News

Professor Emeritus William Banks Discusses the Hezbollah Pager Explosion with CBC News

Professor of Law Emeritus William Banks spoke via video with CBC News on the explosion of pages amongst members of Hezbollah. He spoke about the rules of armed conflict and how they do not apply in this conflict.

“There’s no kind of a road map that tells us who can do what, who can get away with what, where this might end, how an agreement might be reached,” Banks said. “This is, of course, the broader Middle East dilemma that we are all witnessing all the time.”

While he said UN charters or NATO treaties may help regulate conflicts between states, Banks noted they don’t exist between Israel and Iran, or Israel, Hezbollah and Hamas, and therefore, “the traditional rules of armed conflict simply aren’t going to do us any good. They aren’t going to even apply in a situation like this.”

“Surreal to Hear” – University Professor David Driesen on Donald Trump’s Support of Hungarian Prime Minister Viktor Orbán During the Presidential Debate

University Professor David Driesen provided feedback to The Guardian on Donald Trump’s support of Hungarian Prime Minister Viktor Orbán and other autocratic leaders.

“Viktor Orbán is known for destroying Hungarian democracy using techniques Trump has tried to copy,” said Driesen. “It was surreal to hear Trump cite Orbán’s praise as validation of his own leadership.”

University Professor David Driesen Publishes “Does the Separation of Powers Justify the Major Questions Doctrine?” Article in the University of Illinois Law Review

University Professor David Driesen’s article, Does the Separation of Powers Justify the Major Questions Doctrine?”, is now published in the University of Illinois Law Review. The article is at Vol. 2024 No. 4 U. Ill. L. Rev. 1177 (2024.)

In summary, Driesen writes: In West Virginia v. EPA, the Supreme Court announced the arrival of the major questions doctrine and used that doctrine to limit the EPA’s ability to address the global climate crisis. It held that judges should resolve major questions—extraordinary questions of economic and political significance—through application of a clear statement rule forbidding major new applications of general policies embodied in legislation.

The West Virginia Court claimed that the separation of powers justifies the major questions doctrine but failed to explain why. The major questions cases, however, strongly suggest that when the Court decides a major question itself rather than letting the executive branch do so, the Court preserves congressional authority to legislate on major questions.

This Article shows that this assumption is wrong. Judicial resolution of major questions interferes with the prerogatives of the enacting Congress and does nothing to preserve the authority of current and future Congresses. Indeed, this Article shows that in cases employing the clear statement rule announced in West Virginia v. EPA the Court usurps the powers of Congress by, in effect, amending legislation. It also interferes with the President’s authority to execute the law. Accordingly, the major questions doctrine undermines, rather than supports the separation of powers.

Professor Shubha Ghosh Provides Insight into Google Ad Tech Antitrust Case

Professor Shubha Ghosh, director of the Syracuse Intellectual Property Law Institute, spoke with Ars Technica about the U.S. Department of Justice’s (DOJ) monopoly trial against Google that challenges its ad tech dominance.

In terms of potential remedies sought by the DOJ, Ghosh told Ars that “if this case goes against Google as the last one did, it could set the stage for splitting it into separate search and advertising companies.”

In the DOJ’s complaint, prosecutors argued that it “is critical to restore competition in these markets by enjoining Google’s anticompetitive practices, unwinding Google’s anticompetitive acquisitions, and imposing a remedy sufficient both to deny Google the fruits of its illegal conduct and to prevent further harm to competition in the future.”

Ghosh said that undoing Google’s acquisitions could lead to Google no longer representing both advertisers’ and sellers’ interests in each ad auction—instead requiring Google to either pick a side or perhaps involve a broker.

James P. Domagalski L’90 Named to Syracuse Law Board of Advisors

(Syracuse, NY – September 9, 2024) James P. Domagalski L’90, Partner at Barclay Damon LLP, has been named to the Syracuse University College of Law Board of Advisors, effective September 1, 2024.

Domagalski is an experienced trial lawyer in federal and state courts and before administrative agencies. He is also Barclay Damon’s Construction & Surety Practice Area chair. Domagalski primarily concentrates his practice on large construction disputes, complex commercial and municipal litigation, employer defense, and counseling on labor, employment, and discrimination matters. In addition to his practice, Domagalski previously served as a long-time member of the firm’s management committee and is currently the co-marketing partner.

“I welcome James to our Board and thank him for his dedicated leadership to our Alumni Association. He is an enthusiastic supporter of Syracuse Law who will bring new perspectives to the Board as we strive to deliver the best legal education possible to our students,” says Dean Terence Lau L’98.

He received a bachelor’s degree from Notre Dame University and a law degree from Syracuse University College of Law where he participated in the Moot Court program.

