"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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Professor Mark Nevitt on “The Three Global Hotspots of the Climate-Security Century” ALSO INSIDE ■ Professor Nina Kohn on Elder Care After COVID-19 ■ An Update on Diversity, Equity, and Inclusion Initiatives ■ Elevating the Advocacy Program’s Reputation
BY THE NUMBERS* *Data as of June 2021 633 Students 118 Faculty and 9.75:1 Student-to-Faculty 11 Joint Degree Dean and Professor of Law 01 By the Numbers Staff Ratio Programs Craig M. Boise 02 Message from Dean Boise Executive Editor, Syracuse Law Yearbook 04 The Three Global Hotspots of the Climate-Security Century Robert T. Conrad Director of Communications 12 Long-Term Care After COVID: 11 8 66 7 and Media Relations A Roadmap for Law Reform Assistant Dean for Advancement 16 College of Law News Curricular Clinics Distinct Centers and and External Affairs Programs Externship Institutes Sophie Dagenais 18 College of Law Faculty News Placements 04 21 College of Law Student News Director of Alumni Relations Kristen Duggleby 24 Diversity, Equity, and Inclusion: College of Law Introduces Cultural Competency Curriculum Contributing Writers Rob Enslin Professor Nina Kohn 26 Eleven Up: Advocacy Program’s Reputation Goes from Strength to Strength 4 #9 #11 30+ Professor Mark Nevitt Student-edited Law School U.S. News Student and Affinity 29 Burton Blatt Institute: Journals Research Trial Advocacy Organizations Martin Walls Inclusion, Empowerment, and Participation in Community: Rank Program Rank BBI’s Year in Review Contributing Editor Kathleen Curtis 12 32 Institute for Security Policy and Law: Human-Machine Teaming—SPL Research Asks How Law and Ethics Can Best Regulate Artificial Intelligence Photography Steve Sartori Syracuse University Photo Services 34 Innovation Law Center: Where Law, Technology, and Business Intersect 6 Degrees and 7 Fordham Law Trial 94% Ultimate Bar Passage 10,876 38 Office of International Programs: Alumni How a “Small but Mighty” LL.M. Cohort Forged Certificates Competition Perfor- (2018 Calendar Illustrations mance Rankings Year Graduates) Ahead During Lockdown David Owens 40 Externship Program: Graphic Design 21 Beginning a New Chapter: Quinn Page Design LLC 42 Clinic Director’s Report: 11 50 12 “May You Live in Interesting Times” Syracuse University College of Law Office of Advancement 48 Faculty Books and Publications Faculty with 560,264 Volumes in the Military-connected Nations Represented and External Affairs a Ph.D. Law Library Students in LL.M. 56 Our Back Pages Dineen Hall, Suite 402 Class of 2021 950 Irving Avenue Syracuse, NY 13244-6070 t: 315.443.1964 29 f: 315.443.4585 e:SULaw@syr.edu law.syr.edu 25% Increase in JD 87% Increase in Electronic 1,557+Media 14,387 Titles Added Applications Library Resources Placements to the Library © 2021 Syracuse University College of Law. All rights reserved. 34 1
DEAN’S MESSAGE OUR RISING “Our students benefit immeasurably from a faculty who are STARS thought leaders, dynamic educators, and productive scholars.” When I became Dean of this great College five years ago, one of my goals was to amplify and promote the thought leadership of our extraordinary faculty. I witnessed professors and researchers whose scholarship in critical and emerging areas of the law was already exemplary, but not as well-known or understood as it could be. As our roundups on p48 and p50 illustrate, our faculty’s scholarly reputation is not only as robust as ever, it is sought-after, visible, and rising. For instance, the two main features in this Yearbook exemplify our faculty’s status as influential scholars. As I write this in midsummer, two stories that remain in the news cycle are the rising death tolls from climate disasters in the Pacific Northwest, Germany, and China and the push for long-term care reform in the wake of the coronavirus pandemic. Our lead authors—professors Mark Nevitt and Nina Kohn— are highly in demand scholars and commentators on the security implications of climate change and elder care, respectively. In this issue, Professor Nevitt widens the lens on the impact of climate change, offering a portrait of three global “hotspots” that will dominate the “climate-security century.” One of his research questions— “What is the true pace of climate change in the Arctic?”—is especially prescient given the recent Pacific Northwest “heat dome” pushed as far north as Canada’s Yukon Territory. In “Long-Term Care After COVID,” Professor Kohn addresses “the dangers of the current system” and offers her own prescriptions for reform. Of course, our students benefit immeasurably from a faculty who are thought leaders, dynamic educators, and productive scholars. As demonstrated in this year’s review of our Strategic Research Institutes and academic programs, an engaged faculty provides many meaningful applied learning opportunities for students. Whether writing intellectual property reports for startups (p34), advocating for vulnerable populations through our clinics (p42), earning praise for their professionalism from externship hosts (p40), or excelling in advocacy competitions (p26), our students are guided toward a bright future by professors whose intellectual rigor is matched by their expertise and care in the classroom and beyond. I am grateful to our staff who have worked diligently throughout the coronavirus pandemic to support our learning community and to ensure that our operations continued as smoothly as possible. We look forward to being back in Dineen Hall for the new academic year ahead, and I’m certain the positive lessons of the last year will make us stronger still. I hope as you read these pages, you are as proud and as inspired as I am by the remarkable accomplishments of our students, faculty, and staff. Go Orange! Craig M. Boise Dean and Professor of Law 2 3
The Three Global 1 Hotspots of the 2 Climate-Security Century Adapted from an article first published in the Tufts Fletcher School of Law and Diplomacy’s Fletcher Security Review. 3 By Professor Mark Nevitt 1 2 3 Humanity is waging war on nature. This is suicidal. Nature always strikes back, and it is increasingly doing so with growing force and fury … we must use 2021 to address our planetary emergency. 1 —António Guterres, State of the Planet Speech, Columbia University (December 2020) 4 5
