News

Professor Shubha Ghosh Discusses Legal Issues Around Removing Explicit Images Online

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 Wins the Hancock Estabrook First Year Oral Advocacy Competition

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 Berman
Erica 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 publishes “The Role of Human Rights Indicators in Assessing Compliance with the UN Convention on the Rights of People with Disabilities”  in the Georgia Law Review

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.

The article can be found here.

The citation is 58 Georgia Law Review 663 (2024).

Professor Paula Johnson on Unresolved Civil Rights-era Killings: “There wasn’t a Commitment to Solving the Cases.”

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.”

This article may be behind a paywall.

3L Shannon Chamberlain Named the Recipient of the Communication and Media Law Student Research Paper Award

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.

Alumni Gather and Network in Denver, CO

Our Denver-based alumni came together for a networking event at the Wynkoop Brewing Company in January of 2024. Online JDinteractive students in town for an Arbitration Residency also joined in on the fun – see a few photos below.

Two women smile and talk to eachother while holding a baby

Man smiles and looks to the left while holding a drink

Group of people stand around and chat in the brewery

Dean Boise talking to two people animatedly

Three alumni smile at the camera

A group of seven alumni smile at the camera together

Melissa Cassidy smiles and chats to an alum

Two alumni smiling in conversation, one holding a wine glass

Woman smiles and talks to someone while holding a wine glass

Woman smiles at the camera while holding her baby in front of foosball tables

Two men smiling and talking to each other

Man smiles and talks to another man while holding a wine glass

Two alumni smile at the camera

Sign of Mile High City text in the brewery

Five alumni talk outside in a circle outside of the Wynkoop Brewing Co.

Women smiles talking to other alumni in a group.

Three men stand in front of a pool table and smile at the camera

Dean Boise talks to a group of people

Group of alumni hold drinks and chat animatedly in a circle

Group of three men cheers with their drinks and smile

Professor Shubha Ghosh Discusses Legal Strategies in the Taylor Swift Deepfake Porn Issue

Professor Shubha Ghosh, Director of the Syracuse Intellectual Property Law Institute, discussed with The Street the legal options for Taylor Swift in the recent Deepfake porn issue.

According to Ghosh, the first legal step is “identifying the right set of defendants to bring the possible claims against.” In theory, Ghosh said, “she could raise defamation suits against the AI software company and people who shared the image.”

Professor Arlene Kanter on the Dunkin’ Donut Discrimination Lawsuit

Professor Arlene Kanter, the Founding Director of the Disability Law and Policy Program, recently spoke with NBC News Now about a lawsuit against Dunkin’ Donuts that claims the company discriminates against customers with milk allergies by charging them more for non-dairy alternatives. The lawsuit seeks remedy under the Americans with Disabilities Act (ADA).

“People who have chronic conditions, such as lactose intolerance or food allergies, if they are substantially limiting the ability to eat or function day to day, they are considered disabilities under the act,” says Kanter.

She adds, “They offer sweeteners that are not sugar and decaffeinated coffee. To single out a non-dairy alternative is discriminatory.”

Professor Robert Nassau on the IRS’s Pilot Free Online Tax Filing Program: “It’s one more option for free tax preparation, and hopefully people will take advantage of it.”

Professor Robert Nassau, Director of the Sherman F. Levey ’57, L’59 Low Income Taxpayer Clinic, spoke with the Associated Press about the IRS’s pilot program to provide a free online tax filing service.

The IRS Direct File program is being tested in 12 states this year as an alternative to commercial tax preparation software.

“I really hate to see lower-income people giving money to paid preparers,” Nassau says. “I get angry about it.”

Professor Shubha Ghosh Explains the Kat Von D Tattoo Copyright Verdict

Crandall Melvin Professor of Law Shubha Ghosh commented to the New York Times on the verdict handed down in the copyright trial of tattoo artist Kat Von D, who was sued by a photographer for using his photo as the basis for a customer’s tattoo. The jury ruled unanimously in favor of Von D that her work did not violate copyright law.

Ghosh, Director of the Syracuse Intellectual Property Law Institute, said, “The idea behind fair use is that creative works build upon other creative works.”