Professor Nina Kohn Speaks with MLive on the State of Nursing Homes in Michigan

Professor Nina Kohn discussed legal aspects of nursing home licensure and patient rights with MLive for the article “Michigan used to shut down its worst nursing homes. Then it stopped.”

The article takes an extensive review of nursing homes in Michigan and how the licensing, inspection, and closure of underperforming nursing homes have changed over time.

Regarding closing underperforming nursing homes, Kohn said states have a “dormant ability to use existing state law to get the worst actors out of the system. And the thing we’ve seen is states not using their powers.”

She continued “What you’re doing when you close a nursing home that has shown it’s incapable of necessary care is you’re protecting the most vulnerable people in your community. Certainly, moving is not what most residents look forward to. It can have ramifications. But if you keep these facilities open, you’re just perpetuating the cycle of bringing in more people to be victimized.”

Kohn notes that states’ power to license nursing homes could be an effective way to get the worst companies to improve or shut down if they don’t.  “Licensure, unfortunately, in many states, has become sort of paper pushing or rubber stamp function,” she said.

The article may be behind a paywall.

Professor Shubha Ghosh Writes Review of Professor Pablo Ibáñez Colomo’s book, The New EU Competition Law

Professor Shubha Ghosh, Director of the Syracuse Intellectual Property Law Institute, recently contributed a review of Professor Pablo Ibáñez Colomo’s book The New EU Competition Law to the Jotwell blog.

In the review, Ghosh provides commentary on developments and shifts in competition law and policy in the European Union that the book covers.

Ghosh writes, “The book provides a deep dive with much refreshing insight into the directions competition law can and should take. Professor Colomo teaches at the London School of Economics and is an Ordinary Member of the UK Competition Appeal Tribunal. His book is a masterwork for scholars and students of competition law and theory.”

‘Cuse Vet Fest Friday, September 6 at Dineen Hall

Syracuse Law and the U.S. Department of Veterans Affairs Syracuse VA Medical Center will host the ‘Cuse Vet Fest, Friday, September 6 from 10 a.m. to 3 p.m. in Dineen Hall.

Professor Elizabeth Kubala, Executive Director of the Betty and Michael D. Wohl Veterans Legal Clinic, spoke with WSYR’s Dave Allen about the event. “The College of Law is partnering with the VA Medical Center to host an outreach event geared toward any veteran in the community to explain the process for enrolling in VA healthcare and filing a claim. We’re bringing the resources from the VA to our Atrium in the College of Law. It’s a free event and we are encouraging all area veterans, including our students, staff, and faculty to learn how to access all the benefits our local VA hospital has to offer,” said Kubala.

Attendees can:

  • Enroll in VA Healthcare (Please bring a copy of DD214 and Photo ID)
  • File a claim with VBA
  • Obtain a Veteran Health ID Card (Please bring a Photo ID)
  • Learn how the PACT Act (Honoring our Promise to Address Comprehensive Toxic Acts) expands healthcare benefits for Veterans who served in the Vietnam War, Gulf War, and post-9/11 eras and were exposed to burn pits, Agent Orange, and other toxic substances. PACT Act also extends eligibility to survivors of these exposed Veterans.
  • Engage with VA professionals
  • Visit with a variety of local community resources

Representatives from Syracuse University’s Office of Veteran and Military Affairs and the Office of Veteran Success will be in attendance. Military and Veterans Law Students will guide attendees and facilitate interactions with partner organizations.

For more information, contact Emma.Avellino@va.gov or egkubala@syr.edu.

The segment starts at 2:32.

“We’d Be in Uncharted Waters” Professor Greg Germain on a Possible Jail Sentence in Donald Trump Criminal Case

Professor Gregory Germain spoke with Newsweek on the September 18 sentencing of Donald Trump in the false business records criminal case. Germain believes an appeals court would strike down any prison term.

“If Judge Merchan sentenced him to jail in the middle of the election for this records violation, I think the courts would do whatever is necessary to prevent it. We’d be in uncharted waters,” he said. “But I don’t think Merchan will sentence him to jail. I think there were serious problems with the case, and it should be reversed on appeal in due order without upsetting the election cycle.”

Professor David Driesen Discusses How the SCOTUS Presidential Immunity Ruling Could Affect New Trump Indictment

University Professor David Driesen spoke with Salon for the article, “Legal scholars warn SCOTUS could “manipulate” immunity definition to torpedo new Trump indictment” relating to a new indictment Special Counsel Jack Smith has filed against Donald Trump.

“It’s not clear whether this will work because on appeal the Supreme Court can manipulate the category of official conduct to create a broader immunity covering other elements of the indictment,” says Driesen.

“The Supreme Court ruling clearly overrode longstanding constitutional norms forbidding presidents from issuing orders to investigate political opponents or to challenge election results,” he says. “The forcing of these amendments to the indictment highlights how the high court has opened the door wide to autocracy.”