News

Professor Gregory Germain Provides Insights into Non-Disclosure Agreements Used by the International House of Prayer-Kansas City Amid Abuse Scandal

The International House of Prayer-Kansas City (IHOPKC), admits a scandal involving sexual abuse allegations against its founder, has asked staff members and volunteers to sign a Non-Disclosure Agreement (NDA) prohibiting them from talking about “information they gain access to.”

In speaking with the Kansas City Star, Professor Gregory Germain, said all states have laws recognizing a “clergy penitent privilege” that renders conversations between ministers and those they counsel inadmissible in court. The purpose, he said, is to allow pastors to provide spiritual guidance without being afraid they’ll be summoned to testify against the penitent.

One example is the confidentiality of confession, which has been subject to special confidentiality and legal protection for centuries, Germain said.

“The law, and these confidentiality traditions, are to protect the member and the free flow of information and advice between the clergy and the member, and not to cover up wrongdoing by the church administration,” he said. “There is, of course, a big difference between protecting confidential communications with members and covering up abuse or other crimes committed by the clergy or administration.”

Germain said the language in IHOPKC’s non-disclosure agreement that focuses on keeping member information confidential is consistent with the clergy penitent privilege. But the language that claims any other information that an employee or volunteer might learn, including information about other employees, he said, “seems overly broad and vague, and I suspect would be hard to enforce.”

NDAs that would prohibit workers from complying with the law, disclosing information about criminal acts to authorities, or answering questions about wrongdoing in legal proceedings, Germain said, “would likely be invalidated on public policy grounds.”

“So I don’t think they will be able to use this NDA to prevent a criminal investigation into wrongdoing or to cover up criminal acts if that’s what they are trying to do,” he said of IHOPKC. “However, it might be effective in preventing employees and volunteers from talking to the press even if the provisions were unenforceable on public policy grounds.”

The full article is behind a paywall.

Professor Katherine Macfarlane Discusses State and Federal Efforts to Recognize Obesity as a Disability

The Bloomberg Law article “Weight-Loss Drug Cases Push to Recognize Obesity as Disability” reviews a growing number of federal and state lawsuits that aim to gain health insurance coverage for GLP-1 obesity drugs based on the definition of a disability.

Professor Katherine Macfarlane, Director of Syracuse Law’s Disability Law and Policy Program, discussed a case in Maine where the plaintiff is diagnosed with a binge-eating disorder and sued their health insurer for coverage of the weight loss drugs. Several appeals courts have concluded that workers need to prove their obesity has an underlying physiological cause to bring an ADA claim.

“The addition of that [diagnosis] is savvy,” said Macfarlane. “It strengthens her case to the extent that they’re in front of a court that’s looking for an underlying condition as well.”

In a separate case, Cigna Life and Health Insurance Company is arguing that case law does not broadly recognize obesity as a disability and that the plaintiff is asking to categorize all obese people as disabled (estimated to be 40% of the U.S. population.)

Cigna is overstating the courts’ views under the US Court of Appeals for the First Circuit, according to MacFarlane. She pointed to the 1992 case of Cook v. Rhode Island, where the U.S. District Court for the District of Rhode Island suggested that no separate physiological diagnosis is needed for obesity to qualify as a disability. A longstanding tenet of disability law also requires case-by-case analyses, she said, rather than broad categorizations.

“I think the defendants are both misstating the plaintiff’s position and also overstating what federal courts have held in the context of obesity as a disability,” she said.

Professor Nina Kohn Delivers Keynote Address at the Conference of Chief Justices and Conference of State Court Administrators

Nina Kohn, the David M. Levy Professor of Law, recently delivered the keynote address at the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) Annual Conference.  The conference, organized by the National Center for State Courts, brought together the chief justices of the nation’s state courts and top court administrators.  This year, the conference focused its educational programming on guardianship and conservatorship.  Kohn’s keynote called attention to major problems in guardianship systems and urged the Chief Judges and Court Administrators to make guardianship a priority for their court systems and how court leadership can make a difference.

Kohn’s talk focused on the key civil rights concerns raised by current guardianship practice, and what courts can—and should—do about it.  Kohn explained that guardianship continues to be treated as a go-to intervention for individuals with cognitive and intellectual disabilities, not the last resort option it’s legally designed to be.  In addition, she explained that, despite reforms requiring courts to consider less restrictive alternatives, courts continue to order guardianships that strip individuals of all rights permitted under state law even when less restrictive arrangements would meet the needs of most respondents. 

