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The View from the Corner Office: Stories Book 2022

ALUMS REFLECT ON THEIR JOURNEY FROM LAW SCHOOL TO THE C-SUITE

The College of Law has produced extraordinary leaders throughout our history. Today, our alumni include the President of the United States, a congressional representative, elected and appointed officials at all levels of government, judges, other public servants, business and nonprofit executives, entrepreneurs, writers, managing partners, and law firm chairs, and so many others in positions of influence.

In this third edition of The View from the Corner Office, we focus on alumni in senior leadership or entrepreneurial positions in medicine and pharmaceuticals. To be sure, the pandemic has placed a spotlight on public health, global health, and healthcare systems. Here are the stories of just a few of the College of Law’s alums who have risen to the daunting task of helping to attain the highest level of healthcare delivery by utilizing their law school training.

Along the way, we learn that for an Orange lawyer, any career benefits from a Syracuse law diploma. Look for more C-suite stories in future issues of the Stories Book, and if you missed them, prior issues, too, on our website.

​Connie Matteo L’91

Assistant General Counsel in Pfizer’s Civil Litigation Group

Connie Matteo L'91
Connie Matteo L’91

Prior to joining Pfizer in October 2009, Connie Matteo L’91 was a Senior Corporate Counsel at Wyeth. Before going in-house, she was a principal of Porzio, Bromberg & Newman in Morristown, NJ, and a member of the firm’s Litigation Department. Her practice focused on complex product liability, including pharmaceutical drugs and medical devices product liability claims. She also counseled pharmaceutical clients on issues related to regulatory compliance.

Matteo has authored a number of articles related to product liability litigation and regulatory compliance, frequently speaks on topics related to such litigation, and serves as a guest lecturer at two law schools.

Her interest in science was prompted by Matteo’s own struggle with lupus, a chronic autoimmune disease. “As a patient, I have a deep respect for the work that pharmaceutical companies do to improve the health of patients,” she says, noting the diagnosis pushed her to hone her focus on the pharmaceutical world.

What was your path to get where you are? 

When I started at the College of Law, I definitely didn’t see myself in my current role. As a first-generation student, my knowledge of the legal profession was fairly limited. I was also a bit shy, so I certainly never saw myself as a litigator. My original goal was to become a human rights attorney and to return to Amnesty International where I had interned in college. I attended an international law symposium during my first year of law school and quickly realized that international law wasn’t for me.

My career path was not typical for an in-house lawyer as I started my career as a plaintiff’s lawyer at a small firm. One of the two partners at the firm was a College of Law alum. As a benefit of working at a small firm, I had the opportunity to get substantive, hands-on experience, especially trial work. By my third year of practice, I recognized that I enjoyed cases that involved science and moved to a large firm’s product liability group in 1994. As an associate and partner, I worked on many matters for Pfizer and Wyeth. In 2007, I joined Wyeth which was later acquired by Pfizer.

How did law school prepare you for your current role?

One of the highlights of my time at Syracuse was participating in the College of Law’s trial advocacy program. I gained so much from that experience. I learned practical litigation skills, such as learning to think on my feet and make decisions quickly. I use the skills gained in the trial advocacy program almost every day.

Is there a professor or mentor during your time at the College of Law that stands out? 

Professor Travis H.D. Lewin. Not only did I gain a tremendous amount from his evidence and trial practice courses, but he was also a mentor and coach for the trial teams.

In light of the pandemic, what innovation has most affected your industry or how you practice law?

Zoom has dramatically changed my practice over the last two years, and I suspect it will continue to have a role after the pandemic. Before the pandemic, I traveled regularly for case management conferences, depositions, and trials. My only exposure to Zoom prior to the pandemic was once, as a guest lecturer at another law school. In the last two years, I’ve participated in roughly 10 mediations over Zoom. I’ve observed many oral arguments, case management conferences, depositions, and several jury exercises. We’ve even had an arbitration over Zoom. The ability to participate in hearings and conferences without traveling is a significant time-saver.

How has your organization overcome challenges posed by the COVID-19 pandemic?

Pfizer moved at lightning speed to make the impossible possible: Produce a COVID-19 vaccine in less than one year. But we also committed to changing the normal ways of working. We’ve had to pivot from traveling to attend in-person meetings to Zoom, and have adopted this “lightning speed” mentality in all the work that we do. We cut out red tape where we can, and closely collaborate with colleagues and partners to accomplish our purpose—breakthroughs that change patients’ lives. As the litigation lawyer that supports Pfizer’s vaccine team, it has been a very busy past couple of years but the work I’ve done and continue to do is the most meaningful and satisfying work I’ve ever done.

Jeremy McKown L’98

Vice President of Law, Janssen R&D at Johnson & Johnson

Jeremy McKown L'98
Jeremy McKown L’98

In overseeing a global legal team at Johnson & Johnson, most recently pursuing an expedited development of a COVID-19 vaccine, Jeremy McKown L’98 relies on effective communication and practical decision-making. Sometimes, including when facing a global pandemic, he says, solutions must be found both creatively and through compromise. 

“For every facet of the vaccine development process, my team was involved from a contract perspective, but also from a counseling perspective, because we were trying and doing things we hadn’t attempted in the past.”

In his work, he most enjoys negotiating complex license agreements but says he’s had a varied career. “It’s been a very fulfilling journey.” He finds gratification especially in seeing a successful outcome after a patient has benefited from a J&J clinical trial or a newly approved medicine.

“When I see someone whose life we’ve helped or saved, it brings tears to my eyes. It’s the same thing with our vaccine effort over the past two years, when I see what that’s done for society across the globe, I take it to heart. It’s very rewarding, and it’s exciting working on programs that may save people’s lives, or at the very least, make their lives better.”

What is your current position and what was your path to get where you are?

In my current role as head of R&D legal for J&J’s Pharmaceutical Group, I manage around 30 lawyers and professionals across the globe. We focus on transactions and spend much of our time drafting and negotiating clinical trial agreements, complex R&D agreements, and other types of agreements needed for our R&D business. Prior to taking this role in 2019, I worked at J&J as a patent attorney in our pharmaceutical and consumer businesses.

