Last week, Supreme Court justices heard arguments in a case about copyright infringement and an iconic photograph of the musician Prince that was manipulated by the artist Andy Warhol. Justice Clarence Thomas posed a hypothetical question about the “copyrightability” of a blown-up version of the Prince photo in orange and the slogan, “Go Orange.”
In his preface to the question, he acknowledged that he was both a fan of Prince’s 1980s music and the Syracuse University Orange football team.
Professor Roy Gutterman L’00, Director of the Tully Center for Free Speech, wrote a guest opinion article featured on Syracuse.com about Thomas’s SU references. Of all the sports teams and college programs, how did Syracuse make it to the top of Thomas’s docket? Perhaps nobody will know for sure, Gutterman claims, later going into detail about Thomas’s 1991 commencement speech at the Syracuse University College of Law.
Professor Todd A. Berger, Director of the Advocacy Programs at Syracuse Law, sits down with CNN Senior Supreme Court Analyst Joan Biskupic as the Supreme Court starts its new term. Berger discusses hot topics facing the Court with the veteran reporter, including the Court’s legitimacy crisis, the idea of court packing, and the legacy of Chief Justice John Roberts.
Our understanding of citizenship can be transformed when viewed through the perspective of people with disabilities. How do disability rights fit into the modern Human Rights framework? Have universities become more accessible and if so for whom? Are disabled students fully included in higher education’s Diversity, Equity, and Inclusion efforts? And how do disability rights in New York State and the United States compare to other countries?
Professor Arlene Kanter, Founder and Director of the Disability Law and Policy Program (DLPP), and Yohannes Zewale LL.M. ’19 and current S.J.D. Candidate participated on the “Renewing Democratic Community: Disability Rights and Citizenship in the Modern Civil Rights Era” panel hosted by the Syracuse University Maxwell School of Citizenship and Public Affairs. The panel discussed how promoting disability rights moves us closer to realizing the promise of full citizenship in democracies here and around the world.
Led by Chris Faricy, Associate Professor of Political Science and the inaugural Hicker Family Professor in Renewing Democratic Community, additional panelists included Brian McLane, President of Paradigm Solutions; Beth Myers, Lawrence B. Taishoff Assistant Professor of Inclusive Higher Education; and Paula Possenti-Perez, Director for the Center for Disability Resources.
Professor Nina Kohn’s students often ask if an individual can be held liable for spreading COVID-19. Her Answer? “Well…maybe.”
In an opinion article published in Bill of Health, the blog of the Petrie-Flom Center at Harvard Law School, Kohn explains how an oft-ignored legal doctrine may hold the key to establishing liability in COVID-19 cases.
“The doctrine could enable plaintiffs with COVID-19-related claims to establish causation despite multiple sources of COVID-19 exposure,” Kohn says. “But if liability is not permitted to attach where one sufficient cause is ‘innocent’ — an approach seriously being considered for the Restatement Third of Torts — we should expect more COVID-19 claims to go off the rails despite clear evidence of wrongdoing.”
The College of Law co-sponsored the Raise the Age Summit this week in conjunction with the Franklin H. Williams Judicial Commission and the New York State Unified Court System Office for Justice Initiatives.
Panelists and keynote speakers examined the impact of the Raise the Age legislation on the courts, youth, and community. Passed in 2017, the Raise the Age bill increased the age of criminal responsibility in the state of New York to 18 years of age. New York was previously one of only two states that automatically prosecuted 16- and 17-year-olds as adults. The focus of the summit centered around how this new legislation impacts key stakeholders, including district attorneys, defense counsels, judges, and attorneys for the child.
“These issues concern all of us, including legal professionals and the broader community. Assessing the law at this juncture is timely and requires that we ask important questions to inform our decision making to guide our actions on juvenile justice and juvenile offenders. We must know empirically and experientially if the law is reaching its objectives, and if it applies equitably across racial, ethnic, gender and other diverse backgrounds,” says Professor Paula Johnson, a member of the Franklin H. Williams Judicial Commission who also moderated the first panel of the day, The Prosecutorial Perspective and Raise the Age Legislation: Where Do We Go from Here?