Kohn then outlined a series of steps court leaders could take to not only reduce unnecessary and overbroad guardianships but also reduce the risk of abuse and exploitation by unscrupulous guardians.

After the talk, Kohn observed “I was impressed by the warm reception my remarks received.  Many of the participants expressed serious concern about the patterns of practice I described and expressed interest in making changes in their systems.  I look forward to supporting those efforts in the coming months and years.”

Kohn is a nationally recognized leader on guardianship and elder law.  Her remarks built on her scholarship around guardianship, as well as her work as Reporter for the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

Professor Olatunde Johnson to be the 60th Anniversary of the Civil Rights Act of 1964 Commemoration Speaker

Professor Olatunde Johnson of Columbia Law School will be the Keynote Speaker at Syracuse Law’s 60th Anniversary of the Civil Rights Act of 1964 Commemoration. She will deliver the address, “The Future of Civil Rights in An Age of Colorblindness”. An interdisciplinary panel discussion will follow the address.

Johnson is the Ruth Bader Ginsburg’ 59 Professor of Law at Columbia Law School where she teaches, writes, and provides public commentary about anti-discrimination law, administrative law, courts, democracy, and inequality in the United States.  She directs Columbia’s Constitutional Democracy Initiative and co-directs the Center on Constitutional Governance at Columbia Law School.  

The Civil Rights Act of 1964 is a landmark law that outlawed discrimination based on race, color, religion, sex, and national origin.

Monday, October 7

4:30 p.m.

Room 350

Reception to follow in the Atrium

RSVP to Christy Ramsdell by October 1. 

Syracuse Law’s Disability Law and Policy Program Hosts “A Body’s Work: A Discussion with Professor Britney Wilson”

Syracuse University College of Law’s Disability Law and Policy Program recently hosted “A Body’s Work: A Discussion with Professor Britney Wilson. Professor Wilson is an associate professor of law and the director of the Civil Rights and Disability Rights Clinic at New York Law School. She discussed her experiences as a Black disabled woman, civil rights attorney, and law professor.

Her discussion was based on her paper “A Body’s Work: On Self and Peer Education as a Black Disabled Lawyer” published in the Journal of Legal Education. The essay and her Syracuse Law discussion explored the effects of an overall lack of disability inclusion in the law school curriculum and how it impacts the way she navigates life and work as a Black disabled woman and attorney.

Wilson also touched upon ongoing transportation services litigation that the Civil Rights and Disability Rights Clinic is litigating by applying the Americans with Disabilities Act and New York City Human Rights law.

Also, an accomplished writer and artist, Wilson has published short stories, poetry, and creative nonfiction essays. She was a featured poet on the HBO series Brave New Voices. She explained how creativity in other areas can positively affect making creative legal arguments.

Professor Wilson also met with DLPP students to discuss their experiences studying disability law and navigating law school with disabilities.

Professor Gregory Germain Discusses Haitian Group’s Lawsuit Against Trump and Vance

Professor Gregory Germain spoke with Newsweek about a recent criminal complaint filed by The Haitian Bridge Alliance against Donald Trump and J.D. Vance. The Alliance claims that Haitian immigrants have received death threats after Trump said that they are stealing family pets in Springfield, OH.

“Knowledge of falsity is difficult to prove when politicians spread rumors. The Supreme Court would likely recognize that politicians have qualified immunity for lies under the First Amendment—otherwise, the bare-knuckle election process would be hampered,” says Germain. However, Germain said that highlighting Trump’s “reckless statements” may be the plaintiffs’ aim.

Professor Nina Kohn co-authors “Top Ten Tips Palliative Care Clinicians Should Know About Caring for Patients Under Guardianships”

“Top Ten Tips Palliative Care Clinicians Should Know About Caring for Patients Under Guardianships”, co-authored by Professor Nina Kohn, has been published in the Journal of Palliative Medicine.   Kohn’s co-authors are Dhrity Bhowmik, Sally Balch Hurme, Jasmine Sandhu, June Jeon, Syeda Sundus Mujahid, Latrice Pelissier, Eric Widera, Andrew B. Cohen, Mary Galvez, Vicki Alkire, Pamela B. Teaster, William E. Rosa, and Cynthia X. Pan.

“Clinicians working in the palliative care space frequently encounter patients for whom a court has appointed a guardian, but often are confused as to the implications for medical decision-making,” says Kohn. “I enjoyed working with this truly interdisciplinary team of co-authors to provide practical guidance that clinicians can use to better support patients under guardianship.”