After my first year at Syracuse, I knew I wanted to do intellectual property law. To further investigate, while in school, I took a part-time job downtown with a small IP firm. This helped crystallize that I wanted to be an IP lawyer, particularly focusing on patent law. I first started in Washington, D.C. because I was told this is where all the patent IP firms were. I worked at Dorsey & Whitney and then Wilmer Hale and felt extremely fortunate to find general practice firms that exposed me to patent preparation and prosecution, patent litigation, IP due diligence, and significant transactions including complex license agreements.

How did law school prepare you for your current role?

Learning to think and approach problems differently was the biggest takeaway. Spending my undergraduate and graduate years in science required a different mindset. From the first day in law school, I recognized the need to approach problems from a different perspective. The most beneficial subject matter was taking federal courts and patent law courses and discussing practical examples. The best way to figure out how to draft a patent claim is to actually practice doing it. Professor Theodore Hagelin’s Law Technology Management Program (now known as the Innovation Law Center) was extremely important because it was less about reading textbooks and more about interacting with other law students and companies on projects. The huge benefit there was that we were working on real projects and interacting with different companies on these projects.

We worked on projects we knew would have an impact on large Fortune 500 companies or small start-ups. To sit across the table with business leaders and discuss our research and tell them what plans we’d developed and how they could maximize their intellectual property was an important skill-building tool. It was as close as you could get to a real-world experience, and that hands-on experience was extremely valuable.

Is there a professor or mentor during your time at the College of Law that stands out? 

Professor Lisa Dolak L’88, who taught patent law and federal courts, was great because she had industry and legal experience. It wasn’t just theoretical like reading a textbook, it was a real-world experience that she was sharing with students. On top of that, during my third year, under Professor Hagelin, I was a teaching assistant for the Law Technology & Management program. The combination of learning from both professors really solidified my interest in IP.

In light of the pandemic, what innovation has most affected your industry or how you practice law?

Zoom has been incredibly important. Before we would do conference calls, but you never really knew if people were paying attention. During the pandemic, it was an extremely important tool to be able to visually connect and talk through issues. It didn’t solve every problem, but it made things more personal. From a mental health aspect, it was essential given that many of my team members were isolated in their apartment buildings. After meetings, I often received comments about how connected people felt thanks to this medium. This was really gratifying to hear and made me feel better as a team leader.

The pandemic also made people think differently about how and what tools can be used to get things done quicker and more efficiently.

Consider artificial intelligence (AI) and machine learning, which have grown by leaps and bounds. We are now piloting AI tools to make the practice of law more efficient. We look at complex transactions a different way than simple transactions. Confidentiality agreements (CDAs) and non-disclosure agreements (NDAs) are the simplest forms of contracts we work with. If we can use an AI tool to craft the CDA or NDA and redline it when it comes back from another party, it makes a lower priority – but essential – task much more efficient. Then we can focus on higher-priority work. There’s not an AI tool or company out there that I’m aware of that has solved every issue, but we are spending time looking at different tools that will make contracting more efficient, and, I think, easier for attorneys to spend more time on higher value work.

Can you talk about your legal role in the COVID-19 vaccine rollout?

I have a number of examples. To run a clinical trial, you need to have a clinical investigator and other health care professionals work with the trial subjects. In many situations, people didn’t want or couldn’t go to a hospital or clinic because of the many restrictions related to COVID-19. This was completely understandable given the pandemic. We had to think about new ways of working, e.g., how to allow nurses and other healthcare professionals to go into people’s homes. My team—which includes Carrie Kissick Rabbitt L’03 and Michael McCabe L’06—worked with our clinical and R&D teams to develop creative solutions, in a compliant manner to make this happen. Given the benefits of these new practices, we continue to use some of these new ways of working.

For the vaccine itself, we were part of Operation Warp Speed (OWS), which was formed under the Trump administration and continues under the Biden administration. The goal of OWS was to accelerate the development of safe and effective vaccines for COVID-19.

This required my team to quickly draft and negotiate agreements together with a number of different stakeholders within the federal government, including the National Institute of Health and Biomedical Advanced Research and Development Authority, and develop budgets and flexible contract language, while also focusing on clinical data transfer and privacy issues.

Another significant issue was identifying clinical trial sites and recruiting patients while managing staff shortages, supply chain bottlenecks, and pandemic fatigue. We worked closely with our scientific teams as they utilized AI tools to predict the right hotspots three to four months in advance at the country, state, province, and county levels. Setting up our clinical sites in the right locations was critical to evaluating the safety and efficacy of our vaccine. We had weekly meetings with our vendors and partners to ensure we were on track. As you can imagine, there were so many moving parts in the vaccine clinical trial.

And at times, the contracts weren’t exactly the way we wanted them, but we had to move quickly and balance the level of risk with the time necessary to negotiate the perfect contracts because, in a global pandemic, every day that went by was a delay of a getting a vaccine to the global population. People’s lives were at stake. The amount of time we put in was unbelievable— the team gave up vacations, holidays, and weekends, and reprioritized other projects. It was a heroic effort by everyone, from the scientists to the lawyers, to get things across the finish line.

Dean A. Rosen G’90, L;90

Partner at Mehlman Castagnetti Rosen & Thomas

Dean Rosen G'90, L'90
Dean Rosen G’90, L’90

As an expert on America’s complex health care system, Dean Rosen G’90, L’90 says health care became his focus by accident but has endured because of his work’s important interplay and intersection with policy and people’s lives. 

“Health care has been such an interesting career focus,” he says, “because it makes up one-fifth of our economy; because, at the federal level, it is the most heavily regulated portion of the economy, and because the government is a major payer for health care services.” The federal government, in his view, is more important to healthcare stakeholders than to almost any other constituent because of the unique nature of the sector—government programs impose detailed rules and regulations and set rates and reimbursement parameters and protocols.

Rosen played a leading role in developing and advancing health policy through influential posts on Capitol Hill for 15 years. On the Hill, he divided his time between traditional labor issues, law reform issues, and health care, which, he says, were the “Super Bowl of legislation” in the early ’90s. His efforts helped to create the Medicare Prescription Drug Improvement and Modernization Act of 2003 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), among others.

