"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on

 
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"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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
"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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
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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
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Kathleen Curtis
                                             12   32   Institute for Security Policy and Law:
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"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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 Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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
"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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
"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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
"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
“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
"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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 Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
“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
"The Three Global Hotspots of the Climate-Security Century" - Professor Mark Nevitt on
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
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                                                                                                                                                                                                                            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.”

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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.

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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

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