T he climate-security century is here. With global temperatures rising, climate change is poised to massively destabilize the physical environment.2 This century may well be defined by our ability (or inability) to reduce our collective greenhouse gas emissions. We must also adapt and respond to climate change’s multivariate security impacts. From raging wildfires in Australia and California to melting ice sheets and permafrost in the Arctic, climate change acts as both a threat accelerant and a catalyst for conflict.3 Climate change is also unlike any other traditional security threat. It accelerates and exacerbates existing environmental stressors, such as sea level rise, extreme weather, drought, and food insecurity, leading to greater instability.4 Climate change impacts are already taking center stage this century, forcing us to think more broadly about climate change’s relationship with human security and national security.5 Complicating matters, climate-driven temperature increases do not rise in a neat, uniform fashion around the globe. The pace of climatic change unfolds unevenly and erratically. Some parts of the world—such as the Arctic—are warming at a rate two to three times faster than the rest of the world. Three specific climate-security “hotspots” foreshadow greater destabilization and serve as climate “canaries in a coal mine” —a sneak preview of our climate-destabilized future: 1 The Arctic—transformed by climate change and a new operational environment, opening trade routes and sparking a potential race for natural resource extraction in the High North. 2 Pacific Small Island Developing States—where climate-driven sea level rise is swallowing nations whole, raising the specter of climate refugees and possible nation extinction. 3 The African Sahel—where climate change is leading to increased drought and food insecurity, serving as a tinderbox for resource conflicts. “The melting permafrost in Greenland and Arctic tundra increases the possibility for cataclysmic ‘green swan’ events.” While the Arctic Council’s 2008 was an act of no legal significance but economic interests in the Arctic and 1 Ilulissat Declaration reaffirmed the Arctic nevertheless signaled broader Russian elsewhere.11 HOTSPOT #1: A CLIMATE-TRANSFORMED ARCTIC Council’s commitment to the Law of the ambitions in the Arctic. Today, Russia Outside of natural resource extraction, Sea framework, one key Arctic Council claims an outer continental shelf that two seasonal waterways—the Northwest member—the United States—remains extends to the Lomonosov Ridge—an Passage and the Northern Sea Route—are Due in large part to the pace of climate an assortment of laws and bilateral some success in managing competing an outlier as a non-party to UNCLOS.8 enormous area with vast untapped oil and both found in the Arctic. Canada has long change, the Arctic is quickly emerging as a agreements among the eight Arctic states. Arctic interests. It has demonstrated a This international treaty, often referred natural gas resources that overlaps with viewed the Northwest Passage as their region of increasing military and economic In contrast to its South Pole cousin— remarkable capacity to tackle increasingly to as the “Constitution of the Oceans,” the North Pole. internal territorial waters.12 While the US importance. The Arctic is warming faster governed by the comprehensive Antarctic complex issues, such as an agreement largely governs maritime issues in the While remaining a non-party to and Canada have “agreed to disagree” than the rest of the planet, driven by a Treaty System (ATS)6 —there is no Arctic addressing unregulated fishing and Arctic Arctic Ocean to include the increasingly UNCLOS, the US has nevertheless on the legal status of the Northwest self-reinforcing feedback loop known as Treaty. The Arctic Council is characterized search and rescue. important rights of Arctic innocent and served as a good law of the sea partner. Passage, tensions have risen regarding the albedo effect, which accelerates the by an evolving “soft law” system of However, in the face of climate change, transit passage.9 Additionally, UNCLOS For example, the US views UNCLOS’s Russia’s authority to regulate shipping melting of polar ice caps and permafrost. collaboration among the eight Arctic tension points are starting to emerge. establishes the Commission for the Limits key navigational provisions as binding along the Northern Sea Route. Russia has In turn, melting polar ice sheets are Council states: Canada, Denmark (via By its own mandate, the Arctic Council on the Continental Shelf (CLCS), which customary international law. Additionally, increasingly asserted an expansive view of forming new trade routes through Canada Greenland), Finland, Iceland, Norway, is prohibited from addressing matters provides technical expertise to help the US Navy has complemented and its authority over ice-covered areas along (the Northwest Passage) and along the Russia, Sweden, and the United States. of military security.7 This is largely ascertain the breadth of each individual enforced many key UNCLOS provisions the route, requiring prior notification from Russian border (the Northern Sea Route). Critically, China is not a voting member left to NATO and individual nations to nation’s continental shelf claims.10 via freedom of navigation operations and foreign ships before transiting. Along the Arctic’s continental shelf, of the Arctic Council, although China has navigate. Canada, Denmark, Iceland, Four of the five Arctic coastal states diplomatic assertions around the world. Perhaps most importantly, what climate change is renewing interest in declared itself a “near Arctic” nation and Norway, and the US are original NATO have submitted information to CLCS in Despite the US Senate’s failure happens in the Arctic does not stay in natural resource extraction, where close to has increasing ambitions in the region. Of members, providing a counterweight to support of continental shelf claims. The to provide its advice and consent to the Arctic. The melting permafrost in 30% of the world’s untapped natural gas these eight members, Denmark, Russia, growing Russian militarization. As Russia United States has not made a similar UNCLOS ratification, a remarkably Greenland and Arctic tundra increases the resides. United States, Norway, and Canada are has invested heavily in Arctic military submission for its enormous Alaskan diverse coalition of American national possibility for cataclysmic “green swan” The “Law of the Arctic” is largely Arctic “coastal states”—with a continental infrastructure, so the NATO members of continental shelf. As a non-party to security experts, environmentalists, events causing dramatic sea level rise, governed by the work of the Arctic shelf in the Arctic Ocean—and can the Arctic Council have shown a renewed UNCLOS, the US likely will not be able to and business interests support the US impacting coastlines and small islands, as Council, the United Nations Convention potentially extract natural resources. interest in military exercises in the region. avail itself of the CLCS process. becoming a party to the convention. US discussed below. on the Law of the Sea (UNCLOS), and Despite the potential for conflict and In 2007, Russia shocked the world by should ratify UNCLOS as it is contrary tension, the Arctic Council has enjoyed planting its flag on the North Pole. This to our long-term national security and 6 7
2 HOTSPOT #2: SMALL ISLAND DEVELOPING STATES & NATION EXTINCTION Far away from the Arctic, scientists predict international order by upholding national a catalyst for cross-border human that four Pacific Small Island Developing territorial integrity and the sovereign migration.17 States (SIDS) may become uninhabitable equality of each member nation.14 While In addition, many small island nations by mid-century due to climate change- SIDS are relatively small, they have equal are uniquely vulnerable to extreme driven sea level rise and wave-driven standing as sovereign nations. weather patterns. Scientists now link flooding.13 Several questions now arise: With climate change, rising temperatures, The specter of potentially “stateless” climate change undermining the territorial and the increased likelihood of extreme UN member states—Kiribati, Maldives, integrity and sovereignty of these nations, weather,18 to which small island nations Republic of Marshall Islands, and Tuvalu— what is the responsibility of developing often lack the capacity to adapt and strikes at the core of the UN Charter nations to alleviate this