Emory Law News Center

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

Zwier in Daily Report: Dispute resolution skills essential

Zwier in Daily Report: Dispute resolution skills essential

As the number of jury and bench trials shrink, negotiation and mediation skills are even more relevant. Emory's overall attitude toward ADR is that the skills learned are just as relevant in more traditional adversarial settings as in the conciliatory rooms of mediation, says Professor Paul Zwier. "Lawyers need to develop skill sets such as empathic listening and problem solving when in ADR but today's litigators need those skills in order to make a good, classic legal argument--either to opposing counsel or a judge," he said. "I really do think that part of the ideal lawyer is to be as much of a peacemaker as well as an advocate."

Dudziak in Time: International response to Ferguson questions U.S. commitment to civil rights

Dudziak in Time: International response to Ferguson questions U.S. commitment to civil rights

In the Cold War, images of blacks' treatment in the U.S.--including armed soldiers blocking nine African American students from entering a schoolhouse in Little Rock, Ark.--made headlines across the world. "The issue caused people from other countries to wonder whether the U.S. had a commitment to human rights," Asa Griggs Candler Professor of Law Mary Dudziak tells Time. One Soviet newspaper wrote of American police "who abuse human dignity and stoop to the level of animals." The recent decisions to not prosecute police in the deaths of Michael Brown and Eric Garner have led to similar criticism from North Korea, Iran and the U.N. high commissioner for human rights.

Laurie R. Blank

Laurie Blank for The Hill: "Torture is illegal under U. S., international, and other national laws"

The Senate Select Committee on Intelligence report on the brutal methods employed against detainees offers 6,000 pages worth of reasons and reminders why torture is prohibited. And yet, it seems even this is not sufficient--because the media, government officials and many others continue to debate whether torture is or was effective.

Business Insider ranks Emory Law No. 20 among "Best Law Schools in America"

Business Insider ranks Emory Law No. 20 among "Best Law Schools in America"

Results were based primarily on a survey of more than 300 legal industry professionals, and rankings also factor in data on acceptance rates and post-graduate employment rates. "Emory University Law School has a strong relationship with the Carter Center, where students can work in clinics promoting world peace. One of the four legal journals at Emory Law is the student-run Emory Bankruptcy Developments Journal--the only journal of its kind in the country," the report reads.

Law360 cites Velikonja in analysis of anticipated changes in SEC waivers

Law360 cites Velikonja in analysis of anticipated changes in SEC waivers

A push by U.S. Securities and Exchange Commission member Kara Stein to demand more from companies seeking waivers after enforcement actions likely adds to the uncertainty of negotiating a settlement with the agency. On Nov. 25, the SEC granted Bank of America Corp. and its Merrill Lynch broker-dealer business a temporary, conditional waiver from an automatic ban that keeps "bad actors" from participating in private securities transactions, after its landmark $16.65 billion settlement over failings in its mortgage-backed securities business. Conditions include having the bank retain an independent compliance consultant, and a requirement to return to the agency in two and a half years to renew the waiver. "We're likely going to see more of these waivers with conditions attached," said Emory Law Assistant Professor Urska Velikonja, as part of Stein's agitation for reform.

Richard D.  Freer

Freer: Request for internal GM documents violates "sacrosanct" attorney-client privilege

Plaintiffs suing General Motors claiming the carmaker covered up evidence of a faulty ignition switch they blame for their daughter's death want GM's lawyers at King & Spalding to hand over confidential internal notes and memos about the case. King & Spalding will fight back, says Emory Law professor Richard Freer. "The attorney-client privilege is sacrosanct," he said. If a judge--as a representative of the government--were to grant the motion to compel King & Spalding to produce its communication with its client or among its lawyers, the action could have far-reaching effects not only on the legal world but on privacy in general, Freer said.

Dudziak in Newsweek: Police death cases hurt U.S. foreign policy

Dudziak in Newsweek: Police death cases hurt U.S. foreign policy

In a parallel to the black eye civil rights abuses gave the U.S. abroad in the '60s, America's race problems are again front-page news, from London to Baghdad, Beijing to Tehran--and of course trumpeted to the remotest mountaintops via Arab-language radio and television stations. Russia, China and ISIS are all crowing about American "hypocrisy" in social media. "Obama needs to present [racial discrimination] as one of the nation's most pressing and urgent problems," said Asa Griggs Candler Professor of Law Mary Dudziak. "We can't pursue a human rights agenda abroad if we're not protecting them at home."