Rosen says that lobbying and policy are a very “hands-on, personal services business” where one’s background is a driving force for success. Thus, his own experience and credibility on the Hill and his knowledge helped him grow the then Mehlman Castagnetti lobbying firm from a dozen clients to now approaching 150, half of whom are in the healthcare field

What was your path to get where you are? Did you see yourself in this role or field while in law school?

Initially, my interest was in a law career that embraced communications, which is why I did the dual degree with Newhouse. I was flexible on what that would be.

I loved the study of law, but I found the practice of it in a big firm setting not enjoyable. After a couple of years working in the law firm setting, I volunteered on political campaigns and eventually took a leave of absence to work on Capitol Hill. That time really underscored for me that I wanted to have a career in government and politics, and not at a law firm.

In 1993, I was hired by my home state senator from Minnesota, David Durenberger, a healthcare expert. Bill Clinton had just been elected president, and his highest priority was comprehensive health reform. Senator

Durenberger served on two key committees in the Senate that dealt with health care, and I was hired because of my legal background and the work I’d done as an employment lawyer. When it was clear that the Clintons were going to really push on health care, Durenberger deployed all of us on his staff to work on the issue. I had to learn the issues really quickly, and I rapidly developed a deep interest in them.

So, health care was really by accident. After spending years working in various positions on Capitol Hill as a senior staff person for various committees that dealt with health care, policy issues, and Congressional leadership, I joined the firm Mehlman Castagnetti, which was at that time a five- or six-person lobbying firm. We’ve now grown to about 20 full-time lobbyists. We’re one of the biggest government relations firms in D.C. and have been ranked in the top 10 for the last couple of years.

Now day-to-day, I use a lot of the skills and the strategic insights that I gained from working in government to help clients navigate through a number of issues, whether it be trying to pass or stop legislation, helping to shape regulations, or helping clients understand what’s going on in Washington, and how that may impact their strategic goals and business.

How did law school prepare you for your current role?

I have a nontraditional career. I’m a lawyer in the sense that I keep my bar license and use my legal training, but I really don’t practice law. I work as a lobbyist, but just as I did on Capitol Hill, I utilize the skills I learned at Syracuse Law. My clients are trying to figure out, every day, how they can comply with the law, and how they can change laws. I apply what I learned from my coursework in administrative and regulatory law specifically, as well as more broadly what I gained in legal reasoning and interpretation skills. Beyond that, law school gave me the ability to look critically at an issue, analyze a document, to think creatively about how to solve problems. I use that every day, whether I’m drafting a piece of legislation or analyzing a regulation.

Is there a professor or mentor during your time at the College of Law that stands out? 

Professor Theodore Hagelin, who led the Technology Commercialization Law Program,(now known as the Innovation Law Center), really cared about and understood the intersection between law and the technology sector. He was also my Law Review note advisor. My Law Review note was about a Federal Communications Commission regulation that I felt needed to be reexamined given the evolution of technology. Because it was a complex issue, I don’t think I would have been able to write it without somebody like Professor Hagelin who understood and had a passion for this area. Also, Professor Travis H.D. Lewin, who led the moot court program, stands out. He had a way of making law fun, and he was passionate about his students. Public speaking is a big part of what I do now, and he helped me gain the confidence I need to advocate for issues in front of small and large audiences.

In light of the pandemic, what innovation has most affected your industry?

The rapid development of vaccines is the most significant. I think the fastest development of a vaccine before COVID-19 was five years, and the COVID-19 vaccine was developed within a year. Additionally, while doctors and nurses had begun using telehealth, the pandemic accelerated the use and acceptance of telehealth as a healthcare delivery method because of necessity. I personally worked on that front, in order to help providers secure the waivers and greater flexibility they needed for telehealth. There are strict government restrictions in place, with Medicare in particular, around how seniors can get care. These restrictions have been waived during the pandemic. I think that the new modality may be one of the biggest changes in our healthcare system brought on by the pandemic. We have such a shortage of providers, especially in mental health, I believe this is an area where telehealth is going to expand and change how we deliver much-needed care to patients moving forward.

G. Randall Green L09

Division Chief of Cardiac Surgery and Director of Upstate Heart Institute, SUNY Upstate Medical University; Founder at Phairify, Inc.

Dr. Randall Green L'09
Dr. Randall Green L’09

Day-to-day, G. Randall Green L’09 is a heart surgeon. In the midst of his decades-long medical career, he’s also completed both law and business degrees, which he utilizes within and outside of his demanding work at Upstate.

Green’s time in legal practice focused on transactional health law. He represented physicians and physician groups in contract negotiations with hospitals. During this time, he says, it became clear that physicians struggled to define their fair market valuation. “In that process, I learned that fair market value was rarely what it seemed to be,” he says because it is based on “horrendously bad information.”

The reason: The body of market research done by several third-party providers relies on a sample size of about 3% of physicians. This is often only representative of large, multi-specialty groups. Based on all he learned while representing physicians, and what he has observed in the field as a practicing physician and a medical team leader, Green decided to help solve the problem.

In 2019, he founded Phairify, a web-based platform that helps physicians measure their professional value based on aggregated and specialty-specific data. The platform also helps recruiters to better understand and price the market for physicians and inform recruitment practices.

What elements of your legal training do you apply in your current work?

I think the practical aspect of working with clients tops the list. In the third year of law school, I worked with two different clients, one from Rochester and one locally through the College’sTechnology Commercialization Law Program (now known as the Innovation Law Center). These companies told us about a problem they had and, working in a four-person group, we analyzed the problem and the intellectual property around it. Efforts included commercialization opportunities, device research, examination of the finances, etc. It was a great opportunity to dive into a problem like an entrepreneur and then be meticulous in terms of parsing out the problem, understanding it, and then going through a series of solutions to be successful. It’s now the same thing my team does with our company.

The Innovation Law Center now continues this work, and things came full circle when we became a portfolio company in the center. I saw in action now what I saw in my third year. Students did their review and gave us ideas on what could be protectable intellectual property.

Is there a professor or mentor during your time at the College of Law that stands out? 

Professor Ted Hagelin, who founded and served as director of the Technology Commercialization Law Program, was spectacular. This program was heavy into patent law, and IP, and very much about how you start with an idea, protect the idea, and commercialize the idea. Entrepreneurship was a big part of my life. Professor Hagelin really opened my eyes to what in a business is a protectable asset as intellectual property. He made it very clear how one can run a business up to the margin of the law. He helped me discover that I really understood very little about business. That’s why I went on to Cornell University for business school immediately following law school. Professor Hagelin had a massive impact on my understanding of the commercialization process, and how business and law intersect.