slow-moving respond. In 2020, when Cyclone Harold system, raising novel questions of both tragedy? Can international governance struck several Pacific island nations, international law and environmental institutions afford to remain silent while it triggered an estimated 99,500 justice. It also exposes a governance nations face climate-driven statelessness? displacements.19 gap in international law, which does not What are the legitimacy costs of both Finally, critical US national security 3 HOTSPOT #3: adequately protect climate migrants action and inaction? infrastructure in the region is increasingly fleeing from climate-driven weather The plight of global climate migrants is at risk. The US operates a key military THE AFRICAN SAHEL AND THE CLIMATE-CONFLICT NEXUS impacts and uninhabitability. The 1954 an issue of increasingly grave concern.15 installation and radar facility at Kwajalein World Refugee Convention, for example, By one estimate, more than 150 million Atoll in the Marshall Islands that helps In a cruel twist, climate change conflict.24 An estimated 1.25 million people climate change and ecological change” in is silent on migrants fleeing environmental people will be displaced by rising sea protect the US from North Korean disproportionately harms nations that have been displaced in Burkina Faso, Mali, and destabilizing the security situation in the or climate disasters. levels by the year 2050.16 One recent missiles. Rising seas may cause parts of the contributed the least to global greenhouse Niger due to extreme rainfall and flooding.25 Lake Chad Basin is specifically highlighted.28 Since World War II, the UN Charter study found that two-thirds of the world’s Marshall Islands to become uninhabitable gas emissions and have the fewest resources Climate change’s destabilizing role in Since this Resolution was issued, the Council has played an important role in stabilizing population faces severe water shortages, as early as 2035. to adapt to climate change’s impacts. This the African Sahel is forcing international followed up with additional resolutions for includes both SIDS and the poverty-stricken legal institutions to reimagine what role they Somalia, Darfur, West Africa and the Sahel, African Sahel, an area already suffering from might play in addressing underlying causes and Mali.29 climate-exacerbated food insecurity and of conflict and instability. While it has yet to make the formal conflict.20 Consistent with its mission to maintain determination that climate change effects The Sahel region of West Africa, for international peace and security, 26 the UN are a “threat to the peace” within the example, is one of the poorest regions in Security Council (UNSC) has begun to meaning of UN Charter Article 39,30 there the world with 40% of the population living address climate change. It first recognized is a growing precedent for UNSC to use on less than US$1.90 per day. The region’s the link between environmental security its authorities to address non-traditional population is growing at an astonishing and international security in the aftermath security threats. rate, expected to double by 2045, 21 yet the of the Persian Gulf War (1992) and the As the earth warms, climate hotspots climate is warming in the Sahel far faster destruction of oil fields.27 Recognition such as the African Sahel will increasingly than the rest of the world. of other non-traditional security threats bear the brunt of climate change’s impacts. In a recent Security Council debate on followed, such as HIV/AIDS (2000) and In the coming years, the UN will be under climate and security, the World Meteor- Ebola (2014). increasing pressure to address climate- ological Chief Scientist stated that climate In 2017, UNSC took the historical step of driven security matters in some fashion.31 change has a multitude of security impacts linking climate change with the deteriorating An Article 39 declaration serves as the legal “increasing the potential for water conflict; security situation in the African Sahel. In key, opening the door for the Council to use leading to more internal displacement and Resolution 2349, the “adverse effects of its awesome Chapter VII authorities. migrations ... it is increasingly regarded as a national security threat.” 22 There is a growing body of scholarship that connects climate change’s multivariate “Climate change disproportionately harms nations impacts and violent conflict.23 In 2020, the that contributed the least to global greenhouse gas International Committee of the Red Cross estimated that 12 of the 20 most vulnerable emissions and have the fewest resources to adapt countries to climate change were in a state of to climate change’s impacts.” 8 9
“By elevating several people within his Cabinet who have deep experience in climate change and security matters … President Biden acknowledges that climate change requires integrated national security planning.” This EO also requires that National Since President George H.W. Bush, challenges posed by climate change and Security Advisor Jake Sullivan develop a every US president has issued an NSS that infectious disease.” comprehensive report for the President squarely addresses climate change and While climate change was omitted on climate change’s impact on migration national security. For example, President from the Trump Administration’s 2017 as well as its international security Barack Obama’s 2015 NSS stated that, NSS, the Biden Administration’s Interim implications. While it remains unclear how “The present-day effects of climate NSS states that, “The climate crisis has results of this report will be implemented, change are being felt from the Arctic to been centuries in the making … if we fail to this signals an important willingness to the Midwest. Increased sea levels and act now, we will miss our last opportunity think broadly about the relationship storm surges threaten coastal regions, to avert the most dire consequences between climate change and immigration infrastructure, and property. In turn, the of climate change for the health of our patterns. global economy suffers, compounding the people, our economy, our security, and Relatedly, a reinvigorated role growing costs of preparing and restoring our planet.”35 n for climate-security matters in the infrastructure.”34 forthcoming National Security Strategy In a prescient nod to the importance (NSS) is expected, a document that sets of recognizing non-traditional security the tone for the new administration’s threats, the 2015 NSS made clear the national security policies. high priority of “meet[ing] the urgent A CLIMATE-SECURITY RESET FOR THE UNITED STATES? 1 Quoted in The Washington Post 11 “Polar Opposites: Assessing the State 19 World Meteorological Organization, 27 UN Security Council, “Provisional Within a month of taking office, President that climate considerations “shall be an Secretary of State John Kerry will have a (Dec. 15, 2020). of Environmental Law in the World’s Provisional Report on the State of Verbatim Record of the Three Joseph R. Biden Jr. L’68 released two essential element of US foreign policy and seat on the National Security Council—a Polar Regions,“ Boston College Law the Global Climate 2020 (December Thousand and Forty-Sixth Meeting” 2 J.B. Ruhl and Robin Kundis Craig, Review Vol. 59 (2018). 