Emory Law News Center

November 2014 In the News Archive | Emory University School of Law

Brown on CNN: Ferguson "is what absolute power looks like"

Brown on CNN: Ferguson "is what absolute power looks like"

For many Americans, Ferguson is the latest reminder that our criminal justice system doesn't treat blacks and whites the same, and that young black men in particular are often killed with impunity, CNN's Ray Sanchez writes. It started when police officials left Michael Brown's body in the street for four hours. "The nicest thing you can say is that it's the most insensitive thing we've seen in a long time," said Emory Law Professor Dorothy Brown. "The other extreme is, this was done deliberately. It's sending a signal. We don't want anybody challenging the status quo. Here is a body as a reminder."

Beerman praises Ahdieh cost-benefit analysis article

Beerman praises Ahdieh cost-benefit analysis article

When I saw the title of Robert Ahdieh's recent article, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), I thought, "Oh no, not another article about CBA." Knowing Professor Ahdieh's work, I took a flyer and read it anyway, and boy was I happy with my decision. This is a great article which should be of interest to anyone involved in administrative law, securities regulation and policy analysis more generally.

States will benefit from Obama action, Price says

States will benefit from Obama action, Price says

President Obama's executive action on immigration will likely benefit state government by helping the economy and easing a costly burden on child services programs, including state care of U.S. citizen children whose parents might otherwise be deported, says Emory Law Professor Polly Price.

Pardo in Bloomberg: Corinthian College sale is fox-in-the-henhouse deal

Pardo in Bloomberg: Corinthian College sale is fox-in-the-henhouse deal

The Educational Credit Management Corp. is buying 56 of Corinthian Colleges' campuses for $24 million. The nonprofit's primary business is as a guarantor of student loans. "This is like the government giving the fox unfettered access to the hen house, which in this case is the students," says Emory Law Professor Rafael Pardo. "The perceived conflict of interest really casts a pall on this whole transaction."

Price on WABE: Obama's order on immigration is defensible

Price on WABE: Obama's order on immigration is defensible

Professor Polly Price's extensive interview on WABE examined the legal doctrine behind President Obama's executive order on immigration. The use of executive action isn't anything new, but the scope, or number of people it affects breaks new ground, Price said. However, until Congress passes legislation, the president's action is defensible, and states will likely be unsuccessful in challenging it. The president's plan essentially says, "OK, for the next two years you can plan your life," Price said. "You don't have to worry about deportation, we have other priorities. And you can work legally if someone will hire you ... It's a very limited form of relief." Roughly 400,000 people a year have been deported under Obama's administration, and that won't change, Price said. The order will prioritize deportation of two groups of immigrants--recent arrivals and those with a criminal history. If it created a path to citizenship, Congress would have a valid argument to oppose the order, Price said, but that's not the intent.

Price discusses effects of Obama's executive order plans for immigration

Price discusses effects of Obama's executive order plans for immigration

On Second Thought Radio, Professor Polly Price discusses the possible impact of President Obama's intention to use an executive order to set new immigration policy. The proposal would affect members of "mixed" families--those that have a U.S. citizen child or spouse, and other immediate family members who are undocumented, Price said. The order would protect up to five million unauthorized immigrants from the threat of deportation and provide work permits.

Waldman: Georgia can do better on public juvenile record policy

Waldman: Georgia can do better on public juvenile record policy

Say you were convicted of shoplifting a couple of times when you were 13. Fifty years later, you would hope that wouldn't still be on your record. But in some states, like Georgia, it probably is. And anyone can access it. In Georgia, you can't get your criminal record expunged. You can only make a request to have it sealed. "Georgia could do better in protecting our kids," says Randee Waldman, director of the Barton juvenile Defender Clinic.

Jonathan R. Nash

Nash for The Hill: Obama, China and climate change

President Obama's announcement of a "historic agreement" between the U.S. and China to reduce greenhouse gas emissions on its face touches upon international law and domestic regulation. In point of fact, the agreement is not itself historic on either of these fronts. Still, what it might lead to down the line--a multilateral climate change treaty--makes the bilateral agreement a first step along a potentially historic path. There is no treaty, however. Rather, the agreement seems more like a bilateral version of a deal based on successive promises.

Timothy R. Holbrook

Holbrook for CNN: What same-sex marriage has to do with gun control

Every federal district court, save one in Louisiana, had found a constitutional right to same-sex marriage (as have four federal courts of appeal). This string of victories, however, came to a halt on Nov. 7, when the U.S. Court of Appeals for the Sixth Circuit, on a 2-1 vote, became the first federal appellate court to uphold same-sex marriage bans. The decision focused on whether courts, or the people through democratic processes, should be making decisions about marriage, and suggested judges should not. The court is wrong. It is critical for the judiciary system to play a role in our constitutional process.

Mary L. Dudziak

Dudziak for Balkanization: Honor veterans by learning their stories

"Soldiers perform labor that the nation desires, but that most Americans never contemplate doing themselves," writes Asa Griggs Candler Professor of Law Mary Dudziak. "Americans support war without engaging its costs, or even paying close attention to the work soldiers do. To mark Veterans Day, we can get beyond shallow accolades and actually read about it. My choice this November is the extraordinary memoir of Bruce Wright, 'World War I as I Saw It: The Memoir of an African American Soldier.'"

Seaman on WABE: Judge was right to reverse media ban order

Seaman on WABE: Judge was right to reverse media ban order

The judge in the Atlanta Public Schools cheating trial apologized today after stopping a television news report from being broadcast. Judge Jerry Baxter signed an emergency motion Friday on behalf of the prosecution. He lifted that order this morning. Lifting the order was appropriate says Emory Law Professor Julie Seaman, who teaches first amendment law. "If the press has lawfully obtained truthful information, it's very difficult constitutionally for a court to prevent its publication in advance."

An-Na'im comments in Newsweek on ISIS hostage Kassig

An-Na'im comments in Newsweek on ISIS hostage Kassig

In recent months, ISIS has shown a canny grasp of social media to parade its grim schedule of executing prisoners. American Peter Kassig is a devout Muslim and captive. Because ISIS has broken its regular media schedule, his mother hopes he is living. Professor Abdullahi An-Na'im commented on how ISIS interprets Shariah. "There are many things ISIS is doing, such as mass killing of prisoners of war, extreme violence, rape, destruction, which by consensus, according to mainstream of Muslims, is, both historically and contemporarily, contrary to Shariah. But ISIS has a different interpretation."

Dorothy A.  Brown

Brown for CNN: Black voters didn't help GOP win

On Tuesday, voters across the country appeared to offer a rebuke to the administration of President Barack Obama by voting into office many Republicans, who now will control the Senate and the House of Representatives. Such a take-down in the second year of the second term of any President is not uncommon. Does voters' midterm reaction to Obama indicate some flagging in support for him among people of color? Could the GOP be making inroads with black voters?

NYTimes editorial cites Shepherd, Kang studies on campaign contributions' impact on justice

NYTimes editorial cites Shepherd, Kang studies on campaign contributions' impact on justice

A report by Emory Law Professors Joanna Shepherd and Michael Kang, "Skewed Justice," was released on Oct. 21. It found that as the number of TV ads about state supreme court races goes up--ads that often target justices as "soft on crime"--justices are less likely to vote in favor of criminal defendants. These findings follow Shepherd's 2013 study showing that the more donations justices get from business interests, the more likely they are to rule in favor of business litigants.