Thanks to Professor Johnson for organizing this learning opportunity for students, faculty, and guests, and to the over 30 speakers who offered their perspectives and input throughout the day.
Associate Dean Suzette Meléndez participated on a panel at the 2022 Associate Dean Conference at the Texas A&M School of Law earlier this month. Meléndez’s panel addressed issues related to Diversity, Equity, and Inclusion, including the recent addition of ABA Standard 303(c), which requires law schools to provide education to law students on bias, cross-cultural competency, and racism.
Additional sessions at the conference included panels on bar passage, professionalism and leadership, online and hybrid JD programs, rankings, and advice for those who want to become a law dean.
The College of Law’s Criminal Defense Clinic has been helping students gain practical experience in the courtroom and hone their craft since 1971.
The CDC represents low-income individuals pro-bono throughout Onondaga County, working mainly on civil matters such as shoplifting, vandalism and traffic violations. Students involved in the clinic said the experience has made them realize the impact of their work. Always under faculty supervision, they learn how to negotiate plea agreements, conduct legal research, and analyze the criminal justice system as a whole.
Members of the clinic typically discuss their cases with Gary Pieples, the director of the CDC and a teaching professor at SU. They then travel to one of several courts to meet with their clients prior to appearing before the judge.
Second-year students Patrick Farrell and Alexander Shaw took home first place in the 51st Mackenzie Hughes LLP Edmund H. Lewis Appellate Advocacy Competition. The pair also won Best Brief, and Farrell was awarded Best Advocate. 3Ls Carlos Negron and Matthew Calogero reached the finals and placed second.
“Congratulations to both Patrick and Alexander on their advocacy performance and a clean sweep of awards!” says Professor Todd A. Berger, Director of Advocacy Programs. “I’m proud of all of our competitors for all their hard work, preparation, and dedication to this year’s competition.”
Sponsored by Syracuse law firm Mackenzie Hughes LLP, this competition is open to two-person teams consisting of second and third-year Syracuse law students. The competition is named for the Hon. Edmund H. Lewis L’1909, a distinguished alumnus of Syracuse University College of Law, a partner at Mackenzie Hughes, and a Chief Judge of the New York Court of Appeals. Each year, volunteer judges evaluate the teams’ written appellate briefs as well as oral argument performance through multiple rounds.
This year’s final round judges included: John F. Boyd II L’16, Court Attorney, Fifth Judicial District of New York; Lauryn P. Gouldin, Laura J. & L. Douglas Meredith Professor of Teaching Excellence
2022–2025 & Crandall Melvin Professor of Law; David Katz L’17, Litigator, Smith, Sovik, Kendrick & Sugnet, P.C.; and Thomas M. Leith, Appellate Attorney, Hiscock Legal Aid Society.
16 additional judges, including alumni and professors at the College of Law, judged the preliminary, quarterfinal, and semifinal rounds. Thank you to Professor Courtney Abbott-Hill L’09, Craig Atlas, Piotr Banasiak, Professor Emily Brown L’09, Peter Calleri, Josh Cotter L’09, Carly Dziekan, Professor Roy Gutterman L’00, David Katz L’17, Professor Aliza Milner, Professor Gary Pieples, Brandan Ray, Michael Paul Ringwood, Professor Richard Risman, Neil Smith L’02, and Professor Monica Todd.
This year’s problem involved the epicenter of the opioid epidemic in the State of West Hampshire, now second only to West Virginia in the opioid overdose death rate. Following the rapid rise in opioid overdoses in 2017, the United States Drug Enforcement Administration (“DEA”), acting in coordination with the Burlington Sheriff’s Department, initiated an investigation into the illicit distribution of prescription opioids to West Hampshire and New Hampshire. The August 2017 search identified Brittney Cooper as an individual with an alarming number of opioid prescriptions. Cooper was charged with fraudulently obtaining several prescriptions for OxyContin and Percocet and distributing the opioids to individuals throughout West Hampshire and New Hampshire, across states, under 21 U.S.C. § 841(a)(1).