2020). (Jan. 31, 1992). important executive orders on climate- national security.” In re-energizing climate- historic first. Additionally, former EPA 4°C (2021 manuscript). security matters: (1) “Executive Order security matters, the new Administration Administrator Gina McCarthy serves as 12 “The US-Canada Northwest Passage 20 “Addressing Security Council, Pacific 28 UN Security Council, Res. 2349 3 “Threat Multiplier: The Growing Dispute,” Brown Political Review Island President Calls Climate Change (March 31, 2017). on Tackling the Climate Crisis at Home understands that it is simply too important the nation’s first National Climate Advisor, Security Implications of Climate (April 8, 2020). Defining Issue of Next Century, Calls and Abroad” and (2) “Rebuilding and to be left solely in the hands of the defense leading a new interagency National Change—A Conversation with 29 UN Security Council, Res. 2408 for Special Representative on Issue,” Sherri Goodman,” Fletcher Security 13 “Most Atolls Will Be Uninhabitable (March 27, 2018). Enhancing Programs to Resettle Refugees or state departments. Climate Task Force. United Nations (July 11, 2018). Review (July 2018); Center for Naval by the Mid-21st Century Because of and Planning for the Impact of Climate By elevating several people within President Biden’s EO on resettling 30 UN Charter, Art. 39. Analyses, “National Security and the Sea Level Rise Exacerbating Wave 21 “Climate Change in the Sahel: How Change on Migration.” his Cabinet who have deep experience refugees emphasizes that human migration Threat of Climate Change,” (2007). Driven Flooding,” Science Advances Can Cash Transfers Help Protect the 31 “Is Climate Change a Threat to “Tackling the Climate Crisis at Home in climate change and security matters, is often due to climate change impacts.33 Vol. 4, No. 4 (2018). Poor?” Brookings Future International Peace & Security?” 4 Marwa Daoudy, The Origins of the Development (Dec. 4, 2019). Michigan Journal of International Law and Abroad” makes clear that the world and by favoring a whole-of-government This order reinvigorates the role of Syrian Conflict: Climate Change and 14 UN Charter, Art. 2, Para. 1. (forthcoming 2021). faces a “profound climate crisis” and that approach, President Biden acknowledges the United States Refugee Assistance Human Security (Cambridge, 2020). 15 “Forced Migration After Paris 22 “Climate Change Recognized as ‘Threat Multiplier’, UN Security 32 “Executive Order on Tackling the US international engagement “is more that climate change requires integrated Program throughout the immigration 5 “Climate Tipping Points: Too Risky to Cop21: Evaluating the ‘Climate Council Debates Its Impact on Peace,” Climate Crisis at Home and Abroad,” necessary and urgent than ever.” 32 In national security planning. For example, process “in a manner that furthers Bet Against,” Nature Vol. 575 (2019, Change Displacement Coordination Executive Office of the President UN News (Jan. 25, 2019). the EO, President Biden makes it clear as Special Envoy for Climate former [American] values as a Nation.” corrected April 2020). Facility,’” Columbia Law Review Vol. (January 2021). 6 “Polar Opposites: Assessing the State 116, No. 8 (Dec. 2016). 23 “Climate Wars? A Systematic Review of Empirical Analyses on the Links 33 “Executive Order 14013: Rebuilding of Environmental Law in the World’s 16 “Refugees Flee from the Earth,” The Between Climate Change and Violent and Enhancing Programs To Resettle Polar Regions,“ Boston College Law New York Times Magazine (July 26, Questions for the Climate-Security Century Conflict,” International Studies Review Refugees and Planning for the Impact Review Vol. 59 (2018). 2020). Vol. 19, No. 4 (December 2017). of Climate Change on Migration,” As we look ahead to the challenges of the climate-security century, the most salient questions that arise include: 7 Declaration on the Establishment 17 “Two-Thirds of the World Faces Executive Office of the President of the Arctic Council Ottawa 24 “Climate Change and Conflict Are Severe Water Shortages,” The New (February 2021). What is the true pace of climate change in the Arctic, Does the US have the necessary relationships and authorities Declaration (1996). a Cruel Combo that Stalk the World’s 1 3 York Times (Feb. 12, 2016); Human Most Vulnerable,” ICRC (July 9, 34 “National Security Strategy,” and how will this impact both US interests and Russia to prepare for an uptick in food insecurity and increasing 8 The Ilulissat Declaration, Arctic Ocean Rights Commission, Figures at a 2020). Executive Office of the President and China’s ambitions in the High North? natural resource conflicts in the African Sahel? Conference (May 2008). Glance (August 2020). (February 2015). 25 WMO, State of the Global Climate 9 UN Convention on the Law of the Sea, 18 “Explaining Extreme Events of 2017 2020. 35 “Interim National Security Strategic How can the US renew climate science efforts at the Is the US prepared for massive migration in the Pacific Art. 17 (Right of Innocent Passage) from a Climate Perspective,” Bulletin 4 Guidance,” Executive Office of the 2 and Art. 38 (Right of Transit Passage). of the American Meteorological 26 UN Charter, Art. 24. Arctic Council? and other parts of the world? Society Vol. 100, No. 1 (January President (March 2021). 10 UN Convention on the Law of the Sea, 2019). Art. 76 (Definition of the Continental By identifying, planning for, and resourcing the three climate hotspots, the US will find itself in a much better position to reinvigorate Shelf). the interagency process and reclaim US leadership in addressing the challenges of climate change across the globe. 10 11
Long-Term Care After COVID: A Roadmap for Law Reform Professor Nina Kohn has become a leading voice for reforming long-term care in the wake of the coronavirus pandemic. Her recent articles on regulating nursing homes and other forms of long-term care have been published in The Washington Post, The Hill, Georgetown Law Journal Online, and elsewhere. She has been quoted in more than 600 news stories in the past year, and has testified on long-term care issues before the New York legislature. Also the Solomon Center Distinguished Scholar in Elder Law at Yale Law, Kohn is the author of Elder Law: Practice, Policy, and Problems (Wolters Kluwer, 2d ed. 2020). At Syracuse Law she teaches torts, elder law, and trust and estates. This short article was originally published in Spring 2021 in Bill of Health, the blog of Petrie-Flom Center at Harvard Law School. By Professor Nina A. Kohn Between May 2020 and January 2021, 94% of US nursing homes experienced at least one COVID-19 outbreak.1 And nursing home residents—isolated from family and friends,2 dependent on staff often tasked with providing care to far more residents than feasible, and sometimes crowded into rooms with three or more people3 —succumbed to the virus at record rates. By March 2021, nursing home residents accounted for a quarter of all US COVID-19-related deaths. The poor conditions in nursing homes that have been exposed by the pandemic are symptomatic of long-standing problems in the industry. Fortunately, as I discuss in the Georgetown Law Journal Online,4 there are a series of practical reforms that could readily improve the quality of nursing home care, in large part by changing the incentives for nursing home providers. “A key problem exposed by the COVID-19 pandemic is the danger of chronic understaffing in nursing homes.” 12 13
