Emory Law News Center

February 2015 In the News Archive | Emory University School of Law

Affordable Care Act case highlights era of strict statutory construction, Schapiro says

Affordable Care Act case highlights era of strict statutory construction, Schapiro says

When the Supreme Court hears arguments next week on the validity of insurance premium subsidies connected to the Affordable Care Act, the Justices will be parsing words closely, in a decision that could affect millions of Americans' access to healthcare. Before 1980 or so, says Emory Law Dean Robert Schapiro, the courts would have considered the overarching purpose of the law--affordable healthcare for everyone. The focus now is on four crucial words within the act: "established by the state."

Holbrook receives Pride Award: Chestnut LGBT Person of the Year

Holbrook receives Pride Award: Chestnut LGBT Person of the Year

Associate Dean and Professor Timothy Holbrook will be honored March 3 at Emory University's 23rd Annual Pride Awards, as the Chestnut LGBT Person of the Year. It is named for Saralyn Chesnut, who started the Pride awards in 1993. Established by the President's Commission on Sexuality, Gender Diversity, and Queer Equality in 2007, the Chestnut Award recognizes service, extraordinary contributions and leadership that advance equity and awareness of the LGBT community.

Alexander Volokh

Volokh: Supreme Court agrees with the FTC, finds N.C. Board violated antitrust law

In the antitrust case, N.C. Board of Dental Examiners v. FTC, the Board aggressively went after non-dentist teeth whiteners, sending them numerous cease-and-desist letters claiming that they were engaged in the unauthorized practice of dentistry, Associate Professor Alexander Volokh writes in the Washington Post for the Volokh Conspiracy. "Does this violate antitrust law? The Federal Trade Commission, which is one of the agencies that enforces federal antitrust law, said yes." The U.S. Supreme Court agreed 6-3.

Emory Law alumni lead new pro bono program to aid inventors seeking patents

Emory Law alumni lead new pro bono program to aid inventors seeking patents

A new initiative to connect low-income inventors with pro bono patent lawyers kicked off last week. For those who cannot afford to hire a lawyer, the Georgia PATENTS program screens and refers Georgia inventors to patent lawyers in the appropriate discipline. "The biggest cost is the attorney fees, not the patent application,""said W. Grant Corboy of the Patent Office. Low-income inventors can apply for a 75 percent application fee discount, he added.

Documentary tells parallel history of Black Panther Party

Documentary tells parallel history of Black Panther Party

In his latest work, The Black Panthers: Vanguard of the Revolution, Director Stanley Nelson doesn't rewrite history so much as he reveals a parallel story of a Black Panther Party that was more complex--and well-intended--than was portrayed during the group's tumultuous history. Among others, it gives voice to Emory Law Professor Kathleen Cleaver, the influential wife of Eldridge Cleaver, the Panthers' minister of information.

SEC commissioner cites Velikonja's work in speech on disqualification waivers

SEC commissioner cites Velikonja's work in speech on disqualification waivers

In a Feb. 13 speech at the 37th Annual Conference on Securities Regulation and Business Law, SEC Commissioner Daniel Gallagher cited Emory Law Associate Professor Urska Velikonja's research on disqualification waivers. He said Velikonja's paper, "Waiving Disqualification: When Do Securities Law Violators Receive a Reprieve?" will be "very important for this debate."

Holbrook in WSJ: What the Alabama decision means for same-sex marriage

Holbrook in WSJ: What the Alabama decision means for same-sex marriage

The U.S. Supreme Court cleared the way Monday for gay couples in Alabama to wed, making it the 37th state where same-sex marriages are legal and offering the latest signal the court appears headed toward overturning bans nationwide. "I think there are at least five, possibly six, justices" who will rule in favor of gay marriage, said Emory Law Professor Timothy Holbrook. "The order today doesn't do anything to convince me otherwise."

Velikonja in Law360 on SEC waiver exception for Oppenheimer & Co.

Velikonja in Law360 on SEC waiver exception for Oppenheimer & Co.

The public outcry of two U.S. Securities and Exchange Commission members over a decision to give Oppenheimer & Co. a pass on being deemed a "bad actor" after it admitted to breaking securities laws has again stirred the debate over whether the agency needs to get tougher on recidivist firms. In its letter seeking relief, Oppenheimer laid out a detailed analysis of why there exists good cause for the firm to not be barred from Rule 506 offerings. "That is a direct consequence of [the SEC's two Democratic commissioners, Luis Aguilar and Kara Stein] being a little bit difficult when it come to waivers," said Emory Law Assistant Professor Urska Velikonja.

Shepherd in WSJ: Combatting special interest money in judicial elections

Shepherd in WSJ: Combatting special interest money in judicial elections

Emory Law Professor Joanna Shepherd said West Virginia's move fits a gradual pattern as states shift away from partisan elections, even as campaign spending rises and races become more politicized each year. She believes the West Virginia measure would have limited effects on influence. "It would minimize the influence of political parties in these elections, but it will not do anything to remedy the special interest money," she said.

Price quoted in "Emory after Ebola: Teachable moments"

Price quoted in "Emory after Ebola: Teachable moments"

As Emory experts continued to treat Ebola patients throughout the fall semester, they also consulted and shared protocols with health care providers around the world. Meanwhile, Ebola inspired a "teachable moment" in classes ranging from biology to business and epidemiology to ethics. Polly Price, professor in the School of Law, included Ebola in classes she taught on immigration law and an introductory course on legislation and regulation.