Emory Law News Center

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

UN gives Khartoum another free pass, An-Na'im says

UN gives Khartoum another free pass, An-Na'im says

The Khartoum government is likely to escape further censure and scrutiny at the United Nations Human Rights Council in Geneva this week after its officials met secretly with the United States' delegation, says a story in Africa Confidential. "The only consistency in the work of the UN Human Rights Council is its unfailing capacity to disappoint the lowest of expectations," said Charles Howard Candler Professor of Law Abdullahi An-Na'im, alluding to an increasing number of alleged human rights abuses by the National Congress Party government.

Few patent cases expected in 2015-2016 Supreme Court term, Holbrook says

Few patent cases expected in 2015-2016 Supreme Court term, Holbrook says

When it comes to patent law, it's all quiet on the U.S. Supreme Court front, Scott Graham writes in law.com. So far there's not a single patent case--or trademark or copyright, for that matter--on its 2015-16 docket. Some patent law experts believe the court is taking a break from patent law after a period of exceptional activity, including a record six decisions in 2013-14. "I don't think we'll see six" this term, said Emory Law Professor Timothy Holbrook. "I wouldn't be surprised if we saw none."

SEC enforcement data misleading, Velikonja tells Bloomberg

SEC enforcement data misleading, Velikonja tells Bloomberg

It's an open secret that the Securities and Exchange Commission rolls out a high number of enforcement actions in September, the last month of its fiscal year, to try to beat the previous year's tally, says a Sept. 24 Bloomberg Business story. But the SEC's drive could be more than harmless padding. It a misleading impression of the agency's effectiveness in policing financial markets, according to Emory Law Associate Professor Urska Velikonja, who examined more than a decade of the regulator's enforcement statistics for a forthcoming law journal article."These statistics often show up in the press and in Congress," Velikonja said. "They ought to be accurate."

Alexander: How Kansas City is dealing with 'ugly duckling' properties

Alexander: How Kansas City is dealing with 'ugly duckling' properties

As Kansas City copes with thousands of abandoned, eyesore properties in the aftermath of the Great Recession, it's looking beyond trying to fill them with new houses and residents, according to a story in the Kansas City Star. The city is following what has worked in some other cities, says Sam Nunn Professor of Law Frank Alexander, an expert on land banks. He notes the adopt-a-lot program is one of the fastest ways to get vacant parcels to residents who care about them and will do the maintenance.

Holbrook skeptical on appeal to allow jury trial when patents are canceled

Holbrook skeptical on appeal to allow jury trial when patents are canceled

The Patent Trial and Appeal Board will run a gauntlet of appellate challenges over the next month to its fundamental structure and even its very existence, Scott Graham writes in the Recorder. Stakes are high as a San Jose attorney brings a constitutional challenge to inter partes review to the Federal Circuit. He argues that actions to cancel validly issued patents must be conducted in Article III courts, with access to a jury. Professor Timothy Holbrook said he would be stunned if the Federal Circuit accepted that argument. The court doesn't recognize a Seventh Amendment right for decisions on patent validity, he said. A declaratory judgment action on validity doesn't trigger a jury trial right, for example, if a patent holder is seeking an injunction.

Cleaver: Black Lives Matter is exhilarating, exciting

Cleaver: Black Lives Matter is exhilarating, exciting

Kathleen N. Cleaver, Emory Law senior lecturer, reflects on the past and present civil rights movements for African Americans.

Civil discourse in the 2016 presidential campaign

Civil discourse in the 2016 presidential campaign

Andrew H. Jones 14L says "manners were once, but are no longer, viewed as a social asset" in his exposition of civil discourse in the current political climate.

Ahdieh: New LLM program addresses intersection of law, human rights, development

Ahdieh: New LLM program addresses intersection of law, human rights, development

Emory Law is launching a master of laws (LLM) specialization in law and development starting this spring, the Emory Wheel reports. "Students will have the opportunity to study the intersections of economic development and corruption, the courts and human rights," said Vice Dean Robert Ahdieh. The new program was launched in collaboration with the Law and Development Institute (LDI), and will address the increasing global demand for lawyers who understand development issues, particularly economic development.

Trump's pledge to Republican Party questionable, Kang tells LA Times

Trump's pledge to Republican Party questionable, Kang tells LA Times

Presidential candidate Donald Trump promised to forgo an independent bid for the White House if he loses his quest for the Republican nomination. But the enforceability of that pledge is an open question, Professor Michael Kang tells the Los Angeles Times. He called the pledge "an attempt to replicate the effect" of so-called sore-loser laws, which stipulate that a registered primary candidate cannot switch parties or become an independent to run in a general election, though states rarely apply them to presidential candidates.