University Professor David Driesen was interviewed by KTVU TV on President Biden’s recently proposed Supreme Court of the United States reforms.
“The court itself has become an enemy of the rule of law. It doesn’t follow precedent, it makes up new Constitutional doctrines liberating the president from the rule of law. The rule of law, what it is all about, is that it applies to everybody, especially to political leaders,” says Driesen. “There will be intense pushback of people saying anything that intrudes on the Supreme Court is improper.”
Acting Dean Keith J. Bybee, the Paul E. and Hon. Joanne F. Alper ’72 Judiciary Studies Professor, recently spoke with Agence France-Press on President Biden’s proposed reforms to the Supreme Court of the United States.
Bybee said 6-3 rulings such as the presidential immunity decision make the court appear more partisan in its decision-making.
“But also, this majority is quite emboldened,” he said, rendering decisions that are “quite sweeping and overturn decades-old precedents” such as in the case of abortion.
“Those two factors together prompted a lot of concern among the Democratic Party about the power of the court,” Bybee said.
The Hon. James E. Baker recently chaired the National Academy of Public Administration (NAPA)/Federal Justice Center panel that examined the workplace practices across the Federal judiciary in a study of the workplace climate in the Article III judiciary.
The panel has issued its report “Enhancing Efforts to Coordinate Best Workplace Practices Across the Federal Judiciary.” Judge Baker was a guest on NAPA’s Management Matters podcast to discuss the key takeaways and lessons learned from the report that researched best workplace practices across the Judiciary.
According to Brooke Hasegawa-Nakaoka L’22, inclusivity resonates with her family. In her native Hawai’i, it is known as “’the aloha spirit,’ a celebration of kindness and compassion appreciating all things we are given and all those that surround us and, where we include everyone,” she explains. That sense of inclusivity extended to her experience in the JDinteractive (JDi) program at Syracuse University College of Law. “’Aloha’ is diversity, equity and inclusion, and finding a school, employer, social circle and community that appreciated and included ‘aloha’ in its mission was very important. Syracuse Law provided that to my ohana (family),” Hasegawa-Nakaoka says.
“’The aloha spirit,’ [is] a celebration of kindness and compassion appreciating all things we are given and all those that surround us and, where we include everyone.’Aloha’ is diversity, equity and inclusion, and finding a school, employer, social circle and community that appreciated and included ‘aloha’ in its mission was very important. Syracuse Law provided that to my ohana (family).”
—Brooke Hasegawa-Nakaoka L’22
Born and raised on the island of Oahu Hasegawa-Nakaoka earned a bachelor’s degree in business from the Marshall School of Business at the University of Southern California (USC) and started her career as a financial advisor for Morgan Stanley in Los Angeles. Later, she worked as a senior account executive in sales and marketing at Paradise Media Group, LLC, and a lecturer at the Shidler College of Business at the University of Hawai’i at Manoa. During this time, she also pursued an MBA and graduated cum laude from the University of Hawai’i in 2008.
Brooke Hasegawa-Nakaoka L’22 moderating a fireside chat with fellow alumna Melanie Gray L’81 at the Los Angeles Bankruptcy Residency.
In 2011, she had a family, and “life soon became filled with visits to the zoo, juice pouches, and cheese sticks,” according to Hasegawa-Nakaoka. For the next four years, she raised her family and continued as a lecturer in global management and organizational behavior. But, when her son started kindergarten, she decided it was time to pursue law, earning a master’s degree in the study of law (M.S.L.) from USC in 2019. With a preliminary legal foundation, she applied to the Syracuse University School of Law’s JDinteractive (JDI) program.
“Like so many JDi students that I meet, law school was something I always wanted to do,” she says. “I just had a few other things I needed to do first.”
“Like so many JDi students that I meet, law school was something I always wanted to do. I just had a few other things I needed to do first.”
—Brooke Hasegawa-Nakaoka L’22
Her experience was positive, as she participated in online classes all the way from Hawai’i. She remembers her initial visit to the Syracuse campus during her cohort’s first residency, led by Associate Dean for Online Education Shannon Gardner. “It was a warm welcome that empowered me to remain committed to the JDi program. Dean Gardner was my first introduction to Syracuse Law and the first person I thought to notify when I passed the bar exam three years later,” says Hasegawa-Nakaoka.
“Dean Gardner was my first introduction to Syracuse Law and the first person I thought to notify when I passed the bar exam three years later.”
—Brooke Hasegawa-Nakaoka L’22
On the day of her first residency at Syracuse Law, Hasegawa-Nakaoka chose a seat that serendipitously put her in front of her soon-to-be “law school bestie” Eliseo Arebalos L’22, who became her confidant over the next three years.
“Because of Syracuse Law, my son has Uncle Eli in his life, and my family and I are forever blessed with his friendship,” she says.