Additionally, Professor Lisa Dolak L’88 was a powerful influence as well. I think she was a spectacular educator and taught me a great deal about patent law and, indirectly, business.

How has your work been impacted by the COVID-19 pandemic?

I approach everything from a transactional health law perspective, centering on physicians and hospitals working together. I would have to say, COVID has strained that relationship. COVID put all healthcare providers in a trying position, by having to provide care to a great number of people in the setting of scarce and constrained resources. We are at an all-time high, I think, of physician burnout. Physicians are leaving their practices in large numbers, which exacerbates the looming problem of a predicted shortage of physicians. Many are leaving current roles to look for better offerings, with greater resources, and a solid percentage of physicians are permanently leaving. Many physicians are also near retirement, which exacerbates the problem.

Health care doesn’t happen for patients unless physicians and hospitals work together… hospitals can’t deliver care without physicians. We are heading into an era where there are going to be very few physicians. We’re looking at a shortage of about 140,000 physicians by 2035. As physicians become increasingly scarce, we see a real opportunity in empowering physicians and helping them to quantify their market value and exert control over the jobs they seek and get; in turn, that information allows employers to come in and shape jobs that meet physicians’ expectations and advance their delivery needs.

How do you balance running a company and a full-time role as both a cardiac surgeon and hospital leader?

Any startup really has to be done in your spare time. And, you just have to make the time.

They’re incredibly resource-needy. My hospital job takes precedence: I’m a heart surgeon all day long. I fit in all the other activities on nights and weekends. I’m lucky to have three outstanding co-founders. We meet Tuesday, Thursday, and Sunday nights for two hours, no matter what.

We schedule additional meetings as needed. But you’re always doing something: you’re either raising money; selling the product, both to society and physicians; generating marketing and advertising content, or overseeing the design of the application.

Final thoughts?

As a practicing physician, an attorney, and an entrepreneur, I credit a great deal of whatever small success I’ve had to Syracuse University College of Law. It was a great experience. It’s a phenomenal law school, and I’m very proud to be an alumnus.

Professor Nina Kohn Reacts to Big Law Firms Join Nursing Homes, Hospitals in Fight Over Liability for COVID-19 Deaths

Professor Nina Kohn

In the New York Law Journal story, “Big Law Firms Join Nursing Homes, Hospitals in Fight Over Liability for COVID-19 Deaths”, Professor Nina Kohn notes that the introduction of more high-powered attorneys signals that providers—which are often large, chain entities that own facilities across multiple jurisdictions—might be stepping up efforts to secure appellate victories.

Prolonging—and winning—the battle over where these cases are heard also benefits providers because it increases the expense for plaintiffs’ counsel and potentially discourages other individuals from bringing suits, Kohn said.

“This isn’t just defeating a claim in a particular facility or even in a particular jurisdiction but looking out for the interests of a large organization that may span many different states,” Kohn said. “If you can take care of a bunch of states in one fell swoop, that’s efficient. … As plaintiffs’ attorneys are trying to figure out what is viable under COVID and what is not, a few key wins at the federal level could have a desired chilling effect from the industry’s point of view.”

S.J.D. Cohort Featured by Syracuse University

The College of Law’s first cohort of Doctor of Juridical Science in Law (S.J.D.) students and their academic pursuits are profiled in the Syracuse University story, “Elevating Law Research”.

Learn how Renci “Mercy” Xie LL.M. ’20, Ricardo Pereira LL.M. ’18, Jawad Salman LL.M. ’18, and Yohannes Zewale LL.M. ’19 have come from around the world to the College of Law to complete their Doctor of Juridical Science in Law degrees, focusing on employment discrimination class actions, tax law, and disability law.

Professor William C. Banks is Interviewed on Those Facing Subpoenas in the January 6 Inquiry

Professor of Law Emeritus William Banks

Professor Emeritus William C. Banks is quoted by the New York Times in the article, “Facing Subpoenas, Trump Allies Try to Run Out the Clock on Democrats.” Professor Banks notes that for those facing subpoenas in the January 6 inquiry, “The law is not on their side at all, so the only thing they can do is what often happens in litigation, which is to drag it out and seek to delay because the elections are coming.”

Executive Authoritarianism

A Celebration of Professor David Driesen’s “The Specter of Dictatorship”

Friday, November 12, 2021 

Melanie Gray Ceremonial Courtroom | Dineen Hall, Syracuse University College of Law

Presented by Syracuse Law Review

Co-sponsored by the American Constitution Society and the Federalist Society.

7:45 – 8:45 a.m. | Breakfast in the Levy Atrium

8:45 – 9:00 a.m. | Introductions

Welcome, Dean Craig M. Boise

            Introduction to The Specter of Dictatorship, Professor David M. Driesen

9 – 10:30 a.m. | Panel One: The Unitary Executive, Autocracy, and American History 

Moderator: Professor Kristen Barnes, Syracuse Law

  • Jed Shugerman, Professor of Law, Fordham University School of Law
  • Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University
  • Noah Rosenblum, Assistant Professor of Law, New York University School of Law

10:45 a.m. – noon | Panel Two: The Supreme Court’s Embrace of Executive Power 

Moderator: Professor Mark P. Nevitt, Syracuse Law

  • Julian Mortenson, James G. Phillipp Professor of Law, University of Michigan Law School
  • Tom Keck, Professor of Political Science and Michael O. Sawyer Chair of Constitutional Law and Politics, Maxwell School of Citizenship and Public Affairs, Syracuse University
  • Heidi Kitrosser, Robins Kaplan Professor of Law, University of Minnesota Law School

noon – 1 p.m. | Lunch

1 p.m. – 2:15 p.m. | Panel Three: Reforming Presidentialism: Comparative and Domestic Perspectives 

Moderator: Professor C. Cora True-Frost, Syracuse Law

  • Andrea Katz, Associate Professor of Law, Washington University School of Law in St. Louis
  • Cem Tecimer, Harvard Law School
  • Robert Tsai, Professor of Law, Boston University School of Law

2:15 – 2:30 p.m. | Concluding Remarks from Professor Driesen

Professor Mark Nevitt in Just Security: Reforming the Insurrection Act

(Just Security | Oct. 20) When can the president deploy the federal military on American soil? What are the legal and regulatory restraints in doing so? Throughout the current administration, these fundamental questions of civil-military relations and democratic governance have only grown in importance. This is due, in large part, to the rupture of longstanding norms.  Salient examples include the significantly expanded deployment of military troops to the U.S.-Mexican border as well as the use or threatened use of state and federal military forces (many unidentified) in response to protests this summer in the aftermath of George Floyd’s death.  

