In the long-format feature story in the New York Times, “The Mother Who Changed: A Story of Dementia” David M. Levy L’48 Professor of Law Nina Kohn provides perspective on the legal and sociological issues around aging, guardianship, and civil rights of the elderly.
“The question becomes, for the older adult, what are the barriers to evolving, to changing your opinions, to forming new relationships?” asks Kohn. She continues, discussing how behavior changes in the elderly may be interpreted.
(Syracuse, NY | May 8, 2023) The Office of Research and the College of Law have entered a partnership to combine the Office of Technology Transfer (OTT) and the Innovation Law Center (ILC) to advance the University’s goals in invention, innovation, and industry partnerships. This joint venture assumes responsibility for technology transfers and all aspects of the commercialization of research generated by faculty, researchers, students, and staff across Syracuse University’s schools and colleges.
“By incorporating the University’s Office of Technology Transfer within the College of Law’s Innovation Law Center, we leverage the expertise, resources, and infrastructure of our renowned program whose faculty, staff, and students specialize in IP protection, licensing, and moving new technologies and innovations from lab to market,” says College of Law Dean Craig M. Boise.
Boise also announced that Executive Director of the ILC Brian Gerling L’99, has been appointed a Professor of Practice on the Syracuse Law faculty. Gerling will provide operational oversight and strategic direction to the OTT as Special Advisor on Technology Transfer to Syracuse University’s Vice President of Research, Duncan Brown.
“Bringing the ILC and the OTT together will directly benefit the University by accelerating our technology transfer and commercialization processes and enabling law students to work with technologies and clients from within our campus,” says Brown. “With Executive Director Gerling at the helm, we will embark on an extensive strategic planning process to elevate the OTT as a gold standard for tech transfer offices among our peer research institutions.”
“The functions of a tech transfer office are perfectly suited for the ILC,” says Gerling. “Our core competencies in law and IP help to surface important legal issues and challenges early in the commercialization process which benefits clients enormously. We look forward to working with the University’s vast network of innovators and entrepreneurs, while also augmenting opportunities for our students to gain practical skills and prepare them for careers as IP and business lawyers.”
About Syracuse University
Syracuse University is a private research university that advances knowledge across disciplines to drive breakthrough discoveries and breakout leadership. Our collection of 13 schools and colleges with over 200 customizable majors closes the gap between education and action, so students can take on the world. In and beyond the classroom, we connect people, perspectives, and practices to solve interconnected challenges with interdisciplinary approaches. Together, we’re a powerful community that moves ideas, individuals, and impact beyond what’s possible.
About the Innovation Law Center and Brian Gerling
The Innovation Law Center (ILC) educates students on the technical, legal, and business aspects of bringing new technologies to market. This experiential education launches careers in law firms, corporations, government agencies, tech transfer offices, consulting and investing firms, and beyond.
ILC students work together with Syracuse University engineering and business school students to advise clients on their intellectual property (IP) assets and deliver regulatory, patent, and market research to support the commercialization of those assets. They have completed hundreds of advisory projects on behalf of universities, federal research laboratories, technology development organizations, start-ups, established companies, and entrepreneurs. ILC faculty conduct classes on IP, patent law, entrepreneurship, tech commercialization, and related topics.
ILC students are eligible for tuition relief, scholarships, summer fellowships, and paid senior research associate positions through the Empire State Development’s Division of Science, Technology and Innovation (NYSTAR), which, since 2004, has designated the ILC as New York’s only Science and Technology Law Center.
ILC’s Executive Director and College of Law Professor of Practice, Brian Gerling, has had nearly two decades of intellectual property and commercial litigation experience. He is also Of Counsel at Barclay Damon LLLP, where his practice focuses on IP, data privacy, emerging technology, and economic development. He serves on the Board of the Central New York International Business Alliance and on the Technology Council of the Manufacturers Association of Central New York. In addition to his J.D., cum laude, from Syracuse University College of Law, Gerling holds a B.S. in Biology from the State University of New York at Binghamton.
