full implementation of the CRPD.
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.”
The recipient of the Carol Blanck ’70 and Robert Tannehauser ’66 Communication and Media Law Student Research Paper Award for 2023-24 is 3L Shannon Chamberlain. Chamberlain’s paper, Escaping Liability for the “Gravest of Threats”: Expanding Article 1, Section 6 Immunity and Narrowing Brandenburg Incitement, was selected by Roy Gutterman L’00, Director of the Tully Center for Free Speech, Associate Professor at the Newhouse School, and Professor of Law at the College of Law, from papers submitted in the Media and Communications Law class for consideration by the Association for Education in Journalism and Mass Communication.
Chamberlain’s paper analyzes the events surrounding the Capitol insurrection on Jan. 6, 2021, focusing on public officials’ use of social media and the implications of Speech or Debate Clause immunity. The article describes the violence, breach of the Capitol, and the involvement of government officials, while examining the history and various interpretations of the Speech or Debate Clause. The paper also highlights inconsistencies in the application of the Brandenburg incitement, referencing Thompson v. Trump, and explores the connections between incitement, First Amendment discussions, and public officials’ platforms. Chamberlain’s paper argues incitement speech should not be protected under the Clause, and asks for government officials to be held accountable for their influence on illegal acts, emphasizing a need to protect democracy.
With a passion for legal research, Chamberlain has worked with Teaching Professor Mary Szto as a research assistant to research the legislative history of late 1800s and early 1900s anti-Asian laws, as well as the recent rise in Asian hate during the COVID-19 pandemic and the restorative justice that followed. She also provided research assistance to University Professor David Driesen by examining the political impact of the Massachusetts Government Act, and studied anti-Federalist concerns of tyranny when considering the role of the President within the Constitution. In part due to these experiences, Chamberlain has accepted a post-graduate position with Costello, Cooney & Fearon, PLLC as an associate attorney.
“I have been honored to serve as a Teaching Assistant to Professors Monica Luna and Kristin Walker, and Faculty Assistant to Professor A. Joseph Warburton, and now as Research Assistant to two other faculty. All these experiences have been tremendously rewarding,” Chamberlain said.
The Carol Blanck ’70 and Robert Tannenhauser ’66 Communication and Media Law Student Research Paper Award program is administered by Professor Gutterman. With the growing need for well-qualified communication law and policy professionals, this award supports law students who write or deliver original research regarding any topic related to mass communication and society by demonstrating excellence in law and journalism.