The violent clearing of peaceful protestors from Lafayette Square Park on June 1 by both non-military and military forces brought the issue of domestic military operations to American living rooms—as did the President threatening minutes earlier to invoke the Insurrection Act and send active duty military forces into American cities.

The governance stakes are simply too high to rely upon now-violated norms. Congress should reinvigorate its constitutional role in governing domestic military operations and provide bright legal lines addressing the president’s authority to deploy the military domestically.

In this essay and the one to follow, I highlight four legal authorities governing domestic use of military force that are ripe for clarification and congressional action. This essay concerns the Insurrection Act, and my second essay will address the Posse Comitatus Act, Section 502(f) of Title 32 of the U.S. Code, and military operations in the nation’s capital …

Syracuse Law Announces Plans to Offer Helix Bar Review to Students at No Charge

In a national first, Syracuse University College of Law has partnered with legal education nonprofit AccessLex Institute to offer AccessLex’s interactive Helix Bar Review prep course free of charge to all Syracuse Law students.

Helix Bar Review is a state-of-the-art, comprehensive bar review program that offers students full access to the program during their third year of law school, up to 20 weeks before the bar exam. Early access is one of the distinguishing characteristics of the Helix Bar Review, and it ensures that students with multiple responsibilities in law school, at work, or at home, can start their review early and complete the entire course on the schedule they choose.  Other bar preparation programs are not fully open to students until much later.

Helix Bar Review’s online, adaptive learning platform uses an integrated content approach, an active learning interface, personalized pathways, and flexible access options designed to adapt to individual learning styles and to help students efficiently use study time to confidently prepare for the bar exam. While Helix Bar Review uses all the traditional components of a bar review course—such as substantive law outlines, practice questions, and flashcards—the program employs active learning and other methods that are based on the most up-to-date learning science and support long-term retention of knowledge.

Learning methods include short videos, illustrations, checklists, and performance tests. In addition, Helix Bar Review uses gamification to provide supplemental practice opportunities, live “Ask the Experts” webinars that target frequently missed questions and misunderstood concepts, and intensive day-long workshops called “Pass Classes.”

“Continuing our track record of innovation in legal education, I am thrilled that Syracuse Law is the first school to partner with AccessLex as they launch their new Helix Bar Review program. This groundbreaking program offers the tools and preparation our graduates need to efficiently and effectively prepare for the bar exam,” says Craig M. Boise, Dean and Professor of Law. “At Syracuse Law, we are laser-focused on student success at every step of the law school journey. This partnership will give our students a distinct edge in studying for the bar exam—setting them squarely on the path to career success—while reducing their debt by eliminating the need to finance a commercial bar prep course.”

“We are grateful, honored, and excited to be partnering with Syracuse Law in bringing Helix Bar Review to its students. At AccessLex, we have long said it is an accident of history that the bar exam preparation industry exists as it currently does, which makes this, potentially, a seminal moment in legal education,” says AccessLex President and Chief Executive Officer Christopher P. Chapman. “As the leader of a law school whose reputation for innovation and progressive action is well known, Dean Boise recognizes that the Helix approach to bar prep tracks with his strategic vision for student success. It is why we feel Syracuse Law is a perfect partner for the public launch of this game-changing endeavor.” 

Currently, Helix Bar Review offers study materials for the Uniform Bar Exam (UBE), Multistate Essay Exam (MEE), Multistate Bar Exam (MBE), Multistate Performance Test (MPT), and Multistate Professional Responsibility Exam (MPRE). The non-profit company is currently developing non-UBE state-specific courses and anticipates it will release materials for non-UBE states, such as Florida and California, in 2023. In the meantime, the College of Law is making similar no-cost bar preparation arrangements for third-year students who plan to take the bar exam in those states.

“We know there are law students who do not purchase a commercial bar prep program because of the cost implications,” says Kelly Curtis, Teaching Professor and Director of Academic and Bar Support at the College of Law. “The additional cost of bar prep should never be a barrier to a graduate’s success on the bar exam. With this partnership, we remove that barrier.”

Syracuse Law Leaders in Public Service

Headshot of John Katko L’88

John Katko L’88

Elected for a fourth term in the US House of Representatives in November 2020, Rep. John Katko L’88 serves New York’s 24th Congressional District, which includes all of Onondaga, Cayuga, and Wayne counties, as well as the western portion of Oswego County in Central New York.

Currently, Congressman Katko is Ranking Member on the House Committee on Homeland Security—leveraging his years as a federal prosecutor litigating narcotics and gang cases—as well as a member of the House Committee on Transportation and Infrastructure.

Serving as a Congressman is the latest position in a distinguished public service career for the Central New York native. Today, Congressman Katko resides in Camillus with his wife, Robin, a registered nurse, and is the proud father of Sean (currently a second lieutenant in the US Army), Logan, and Liam.

After earning degrees from Niagara University and the College of Law, Congressman Katko began his career at Washington, DC, firm Howrey & Simon. He then worked at the US Securities and Exchange Commission before becoming an Assistant US Attorney for the US Department of Justice, serving as Special Assistant US Attorney in the Eastern District of Virginia and with the DOJ’s Criminal Division, Narcotics and Dangerous Drug Section. In this capacity, he served as a Senior Trial Attorney on the US-Mexico border in El Paso, TX, and in San Juan, PR.

“It’s clear that the College provided both President Biden and me with a high-quality education that we’ve relied on for our successes.”

Later, Congressman Katko returned to Central New York as a federal organized crime prosecutor in Syracuse for the US Attorney’s Office in the Northern District of New York, spearheading high-level narcotics prosecutions.