“The good news is that, by exposing the dangers of the current system, the pandemic could create an opening for these types of meaningful law reform.” provide to beneficiaries receiving services would otherwise be construed as gross performing nursing homes subject to through a HCBS waiver program. This negligence).16 Similarly, the US Secretary additional inspections.18 Moreover, the institutional bias could be eliminated by of Health and Human Services used Biden Administration has proposed an amending the underlying statute, as draft his authority under the Federal Public additional $400 billion (over eight years) legislation being circulated by Michigan Readiness and Emergency Preparedness for HCBS, which would help increase Congresswoman Debbie Dingell (D-Mich.) Act (the “PREP Act”) to bar state and access to alternatives to nursing home care, and a handful of US senators would do.15 federal claims against nursing homes although it would not eliminate Medicaid’s that unreasonably administer or use bias in favor of institutional care. The Danger of Chronic Understaffing Understaffing is commonplace The key will be to require financial But Is There an Appetite for Reform? infection “countermeasures” such as States also are considering reform. A key problem exposed by the COVID-19 because while federal regulations transparency so that facilities cannot hide The good news is that, by exposing masks and testing.17 For example, proposed legislation pending pandemic is the danger of chronic under- set expected outcomes for facilities, profit as expenses and to set spending the dangers of the current system, the In addition, policymakers responding in Rhode Island would require nursing staffing in nursing homes. Low staffing regulators do not hold nursing homes minimums high (such as New Jersey’s 90% pandemic could create an opening for by waiving—and even eliminating in some homes to provide the 4.11 hours of care levels—and especially low levels of nursing accountable for those outcomes. Instead, requirement and unlike the 70% threshold these types of meaningful law reform. cases—existing requirements designed per resident, per day 19 that research has staff 5—predict facilities’ inabilities to control when nursing homes are found to have New York adopted as part of its 2021 Unfortunately, the political response to protect residents. The Centers for indicated is necessary to avoid neglect COVID-19 outbreaks and avoid fatalities.6 violated federal regulations designed Budget Bill).14 to COVID-19 provides reason for Medicare and Medicaid Services initially (see footnote 13). The dangers of understaffing were an to protect residents, they typically face The federal government—the primary skepticism about the extent of reform it responded to the COVID-19 pandemic by In short, policymakers interested in open secret long before the pandemic. no fine or other penalty; they are simply payer for long-term care services in the will spark. At both the state and federal waiving a series of regulatory requirements improving long-term care have a variety Even before the pandemic, researchers directed to correct the deficiency. US—could use the power of its wallet to levels, policymakers’ primary response to for nursing homes and suspending most of straight-forward options available to had shown that most facilities lacked Therefore, unscrupulous providers can incentivize better care. It could pay nursing concerns about COVID-19 transmission enforcement actions. Arkansas even rolled them. Accordingly—as I suggested in the staff necessary to avoid systemic increase profits by short-staffing facilities. homes that provide high-quality care more within nursing homes was not to protect back its minimum staffing requirements in The Washington Post, examining the neglect.7 Likewise, pre-pandemic nursing Indeed, private equity firms continue to than those that provide substandard care. nursing home residents, but rather to response to industry lobbying. politics of nursing home reform 20 —the homes’ inspection reports provided buy low-quality nursing homes11 because Elsewhere in the US healthcare system, protect the nursing home industry. That said, there are some promising key question is not what can be done to ample evidence of facilities lacking the of the profit such facilities can generate— pay-for-performance is the norm. But As I outline in The Hill, roughly half measuring under consideration. For fix America’s long-term care crisis. The staff needed to care for residents, such as especially when owners are willing to nursing homes that provide excellent care the states in the US granted immunity to example, at the federal level, there is the key question is whether there is the those needed to help residents eat without sacrifice resident safety to maximize profit.12 are generally still paid the same as those nursing homes amid the crisis (some even Dingell proposal, as well as a Senate bill political appetite to make the changes choking, maintain mobility, or simply stay that provide shoddy care. went so far as to grant immunity from introduced by Pennsylvania’s senators that that are so clearly needed. n clean. ProPublica’s database of nursing The Power of the Federal Wallet The federal government also could criminal liability and from acts that would expand the number of poorly home inspection reports, for example, To address this issue, federal regulators improve long-term care by fixing a turns up scores of cases of residents with could change the way nursing home fundamental market failure that it has maggot-infested wounds and skin in the penalties are assessed and enforced, created. The federal statute governing two years preceding the pandemic.8 imposing more significant fines and using Medicaid requires states to cover long- 1 “COVID-19 in Nursing Homes: Most 6 “Staffing Levels and COVID-19 11 “Private Equity Ownership Is Killing 17 “Guidance for PREP Act Coverage for Chronic understaffing doesn’t just the full range of penalties that federal term care services provided in nursing Homes Had Multiple Outbreaks and Cases and Outbreaks in US Nursing People at Nursing Homes,” Vox.com COVID-19 Screening Tests at Nursing result in bad care: it can be lethal. statutes already authorize. This includes not homes to Medicaid beneficiaries, but it Weeks of Sustained Transmission Homes,” Journal of the American (Feb. 22, 2021). Homes, Assisted Living Facilities, For example, when staff members only monetary fines but also holds on new allows states to choose whether to cover from May 2020 through January Geriatrics Society Vol. 68, No. 11 12 “Does Private Equity Investment in Long-Term-Care Facilities, and Other are not available to assist residents who admissions and suspensions of payment. those services in more integrated settings. 2021,” US Government (November 2020). Congregate Facilities,” US Healthcare Benefit Patients? Evidence Accountability Office (May 2021). Department of Health and Human need help to stand or walk, residents may Regulators also could require facilities States that wish to provide home and 7 “Registered Nurse Staffing Falls from Nursing Homes,” NYU Stern Services Office of the Assistant fatally injure themselves attempting to get to have minimum direct care staffing community-based services (HCBS) to 2 “Is Extended Isolation Killing Older Short in Most Nursing Homes,” School of Business (Nov. 12, 2020). Secretary for Health (Aug. 31, 2020). Adults in Long-Term Care?” AARP Skillednursingnews.com about on their own. Understaffing is also levels that accord with what researchers Medicaid beneficiaries needing long- (Sept. 3, 2020). (March 15, 2018). 