Professor Gregory Germain has contributed an expert analysis article to Law 360 on the Purdue Phrama Chapter 11 case that is now before the Supreme Court.
In “What Happens If High Court Rejects Releases In Purdue Ch. 11”, Germain examines the question: Do bankruptcy courts have the power to discharge or release claims held by non-debtor parties against other non-debtor parties, or is the power to discharge debts limited to claims against the bankrupt debtor?
He concludes, “If the Second Circuit upheld an opt-out plan, and the Supreme Court refused to hear the certiorari petition, the plan would be effective and binding. That strikes me as the most likely end to the case, as all of the active creditors support the deal, few of the little creditors will opt out, and even fewer, if any, will have the wherewithal to seriously threaten the Sacklers’ well-funded and well-planned defenses.”
Professor Kat Macfarlane, director of the Disability Law and Policy Program, spoke again with Science after the Maryland jury unanimously voted against disabled researcher Vivian Cheung’s discrimination case against Howard Hughes Medical Institute.
“It’s a disappointing outcome but I’m grateful to Viv for taking on this fight,” says Macfarlane. “Every time disability discrimination is challenged in this manner it helps the next person find the courage to speak up, too.”
Richard Wallach L’06 has joined the College of Law as a Visiting Professor teaching Legal Communications and Research.
Prior to joining the College of Law, Wallach served as Career Law Clerk to the Honorable Kathleen Cardone of the United States District Court for the Western District of Texas for nearly sixteen years, from 2006 to 2022. He supported Judge Cardone by drafting orders and memos and by providing counsel to the Judge on a wide variety of civil and criminal issues. He also supervised the term law clerks in their work for the Court. After clerking, Wallach practiced immigration law in Syracuse, first at Hiscock Legal Aid Society and then as a solo practitioner.
Before his legal career, from 1991 to 2002, Wallach served in various management and marketing roles at FAME Information Services, a software company that developed analytical tools for economists and quantitative analysts in finance and government.
Wallach earned a J.D. summa cum laude in 2006 from Syracuse University College of Law, as well as an M.A. in East Asian Studies in 1988 from Yale University, and a B.A. in Economics in 1987 from Haverford College. In 1987, he attended The Stanford Center in Taipei, Taiwan, for intensive study of Mandarin Chinese.
While a student at the College of Law, he was the Managing Editor of Syracuse Law Review and was a member of the Order of the Coif and the Justinian Honor Society.
“The IRS is very reasonable at dealing with lower-income taxpayers who have tax debts,” says Nassau, director of the Sherman F. Levey 57, L’59 Low Income Taxpayer Clinic. “They’re very understanding of people’s circumstances. Compared to the IRS, the New York State Department of [Taxation and] Finance is the devil. The state wants to be a lot more aggressive than the federal government.”
Professor Gregory Germain spoke with ABC News about the expert witness fees associated with former president Donald Trump’s defense in his fraud trial in New York.
Germain noted that expert witnesses in New York typically charge “shockingly high fees” and that the amount spent by Trump contributes to “very expensive political theater.”
Professor Robert Nassau, director of the Low Income Taxpayer Clinic, said the recent Federal criminal tax evasion charges brought against Hunter Biden are “very rare.”
In a BBC News article, Nassau notes that “the criminal statutes cited in this case are pretty broad and could apply to millions of people who don’t file a return for one reason or another… prisons could, theoretically, be overfilled with tax criminals.”
The recipient of the Rhoda S. and Albert M. Alexander Memorial Scholarship for 2023-24 is 3L Daniel Peraza Soles. Peraza Soles was selected after a competitive application process by the Alexander Memorial Scholarship Committee to receive this significant scholarship in recognition of his commitment and dedication to public service.
He has focused his time at the College of Law by externing for the Office of the Public Defender for the Ninth Judicial Circuit of Florida in Summer 2022 and interning for the Federal Public Defender of the Northern District of New York this past summer. In part due to these experiences, Peraza Soles has accepted a post-graduate position with the Colorado State Public Defender.
“My summer positions have solidified my desire to work in public service, providing much-needed legal counsel to those who cannot afford a lawyer,” says Peraza Soles. “I want to thank the Alexander family for their dedication to supporting College of Law students in their pursuits, in particular those seeking a career in public service.”
The Rhoda S. and Albert M. Alexander Memorial Scholarship was established by College of Law Board of Advisors Member and Syracuse University Trustee Richard M. Alexander L’82, Chairman of Arnold & Porter, and his wife Emily.
