Emory Law News Center

2014 In the News Archive | Emory University School of Law


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

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 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"

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

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.

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

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."


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

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

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

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

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

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

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.

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.

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.

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

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

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."

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

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.


Price on GPB: Georgia may be testing ground for immigration issues' impact on elections

Immigration issues have been in the forefront of U.S. politics for several years, and in 2011, Georgia passed one of the strictest immigration laws in the country. Emory Law Professor Polly Price discussed how immigration may influence both state and national elections, on Georgia Public Broadcasting's "On Second Thought" radio show. She notes Georgia has the country's sixth-highest Hispanic population, and that immigrants now represent 13 percent of the U.S. population.

Dowd 65L: Better counsel could have saved Rose from baseball ban (registration required)

Pete Rose could have saved his place in major league baseball had he been counseled to admit he gambled on his team, said John Dowd 65L, the lawyer who led the 1989 investigation into the game's all-time hit leader. The Emory event marked the 25th anniversary of Rose's banishment. Dowd and Allan Diamond 79L, partner of Diamond McCarthy in Houston, talked with Emory Law students on Oct. 30.

Price in Time: Mandatory quarantine for nurse Kaci Hickox can influence other states' ebola policies

Emory University law professor Polly Price says if the court decides in favor of the Maine health officials, other states may ¿feel free to post armed guards outside of asymptomatic people¿s houses, or confine them in an institution.¿

Levine comments on DeKalb corruption cases

In its coverage of recent DeKalb County corruption cases, public radio station WABE-FM consulted legal experts on the ramifications of witness credibility issues. "It's always easy to Monday morning quarterback," said Emory University School of Law professor Kay Levine. "When it falls apart it's very easy to look back and say, 'you should have thought this through more.'"

Berry 03L: The Intersection of Government, Law, and Politics

Jeremy Berry 97C 03L knew as an Emory freshman that he was interested in politics and government, and his resume shows it. As an undergrad, the political science major served as Student Government Association president, interned for the Clinton/Gore White House, and worked for a U.S. senator. But it was after graduation, during a stint at Emory's Office of Government and Community Affairs, that Berry experienced a pivotal moment--chauffeuring Congressman John Lewis around Emory¿s campus during a day-long visit.

Washington Post cites Shepherd, Kang study on bare-knuckle judicial ads

From the Washington Post: A new study by Emory Law Professors Joanna Shepherd and Michael Kang finds that the more ads aired during state supreme court campaigns, the more likely justices are to rule against criminal defendants--potentially from fear of appearing "soft on crime." The professors examined 3,000 state supreme court criminal appeals from 2008 to 2013. It's the latest in a string of findings that suggest increased campaign spending by pro-business groups may distort judicial rulings.

NYTimes features Shepherd, Kang study: How attack ads affect justices' votes

The New York Times featured Professors Joanna Shepherd and Michael Kang's just-released study, "Skewed Justice." The study had two major findings: (1) The more TV ads aired during state supreme court judicial elections in a state, the less likely justices are to vote in favor of criminal defendants, and (2), justices in states whose bans on corporate and union spending on elections were struck down by Citizens United were less likely to vote in favor of criminal defendants than they were before the decision.

Price quoted in Time on voluntary vs. court-ordered quarantine

Professor Polly Price was quoted in Time magazine in an article about the legalities of quarantine for those who may have been exposed to Ebola. "If healthcare workers resist signing the voluntary quarantine or defy its recommendations after agreeing to it, Emory University law professor Polly Price says that it's likely an official quarantine would be ordered. 'They could go and get a court order to formalize it, possibly even after the fact,' Price says. 'But they would likely seek a formal quarantine.'"

Holbrook receives Outstanding Service to the Stonewall Community Award

Emory Law Professor Timothy Holbrook received the Outstanding Service to the Stonewall Community Award. Holbrook has written many opinion pieces in national newspapers about same-sex marriage and wrote a friend-of-the-court brief on behalf of former NFL stars Chris Kluwe of the Minnesota Vikings and Brendan Ayanbadejo of the Baltimore Ravens urging the Supreme Court to sack California's Proposition 8.

Price in WSJ: How does U.S. administer quarantine during health emergencies? (subscription required)

The revelation that a second Texas health-care worker diagnosed with the Ebola virus flew from Dallas to Cleveland and back has raised a looming question: Why wasn't she quarantined before boarding a plane? The answer lies in a layered health-care system that relies on close coordination between state, local and federal authorities to be effective in stopping disease. Professor Polly Price says the federal government's quarantine power derives from a late 19th-century compromise between state and federal lawmakers. At the time it was understood the federal government would exercise its interstate quarantine authority only at the request of states.