13 “The Need for Higher Minimum 18 US Congress (116th), Nursing Home associated with abusive practices. have found necessary to provide humane term care typically apply for a “Section Staffing Standards in US Nursing Reform Modernization Act of 2020 3 “Black and Latino Nursing Home 8 “Nursing Home Inspect,” Homes,” Health Services Insights A 2018 Human Rights Watch report care (slightly over four hours per resident, 1915(c)” waiver from the federal Deaths in Illinois Linked to Propublica.org (May 2021). Vol. 9 (April 2016). S.4866 (October 2020). found that US nursing homes routinely per day).13 government. Under this waiver program, Overcrowding,” WMAQ-TV 19 State of Rhode Island, Nursing Home 9 “‘They Want Docile:’ How 14 State of New York, Budget Bill overmedicate residents with dementia to In addition, regulators could require states are not required to provide HCBS (NBC Chicago) (April 30, 2021). Nursing Homes in the United States S.2507/A.3007 (Jan. 20, 2021). Staffing and Quality Care Act S.0002 make them docile and easier to control.9 facilities to use a substantial portion on equal terms with institutional long-term 4 “Nursing Homes, COVID-19, and the Overmedicate People with Dementia,” (January 2021). 15 “Draft: A Bill to Amend Title XIX of the This practice can increase the risk of death of their revenue to care for residents. care services, but rather they may cap the Consequences of Regulatory Failure,” Human Rights Watch (February Social Security Act to Require 20 “Covid Awakened Americans to a and strip residents of their personalities— For example, New Jersey has adopted number of beneficiaries served under the Georgetown Law Journal Online Vol. 2018). Coverage of Home and Community- Nursing Home Crisis. Now Comes the as one daughter put it, her mother became legislation requiring nursing homes to waiver and the cost of services provided. 110 (Spring 2021). Hard Part,” The Washington Post 10 “Variation in Use of Antipsychotic Based Services Under the Medicaid (April 28, 2021). a “zombie.” Nevertheless, as a 2017 spend 90% of annual aggregate revenue The result is that most states have 5 “Nurse Staffing and Coronavirus Medications in Nursing Homes in the Program” Rep. Debbie Dingell (D-MI) review found, under-staffed facilities on direct resident care. This approach waiting lists for at least one type of Infections in California Nursing United States: A Systematic Review,” (2021). Homes,” Policy, Politics, & Nursing BMC Geriatrics Vol. 17, No. 1 appear to use psychotropic medication could prevent unscrupulous providers from Medicaid-funded HCBS care, and Practice Vol. 21, No. 3 (August (January 2017). 16 “Nursing Homes Need Increased as a “cost-saving alternative to hiring pocketing funds needed for resident care. approximately three-quarters of states Staffing, Not Legal Immunity,” The Hill 2020). (May 23, 2021). additional RNs.”10 limit how many hours of care they 14 15
College of Law News Visit law.syr.edu for all College of Law news, or follow us on social media Dean Boise Joins Governing Advisory Council First-Time and Disability Rights Luminaries Speak at DLPP/Syracuse Law Review ADA Symposium of ABA Legal Education Police Practices Ultimate Bar Passage Consortium Rates Released The College hosted a star-studded Americans with Disabilities Act Symposium in April 2021, commemorating the ADA’s 30th anniversary, as First time and ultimate bar passage well as the Disability Law and Policy Program’s 15th anniversary and a In October 2020, Dean Boise joined a 10-member Advisory rates for Syracuse Law graduates special ADA volume of the Syracuse Law Review. Council to govern the newly formed ABA Legal Education Police were posted in March 2021. Of Guest speakers included disability law luminaries Alison Barkoff, Practices Consortium. As a member of the Advisory Council, first-time bar exam takers in the Acting Administrator and Assistant Secretary for Aging, US Department Dean Boise will help lead Consortium efforts to leverage New York jurisdiction, 81.31% of Health and Human Services; international disability rights activist Judy expertise across the ABA and among collaborating law schools to develop projects that passed (compared to the state Heumann; and Arlene Mayerson, Founding Directing Attorney Emerita, promote better police practices throughout the United States. average of 85.93%). Disability Rights Education and Defense Fund. “As a former police officer and commissioner on the Cleveland, OH, Community The Ultimate Bar Passage rate Many of the papers discussed during the symposium will be published Police Commission, I care deeply about building positive community/police relations,” for students graduating in the 2018 in a future edition of the Law Review, focusing on the past, present, and said Dean Boise. “Syracuse is fully committed to helping the Consortium use the calendar year was 94.08%. future of disability rights domestically and internationally. combined power of the bar association and law schools to effect change to police practices. The Consortium also will provide our students with meaningful opportunities to contribute to the imperative work of police reform locally and nationally.” Professor Doron Dorfman (top left) and Professor Arlene Kanter (bottom right) hosted the ADA@30 Symposium. College of Law Rises Nine Places in U.S. News Rankings The College of Law rose nine places in the 2022 edition of the U.S. News & World Report law school rankings, released in April 2021. Among drivers of this improvement, the College’s median LSAT rose one CCJI Helps Launch Wharlest and Syracuse Law Hosts Policing point to 155 and the Undergraduate GPA increased from 3.33 to 3.53. In fact, Syracuse Law was among Exerlena Jackson Legacy Project Reform Panel Discussion just 25% of law schools that improved both LSAT and UGPA, tying for the largest increase in UGPA. The College’s selectivity improved by seven percentage points, the bar passage rate climbed from To honor the sacrifice and memory of two civil rights activists Exploring policing reform 85% to 88%, and the influential Judges/Lawyers Assessment Score went from 2.9 to 3.0. Notably, the from Natchez, MS, Professor Paula Johnson and students in efforts in Onondaga County Advocacy Program climbed from #15 to #11, marking a 16-place rise in the rankings in the last two years. the Cold Case Justice Initiative helped launch the Wharlest and connecting those local and “The U.S. News rankings are just one way to measure our success,” noted Dean Boise. “Despite and Exerlena Jackson Legacy Project with a two-day virtual community efforts to the broader their pervasiveness, we remain singularly focused on our mission, which is to graduate extraordinary law symposium for public junior and senior high school students in national conversation about students who go on to lead extraordinary lives enriched by all they learn and experience at Syracuse Law.” both Natchez and Syracuse on March 26-27, 2021. policing practices, Syracuse Law In addition to honoring the Jacksons’ service and sacrifice hosted the “Policing and Reform in Celebrating Classes of 2020 and 2021 (both were active in the NAACP, and in 1967 Wharlest was killed in what the FBI considers a Ku Klux Klan attack), the Onondaga County and Beyond” panel discussion in April 2021. On May 7, 2021, Syracuse Law celebrated the graduation Legacy Project aims to provide resources