Brooke Hasegawa-Nakaoka L’22 giving back her time to current JDinteractive students at the Los Angeles Bankruptcy Residency
While pursuing her law degree, Hasegawa-Nakaoka had an externship that honored her Hawaiian roots and community when she worked 821 hours as a law clerk with the Legal Aid of Maui. (Her great grandfather, the Hon. George K. Hasegawa, was a magistrate of the District Court of Lahaina and Lanai. He retired from the bench after 11 years of service to the community. In addition, both her paternal grandparents and maternal grandfather were proud graduates of Lahainaluna High School and members of the Lahaina community that made headlines around the world when it was decimated by wildfires in August 2023.) Hasegawa-Nakaoka felt it was important to honor her roots and community by doing legal aid work for those who needed help. As a result of her commitment, she received the Arthur T. Ueoka Memorial Scholarship presented by the Maui County Bar Association in 2021 and was later awarded the 2022 Outstanding Pro Bono Service Award by Syracuse Law.
With her law degree in hand—Hasegawa-Nakaoka was the first female in the JDi program to pass the bar—she is currently working as an associate with the International Reproductive Law Group of Los Angeles, where her law school friend Arebalos is a managing partner. She also works as vice president and house counsel for Progressive Communications, LLC, based in Honolulu. Her family is located in both Los Angeles and Hawaii, as her son wanted to pursue opportunities on the mainland, while her husband’s business is still on the islands. “Our family has adopted the ‘Live with Aloha’ mindset, which has aided our transition to Los Angeles,” she explains.
“Syracuse Law gave me so much more than a law degree. Even though I was taking classes online from across the country, the ‘aloha spirit” at Syracuse Law made me feel right at home, and for that I am grateful.”
—Brooke Hasegawa-Nakaoka L’22
Her journey has been a long one, in time, effort and distance, but she is pleased that she can now practice law. Says Hasegawa-Nakaoka, “Syracuse Law gave me so much more than a law degree. Even though I was taking classes online from across the country, the ‘aloha spirit” at Syracuse Law made me feel right at home, and for that I am grateful.”
Kenneth W. Irvin L’92, Zabrina Jenkins G’97, L’00, and The Hon. Nazakhtar (Nazak) Nikakhtar G’02, L’02
Syracuse University College of Law has added Kenneth W. Irvin L’92, Partner, Energy, M&A, Securities Enforcement and Regulatory at Sidley Austin LLP; the Hon. Nazakhtar (Nazak) Nikakhtar G’02. L’02, Partner, Chair, National Security Practice and Co-Chair, Committee on Foreign Investment in the U.S. at Wiley Rein LLP; and Zabrina M. Jenkins G’97, L’00, Executive Advisor to the Office of the CEO at Starbucks to its Board of Advisors.
“As the legal world evolves at an unprecedented pace, we need the diverse expertise that Ken, Nazak, and Zabrina bring to the Board to help lead our College and students into the future,” says Acting Dean Keith J. Bybee, Paul E. and Hon. Joanne F. Alper ’72 Judiciary Studies Professor.
“I would like to welcome Ken, Nazak, and Zabrina to the Board of Advisors,” says College of Law Board of Advisors Chair Melanie Gray L’81. “These impressive alumni bring extensive experiences from law firms, government, and consumer businesses to the Board that will benefit our students and College as we deliver a legal education for today’s ever-changing world.”
Kenneth W. Irvin L’92 is a co-leader of Sidley’s global Energy practice area team, and represents clients on a variety of regulatory, enforcement, compliance, and transactional matters involving the U.S. wholesale electricity and natural gas markets, as well as with respect to the energy transition. Irvin has extensive experience representing clients in regulatory and investigations proceedings before the Federal Energy Regulatory Commission (FERC) and multiple state energy regulatory agencies, which includes handling FERC enforcement matters and self-reports. Irvin graduated from the College of Law, magna cum laude in 1992 and from Clarkson University with a B.S. in Electrical Engineering in 1987.
The Hon. Nazakhtar (Nazak) Nikakhtar G’02, L’02 is an international trade and national security attorney at Wiley Rein LLP where she is the Chair of Wiley’s national security practice and Co-Chair of the Committee on Foreign Investment in the U. S. practice. From 2018 to 2021, with unanimous confirmation by the U.S. Senate, Nikakhtar served as the Department of Commerce’s Assistant Secretary for Industry & Analysis at the International Trade Administration. She also fulfilled the duties of the Under Secretary for Industry and Security at Commerce’s Bureau of Industry and Security. Nikakhtar earned Juris Doctor and Master of Economics degrees from Syracuse University, where she served as Editor-in-Chief of the Syracuse Journal of International Law and Commerce, and a B. A. degree from the University of California, Los Angeles.
Zabrina Jenkins G’97, L’00 is executive advisor to the Office of the Chief Executive Officer of Starbucks. She is a member of CEO Laxman Narasimhan’s extended executive leadership team providing strategic counsel and support in several key areas including corporate strategy, public affairs, talent development, inclusion and diversity, and legal and stakeholder engagement. Previously, she was acting executive vice president and general counsel for Starbucks, leading legal and regulatory affairs, global security, and ethics and compliance for the company. Additionally, Jenkins serves as an executive champion to the Starbucks Black Partner Network and an advisor to the diversity committee for the Law & Corporate Affairs department. Zabrina received a B. S. in business administration from Central Washington University, an M. S. from Syracuse University School of Education, and a J. D. cum laude from Syracuse University College of Law.