Price, Emory attorneys discuss legalities of Ebola treatment, quarantine

A top lawyer at Emory University said Tuesday that even with a decade of planning, the school's health care system had to deal with unexpected issues--including legal matters--as its campus hospital began treating Americans who contracted the Ebola virus in West Africa. A panel discussion at Emory Law included Professor Polly Price, an expert in public health, and a lawyer who serves on the school's police force.

Reuters cites Velikonja in upcoming decision on victims of insider trading

The U.S. Securities and Exchange Commission on Thursday asked a judge for more time to decide whether money from a $602 million settlement with SAC Capital Advisors should go to investors claiming they are victims of SAC's insider trading scheme. Some say insider trading victims are nearly impossible to identify, and argue it is a victimless crime. But over the past decade the SEC has distributed $100 million in settlement money to people identified as victims in 15 insider trading cases, according to a study by Emory Law Assistant Professor Urska Velikonja.

Stateline cites Barton: Poor children diagnosed with ADHD much more often

Children covered by Medicaid, the joint federal-state health-care program for the poor, are at least 50 percent more likely to be diagnosed with ADHD. Georgia alone spends $28 million to $33 million annually on these treatments out of its $2.5 billion Medicaid budget, according to the Barton Child Law and Policy Center at Emory University.

Lindsay 88L named U.S. magistrate in Kentucky's Western District

A new U.S. magistrate judge has been named for the western district of Kentucky. A statement from Chief Judge Joseph H. McKinley Jr. says 51-year-old Colin H. Lindsay will assume the position on Jan. 1 after the retirement of Judge James D. Moyer.

Alexander: West Virginia is a leader in combatting blight

West Virginia is among a small group of states stepping up to take charge in the revitalization of its communities through reclaiming blighted, abandoned and dilapidated properties, a national expert said Wednesday. Emory Law Professor Frank Alexander, co-founder of the Center for Community Progress, spoke with community and business leaders from across West Virginia during the West Virginia BAD Buildings Summit on Wednesday at the Visual Arts Center in downtown Huntington. BAD stands for blighted, abandoned and dilapidated.

8th Annual BLSA Speaker Series: The realities of diversity in practice

"Diversity is important not because of the optics. Lots of places just want to look diverse. It is what people bring with them, not their skin color or sexual orientation," DeKalb County District Attorney Robert James Jr. said during the eighth annual Black Law Students Association speaker series, held at Emory Law. "It is their frame of reference and background. You are better as an institution if you are diverse. Diversity does not equal tokenism. It makes us greater."

Holbrook in the AJC: Supreme Court's surprising non-decision on same-sex marriage

On Monday, the Supreme Court did something no one expected: It refused to hear any of the cases striking down same-sex marriage bans. Most observers thought the court would either grant review or delay any action to see whether any lower appellate courts would find such bans constitutional. But it didn't wait and, by declining to hear the cases, allowed same-sex marriages to begin in Utah, Oklahoma, Wisconsin, Indiana and Virginia. In fact, wedding bells have already started to ring in Virginia.

Holbrook comments on continuing Apple, Android patent wars

Google Inc. and Apple Inc. will have to fight a proxy patent war on their home turf of northern California, thanks to a ruling issued by the U.S. Court of Appeals for the Federal Circuit on Thursday saying Google had presented "a classic case for a stay" in Texas proceedings. "It is clear that there was no need to proceed with the five Texas actions because the one California action may suffice," Circuit Judge Kathleen M. O'Malley writes. "I do think this is a conscious step to try to combat some of the abuses by patent assertion entities and short-circuit potential patent reform," Professor Tim Holbrook said.

Price in the Wall Street Journal: How law informs Ebola response

The aggressive response that health officials have mounted to the Ebola virus in Dallas is likely to prevent a wide-scale outbreak. But multiple snafus reveal some unexpected issues the U.S. would have to prepare for in the event of a larger-scale infectious disease threat, the Wall Street Journal reports. Quarantine is an important element of preventing its spread. "We don't have a lot of experience with quarantining well people," says Emory Law Professor Polly Price. "This is all fairly new for us. Imagine what it would be like if we had to do it on a really large scale."

LA Times op-ed cites Dudziak on U.S. decision to go to war, again

"For American purposes, war as a political tool has more and more demonstrated its inability to deliver," writes West Point Professor Gregory Daddis. "In truth, decisiveness in war has historically been elusive, especially in the decades following the end of World War II. If war provides meaning, why, as Emory Law Professor Mary Dudziak asks, does military engagement no longer require 'the support of the American people but instead their inattention?'"