Professor Suzette Meléndez Featured in Latine Heritage Month Story

Professor Suzette Meléndez was featured in Syracuse University’s Latine Heritage Month story, “Latine Voices Shape Campus Culture.”  Her work in family law, domestic violence law, and the delivery of legal services to women and children have helped put the University on the multicultural map while giving a voice to marginalized communities.

Meléndez insists that the U.S. Latine community is a mosaic, not a monolith. “We must learn to appreciate the multiple representations of how we live and what we contribute,” says Meléndez, who recently concluded a faculty fellowship in the Office of the Associate Provost for Strategic Initiatives and the Office of Diversity and Inclusion.

A common thread of her work is the interplay between law and familia. “Family is a tremendous influencer, supporter, teacher and builder of community in Latine cultures,” Meléndez says. “Family law illustrates how parenting and familial bonding across cultures is complex, nuanced and emblematic of the human experience.”

Syracuse Law Welcomes 2024 Incoming Class

Students celebrate their first day of law school under a shower of confetti

Syracuse University College of Law recently welcomed the incoming class of J.D., LL.M., Exchange, and Advanced-Standing J.D. students during orientation and Convocation.

Dean Terence Lau L’98, presiding over his first Convocation as dean, shared with the students, “Over the coming months and years, we will challenge you. We will push you to your limits. But we will also nurture your intellectual curiosity, bolster your confidence, and help you unlock your full potential. This is our solemn commitment to you.”

Dean Terence Lau delivers a speech at the podium inside the Melanie Gray Ceremonial Courtroom
Dean Terence Lau L’98 delivers a speech at the podium inside the Melanie Gray Ceremonial Courtroom.

James L. Kelly L’99, Partner, Chair, New York Private Equity at DLA Piper was the convocation speaker. Amongst his advice to the incoming students was “Long-term success is not so much about all the things you do right but more so your ability to continue onward in the face of a major setback.  Stay calm when things don’t go well.  But here is a bit of a twist to this.  Stay calm when things go well, too – this is often more important.  Being calm in these times will bring forth your virtue, make you someone that others want to be around, and eventually turn you into a leader.” 

James Kelly delivers remarks at a podium
James Kelly L’99 delivers remarks to the 2024 incoming J.D. and LL.M. students

Syracuse Law welcomed 137 on-campus J.D. students from 22 states and seven countries and 106 students in the hybrid online J.D. program (JDinteractive) representing 25 states and two countries.  In the J.D. class, 10% are veterans or military-connected and 24% are first-generation higher education students.

The audience and speakers stand as a student sings the national anthem

The 20 LL.M. students hail from Afghanistan, Brazil, Kazakhstan, Liberia, Mexico, Mozambique, Nigeria, Pakistan, Papua New Guinea, South Korea, and Taiwan with 12 holding advanced degrees. The class features Federal Attorneys, Federal Judges, human rights activists, and police investigators among other professions.

New students stand and deliver the Oath of Professional Education
Incoming students stand and recite the Oath of Professional Education.

The eight Advanced Standing J.D. students come from three states and five countries. Syracuse Law also welcomes two exchange students from the University of Rome’s Tor Vergata in Italy and a Visiting Scholar from the University of Bialystok.

“This diversity enriches our community and enhances the collaborative learning environment that defines Syracuse Law, setting the stage for an extraordinary journey ahead,” says Dean Lau.

A crowd of new students clapping in the courtroom
An audience member holds up the Oath of Professional Education
A professor carries the mace out of the courtroom during the faculty procession
Dean Terence Lau and James Kelly smile and pose for a photo

Student Attorneys Sworn in to Fall Legal Clinics

Syracuse Law recently held a swearing-in ceremony for on-campus and hybrid student attorneys participating in one of the six law clinics this fall.

The Hon. Kevin P. Kuehner L’99, New York State Supreme Court Judge in Onondaga County, was the guest speaker and administered the Student Attorney Oath, and Vice Dean Keith Bybee and Executive Director of Clinical Education Beth Kubala also spoke to the students.

The Office of Clinical Legal Education provides a practical educational experience to second and third-year student attorneys while delivering much-needed, otherwise unavailable legal resources to the communities and people of Central New York.

The clinics are:

Bankruptcy Clinic

Betty & Michael D. Wohl Veterans Legal Clinic*

Criminal Defense Clinic

Disability Rights Clinic

Housing Clinic

Sherman F. Levey ’57, L’59 Low Income Taxpayer Clinic*

Transactional Law Clinic

*Clinic is offered online for the Fall 2024 semester.