In pretrial motions, Cooper filed a motion to suppress the prescription drug records acquired from the Database. She argued that the DEA and Burlington Sheriff’s Department violated her Fourth Amendment rights against unreasonable searches and seizures because she had a reasonable expectation of privacy in her prescription drug records. The District Court denied the motion, holding that Cooper had no reasonable expectation of privacy because these records are held by a third party (the state government) and because the prescription drug industry is highly regulated. The case is currently pending before the Supreme Court of the United States.
Questions before the court are first whether an individual has a reasonable expectation of privacy in prescription drug records held in state databases of controlled substance prescriptions under the Fourth Amendment, and also whether the database search was a valid administrative and special needs search, waiving the probable cause and warrant requirements.
Dean Craig M. Boise unveiled the College of Law’s new dynamic Advocacy Honor Society permanent collection display during Law Alumni Weekend, thanks to the generosity of Hancock Estabrook LLP.
History in the making, the new exhibit case showcases key artifacts and memorabilia of the College’s triumphant advocacy competition teams over the years, unveiling the rich and evolving narrative of the College’s legendary advocacy program. The permanent collection contains artifacts from the Travis H.D. Lewin Advocacy Honor Society over the years, from 1967 through the present day.
Todd Berger, Director of Advocacy Programs, opened the dedication with a few words about the program and its students over the years. Timothy Murphy L’89, Managing Partner at Hancock Estabrook, provided remarks on behalf of the firm celebrating the decades of success of the advocacy programs and its relationship with the College of Law.
As he prepared to deliver this year’s annual State of the College Address, Syracuse University College of Law Dean Craig Boise was thinking about both place and time. Moments before, he had officially dedicated the lecture hall where he was standing in the name of Eleanor Theodore L’52. He was thinking about her legacy and gift to future generations of law students who would study there.
“Today, we honor a woman who graduated more than a half-century ago, the only woman in the Class of 1952,” said Boise. Eleanor Theodore, who also earned her undergraduate degree from Syracuse University in 1949, passed away last year at the age of 92. Her estate gift to the College of Law will create the Eleanor Theodore Memorial Law Scholarship Fund to support scholarships for deserving and promising students.
The amount of the gift was not revealed, reflecting the wishes of the donor, her lifelong modesty, and her desire to serve others without fanfare. “Eleanor was an introvert,” says Mike Bandoblu L’11, Theodore’s close friend, accountant, and executor of her estate. “She was a private person, but she always put others first. The first word that comes to mind in describing Eleanor is ‘selflessness.’”
During the dedication ceremony, Boise recalled Theodore’s career of service over nearly four decades in the Department of Law for the City of Syracuse. As assistant corporation counsel, she provided legal advice to mayors, city departments, the council, the planning commission, and others.
“You name it—whatever happened in Syracuse, Eleanor probably had a hand in it, working through multiple administrations and transitions, and helping to build and protect the city she loved,” said Boise. According to a profile of Theodore published in Syracuse Law Magazine (Fall 2007), she was the first woman in the history of the city’s law department and its only female attorney during her first decade there. She served for 37 years, under 5 mayors and 11 corporation counsels.
“Her education at the College of Law was important to her. She often told people that. What she learned here built a future for her and allowed her to live a life of service,” said Boise. “By putting her name on this lecture hall, we hope our students will remember the woman who was modest in demeanor but fierce in her commitment to serving others and the College of Law.”
In opening the program, J.D. Candidate, Class of 2024, and President of the College’s Women’s Law Students Association Julie Yang said “The Women’s Law Students Association is committed to empowering women and advancing women in legal education and the legal profession. Our mission is to advocate for gender equity and women’s causes while creating lasting relationships with our mentors and alumnae. It is fitting therefore that we should join in this morning’s unveiling, in celebration of a woman who was truly a trailblazer. I know I speak for all of my colleagues when I say that we will remember this day with great admiration and inspiration.”
In the State of the College address following the dedication, Boise noted that the College remains strong, in large part due to the generosity of alumni and friends. In 2021-22, the College exceeded fundraising goals by 40%, with $6 million raised from 1600 donors, allowing the College “to attract the best and brightest and offer them appropriate financial aid to help make their career dreams a reality.”