Price on federal, state law governing Ebola, public health

Laws that authorities may use to prevent an Ebola outbreak in the United States are designed to work best for a disease with a much shorter incubation period, says Emory Law Professor Polly Price. In the U.S., an attorney is provided to someone who wishes to challenge their quarantine or isolation. But, Price said, "Whenever the judges have a public health person in their courtroom telling them there's a threat, they're not going to second guess." Price's public lecture, "Ebola in the U.S." will be held at Emory Law, Oct. 14 More info

CNN interviews Ahdieh on China's likely reaction to Hong Kong protests

Emory Law Vice Dean Robert Ahdieh was interviewed by CNN on how China will react to the ongoing pro-democracy protests in Hong Kong, and how the current situation differs from the 1989 student protests in Beijing's Tiananmen Square.

Op-ed on ridiculous NJ suits cites Shepherd study on consumer fraud

A few simple, common-sense amendments to the current Consumer Fraud Act would punish deceptive business practices while curbing nuisance litigation against honest businesses. A new white paper from Emory University Law School professor Joanna Shepherd, "The Expansion of New Jersey's Consumer Fraud Act: Causes and Consequences," details just how we got to the point where we are suing over sandwiches. It begins by explaining that the Garden State's law was initially modeled after the Federal Trade Commission Act of 1914.

Alexander's work on land bank aids Macon revitalization

The rebuilt Beall's Hill neighborhood has been held up as a success story in fighting blight and revitalizing a part of town that many had written off as unsalvageable. Frank Alexander, an Emory University law professor and co-founder of a nonprofit focused on blight solutions, was involved in the creation of the Macon-Bibb Land Bank. Land banks are a good way to address blight, but there is no one-size-fits-all approach, he says.


Holbrook for CNN: Marriage equality is not like abortion

The Supreme Court is set to decide whether to take the same-sex marriage cases on September 29, a mere 15 months since they overturned the Defense of Marriage Act as unconstitutional. That decision created a deluge of cases which have found that same-sex marriage bans are unconstitutional. The issues in marriage equality differ significantly from those in the abortion debate. With marriage, the answer is binary -- either same-sex couples can marry or they can't.

Holbrook quoted in WSJ on software patent protection

It's open season on software patents. That's the message federal courts have sent in recent weeks after a U.S. Supreme Court ruling in June that tackled the question of whether--and when--computer programs can qualify for intellectual-property protection. The trend represents a worst-case scenario for patent-licensing firms, which their detractors call "patent trolls."

Supreme Court case on dentist-only teeth whitening calls for antitrust law, Volokh says

The U.S. Supreme Court is set to hear arguments next month over dentists' ability to keep the business of teeth whitening to themselves. Is it reasonable for a government licensing agency to limit commercial teeth whitening to dentists as a matter of public health, or is it pure self-preservation on the part of dentists who sit on the licensing boards? "If antitrust law is justified anywhere, surely this is one of the most compelling cases," Emory Law Associate Professor Alexander Volokh tells the Daily Report. (Log-in required)

Freer's "The new reach of general jurisdiction" published in San Francisco Daily Journal

"For generations, based upon International Shoe (1945), no one doubted that general jurisdiction is appropriate when a corporation engages in 'continuous and systematic' activities in a given state," Richard Howell Hall Professor of Law Richard D. Freer writes in a Sept. 15 op-ed article for the San Francisco Daily Journal. "Things are different now. In Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) and Daimler AG v. Bauman (2014), the U.S. Supreme Court recast general jurisdiction. Now general jurisdiction is proper only where the defendant is 'at home.'" (Subscription required)

Blank speaks on international law at ICT 14th World Summit

Edan Landau discusses international law in a new urban war zone with Professor Laurie Blank and her frequent co-author Geoffrey Corn, professor of law and presidential research scholar at South Texas College of Law.

Blank discusses counterterrorism at panel led by Richemond-Barak

Daphne Richemond-Barak heads the International Law Desk of the International Institute for Counter-Terrorism (ICT). She led a panel titled, "New Battlefields/Old Laws: The Next Steps in Counterterrorism: Adapting to an Evolving Threat and an Expanding Battlefield," with guests Laurie Blank, Professor William C. Banks, Professor Jennifer Daskal, and Professor Nathan Sales.

Carnegie Council: Dudziak on civil liberties during wartime

Asa Griggs Candler Professor of Law Mary Dudziak discusses how wartime laws and policy often live beyond the present conflict, to have lasting effects upon civil liberties. Starting with World War I, she examines how overseas wars can deeply affect individual rights at home, in a Q & A with Carnegie Council Associate Editor for Ethics & International Affairs Zach Dorfman.

Velikonja cited in Economist: What happens after the big corporate settlement?

Professor Urska Velikonja's work is cited by The Economist, in an article that questions how the proceeds of large fines levied against corporations are administered. "The disarray stemmed from the lack of a coherent plan to compensate defrauded investors," the article reads. "In a forthcoming article in the Stanford Law Review Urska Velikonja, a professor at Emory University, argues that this reflects the failure to identify specific misconduct when setting up the deal."