to enable students Sponsored by the Syracuse of both the classes of 2020 and 2021 with a virtual to achieve their life and career goals and to continue the Civics Initiative and hosted Commencement ceremony featuring an address by Joanna Jacksons’ dedication to civic engagement. by Dean Boise and Professor Geraghty L’97, President and COO of JetBlue. To assist the project, Syracuse Law students have Lauryn Gouldin, the discussion “The rule of law can never have enough friends across the volunteered as “Life Buddies”—or mentors—to help school featured Syracuse Police Chief Kent Buckner; Lisa Kurtz, globe, where it can appear to be under siege at different times students navigate the next steps in their lives. Junior high and Innovative Policing Program, Georgetown Law; Jimmy Oliver, and in different circumstances,” Geraghty told the graduates. high school students who register in the Life Buddies program Syracuse Police Director of Community Engagement; Sarah “Syracuse taught you that, be a friend to the rule of law will be assigned a law student who can answer questions Reckess L’09, Director, Center for Court Innovation-Syracuse wherever and whenever you come across it—and you will.” about the path to college and other career decisions. Office; and Onondaga County Legislator Vernon Williams Jr. Class of 2021 President Troy D. Parker and SBA LL.M. The panel addressed key provisions of the Police Reform and Senator Fildous Hamid offered their colleagues words of Reinvention Plans recently developed by Onondaga County congratulations and encouragement. Alicia Loomis L’19, and the City of Syracuse, including use-of-force policies, police- an associate at Costello, Cooney & Fearon PLLC, sang the community relations, and alternatives to arrest. National Anthem and Alma Mater. In addition to the virtual Commencement, on May 6 the College held a virtual awards (L to R) Dean Boise, Professor Laura Lape, and Vice Dean Keith Bybee at ceremony honoring student, faculty, and staff excellence. the filming of the special 2021 Commencement ceremony. 16 17
College of Law Faculty News Visit law.syr.edu for all College of Law news, or follow us on social media August 2020 September 2020 November 2020 Professor Barnes DHS Senior Named Associate Executive Matthew Dean for Faculty Kronisch Joins SPL Research The Institute for Kristen Barnes—an Security Policy expert in property and Law (SPL) and housing law, welcomed Matthew anti-discrimination, L. Kronisch as a Professor Ghosh Submits Public and civil rights—succeeded Professor Professors Ghosh and Gouldin Distinguished Fellow-in-Residence. Interest Statement to Trade Lauryn Gouldin as Associate Dean for Appointed as Crandall Melvin Kronisch is the first-ever Department Commission Faculty Research. Professors of Homeland Security Office of the Submitted to the US International “As Associate Dean, Professor Recognizing their significant scholarship General Counsel Senior Executive Trade Commission, Professor Shubha Barnes leads the College’s continued and thought leadership, as well as their assigned to an academic institution Ghosh’s Public Interest Statement placement of faculty scholarship in excellence in teaching, Dean Boise re- under the Intergovernmental Personnel raises questions around a finding top-tier law journals, brings noted law appointed Professor Shubha Ghosh as Act. that Daewoong Pharmaceuticals had experts to Dineen Hall to facilitate the Crandall Melvin Professor of Law and Kronisch conducts research, teaches misappropriated Medytox’s trade Professor Kanter Moderates Fulbright ADA Panel appointed Professor Lauryn Gouldin exchange of ideas, encourages grant- homeland intelligence topics, and serves secrets in developing and importing Professor Arlene Kanter, Laura J. and L. Douglas Meredith Professor of as Crandall Melvin Associate Professor funded research projects, and broadens as a career advisor for the Syracuse Nabota, a competing botulinum toxin Teaching Excellence and Director of the Disability Law and Policy Program, of Law, each for a five-year term. our faculty’s involvement with noted University Intelligence Community product. Ghosh expressed concerns moderated a panel discussion in celebration of the 30th Anniversary of the institutions around the world,” says Center of Academic Excellence. about the anti-competitive effects of the Americans with Disabilities Act. Part of the Fulbright Impact in the Field Panel Dean Boise. administrative judge’s determinations. Series, the discussion convened more than 300 Fulbright alumni scholars with disabilities, accessibility and inclusion advocates, and legal experts. December 2020 Professor Dorfman Publishes 2020 Israeli Municipal Accessibility Index For the second year—in his capacity as an affiliated researcher at aChord- Social Psychology for Social Change— Professor Johnson Appointed to Professor Doron Dorfman led a study Judicial Commission on attitudes toward disability in Israel Professor Paula Johnson, Co-Director and the state of disabled Israelis. The of the Cold Case Justice Initiative, Municipal Accessibility Index also was appointed the Franklin H. Williams examines Israeli public opinion about Judicial Commission. The Commission experiences during the COVID-19 advises decision-makers throughout pandemic. the New York court system on issues Professor Beth Kubala joins fellow civilian aides to the Secretary of the Army at an affecting both employees and litigants August 2020 swearing-in ceremony. of color. All members are appointed by the Chief Judge of the New York Court Beth Kubala Appointed US Army Civilian Aide of Appeals. Teaching Professor Beth Kubala, Executive Director of the Betty and Michael D. Wohl Veterans Legal Clinic, was named one of six civilian aides to the Secretary of the Army. CASAs promote good relations between the Army and the public and advise the secretary on regional issues. Thanking the new CASAs, Secretary of the Army Ryan D. McCarthy said, Professor Doron Dorfman teaching in “These are unprecedented times, and the Army is fortunate to have you in the September 2020. community interacting with civic leaders, educators, and businesses.” 18 19
College of Law Faculty News College of Law Student News Visit law.syr.edu for all College of Law news, or follow us on social media January 2020 May 2021 June 2021 Lisa Cole Honored with Ms. JD Powers Awarded Scullin Faculty Participate in Society of Wentworth- Fellowship Scholarship Socio-Economists Annual Meeting Mullin Appointed Several College of Law faculty to NYSBA In August 2020, 3L Lisa Cole was At a December 2020 ceremony, members participated in the 2021 Committee on among 12 law students from around rising 3L Leita Powers was Society of Socio-Economists Annual Veterans the country honored with a Ms. JD awarded the Northern District Meeting, hosted by the College of Chantal Fellowship. According to Ms. JD—a of New York Federal Court Bar Law and titled “Pressing Social Issues.” Wentworth- non-profit, non-partisan organization Association Scullin Scholarship. Joining Professor Robert Ashford, Mullin, Managing that seeks to support and improve the The award—named for the Hon. Professors Berger and Gouldin experiences of women law students and Frederick J. Scullin Jr. L’64—is Program Co-Chair for the AALS Director of the Betty and Michael Promoted lawyers—fellows are selected based on given each year to an exemplary Section on Socio-Economics, were D. Wohl Veterans Legal Clinic, was Dean