Associate Professor Jennifer Breen received a 2022-23 Laura J. and L. Douglas Meredith Teaching Recognition Award for Early Performance in recognition of her excellence in teaching.
She was “selected for this award upon the recommendation of a committee of Meredith Professors, Teaching Recognition Awardees, and student representatives.”
Professor Breen teaches Constitutional law, administrative law, and labor law. Her interdisciplinary scholarship is centrally concerned with democratic governance in the United States and pays particular attention to the roles of gender and labor politics.
She has recently completed or is working on several new articles:
The Laura J. and L. Douglas Meredith Professorships for Teaching Excellence were created in 1995 to recognize and reward outstanding teaching among faculty. In 2001, the Meredith Professorship Program was expanded to recognize teaching excellence by non-tenured faculty and adjunct and part-time instructors. Awards are given in two categories: Early Performance and Continuing Excellence.
Professor Kenn served as the Associate Dean for Clinical and Experiential Education and the Director of the Community Development Law Clinic for many years. She will be remembered as a passionate educator and mentor to hundreds of students and a relentless advocate for our community.
Read her obituary.
(Syracuse, NY | April 27, 2023) Leading expert on civil procedure, civil rights litigation and disability law Katherine A. Macfarlane will join the Syracuse University College of Law faculty as Associate Professor of Law, and Director of the College’s Disability Law and Policy Program this fall.
Macfarlane comes to Syracuse Law from the Southern University Law Center where she served as an associate professor. Previously, she served as an associate professor at the University of Idaho College of Law, and from 2013 to 2015, she served as a teaching fellow at the LSU Hebert Law Center. Macfarlane also serves as the Special Counsel for Disability Rights, Office of Civil Rights, U.S. Department of Education. Prior to entering academia, Macfarlane was an Assistant Corporation Counsel in the New York City Law Department, serving as lead counsel in federal civil rights actions. She also practiced law at Quinn Emanuel Urquhart & Sullivan in the firm’s Los Angeles and New York offices, where she represented plaintiffs in securities litigation. Macfarlane clerked on U.S. District Court for the District of Arizona and on the U.S. Court of Appeals for the Ninth Circuit. She is admitted to practice in California and New York.
Macfarlane has written extensively on accessibility, employment, accommodations, and many other disability law topics along with federal procedure and civil rights. At Syracuse Law, she will teach Civil Rights Litigation, Disability Law, and Torts.
“Professor Macfarlane deepens our bench of civil rights and civil procedure faculty with her extensive background in federal practice and procedure. She is also a noted disability law scholar who, as Director of the College’s leading Disability Law and Policy Program, will bring a fresh vision to our disability law courses and programming,” says College of Law Dean Craig M. Boise. All our students will benefit from her commitment to making the classroom an engaging learning environment.”
“I look forward to joining the impressive Syracuse Law faculty and teaching classes that align with my areas of expertise and my scholarship interests. The College of Law’s distinguished and world-renowned disability law program was a major driver of my decision,” says Macfarlane.
Macfarlane has been published in numerous law journals and high-profile publications including forthcoming works in American University Law Review and Tulane Law Review along with published articles and essays in Fordham Law Review, Alabama Law Review, Columbia Law Review, Utah Law Review, and many more.
Professor Macfarlane has chaired the American Association of Law Schools (AALS) Section on Disability Law and co-founded the AALS Section on Law Professors with Disabilities and Allies. Her academic awards include the Chai Feldblum Award, AALS Section on Law Professors with Disabilities and Allies, and the University of Idaho College of Law Diversity and Human Rights Award.
Professor Macfarlane received her B. A. in Spanish Language and Gender Studies, magna cum laude, from Northwestern University, and her J.D., cum laude, from Loyola Law School, Los Angeles, where she served as Chief Articles Editor of the Loyola Law Review and received the Order of the Coif. She was a judicial law clerk for the Hon. Arthur L. Alarcón of the United States Court of Appeals for the Ninth Circuit and the Hon. Frederick J. Martone of the United States District Court for the District of Arizona.