Obama nominates Marti 99L to lead intellectual property enforcement

The White House announced Thursday that it is nominating a new Intellectual Property Enforcement Coordinator, known colloquially as the "IP czar." He is Washington lawyer Daniel H. Marti. The position coordinates U.S. law-enforcement strategy around copyright, patents and trademarks. The coordinator's duties, somewhat controversial from the start, include harmonizing the enforcement activities of several federal agencies under the White House's Joint Strategic Plan on Intellectual Property Enforcement.

Dudziak in Foreign Affairs: Ferguson from afar

As the turmoil in Ferguson, Missouri, unfolds, questions about the United States' commitment to human rights are once more headlining news coverage around the world. The uncomfortable international spotlight on such domestic problems should not be surprising. American racial inequality regularly dominated foreign news coverage during the 1950s and 1960s. Strong presidential leadership was needed to address earlier civil rights crises. It helped repair the damage to the American image, and undercut the argument that the United States was hypocritical in promoting human rights. Then, as now, protecting rights serves U.S. international relations.

Nash for The Hill: high-speed police pursuits and deadly force

What leeway do police have when using deadly force to end dangerous high-speed chases? Left with little to reconcile the seemingly conflicting analyses in Scott v. Harris and Plumhoff v. Rickard, law enforcement officials may find themselves at the mercy of lower courts that may be influenced more by what they see in after-the-fact on video recordings than by what they read in clear Supreme Court precedents.

Turner Environmental Law Clinic: City of Atlanta urban agricultural ordinance

In June 2014, the City of Atlanta approved an urban agricultural ordinance. Emory Law's Turner Environmental Law Clinic played a significant role in developing the ordinance.

Turner Clinic alum: Taxpayers in the dark and at risk from Vogtle nuclear loan guarantees

As a student with the Turner Environmental Law Clinic, Emory Law alum Whitney Rappole had the opportunity to join the Clinic in representing the Southern Alliance for Clean Energy (SACE) and investigating federal loan guarantees offered by the Department of Energy to Southern Company and its partners.

Guttman 85L in Forbes: can we trust corporations to self-investigate?

Where wrongful conduct actually results in increased revenue that rewards corporate officers and employees, is it plausible that an internal compliance mechanism can freely and fully investigate and right wrongful behavior? Do corporations really have an incentive to fully address wrongful conduct that generates significant revenue? These are important questions particularly at a time when civil and criminal penalties are merely part of the cost of doing business.

Brown for CNN: How Ferguson's citizens can take back power

Missouri Gov. Jay Nixon has appointed Capt. Ron Johnson of the Missouri State Highway Patrol, a black man, to take over the security on the ground in Ferguson. The President has issued a call for calm in the wake of a weekend police shooting that left teenager Michael Brown dead. Anyone in the black community who says voting is a waste of time because "they don't care about us" should take a good, hard look at Ferguson, Missouri. Almost 68% of its citizens are black and just under 30% are white. Five of six city council members are white, the mayor is white, the chief of police is white, and its police force has 50 whites and three blacks.

Davis 79L flies Ebola patient home for treatment at Emory

Randy Davis 79L was one of three captains who piloted a private plane from Liberia to return American aid worker Nancy Writebol to the U.S. to receive treatment for Ebola. Davis said that he was not nervous about his proximity to the contagious patient, and that he viewed it as an honor. "I think everybody everywhere would agree that you'd like to try to help people who are so selfless," Davis said to ABC News.

Nash for The Hill: Both recent Circuit Court opinions muddy Obamacare's future

Last week, two federal courts of appeals issued opinions on ObamaCare. Common wisdom sees the opinion of the DC Circuit--which was issued first--as a potential death knell for ObamaCare. The Fourth Circuit opinion issued a few hours later was received as having reached a conclusion favorable to ObamaCare, thus dividing the courts of appeals. The Fourth Circuit's conclusion that the statute is ambiguous means that the Obama administration's regulations stand. But it also means that another administration--perhaps one with a Republican president--could issue new regulations that restricted the tax credit to states with state-created exchanges.


Controlling prisoners' diseases worth the investment, Price tells Detroit News

The Michigan Department of Corrections 2015 budget, which totals roughly $2 billion, includes $4.4 million for sovaldi, a drug with a high success rate in treating the disease without the debilitating side effects associated with standard treatments."It would be better if we could treat everybody, but if you have the opportunity to try to control the disease, you should take it,"said Emory Law Professor Price, who specializes in public health."You don't want to create this inferno inside a prison when the population is going to be moving out into the public at some point."

