News

Professor of Law Emeritus William C. Banks Discusses Trump’s Hints at Expanding the Use of the Military in the U.S. During a Second Term

Professor of Law Emeritus William C. Banks has provided legal analysis on the Posse Comitatus Act, which generally prohibits using the military for law enforcement purposes, for the Associated Press article “Trump Hints At Expanded Military Role Within The Country. A Legacy Law Could Let Him.”

Banks says that a military officer is not forced to follow “unlawful orders” from the president. That could create a difficult situation for leaders whose units are called on for domestic policing since they can face charges for taking unlawful actions.

“But there is a big thumb on the scale in favor of the president’s interpretation of whether the order is lawful,” Banks says. “You’d have a really big row to hoe and you would have a big fuss inside the military if you chose not to follow a presidential order.”

Banks is the co-author, along with Stephen Dycus, of the book Soldiers on the Home Front: The Domestic Role of the American Military.

Professor Nina Kohn Writes “The New Uniform Health Care Decisions Act: An Overview” for ABA Commission on Law and Aging’s Bifocal Journal

David M. Levy Professor of Law Nina Kohn has contributed “The New Uniform Health Care Decisions Act: An Overview” to the American Bar Association (ABA) Commission on Law and Aging’s bi-monthly journal Bifocal.

Appearing in Bifocal Vol. 45 Issue 1 (Sept. 2023), Kohn provides a synopsis of the Uniform Law Commission’s (ULC) Uniform Health Care Decisions Act that was approved in July. The Act modernizes and expands on the Uniform Health-Care Decisions Act approved by the ULC in 1993.

Some of the Act’s most notable provisions make it easier for people to create and use advanced directives, clarify when a surrogate may make healthcare decisions for a patient, and set forth what happens if a patient objects to a determination of incapacity, among several other provisions.

Kohn served as the Reporter for the Uniform Health Care Decisions Act.

Professor Gregory Germain Discusses Trump Trial Strategy

At Salon, Professor Gregory Germain provided feedback on former President Donald Trump’s legal strategy of filing for a mistrial based on ethical issues.

“Unless there are some facts showing a serious ethical violation (which seems very unlikely), it will have no impact on the trial,” says  Germain. “Judge Engoron’s alleged statement that Trump is a ‘bad guy,’ after reviewing the evidence for summary judgment, does not show judicial bias. There would have to be some evidence that Judge Engoron held that view before hearing the evidence.”

Germain has spoken with numerous media outlets on the trial:

The Guardian: Trump trial nears end as prosecutors confident he ‘didn’t have the goods’

Salon: Legal expert: Trump kids will turn fraud trial testimony into a “political spectacle”

WNYC FM

KPCC FM

Inquisitr: Trump’s Volatile Courtroom Conduct Could Be Dangerous for His Upcoming Criminal Trials

College of Law Students Attend American Branch of the International Law Association’s International Law Week 2023

Twenty College of Law J.D., LL.M., and exchange students along with International Law Society faculty advisor Professor Cora True-Frost G’01, L’01 attended International Law Week 2023 in New York City. International Law Week is held by the American Branch of the International Law Society (ABILA).

In addition, Ludmilla Evelin LL.M.’23 participated as a Student Ambassador. She was selected to be an Ambassador by ABILA through a nomination process and serves for one academic year assisting with the work of the ABILA and at International Law Week.

The College of Law students took advantage of the extensive programming at International Law Week along with opportunities to network with other law students, professors, lawyers, foreign officials, and more.

“By following the ILW leaders’ goals, the conference allowed me to think about how global leaders, lawyers, and legal experts can use their creativity to tackle today’s complex issues. This includes exploring how international law connects with other areas like social movements, trade, domestic law, diplomacy, and global initiatives for peace and equality. It is about looking beyond international law,” says Evelin.

College of Law Comes Together to Honor Veterans

The week leading up to Veterans Day was full of events and activities that involved College of Law students, faculty, and staff.

Students posing with a veteran, Syracuse employees pose in front of an orange and blue table display, a student lawyer holds a microphone.
Valor Day Student Takeover on Instagram. Click the image to view the story.
People shake hands over an blue and orange table display, a group of students and faculty pose for a photo, a giant American flag hangs off a crane and blows in the wind
Valor Day Student Takeover on Instagram. Click the image to view the story.

Valor Day: Students from the Betty and Michael D. Wohl Veterans Legal Clinic (VLC) joined attorneys from the Volunteer Lawyers Project of CNY and Hancock Estabrook in providing free legal consultations at the CNY Veterans Expo. More than two dozen veterans and military-connected families benefited from this annual pro bono service. Professor Beth Kubala, VLC executive director, discussed the event with WSYR radio.

U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
A student asks a question during the Q&A portion of the U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman.
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
A student asks a question during the Q&A portion of the U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman.
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman
U.S. Army Court of Criminal Appeals (ACCA) oral arguments, United States v. Herman

U.S. Army Court of Criminal Appeals (ACCA) oral arguments: The Gray Ceremonial Courtroom hosted oral arguments before the ACCA in United States v. Herman. This provided students, faculty, and staff with the opportunity to view an appellate court in action. In addition, students attended a panel discussion with U.S. Army JAG attorneys to learn about careers in the JAG.