Throughout his 20 year career as a federal prosecutor, Congressman Katko was repeatedly tapped to train prosecutors in Central and South America, Eastern Europe, and Russia. He also was selected to serve as the only foreign prosecutor to lead an investigation and prosecution of government troops in Albania who shot and killed numerous protestors. He was awarded top prosecutor awards by three different Attorney Generals.

Notably, in the mid-2000s, Congressman Katko led the Syracuse Gang Violence Task Force, which employed the Racketeer Influenced Corrupt Organizations Act, along with other federal statutes, to prosecute gang-related crime in the city. Between 2003 and 2012, the Task Force prosecuted 90 suspected members of six Syracuse street gangs.

While first running for Congress in 2014, Congressman Katko referred to his work breaking up Syracuse gang violence in a Syracuse Post-Standard interview: “If I can get gang bangers to cooperate, I can certainly work with the knuckleheads in Washington and help them straighten things out.”

We recently caught up with Congressman Katko to ask him about his service to his community and the nation, how Syracuse Law prepared him for life as a prosecutor and Congressman, and what it takes to lead in Washington, DC, in the midst of a highly partisan atmosphere.

What led you to pursue a law degree at Syracuse Law?
As a student, I quickly developed an interest in public service and found that I enjoyed working on issues that supported my community and our nation. That, combined with the appreciation I always had for Syracuse University growing up, sort of instinctively led me back to the College of Law after my undergraduate degree, and that turned out to be a great decision.

When did you know you wanted to be a federal prosecutor and later seek public office?
I still remember the first time I was at the podium while serving at the US Securities and Exchange Commission and was introduced as “John Katko on behalf of the United States of America.” That was the moment where everything clicked for me, and I knew what I wanted to do.

How did Syracuse Law prepare you to become a federal prosecutor?
I remember how fired up I would get for trial practice classes, and how much that feeling stuck with me. Those classes really prepared me to pursue a career as a prosecutor.

Why is public service important to you, and what should the public understand about the role of public servants in a democracy?
As a federal prosecutor, it was drilled into your head to always be non-political and to only look at the facts. Integrity and ethics always came first and foremost, and it was important to remember that I was in that role to seek justice, not just to win cases.

Those principles date back to my earliest classes at Syracuse Law. It was hammered into our heads as students that upholding the law is a tremendous responsibility to be entrusted with, and therefore we have to be as objective as possible in every decision we make.

Now, as a member of Congress, I still make every decision by analyzing the facts and assessing the evidence in front of me. Sometimes, that leads to a choice that’s not popular with everyone, but ultimately, I’m here to do what’s right.

Many alumni serve the public—from your perspective, is that a coincidence or the result of a Syracuse Law education?
Syracuse provides a lot of opportunities to serve our communities, such as the legal clinics and other chances to deliver pro bono service to give back and make a difference. I learned very quickly that there was a lot of good that someone could do with a law degree, and you could tell the College of Law deliberately worked to instill this lesson in us.

All Syracuse Law students should know that it’s a distinct honor to serve the public and to realize our ability to have a positive impact on society. There’s no better reward than being able to help people and feel good about the work done along the way.

In your opinion, what makes a good leader? How do these skills relate to your work as a Congressman?
People have to recognize when they don’t have all the answers and learn to value other sides of an argument. In Congress, I interact with a lot of different opinions on just about every issue imaginable. Whether I’m listening to constituents or working on a bill with members of Congress representing different districts across the country, I always want to keep an open mind and find ways to make compromises.

I’ve been fortunate enough to be elected to Washington, DC, and to advocate for policies that help my district. It turns out that writing off half your colleagues as enemies isn’t the most effective strategy to get this done, so I’ve been willing to work with anyone, regardless of party, who shares my concern for an issue.

Rep. John Katko L’88 meets with Washington, DC, externs in November 2019.
Rep. John Katko L’88 meets with Washington, DC, externs in November 2019.

What are your thoughts on a fellow alum being elected President while you are serving in Congress?
I’m proud of our school. It’s clear that the College provided both President Biden and me with a high-quality education that we’ve relied on for our successes. It’s exciting to see that we’re just two of the many distinguished alumni who have come out of Syracuse Law, and I hope the school continues the tradition of providing a superb education that helps students do good in the world.

How would you define your legacy in public service?
I’m a normal guy who’s been granted some extraordinary responsibilities in my life. I guess I want to be remembered as someone who never let these get to his head and as someone who used his good fortune to give back to the community he grew up in and loved.

Workplace Harassment & Gov. Cuomo: Professor Emily Brown Speaks to Syracuse.com

Emily Brown

Cuomo’s no stranger to scandal: Why is this moment different?

(Syracuse.com | Aug. 6, 2021) Gov. Andrew Cuomo is in an unfamiliar situation.

In the past, he’s won battles with unions, won over environmentalists and flatly denied any mistakes made involving Covid-19 deaths and nursing homes. Three years ago, he watched as one of his closest allies went to prison in a pay-to-play scheme.

Then Cuomo won a third term.

Even as women this spring began calling him out for acting inappropriately at work, the governor held his ground and stayed in office …

… At their core, workplace harassment laws consider the impact on the worker, not the intent of the boss, Rusnak said, who works for Bond, Schoeneck & King and also leads workplace harassment training for clients. 

Emily Brown, a Syracuse University law professor and labor lawyer who has represented private and public workers and employers, agrees. “That’s the point,” she said. “Even if he fails to recognize it, it should not absolve him of responsibility.”

In New York, workplace harassment is about what a reasonable person would find more offensive than a petty slight or annoyance, Brown added. That’s a relatively new and lower standard that became law after Cuomo signed updated legislation in 2019 …

Read the full article.

“May You Live in Interesting Times” 

By Robert Nassau, Associate Director, Office of Clinical Legal Education, and Director, Low Income Taxpayer Clinic; and Teaching Professor

CLINIC DIRECTOR’S REPORT

Professor Robert NassauProfessor Robert Nassau

The precise origin of the phrase “may you live in interesting times” is unknown, and it’s also unclear if it is meant as a blessing or a curse. But whether a blessing or a curse, or a little bit of both, that phrase certainly has rung true for the student attorneys and directors of the College of Law’s eight clinics during the 2020-2021 academic year.