Volokh Conspiracy praises Blank op-ed on Israel-Hamas conflict

The tendency to make judgments about the rights and wrongs of the current Israel-Hamas conflict on the basis of which side has had more civilians killed is hard to resist. There's a lot of talk about "disproportionate" killing or attacks. So I welcome a new measured, careful discussion by Emory Law School professor Laurie Blank, describing what proportionality means in the law of targeting (which is a major part of the law of armed conflict).

Blank discusses Gaza: Asymmetries and proportionalities

The conflict in Gaza is replete with asymmetries: the number of civilian casualties on either side, the amount of destruction, the types of weapons used and technological capabilities. But for both legal and practical reasons, conflating asymmetry and proportionality is both inaccurate and harmful to the law of war's core purposes. Asymmetrical does not mean disproportionate, nor does it mean criminal. They are simply wholly different concepts: one a factual game of numbers and one a comprehensive legal analysis.

Court on path toward "total deregulation" of campaign finance, Kang says

In April, the U.S. Supreme Court handed down a decision in a big campaign finance case, McCutcheon v. Federal Election Commission. The justices voted 5-4 to overturn certain limits on how much money Americans can give to candidates and committees. There was concern that the decision would open the floodgates, allowing more Americans to give more money. But so far, it seems the decision has only affected a small group.

Contributions influence how judges rule, Shepherd says

When it comes to judicial decision-making, says Emory Law Professor Joanna Shepherd, money matters. The Daily Report covered Shepherd's recent talk at the local chapter of the American Constitution Society. Her research indicates that a justice who receives more than half of his or her contributions from business groups sides with business interests about two-thirds of the time in deciding cases. (registration/subscription required)

Georgia's new, progressive juvenile code appears to working, Carter says

The state's new laws on juvenile justice took effect Jan. 1, 2014. Focus has shifted to use the state's secure facilities on higher-risk, serious offenders and reducing recidivism by strengthening evidence-based community supervision and programs. Six months into implementation, the reforms seem to be living up to their promise. Georgia's Department of Juvenile Justice reports a reduction in their detention census, which state leaders attribute to the reforms.

Price on Nevada Public Radio: U.S. needs to rethink tuberculosis treatment

Professor Polly Price argues that we need rethink the way we leave detection and treatment of tuberculosis to thousands of small local health authorities across the country. The problem cannot be handled by local government authorities when it is brought in by foreign travelers and spread across the country. Tuberculosis is increasingly prevalent in America's prisons, which are also unequal to the task of fighting the disease.

Holbrook for CNN: No cure needed for sexual orientation

LGBT legal rights should not be contingent on biology or immutability. And, contrary to Texas Gov. Rick Perry's insinuation, sexual orientation is not like a disease. It is like eye color or left-handedness -- a natural and healthy variation within the population.

McCoyd discusses rules of evidence in state ethics case on WABE

Holly LaBerge, head of Georgia's ethics commission, said in a memo that the governor's chief counsel and chief of staff threatened her and her agency, if she did not resolve a 2012 ethics complaint involving the governor's 2010 campaign. The memo became an issue in a later wrongful termination lawsuit. Emory Law Adjunct Professor Matthew McCoyd discussed the rules governing such documents with WABE's Denis O'Hayer.

Brown for CNN: why Holder's remarks made whites angry

On ABC's "This Week" on Sunday, U.S. Attorney General Eric Holder, who happens to be black, suggested that opposition to him and President Barack Obama in part is due to racial animus. For that, he has been vilified. If anything, this points out the need for white America to hear more voices from people of color. But if you look at Holder's actual words, there really isn't anything surprising, or especially bold, in what he said.

Blank: Getting the law right on the Israel-Hamas conflict

International law has quite a lot to say about the latest violence that has flared up between Israel and Hamas. So do the media. Unfortunately, they rarely match, leading to unfortunate -- and sometimes egregious -- misrepresentations. In an age when both real and perceived violations of international law have a substantial effect on the legitimacy of state action, getting it wrong is way more than just bad journalism.

Fragmented U.S. health care unprepared for rising tuberculosis, Price says

Responsibility for tuberculosis control is divided among 2,684 state, local and tribal health departments. That infrastructure is politically and legally fragmented, underfunded and disproportionately strained in many poor communities.

Alexander on NPR: Land banks aid city revenues, property values

Frank Alexander has spent the last two decades helping cities and states set up land banks. He says American laws and culture tolerate abandonment, but for cities it means lost tax revenue and a drag on property values. "What we are saying when we create land banks is that vacant and abandoned properties are a form of litter. And it's simply time to change the laws to stop littering."

Goldfeder: why Hobby Lobby won't further shrink health coverage

Since 1993, the Religious Freedom Restoration Act requires that federal laws accommodate individuals' religious beliefs. Hobby Lobby is the first to pass the test. In the Supreme Court ruling of Burwell v. Hobby on Monday, the fact that it is being called narrow has little to do with the fact that it applies only to closely held corporations.