Color Guard
S.U. Army R.O.T.C. Color Guard kicked off the Veterans Day ceremony in Dineen Hall.
The Hon. James E .Baker, Richard Naperkowski L'23 and David Driesen playing taps
From left to right: The Hon. James E. Baker, Richard Naperkowski L’23 and Professor David Driesen playing taps
Richard (R.J.) Naperkowski L'23
Richard (R.J.) Naperkowski L’23

College of Law Annual Veterans Day Ceremony: The College’s annual Veterans Day Ceremony featured Richard Naperkowski L’23, a senior research fellow at the Institute for Security Policy and Law (ISPL). Naperkowski recounted his time serving as a Captain in the U.S. Army E.O.D. The ceremony began with the S.U. Army R.O.T.C. Color Guard, followed by the national anthem sung by Otto Tunes. The Hon. James E. Baker, director of ISPL, provided opening remarks and the ceremony ended with University Professor David Driesen playing Taps.

The Syracuse University Veterans Day Ceremony
The Syracuse University 2023 Veterans Day Ceremony
2L Laurie Coffey speaking at the Syracuse University Veterans Day Ceremony
2L Laurie Coffey speaking at the Syracuse University Veterans Day Ceremony
The Syracuse University Veterans Day Ceremony
The Syracuse University 2023 Veterans Day Ceremony

2L Laurie Coffey Keynotes the Syracuse University Veterans Day Ceremony: Coffey, a retired U.S. Navy aviator, provided remarks about her 20 years of service flying F/A-18 Hornet and Super Hornet planes and how she is pursuing her law degree to become a litigator. She spoke at the Ceremony, organized by the Office of Veterans and Military Affairs, held at the University’s National Veterans Resource Center.

Rounding out our Veterans activities for November, the Military and Veterans Law Society is partnering with the Tully Rinckey PLLC law firm and Price Chopper to give out 125 free turkeys on Monday, November 20 to active-duty military personnel, retirees, and veterans in the Syracuse area.

College of Law Student Organizations Attend the Asian American Bar Association of New York Fall Conference

Twenty students from the College of Law’s Asian Pacific American Law Students Association (APALSA), Korean Law Students Association (KLSA), and South Asian Law Students Association (SALSA) along with Professor Mary Szto attended the Asian American Bar Association of New York’s (AABANY) Fall Conference. AABANY is the largest diverse bar association chapter in the country with several hundred people attending the fall conference.

The students participated in the Diversity Career Fair where they met with potential employers and networked with other law students and attendees. They also attended the panel discussions.

In addition, the students volunteered to help check in attendees for CLE sessions and ensure that the logistics of each session were arranged professionally for the speakers and audience.

“It was a great experience to observe and learn about public sector fields of law as well as the lives of the attorneys at the Conference as it may soon be our near future. It gave us insights into what we need to prepare for success in law school and beyond.  Also, the conference provided the students with opportunities to be interviewed, network, and secure internships in the field of their interests,” says 2L Peony Teo, president of APALSA.

The conference included panels on topics ranging from becoming a judge or prosecutor, AI, affordable housing, hate crimes prosecution to wellness, and a job fair. There were also trial practice training sessions. This year the conference co-hosted the National Asian Pacific Islander Prosecutors Association (NAPIPA) 4th Annual Conference as well.

“Our students served as volunteers at the conference and were roundly complimented for their work.  I want to thank the College of Law Asian American and Pacific Islander alumni and documentarian Samantha Cheng who generously supported our students to make their participation possible,” says Szto.

Professor Robert Nassau on IRS Pursuing More High-Income Audits: “I don’t think the average person has a single thing to worry about in terms of heightened enforcement.”

Professor Robert Nassau, Director of the Sherman F. Levey ’57, L’59 Low Income Taxpayer Clinic, recently spoke with USA Today for their article, “Flush with new funding, the IRS zeroes in on the taxes of uber-wealthy Americans”.

Nassau commented, “I don’t think the average person has a single thing to worry about in terms of heightened enforcement.” He also noted that “I think the main reason they audit poorer people is, it can be done with minimal manpower.”

Professor Nina Kohn Authors Chapter on Long-term Care in the Recently Published Book COVID-19 and the Law

Professor Nina Kohn has contributed the chapter Humane and Resilient Long-Term Care in the new book COVID-19 AND THE LAW: DISRUPTION, IMPACT AND LEGACY from Cambridge University Press.

Kohn explains, “This chapter examines the impact of COVID-19 on residents of nursing homes and other long-term care institutions, how ageism and other factors shape that impact, and what this suggests for regulatory approaches to ensuring high-quality, long-term care.”

Professor Gregory Germain Weighs in on Former President Trump’s Court Testimony

In examining former President Trump’s testimony in his New York civil fraud trial for Salon, Professor Gregory Germain says, “While I have no doubt that Trump greatly inflated his net worth, I am very doubtful that a fraud charge will hold up on appeal without strong evidence of justifiable reliance. The unusual nature of the charges, and the weakness of the showing of justifiable reliance and harm, support Trump’s claims that he is being unfairly targeted for political reasons. The polls are showing that the politically-charged case is backfiring in the eyes of the public.”