News

Professor David Driesen Discusses Donald Trump’s Filing to Delay Response to Jack Smith’s Immunity Brief to After the Election

Donald Trump’s legal team has requested that the deadline for responding to special counsel Jack Smith’s recently filed Presidential immunity brief in the January 6 case be delayed until after the election.

In Newsweek, University Professor David Driesen said “Doctrine and precedent used to be the metric that worked best to predict how the Supreme Court would rule on any given issue. But that’s no longer a good guide to say what this court is going to do. Instead, it’s necessary to look at the political beliefs of the justices because that’s what tells you how they’re going to rule.”

3L Brandon J. Bryant Named the  Recipient of the NDNY FCBA Hon. Norman A. Mordue ’66, L’71 Law Scholarship

3L Brandon J. Bryant was named the 2024 recipient of the Northern District of New York Federal Court Bar Association Hon. Norman A. Mordue ’66, L’71 Law Scholarship. Bryant is a U.S. Army combat veteran.

The Northern District of New York (NDNY) Federal Court Bar Association (FCBA) Hon. Norman A. Mordue ’66, L’71 Law Scholarship provides a Syracuse University College of Law student with the means to pursue a legal education and follow in the footsteps of Judge Mordue, a decorated war hero who served as chief judge for the NDNY and taught trial practice at the College of Law as an adjunct professor. The NDNY FCBA established the scholarship after the passing of Judge Mordue in December 2022.

Bryant is also pursuing an MBA at the Whitman School of Management. At Syracuse Law, Bryant is the Communications Director and member of the Trial Division of the Travis H.D. Lewin Advocacy Honor Society; a Research Assistant and Student Attorney at the Betty and Michael D. Wohl Veterans Legal Clinic; Lead Articles Editor for the Journal of Science and Technology; President of the Military & Veterans Law Society; and a coach for the Syracuse University Mock Trial team.

“I am truly honored to be selected as the recipient of the NDNY FCBA Hon. Norman A. Mordue Law Scholarship. It means a great deal to me, not only because of its financial support but also because of the connection to Judge Mordue, whose service and legacy I deeply admire,” says Bryant. “I would also like to extend my gratitude to the Northern District of New York Federal Court Bar Association for establishing this scholarship in Judge Mordue’s memory. I look forward to learning more about how I can represent his legacy.”

Those interested in supporting the Mordue Scholarship, please visit the Mordue Scholarship web page.

Syracuse Law’s New Housing Clinic Teaches Lawyering Skills While Impacting the Surrounding Community

Earlier this year, Syracuse University College of Law launched its Housing Clinic to bring much-needed free legal services to low-income Syracuse residents facing profound living conditions issues. Student attorneys provide a wide range of legal services, including representation in court, under the supervision of Housing Clinic Director Gary Pieples.

In a news story on Spectrum News, Syracuse Law students D’Andre Gordon L’25 and Connor Hamilton L’25 discussed their experiences in the clinic and their impact on the community.

“Some of the cases we cover are eviction defense – you’re getting evicted, you need legal counsel, for non-payment of rent. We work on conditions cases [like] you’re suing your landlord because there are code violations that are impacting your quality of life,” said Gordon.

The student lawyers are gaining more than important advocacy skills. For Hamilton, a Syracuse native, it means giving back to his hometown. He said the clinic is enabling him to  “connect more with my community and feeling like I’m actually being a part of something a little bit bigger than myself and making a difference in someone’s life that is from my area, that has a lot of special meaning to me personally.”

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.”