Boise announced that—with the their academic performance, College of Law student who professors Christian Day, David appointed to the New York State Bar concurrence of Chancellor Syverud— leadership, and dedication to shows a keen interest in federal Driesen, and Shubha Ghosh. Association Committee on Veterans. and the University Board of Trustees, advancing the status of women in practice. Wentworth-Mullin will assist her professors Todd Berger and Lauryn the profession. colleagues in program development, Gouldin have been promoted to the advocacy, and strategic collaborations rank of full professor. that address the legal issues and needs of military servicemembers, veterans, and their families. The Father-Daughter Duo Yanez Chosen for Prestigious Taking on the College of Law AAPD Summer Internship Robert Ashford Christian Day Dean Boise Appointed SU Board of Trustees Representative In November 2020, father and In January 2021, rising 2L As Dean Representative to the Board of Trustees, appointed by Chancellor Kent daughter law school students Scott Matthew Yanez—recipient Syverud, Dean Boise will participate, ex officio, on the Board of Trustees’ Academic and Lauren Deutsch were profiled by of a Dean’s Scholarship and a Affairs Committee, and report to the Board at Executive Committee and full Board Syracuse University News: “He told JK Wonderland Scholarship— meetings. me how welcoming the school was,” was chosen to be an American Lauren—a rising 2L—says, referring Association of People to her father’s advice about choosing with Disabilities (AAPD) . Syracuse Law. “I want to be at a school summer intern. “This is a David Driesen Shubha Ghosh where everyone is welcome, where the prestigious summer internship diversity is enormous, and I’ve found that receives hundreds of that here.” applications each year from April 2021 In the story, rising 3L Scott—an Army veteran—notes undergraduate and graduate students with disabilities Syracuse’s strong commitment to veterans and their families: from all academic fields within the US,” explains Professor “It’s a major point of pride; you see why veterans are drawn to Professor Arlene Kanter, Director of the Disability Law Gardner Receives campus.” and Policy Program. “Only a fraction of those students Meredith Teaching are selected each year.” Recognition Award Teaching Professor Shannon Gardner was awarded a Syracuse University 2021-2022 Meredith Teaching Recognition Award for Continuing Excellence in Teaching, recognizing her contributions to teaching and learning. The award is one of the highest teaching honors bestowed by the University. 20 21
College of Law Student News Visit law.syr.edu for all College of Law news, or follow us on social media Frimpong Becomes the First Black Jasper Pursues His Dream of a Marquette Receives Best for Vets Award Student to Lead Syracuse Law Review Law Degree Online At its May 2021 awards ceremony, rising 3L In February 2021, rising 3L Hilda Ryan Marquette received the Student Veterans Frimpong was elected by her peers Organization’s Best for Vets Award, given to the as the first Black student to lead the student veteran who has done the most to help Law Review as Editor-in-Chief since fellow student vets succeed on and off campus. it began publishing in 1949. “I am honored to break down barriers as the Marquette serves as President of Veterans’ Issues, Support Initiative, and Outreach Network Law Students Awarded ICCAE first person of color and first Black (VISION) and President of the National Security Downey Scholarships woman in this role. I am proud that Student Association. my expertise and unique perspective Rising 3Ls Abigail Neuviller ’19, Penny Quinteros, will be added to the legacy of the Law In his March 2021 Syracuse Stories profile, Joseph Jasper— a rising 2L and US Army Chief Warrant Officer—spoke about and Meghan Steenburgh G’97, and rising 2L Miriam Review,” says Frimpong. Mokhemar, were among a group of 13 undergraduate, Added Law Review Faculty Advisor Professor Robin Paul how the “stars aligned” after transferring to Fort Drum in Upstate New York and learning about Syracuse Law’s graduate, and law students awarded Downey Malloy, “This is wonderful news for Hilda, the Law Review, and the College. I am proud to serve as Advisor during this JDinteractive program: “I was enticed by the hybrid format and Otasowie MCs ROTC Review Scholarships by the Syracuse University Intelligence the fact that it was accredited by the American Bar Association.” Community Center for Academic Excellence (ICCAE) in groundbreaking and overdue moment in its history.” May 2021. The award recognizes academic excellence, For Jasper, attending law school is a “dream come true:” “I have Sharon Otasowie L’21—an Air Force ROTC not stopped being excited about the opportunity to attend such Cadet and US Air Force JAG Corps graduate commitment to public service, and potential to bring a reputable university in pursuit of my legal education.” law candidate—had the honor of performing diverse and distinctive backgrounds and experiences to Read more about Jasper’s story at http://law.syr.edu/news_ MC duties at the 104th Chancellor’s ROTC the US Intelligence Community. Thevenin Trades Her Running events/news/joseph-jasper-pursuing-the-dream-of-a-law- Review Ceremony in April 2021. The Spikes for Law Books degree-online Chancellor hosts the annual ceremony to recognize the distinguished performance of cadets in the University’s Army and Air Force In her March 2021 ROTC programs. Syracuse Stories profile, rising 2L A Powerful Voice for Justice Tia Thevenin In the third March 2021 profile, Syracuse Stories turned the ’18—a former spotlight on rising 3L Mazaher Kaila, an immigrant from standout Syracuse Sudan who is driven by civic engagement: “It’s a core value for University hurdler— me. I have always aspired to help the communities I’m from.” discusses picking Kaila is not waiting until she graduates to assume the role of herself up from the advocate and change-maker. She serves as President of the IN MEMORIAM disappointment of Black Law Students Association and is leading efforts to help not competing for Team Canada in the 2020 Olympics the University administration address issues of diversity and due to the coronavirus pandemic: “I had planned to go to inclusion.Read more about Kaila’s story at http://law.syr.edu/ law school anyway, so I sped up my timeline. Walking away news_events/news/mazaher-kaila-a-powerful-voice-for-justice from the sport—and Team Canada—was one of the hardest decisions I’ve ever had to make. It’s also exciting to do The College of Law mourns the passing of John P. Goerner, something new.” a Class of 2023 student in the JDinteractive program, in April Thevenin adds, “Studying law is not so different from 2021. An avid hockey and rugby player, Goerner held a B.S. running track. My goal is not to compete with my classmates in Information Systems from Bellevue University, Nebraska, but to inspire them to reach their fullest potential.” and an M.B.A. from Alvernia University in Reading, PA. Read more about Thevenin’s story at http://law.syr.edu/ John planned to use his law degree to represent the less news_events/news/1l-tia-thevenin-an-olympic-sized-dream fortunate. “John was a fighter,” Associate Dean for Online Education Kathleen O’Connor told The Daily Orange. “He was a wonderful student and an exemplary man.” Photo: Larry Miller 22 23
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