Do faith-based prisons work?

Faith-based prisons continue to be promoted as promising avenues for reform, chiefly on the grounds that they improve prison discipline and reduce recidivism. Unfortunately ¿ even if we ignore the constitutional issues ¿ most of the empirical studies of the effectiveness of faith-based prisons have serious methodological problems and, to the extent they find any positive effect of faith-based prisons, can¿t be taken at face value.

Atlanta's urban farming law could serve as model, Goldstein says

The Atlanta City Council's vote last month to encourage and support more urban agriculture is set to make the city a national leader in local food systems. "Atlanta should be proud of itself," says Mindy Goldstein, director of the Turner Environmental Law Clinic. "The city's urban agriculture ordinance is one of the most streamlined and permissive in the country. This ordinance will support our residents, our farmers, and our small businesses."


Goldfeder in Forbes: How Hobby Lobby will affect business

Monday, the Supreme Court will release their decision in Sebelius v. Hobby Lobby, perhaps the most anticipated ruling of the season. The Justices will consider whether a for-profit corporation can refuse to provide certain contraceptive services in health plans offered to employees, if doing so violate the owners' particular Christian beliefs.

Same-sex marriage could be legal nationwide next year, Perry says

The U.S. Supreme Court will likely issue a ruling next year requiring all states to allow same-sex couples to marry, an Emory constitutional law expert predicts. Michael Perry, Robert W. Woodruff Professor of Law and a senior fellow at Emory's Center for the Study of Law and Religion, cited today's ruling by the U.S. Court of Appeals for the 10th Circuit striking down Utah's ban on same-sex marriage.

Brown in NYTimes: College presidents overwhelmingly white, male

As the higher education landscape has dramatically shifted, the demographic profile of a college president has not. The American Council on Education shows that the profile of the typical college president has not changed over the last 25 years. Another study published this month shows that for the academic year 2012-13, 71 percent of presidents were white and male.

Nader cites Shepherd-Bailey study in calling for GMO food labeling

Across the country, consumers are demanding the right to know what is in their food, and labeling of genetically engineered food. The scare tactic raised by the food industry that labeling would increase prices has been debunked in an study by Joanna Shepherd Bailey, a professor at Emory University School of Law.

Holbrook comments in Fortune on Redskins trademark cancellation

On Wednesday, the United States Patent and Trademark Office cancelled six federal trademarks that were registered to the professional American football team Washington Redskins--another strike against team owner Dan Snyder, who has refused to change the team's name.

Nash calls for regulatory transparency from the EPA

By eschewing direct regulation of the co-pollutants under the Clean Air Act, the EPA leaves itself open to the charge that it is playing politics rather than engaging in reasoned decision-making.

Goldfeder for CNN on limits, liability of artificial intelligence

For the first time, a computer program passed the Turing Test for artificial intelligence. A computer on Saturday was able to trick one third of a team of researchers convened by the University of Reading into believing it was human -- in this case a 13-year old boy named Eugene.

Turner Clinic aids passage of Atlanta's Urban Agriculture Ordinance

Earlier this week, the Atlanta City Council passed the urban ag zoning ordinance. The ordinance allows Atlantans to grow their own foods, which can be sold at places like farmer's markets and local restaurants." There are numerous folks who just don't have access to fresh, local produce, fresh foods and are getting most of their nutrition from convenience stores," says Mindy Goldstein, the director of the Turner Environmental Law Clinic.

Buzbee: EPA greenhouse emission reduction proposal has "strong legal basis"

On June 2, 2014, the United States Environmental Protection Agency issued its much awaited and debated proposed Clean Air Act Section 111(d) regulations to reduce greenhouse gas (GHG) emissions from existing electric utility generating units, colloquially referred to as power plants.


Nash on cooperative federalism and the Clean Air Act

Some regulatory regimes are "cooperative federalism" regimes, under which the federal and state governments work together to achieve federal regulatory goals. Cooperative federalism regimes offer two substantial benefits: They improve federal-state relations by empowering states to act under federal law, and they allow society to reap the benefit of state innovation instead of having one federal law preempt the field.

Blank for the Hill, Law of Armed Conflict does not require transparency

Transparency is the new buzzword in counterterrorism. Two U.N. special rapporteurs and numerous human rights groups, among others, now regularly call for transparency about drone strikes and other counterterrorism operations. These demands for transparency focus on who is being targeted, who else (namely civilians) is being killed, which governmental agency is launching the strikes, and under what legal rationale such strikes are authorized and carried out. In other words, the transparency debate is about law, not about battle plans, military readiness or other operations questions, but about law and legal analysis.

An-Na'im asserts, "It's time for American Muslims to tell their stories."