Danielle Wild L’15 has joined the College of Law as an Associate Teaching Professor. She had previously been a Visiting Professor teaching Legal Communications and Research. Wild will teach Legal Communications and Research courses along with Oral Communications and Advocacy Skills and Appellate Advocacy Skills in the JDinteractive online J.D. program.
Previously, Wild was a solo practitioner in Rochester, NY where she pursued criminal and quasi-criminal appeals in both state and federal intermediate appellate courts, investigated wrongful conviction claims, independently and together with the assistance of an investigator, and brought motions to vacate criminal convictions in both state and federal court. Prior to that, Wild was an associate attorney at Easton Thompson Kasperek Shiffrin LLP of Rochester, NY.
Wild graduated from Roberts Wesleyan College with a bachelor’s degree in psychology, summa cum laude, and from Syracuse University College of Law, summa cum laude, in 2015. While in law school, she competed as a member of the National Trial Team and was a member of the Moot Court Honor Society, Secretary of the Justinian Honor Society, a Law Ambassador, and an editor on the Syracuse Law Review.
Betty and Michael D. Wohl Veterans Legal Clinic (VLC) student 3L John Hubert’s case summary of Mayfield v. McDonough, 36 Vet. App. 251 (2023), appeared in the Veterans Law Journal, 2023, Vol. III, pages 26-31, a quarterly publication of the Court of Appeals for Veterans Claims Bar Association (CAVC).
His summary was of Mayfield v. McDonough, a case that involved a Board of Veterans’ Appeal decision that denied a request by a veteran’s surviving granddaughter to substitute herself in the veterans place to continue his benefits appeal after his death. The Veterans Law Journal provides recent case summaries of federal court cases impacting the field of veterans law, and are written by practicing veterans law attorneys. Hubert volunteered as a student contributor under the supervision of Professor Beth Kubala, Executive Director of the VLC.
“I mentioned to Professor Kubala that I wanted to get involved in academic-type writing regarding veterans law, and that’s when she told me that the Court of Appeals for Veterans Claims’ Bar Association puts out the Veterans Law Journal, which provides articles and case summaries,” said Hubert. “The case I was assigned, Mayfield, was mostly decided by the CAVC on principles of federal jurisdiction, administrative law, and veterans law, and CAVC refused to grant itself the power to review the propriety of a Reviewing Office’s denial of a request for substitution. Overall it was a positive experience that I really enjoyed, and I hope to have similar opportunities such as this in the future, and it is only an example of the kinds of experiences the clinic has allowed me to have.”
“John voluntarily sought out this unique opportunity to contribute to the field of veterans law. He tackled a case involving a complex procedural issue and summarized it in a way that practicing attorneys can understand. John’s efforts directly impact the way veterans and their survivors navigate the benefits process. I’m very proud of his efforts and scholarly work,” says Kubala.
“The legal clinic at the College of Law is without a question what I am most proud, honored, and privileged to be a part of here at Syracuse,” said Hubert. “Working with Professor Kubala and the other students at the clinic has allowed me to grow professionally and personally in ways I never thought I would be able to, even strengthening my bond with one of my best friends who is an active-duty Marine.”
The Betty and Michael D. Wohl Veterans Legal Clinic provides representation to veterans and their families who are seeking benefits from the United States Department of Veterans Affairs or upgrading an unfavorable discharge through the various military services. While representing real clients, student attorneys gain an understanding of military culture, interact with government agencies, develop case management skills, improve advocacy skills, and instill the value of pro bono service.
The Court of Appeals for Veterans Claims Bar Association was created to improve and facilitate the administration of justice in the United States Court of Appeals for Veterans Claims (CAVC). The CAVC Bar Association provides information and services to the community of those interested in Veterans law, a diverse and rapidly growing area of administrative law.
Professor Kat Macfarlane, director of the College of Law’s Disability Law and Policy Program, discusses Vivien Cheung’s lawsuit against Howard Hughes Medical Institute for disability discrimination. In the Science article “Trial puts Howard Hughes Medical Institute—and disabled scientists—in the spotlight”, she observes that a jury trial in this situation is rare, instead of being settled or tossed from court. The lawsuit touches on the science and research community and discrimination against those with disabilities.
“I’m shocked in a very refreshing way that this is going in front of a jury,” Macfarlane says. “The applicable legal standards are very challenging for plaintiffs with antidiscrimination claims to meet.”