Below, we summarize some of the amazing work performed by our student attorneys and clinic directors during these interesting and challenging times. These summaries are just the tip of the iceberg for all that we have accomplished this past year. 

And while the coronavirus pandemic has created significant obstacles, it also—as Associate Dean of Clinical and Experiential Education Deborah Kenn wrote in last year’s Clinic Director’s Report—provided teachable moments and learning opportunities that will better prepare our student attorneys for legal practice in a post-pandemic world.

Why am I writing this year’s report rather than Professor Kenn? It is because she has stepped down from her position as clinical program director due to a terminal illness diagnosis. Deb arrived at the College in the fall of 1989 when she started the Community Development Law Clinic. For the past 10 years, under her leadership as Associate Dean, the Office of Clinical Legal Education has added the Bankruptcy Clinic and the Betty and Michael D. Wohl Veterans Law Clinic, and the College dramatically expanded its experiential learning opportunities, consistent with new ABA and state requirements. 

Deborah KennProfessor Deb Kenn

On top of her leadership of the College of Law’s clinical and experiential education, Deb has taught doctrinal courses in, among other things, Animal Law, Property, and Nonprofit Organizations Law, and she led three study abroad trips to South Africa.

All of her colleagues in the Office of Clinical Legal Education will miss Deb’s camaraderie, leadership, and dedication to our clients and our students. None more than me. And more importantly, the hundreds of students whom Deb has taught, guided, and mentored over the decades will remember her fondly and gratefully throughout their careers.

To paraphrase another unattributable proverb, but one that perfectly encapsulates Deb’s tenure at the Syracuse Law: “She left it better than she found it.”

Clinic Reports

Bankruptcy Clinic
Lee WoodardProfessor Lee Woodard
Director: Adjunct Professor Lee E. Woodard

During 2020-2021, the Bankruptcy Clinic produced results for its clients despite challenges presented by the coronavirus pandemic. Various legal aid societies and numerous other sources continued to refer clients and bankruptcy courts continued to conduct hearings and process filings virtually.

Appearing in court or at meetings of creditors virtually presented its own challenges, such as having clients sign petitions and schedules and then getting the originals filed with the court. A combination of Zoom, FaceTime, phone, e-mail, and regular mail was used, and the clinic was able to file all its cases.

With in-person instruction starting again in fall 2021, student attorneys are looking forward to interacting with clients directly, sitting down with them to go through their financial information world and helping them create a fresh start.

Betty and Michael D. Wohl Veterans Legal Clinic
Professor Beth KubalaElizabeth Kubala Portrait
Executive Director: Professor Elizabeth Kubala

Over the past year, the coronavirus pandemic has changed the practice of law, and student attorneys in the Betty and Michael D. Wohl Veterans Legal Clinic (VLC) have adapted and evolved to continue to best serve our community’s veterans.

While many courts closed or suspended operations, the US Department of Veterans Affairs continued processing disability claims, requiring students to find innovative ways to meet with clients and maintain good client relationships.

In fact, the significant shift to virtual proceedings meant increased opportunities for student attorneys to participate in hearings and appeals. And because classes were delivered virtually, the clinic was able to integrate JDinteractive students who benefited from experiential learning opportunities provided by the clinic.

Student attorneys performed a broad array of administrative and court appeals to challenge wrongful denials of federal veterans’ benefits, adapting seamlessly to the VA’s tele-hearing format and regularly appearing before the Board of Veterans Appeals.

Students also collaborated for their appearance before the US Court of Appeals for Veterans Claims on a still-pending, novel case involving a veteran suffering from military sexual trauma. Finally, two student attorneys worked as part of a national team to draft an amicus brief filed before the US Supreme Court that addressed issues involving veteran suicide rates, Gulf War Illness, and military sexual trauma.

Children’s Rights and Family Law Clinic
Professor Suzette MeléndezProfessor Suzette Meléndez
Director: Professor Suzette Meléndez

Despite the pandemic—and perhaps because of it—the Children’s Rights and Family Law Clinic (CRC) was hard at work this past academic year with students engaged in the active representation of their clients even while the courts had to severely reduce the matters heard. 
CRC students were able to finalize an adoption for a family that had taken in a teenager after a very unstable and abusive childhood and was now adopting him as an adult after 18 years. The whole family showed up in the Zoom courtroom for the event.

The Clinic was able to process divorce matters in multiple counties. In one of our cases, we are resolving the divorce for a client experiencing debilitating PTSD, who was referred to us by the VLC. VLC Law Fellow Matthew Bulriss was a critical bridge in forming a successful attorney/client relationship. 

The CRC also helped a young mother regain significant custodial rights and parenting time for her child after the mother successfully recovered from a drug addiction that led to a jail sentence. Additionally, the CRC engaged in representations that required significant research and detailed written analysis seeking legal options for our clients about how best to move their cases forward once courts resume normal activity. 

Our clients retained us for the following matters:

  • Joint tenancy issues and options for a partition action for an unmarried couple
  • Bankruptcy issues related to marriage
  • Issues of property division when workers’ compensation settlement proceeds were used to buy a marital home
  • Inherited property and claim against the marital home purchased with said inheritance 

Additionally, CRC students assisted clients in an expungement hearing arising from an erroneous determination after a child welfare inquiry; the preparation of annulment paperwork after a bigamous marriage was discovered, and the pursuit of an order of protection necessary to extract a woman and her children from a violent home. Students also participated in mediation training and observations in cases where alternative dispute resolution was offered.

Criminal Defense Clinic
Gary PieplesProfessor Gary Pieples
Director: Professor Gary J. Pieples

The Criminal Defense Clinic (CDC) had several successes during the 2020-2021 academic year. Victoria Lezette L’21 and Michael Stoianoff L’21 represented a client charged with a series of minor, victimless charges, mostly resulting from her substance abuse and mental health issues. After Stoianoff developed a motion based upon statements from her family and social workers detailing her mental and physical condition, the court agreed to dismiss all charges.  

In another case, James Thyden L’21 and rising 3L Katherine Davis convinced the judge and prosecutor to reduce the charges and reduce the protective order prohibiting their client from being in his family home. His mother wanted him home to help with the younger siblings while she cared for her ailing husband. As a result of the negotiated plea, no convictions were added to the client’s history, and he was able to move back home.