Emory Law professor Abdullahi An-Na'im's latest book, What Is an American Muslim? Embracing Faith and Citizenship (Oxford University Press, 2014), asserts that "American Muslims should engage in the civil and political life of the country as citizens informed by their faith, rather than as a community separated by religion."

Atlanta Business Chronicle: TI:GER team plans to market class project

The students behind LymphaTech met through Georgia Tech's Technological Innovation: Generating Economic Results (TI:GER) program, a program in collaboration with Emory that aims to create future business opportunities by fostering relationships between the law and technology.

Holbrook in the AJC, no basis for Georgia same-sex marriage ban

Georgia has become the next battleground in the marriage equality war. Recently, Lambda Legal challenged Georgia's constitutional ban on same-sex marriage in federal court, arguing that the ban violates the U.S. Constitution. So far, the courts that have considered this issue have unanimously concluded that such bans are unconstitutional.

Brown on The Craig Fahle Show: home ownership keeps blacks poorer

Home ownership has been an important vehicle in creating a solid white middle class, but it has not done the same for most black homeowners. Dorothy Brown, Professor of Law at Emory University Law School spoke to Craig Fahle about how research shows that homes in majority black neighborhoods do not appreciate as much as homes in overwhelmingly white neighborhoods.


The SEC Record of Small and Big Bucks

Professor Urska Velikonja looked at the SEC because it is the only financial watchdog that can return to injured investors not just ill-gotten gains but also the amounts collected through fines. Banking regulators, for example, give their fines to U.S. Treasury.

American Muslims should move beyond minority politics, says An-Na'im

How do Muslims see and talk about their lives as American citizens? In research for the book, An-Na'im reached out to almost 500 different centers, organizations and individuals. He asked questions covering both negative and positive aspects of living and practicing Islam in the United States, and received feedback on a wide variety of topics, from stereotyping and prejudice, to freedom in practicing their faith.

Has America made progress on Fair Housing?

The market penalizes those living in a neighborhood with more than 10 percent of African Americans and desegregation has been a slow process, according to Dorothy Brown.

Volokh files amicus cert in DOT v. Association of American Railroads

I've just filed an amicus cert petition in DOT v. Ass'n of American Railroads, a recent D.C. Circuit case (opinion by Justice Janice Rogers Brown) striking down a delegation of regulatory authority to Amtrak on private non-delegation doctrine grounds.


Proposed EPA rule would further protect wetlands, Buzbee tells LA Times

The Obama administration proposed a long-awaited rule on Tuesday to clarify that the Clean Water Act protects wetlands near rivers and waterways fed by seasonal thaws and rains ¿ a decision that could particularly shield water sources in the West.

Renowned Christian scholars to speak at Emory Law

Several world-renowned scholars on law and religion will speak on aspects of "Christianity and Human Rights" at the inaugural event in a five-year spring lecture series Wednesday, March 26 at Emory University School of Law.

Pending bill would increase transparency in child death investigations, Carter says

There are five bills relating to child welfare, as well as the budget, that have yet to make it to the Governor's desk and only three more days for lawmakers to vote and get them there.

Brown at CNN on Paula Deen and her alternate universe

The celebrity chef and TV host, whose food empire tumbled over, among other things, her use of a racial epithet, has found $75 million in backing from a private-equity company and is trying to make a comeback. She's also opening a restaurant in Pigeon Forge, Tennessee.

Time for clarity in software patents, Holbrook writes in Forbes

Anyone with an iPhone loves how easy it is to use one. Zooming into their pictures by using their fingers, or tapping the screen twice to zoom in on a picture or page. At present, these tools are protected by patents. But things could change dramatically.

Cleaver says Stokely Carmichael was brilliant, captivating, committed

With "Stokely: A Life," the historian Peniel E. Joseph says he set out to "recover" Stokely Carmichael, the man who popularized the phrase "black power" and led the Student Nonviolent Coordinating Committee,


Dean Schapiro on how recent federal rulings affect Georgia gay marriage ban

In the last two weeks of February, 2014, Federal district judges threw out constitutional bans on gay marriage in two states: Virginia and Texas. Dean Schapiro spoke on whether the rulings in Virginia and Texas have any implications for Georgia.

Holbrook in WSJ on effect of Arizona religious freedom bill veto

Timothy Holbrook joins the the WSJ News Hub to discuss Arizona Gov. Jan Brewer's veto of a controversial service-refusal bill and the impact on other states as well as marriage-equality laws.

Holbrook for CNN, not all patent trolls are demons

The White House called on Congress to pass legislation to combat patent trolls, known less pejoratively as "patent assertion entities." Critics suggest that trolls create a drag on innovation by diverting resources to litigation.