Professor Paula Johnson, Director of the Cold Case Justice Initiative, discussed the proliferation of Stand Your Ground laws in response to the shooting of Black teenager Ralph Yarl in Kansas City, MO.
“One of the reasons why these laws are proliferating is because they have expanded the areas in which traditional self-defense laws would have other requirements,” says Johnson, citing the Trayvon Martin case as an example.
Professor Johnson also makes a direct connection between barriers to voting and public policy that hurts minorities and people of color.
Professor Cora True-Frost L’01 recently appeared on CBS News New York to discuss the federal court rulings on Mifepristone. The segment covered the status of the drug, potential next actions, and state-level implications.
“The implications of a ruling that a judge can strike down the judgment of scientists who have ruled that a drug is effective is that judges can intervene in administrative agency decisions, generally, and they [judges] will decide whether a drug is effective.”
While many law school students learn about appellate advocacy in the classroom or on a mock trial competition team, seven College of Law students recently traveled to Washington, D.C., for an oral argument before a federal court. The students seized the opportunity to apply the skills they learned in their law school experience before a three-judge panel at the U.S. Court of Appeals for the Federal Circuit.
The Executive Director of the Betty and Michael D. Wohl Veterans Legal Clinic (VLC), Professor Beth Kubala, supervised the students along the way and applauded their efforts.
“Participating in a clinic during law school not only affords students an opportunity to work directly with actual clients on important issues, it also gives them invaluable real-world legal experience. The students learned how to navigate a complex appellate process and did so while zealously representing their client.”
Elizabeth G. Kubala, Executive Director of the Betty and Michael D. Wohl Veterans Legal Clinic
Student attorneys in the VLC represented the widow of an Army veteran in her pursuit of survivor benefits. The students initially assisted the widow in appealing this matter through the Army’s administrative process, then through the federal court system.
As the students learned, effective appellate advocacy requires a cohesive litigation team to conduct legal analysis, writing, and advocacy simultaneously. Several students contributed to the litigation team through various roles and tasks.
Last summer, VLC student Mike Poggi L’22 took the lead in drafting the appellant’s opening brief. Bill Rielly L’23 and 2L Milana Casillas helped with research, responding to motions, and brief writing and editing. During the summer, as part of clinic case rounds, all students collaborated in reviewing the draft brief, providing feedback, and helping to shape the final submission. Leveraging clinic students for this purpose brought fresh perspectives, objectivity, and ideas for new approaches to challenging issues.
“Under the leadership of Professor Kubala, we cultivated a dynamic work environment that promoted collaboration and efficiency. Her guidance and support were instrumental in helping us navigate the complexities of our case, and she always went above and beyond to ensure that we had the resources and support we needed to succeed. It has been rewarding to work towards our goal with full confidence in one another and with the support of the Syracuse Law.”
2L Milana Casillas
“In the Veterans Legal Clinic, I had the privilege to work with online JDinteractive and residential J.D. students from across the US, collaborating on research, editing, and motion filing for an important case on behalf of a veteran’s widow. This experience culminated in an awesome morning at the United States Appeals Court for the Federal Circuit in Washington D.C., where our lead Syracuse student attorney persuasively argued before the Court,” says Rielly.
In the fall, after receiving the government’s response brief, Ben Emmi L’23 volunteered to draft the appellant’s reply brief to counter matters raised by the Department of Justice. Again, the team mobilized to analyze the government’s approach, refute opposing arguments, and respond appropriately to convince the court that the law supported a finding for the client.
With more than 80 percent of federal appeals decided solely based on written briefs, it came as a bit of a surprise in the spring when the clinic received notice that the Federal Circuit requested an oral argument. Emmi rose to the challenge, narrowing the issues and determining the strongest arguments.