In the credit card article, he notes that “getting a credit card as a young person can be especially difficult. The Federal “CARD” Act of 2009 prohibits anyone under the age of 21 from obtaining a credit card without either a responsible co-signor (normally a parent) who guarantees payment or the “submission of an application, indicating independent means of repaying any obligation arising from the proposed extension of credit.” See CARD Act amendments to 15 U.S.C. § 1637(8). So, if you’re under 21 without a full-time job, you will probably need a co-signor parent to obtain a credit card.”
His advice for assessing the credibility of online-only lenders includes “you need to be sure you are giving your personal information to a genuine lender and not a scam artist when you are applying for a loan. There are lots of scam artists out there trying to get your personal information so that they can steal money from your bank accounts or your identity. So, you need to verify that the person you are dealing with is really the lender before giving them any of your personal information.”
Professor Emerita Arlene Kanter recently spent a week in Berlin meeting with government officials and disability organizations to promote the development of disability laws and policies in Germany. Kanter’s visit was sponsored by the U.S. Department of State.
Kanter met with U.S. Embassy Deputy Chief of Mission Clark Price, Federal Government Commissioner for the Affairs of People with Disabilities Jürgen Dusel, and MdB Heike Heubach, the first Deaf member of the German Parliament, to discuss eliminating barriers that prevent disabled children and adults from participating in German society.
Kanter also visited the T4-Memorial to honor the victims of the Holocaust who were murdered by the Nazis because of their disability.
A roundtable discussion with over 50 representatives from local disability organizations as well as a separate roundtable with Embassy staff sparked lively conversations about access to higher education, discrimination in the workplace, efforts to combat violence against women with disabilities, the need for community-based alternatives to institutions, as well as how to develop laws and policies to conform to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Germany ratified in 2009.
“Germany has made significant progress since it ratified the CRPD, by adopting new disability-related laws and policies. But more work needs to be done to implement these laws, especially in the areas of accessibility of private facilities, education, and workplace accommodations. As one who helped to draft the CRPD, it is meaningful for me to see this critical work of promoting greater disability inclusion being embraced by leaders within and outside the government of Germany,” says Kanter.
Last year, a Montana state District Judge ruled in favor of plaintiffs who said the state was violating residents’ constitutional right to a clean environment by allowing oil, gas and coal projects without regard for global warming.
An appeal hearing was recently held by the Montana Supreme Court. University Professor David Driesen discussed the appeal with the Associated Press and its potential impact on similar states that have state constitutional protection for the environment.
“The bottom line is whatever the state Supreme Court decides, it’s more likely to have an influence” than last year’s lower court ruling, said Driesen, an expert on environmental law. “Other states that have those provisions will consider it. They don’t have to follow it.”
Professor Gregory Germain spoke with Law 360 on U.S. District Judge Aileen Cannon’s dismissal of the classified documents case due to U.S. Attorney General Merrick Garland not having the authority under the appointments clause of the U.S. Constitution to appoint an independent prosecutor.
Germain noted that the recent Presidential immunity and Chevron decisions laid the groundwork for Judge Cannon’s decision.
“We’ve now had not only the immunity case but also the overruling of the Chevron doctrine,” Germain said. “This court is very concerned about separation of powers issues and about the executive branch usurping the power of Congress. That’s why I think they might say that there’s no statutory authority.”
Germain notes that it is possible to simply appoint an already confirmed U.S. attorney as a special prosecutor for the case.
“Dismissal is such an extraordinary remedy when the defendant really hasn’t been harmed by who is prosecuting the case,” Germain said. “I think the remedy is just clearly wrong.”
Professor Katherine Macfarlane provided insight into one of the first legal challenges brought after the U.S. Supreme Court’s decision in Loper Bright overturned the Chevron deference to government agencies. She spoke with Bloomberg Law for the story “Tennessee Horse Show Picks Texas to Challenge Rule Post Chevron”.
Three days after the Loper Bright decision, The Tennessee Walking Horse National Celebration Association filed a lawsuit with two show horse owners challenging an Agriculture Department regulation that aims to crack down on horse soring. The case was filed in Amarillo, TX before U.S. District Court Judge Matthew Kacsmaryk who often rules against Biden administration policies.
Macfarlane said she isn’t convinced the challengers in this case specifically tried to shop for a preferred judge or timed their filing to follow the Chevron decision. Either way, the civil procedure expert said any plaintiff in the U.S. who wants to challenge an agency action now has a better argument because courts no longer have to defer to the agency.
“If I had a case that presented the ability to undo agency action in a way that aligned with predictable Kacsmaryk political fault lines, it’s a good time to file in front of Judge Kacsmaryk,” she said.