The CDC also successfully got a client’s case dismissed because of prosecutorial violations of updated New York discovery rules. A team of Donatello Lazarati L’21, Andrew Rahme L’21, and rising 3Ls Lilian Baah and Shannon Edwards researched, filed, and argued several motions arguing numerous discovery violations. On the eve of trial, the judge ruled that dismissal was warranted after multiple failures by the assistant district attorney to provide required discovery.

Disability Rights Clinic
Professor Michael SchwartzProfessor Michael Schwartz
Director: Professor Michael A. Schwartz

The following are five exemplary accomplishments of the Disability Rights Clinic (DRC) during the past year:

DRC partnered with a Rochester, NY-based law firm to file a lawsuit against a franchisee of the Kentucky Fried Chicken chain in the United States District Court for the Western District of New York, alleging violations of Title III of the Americans with Disabilities Act and New York state anti-discrimination law. The case concerns a Deaf driver who was refused service at the franchise’s pick-up window because he could not use the ordering kiosk. Initial mediation is mandatory.

DRC joined a local non-governmental organization in defending a lawsuit brought by a roofing company against the clinic’s client, an elderly Deaf man, in Small Claims Court. The clinic, in turn, filed a discrimination claim against the company with the New York State Division of Human Rights, which found probable cause to go to a public hearing.

DRC continues to advocate for snow removal and maintenance of sidewalks for wheelchair users in a suburb of Syracuse.

An Institutional Review Board approval was obtained for a study of educational policies and practices involving members of the Deaf New American community. 

The clinic continues to advocate for accessible access to healthcare facilities for people with disabilities, including immigrants with disabilities.

Elder and Health Law Clinic
Mary Helen McNealProfessor Helen McNeil
Director: Professor Mary Helen McNeal

Despite the many challenges of COVID-19, the Elder and Health Law Clinic (EHLC) shifted quickly to virtual representation. Students executed wills, powers of attorney, health care proxies, and living wills; handled appeals of public benefit denials; assisted clients with minor probate issues; litigated a financial exploitation case; and represented family members seeking guardianship of parents with end-stage dementia. 

As students learned the law, they simultaneously faced the challenges of virtual representation, including clients’ limited access to technology, limited ability to use technology, social isolation, and declining physical and mental health. While many people faced these challenges over the last year, they were exacerbated for many older people.
Student attorneys represented several patients residing in the long-term care unit at the Veterans’ Administration Hospital who were seeking end-of-life documents. One client’s situation exemplifies the challenges both clients and students faced. The client, who had advanced amyotrophic lateral sclerosis, wanted a will and power of attorney. He had neither access to—nor the ability to use—technology. With the assistance of a VA social worker, student attorneys Dianne Jahangani L’21 and Benjamin Kaufman L’21 met virtually with the client, whose health was deteriorating rapidly. 

After several meetings, they drafted a will and arranged for a “virtual signing,” with final documents signed virtually, transmitted via email, and then virtually notarized pursuant to New York’s COVID-related executive orders. While Jahangani and Kaufman had intended to complete other legal tasks for the client, he unfortunately passed away within days of the will signing. As Jahangani and Kaufman wrote in their closing memo: “He was a wonderful client whom we had the pleasure of working with and ensuring that his final wishes were memorialized.” 

In spring 2021, the EHLC participated in launching the “Enhancing Services for Older Victims of Abuse and Financial Exploitation” project, a collaboration among Vera House, the Center for Court Innovation, Christopher Communities, and Syracuse University. A major goal of the project is to offer restorative justice options as an alternative to litigation for those impacted by elder financial exploitation. EHLC and Elder Justice Fellow Allison Wick are integral parts of this project, providing legal information, training, referrals, and limited representation.

Low Income Taxpayer Clinic
Professor Robert NassauProfessor Robert Nassau
Director: Professor Robert Nassau

In addition to its typical array of casework—such as helping clients obtain rightful refunds or fend off debilitating collection activity—student attorneys participated in the Low Income Taxpayer Clinic’s (LITC) first-ever Remote Tax Court Trial and increased their expertise in all three of our government’s pandemic-related stimulus payments.

The trial involved a taxpayer’s claim that she had signed an Extension of Time to Assess Tax under duress. Student Attorney Meredith Wallen L’21 examined the taxpayer at trial while rising 3Ls Justin Lange and Michael Towey assisted with a post-trial briefing. 

Regarding the stimulus payments, LITC helped numerous taxpayers obtain payments, which—for reasons ranging from a failure to file a return to having been fraudulently claimed by another taxpayer—they had wrongfully been denied. The clinic anticipates a similar tax activity in the coming year in connection with the expanded Child Tax Credit.

Transactional Law Clinic
Professor Jessica MurrayProfessor Jessica Murray
Director: Professor Jessica Murray

While continuing to work with clients who are starting and operating businesses and not-for-profit organizations during the unusual circumstances of a global health crisis, the Transactional Law Clinic (TLC) took advantage of online meeting technology to invite alumni to share experiences in their transactional law practices since graduating from Syracuse Law.

Alumni speakers included:
Erin Chrzanowski L’19, Corporate Legal Counsel Americas for Dassault Systèmes, joined the class from Massachusetts to discuss her in-house practice, which includes work similar to that done by student attorneys.
Haley DeCarlo L’18, an associate at, Block, Longo, LaMarca & Brzezinski PC in Syracuse, provided an overview of practicing residential real estate law in Central New York.
Marysia Mullen L’13, an associate at Latham & Watkins, and Tyler Mullen L’13, Government Contracts Attorney, U.S. Defense Information Systems  Agency, both joined the class from  Washington, DC, discussing how TLC experiences impacted their careers. 
Austin Judkins L’18, an associate at Boylan Code in Rochester, NY, talked about the business and corporate finance practice of a medium-sized firm. 

The visiting alumni also discussed life-work balance, career opportunities, changes resulting from COVID-19, and diversity initiatives at their workplaces. These online visits proved so popular that the clinic will continue them even after students return to the classroom, and some student attorneys have already expressed interest in returning to the clinic as future alumni guest speakers.