Emory Law ranked among top schools for practical training

The National Jurist has unveiled its first honor roll of law schools that deliver practical training. The magazine will honor 60 schools in the March issue of The National Jurist and the Spring issue of preLaw magazine.

National Jurist ranks Emory among top 25 schools for public interest law

The National Jurist has announced 25 law schools that stand above and beyond the rest when it comes to public interest law.

Emory Law, and a 50-year pursuit of diversity in legal education

In 1962, Emory won the legal right to integrate through a landmark Georgia Supreme Court decision. The School of Law is proud of the legacy the case carries, and diversity among law classes is a priority. But the concept of diversity is much broader than in the past.

Volokh, can we fix public pensions California rule

This is the fourth post in a series on the ¿California rule¿ and constitutional protection of public-sector employee pensions, based on the White Paper I¿ve written for the Federalist Society.

Carter on foster care privatization, not necessarily right for our children

Most of Georgia's child welfare system would be dismantled and turned over to private companies under a new bill introduced this week by Senate lawmakers.

Volunteer Clinic for Veterans featured in Georgia Bar Journal

In his second Inaugural Address, Abraham Lincoln recognized that our nation should "care for him [and her] who shall have borne the battle and for his widow and orphan." The needs of our veterans are significant today. There are more than 750,000 veterans in Georgia and more than 200,000 of this total live in the Atlanta Metropolitan Area.


Voting Rights Act changes affect local voting, Kang tells NPR

It's been almost eight months since the Supreme Court effectively stuck down Section 5 of the Voting Rights Act. That section required places with a history of discrimination to get their local voting laws cleared by the federal government.

Brown in New York Times: The only path for elderly citizens

President Obama put cutting Social Security benefits on the table as a means to reach a deal with Republicans on Capitol Hill. That is a very bad idea. To try to balance the budget off of the backs of our elderly would be taking us in the wrong direction. A better idea would be to repeal the wage cap, which would lessen the regressive nature of the current system.

Kang in the AJC, new cities ignite debate over race

Advocates urging the Legislature to allow new cities in DeKalb County point to the success of those recently created in bringing government closer to the people and lowering taxes.

States with "sore loser" laws more likely to be polarized

Michael S. Kang found that in states with sore-loser laws, congressional candidates were more ideologically distant from one another, that is, more polarized than in states without them.

Olens 83L says sex trafficking of minors is not a rarity in Georgia

The sex trafficking of minors placed Georgia in the national spotlight after a FBI lists of cities with a high incidence of the crime included Atlanta. WABE's Rose Scott profiles Georgia¿s current attorney general Sam Olens.

Fineman, Feminism and Legal Theory Project mark 30 years

For more than 30 years, the Feminism and Legal Theory (FLT) Project has fostered interdisciplinary examinations of the ways in which the interaction of law and culture shapes expectations, policies and practices related to gender.

Alexander tells NYTimes bargain realty deals carry a few caveats

Duffy Realty of Atlanta, one of a growing number of real estate agencies tries new pricing strategies, an upfront listing fee of $500 and one third of 1 percent when a house sells. Duffy said the agency¿s 2013 revenue was $5.3 million.

Holbrook tells WSJ gay marriage cases put 10th Circuit in limelight

A sleepy court is about to get its turn in the limelight. The 10th U.S. Circuit Court of Appels in Denver, one of the nation's 13th federal appeals courts, doesn't have firebrand judges and isn't routinely reversed by the U.S. Supreme Court.

Carter says speed of foster care fix troubling

A plan to put private organizations in charge of Georgia¿s approximately 7,000 foster children is moving too fast for some child advocates who want more study before overhauling the system.

Law school alums take it to the extreme (sports that is)

The changing job market has inspired some Emory Law alumni to leverage their law school education, their personal interests and their entrepreneurial spirit into nontraditional careers.

Holbrook assesses federal appeals court appointees

With six appointees to the U.S. Court of Appeals for the Federal Circuit, President Barack Obama has reshaped what some patent lawyers consider the most important court in the world. The six additions are comparable to four new justices joining the U.S. Supreme Court or more than a dozen being added to the Ninth Circuit.

Vandall says malpractice reform could backfire

There have been quiet visits to doctors' offices, expensive pitches sent to voters' doorsteps and big money pouring in from all sides, all over a proposal that's likely a longshot to win legislative approval this year.

Holbrook tells WSJ new legislation not needed to solve patent problems

Few areas in the law have garnered more attention in recent years than that relating to patents. What will 2014 bring? Lots more news, in all likelihood.

Student loan creditors use bulldog tactics, Pardo says in New York Times

Before she became ill, Ms. Jorgensen took out $43,000 in student loans. As her payments piled up along with medical bills, she took the unusual step of filing for bankruptcy, requiring legal proof of undue hardship.