Syracuse Law community members mobilized to hold moot court proceedings to emulate the experience of arguing a case at the appellate level. Professors Shannon Gardner, Courtney Abbot Hill L’09, Kelly Curtis, and Adjunct Professor Dean DiPilato from Mackenzie Hughes donned judicial robes and held two separate moot court sessions where they replicated real court proceedings by asking numerous questions to force Emmi to think on his feet and practice engaging with the bench. During the first moot court session, the entire proceeding was filmed for later use in one of the College’s Appellate Advocacy classes.
Each moot court session helped Emmi refine his knowledge of the facts of the case, practice his opening statement, and expertly frame the issues consistently. The students provided feedback, discussed the strengths and weaknesses of the arguments, and continued to predict the questions the judges would pose.
In early April, a team of students gathered in Washington D.C. for the oral arguments before the U.S. Court of Appeals for the Federal Circuit. Prepared and composed, Emmi confidently appeared before the three-judge panel to emphasize arguments made in the briefs and respond to pointed questions from the judges. The oral argument represented the culmination of 24 months of effort from the entire clinic.
“We were able to put on two moot arguments with the help of Professors Abbott-Hill, Curtis, and Gardner, and Mackenzie Hughes partner, Dean Dipilato. I owe them a huge thank you. They were incredibly dedicated to learning the subject matter and providing me with the most realistic experience possible, not once but twice. As a testament to their judicial prowess, many of their questions during practice came up during the actual argument. I can sum up my argument in front of the Federal Circuit by saying that I wouldn’t have even had such an incredible experience without the support of my peers and Syracuse Law faculty,” says Emmi.
After an outstanding morning in federal court, the students enjoyed engaging with alumni and partners across the nation’s capital. The Marshal of the U.S. Supreme Court gave the students an insider’s view of the courtroom and other historic portions of the building. Bill Van Saun L’19 provided the students with current perspectives from the Senate Committee on Veterans Affairs, where he serves as Legal Counsel. The next day, 2L Cody Nagel hosted students for a tour of the White House, where she currently is interning with the Office of National Drug Control Policy.
1L D’Andre Gordon was named a Federal Magistrate Judges Association (FMJA) Fellow for the 2023-2024 academic year. He is one of eight law students nationwide to be named a FMJA Fellow. Gordon will be interning for the Hon. Thérèse Wiley Dancks L’91, U.S. Magistrate Judge for the Northern District of New York.
According to the FMJA, “The FMJA is committed to diversity and inclusion in the legal profession and the courts. For this reason, FMJA, in collaboration with Just the Beginning – A Pipeline Organization, created the fellowships to support and promote the placement of diverse and underrepresented law students in judicial internships with U.S. Magistrate Judges. Each FMJA Fellow will also have the opportunity to participate in FMJA programs advising students about the application process for federal clerkships and the various career pathways to the bench.”
Gordon says, “As someone who identifies strongly with Black people’s struggle for liberation, the FMJA fellowship is necessary for increasing diversity in the judiciary. Because the intersection of race and class permeates every aspect of our lives, the federal judiciary must strive to reflect the demographic makeup of the U.S. population. Otherwise, there is a real risk that federal courts will cause more significant public harm, and public trust will erode. Working with a magistrate judge will allow me to better understand how federal judges decide cases of great importance while also learning about multiple areas of law. Using the skills I’ll gain working in a judge’s chambers, I hope to become a stronger and more effective advocate for individuals and groups lacking access to the legal system.”
Transactional Law Clinic (TLC) 3Ls Brian Harrison and Alexis Telga recently spoke to a group of Syracuse University Newhouse School of Public Communication students on “Creating Your Own Media: Legal Considerations When in Business for Yourself.” Harrison and Telga, along with TLC Director Professor Jessica Murray, covered legal topics for students considering setting up their own business or freelancing, in fields such as photography, graphic design, and writing. This included an overview of the different business entities, how to set up your entity, and copyright and trademark considerations.
The TLC was invited by J Elliott Lewis, Newhouse Professor of Practice, Graduate Program Director, Broadcast and Digital Journalism.
