Emory Law News Center

March 2016 In the News Archive | Emory University School of Law

How would Trump handle a terrorist attack? Poorly, Dudziak tells Politico

How would Trump handle a terrorist attack? Poorly, Dudziak tells Politico

Politico asked historians and foreign policy experts to project how candidate Donald Trump would handle a 9/11-type attack as president. "In light of Donald Trump's tendency to react to problems by blaming minority groups, including Muslims, and promoting torture, we might expect more of the same, perhaps at a greater volume, than we've seen so far," Asa Griggs Candler Professor of Law Mary Dudziak said. "That would serve Trump and the nation poorly. The way the United States treats minority groups has had an impact on U.S. foreign relations in the past, and would be a problem in a Trump presidency."

Mark Goldfeder

Goldfeder: Why Supreme Court requested briefs in birth control case

Emory Law Senior Lecturer Mark Goldfeder commented on this week's news concerning Zubik v. Burwell. "The court is asking for the parties to help craft a process by which the affected employees can get their contraception easily covered, in a way that does not violate their employer's religious beliefs," he said. "The way this case has often been portrayed in the media, it has been about a clash between religious liberty and reproductive rights," he adds. "As became clear in the arguments today, that is a false dichotomy, and a false narrative."

States' Article V effort to bypass Congress unlikely, Schapiro tells Fox

States' Article V effort to bypass Congress unlikely, Schapiro tells Fox

What if a supermajority of states could override a federal law or Supreme Court ruling? Article V of the Constitution allows a minimum of two-thirds of the states to call for a convention to propose amendments and go around Congress. But it's never happened, and is unlikely to, Emory Law Dean Robert Schapiro told Fox News. "Given the divided times which we face, and given the broad brush of these amendments, I think it's unlikely to garner the kind of support that would be necessary actually to reach that two-thirds benchmark."

Frank J.  Vandall

Vandall: Top 10 reasons why Gov. Deal should veto 'Campus Carry'

"Nathan Deal is considering vetoing House Bill 859, the 'campus carry' bill, because of its impact on mothers and children in college day care centers and high school children who attend college classes," Emory Law Professor Frank Vandall writes for the Daily Report. "There are 10 other reasons he should."

Timothy R. Holbrook

Holbrook for CNN: Gov. Deal should veto anti-LGBT law

The Georgia General Assembly just passed a religious freedom bill which resembles the one Indiana passed last year. "That bill has cost Indiana at least $60 million in tourist revenue," Emory Law Professor Timothy Holbrook writes for CNN. But Georgia's bill is worse, and there's still time for the governor to veto it. "The bill, if signed into law, could have significant economic consequences for Atlanta," he says.

Laurie R. Blank

Blank for CNN: Declaring ISIS guilty of genocide triggers obligation to act

Under U.S. law, a designation of genocide opens the door to prosecuting any person alleged to be responsible for this heinous international law violation "even if the location, defendant and victims had no connection to the U.S.," Laurie Blank, director of the International Humanitarian Law Clinic writes for CNN. Unlike a congressional resolution, Thursday's statement by Secretary of State John Kerry that ISIS has committed genocide triggers an obligation "to take measures to prevent and punish the crime."

Religious exemptions bill discriminatory, Volokh tells WABE

Religious exemptions bill discriminatory, Volokh tells WABE

Georgia Gov. Nathan Deal says he aims for middle ground on pending religious exemptions legislation. "It is important that we protect fundamental religious beliefs," Deal said. "But we don't have to discriminate against other people in order to do that. And that's the compromise that I'm looking for." Emory Law Assistant Professor Alexander Volokh reviewed the bill and said, "If your goal is to not sign anything that allows for discrimination, you have to veto this bill. At the very least, it allows faith-based organizations to refuse to serve whoever they want for religious reasons."

Morgan Cloud

Cloud, Shepherd in the WSJ: See you in court, Donald

"It is widely known that Donald Trump is being sued, including in class-actions--by thousands of people who charge that he defrauded them of millions of dollars," Emory Law Professors Morgan Cloud and George Shepherd write in a co-authored opinion article for the Wall Street Journal. "But there seems to be public confusion about how these lawsuits might affect the presidential campaign. Despite what Mr. Trump says, it appears likely that he will be called to the witness stand before the November election."

Dorothy A.  Brown

Brown in Forbes: Follow the money, top law school will close

"What would a top law school have to do in order to entice university administrators to decide to shut it down?" Professor and Vice Provost Dorothy Brown asks in a Forbes opinion article. "Primarily, the law school would have to be hemorrhaging a lot of money over a sustained period of time with no end in sight," she says. "In two to four years, a university administration will shut down a top law school and we may never see it coming."

Shepherd to testify on Chevron before House subcommittee

Shepherd to testify on Chevron before House subcommittee

Emory Law Professor George Shepherd has been invited to testify before a House of Representatives subcommittee, on the issue of how the U.S. Supreme Court's ruling in Chevron U.S.A., Inc. v. Natural Resources Defense Council affects the leeway agencies have to interpret laws passed by Congress since. "Since the Supreme Court's ruling in Chevron, there has been increasing confusion in the courts, Congress, the legal bar, and legal academia on the issues of whether, when and how courts should defer to federal agencies' interpretations of the statutes they administer," according to a committee release. The hearing is before the House Judiciary Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Visit https://judiciary.house.gov/ for a live webcast of the hearing at 1:30 p.m. March 15.

Van der Vyver lectures in Pretoria on freedom fighters vs. terrorists

Van der Vyver lectures in Pretoria on freedom fighters vs. terrorists

Emory Law's I. T. Cohen Professor of International Law and Human Rights Johan Van der Vyver delivered a lecture on the Islamic State crisis and the rise of international humanitarian law. Speaking at the University of Pretoria's law department, he explained how the laws around terrorism changed after the Sept. 11, 2001, attacks in the United States.

Mark Goldfeder

Goldfeder for CNN: Your grandchildren won't drive their cars, a computer will

"Human drivers will soon be one of those things--like the rotary phone or the typewriter--that you will have to tell your grandkids about," Emory Law Senior Lecturer Mark Goldfeder writes in a CNN op-ed. That might not be a bad thing: 33,000 Americans die annually in automobile accidents, 93 percent of which are caused by human error. Goldfeder examines the rise of Google's driverless cars and how they may affect the present legal standard of a "reasonable driver."

Guns don't belong on Georgia campuses, Vandall tells senate committee

Guns don't belong on Georgia campuses, Vandall tells senate committee

Gov. Nathan Deal says a campus carry gun bill may be softened in the next few days to accommodate concerns by the Board of Regents. Campus Carry overwhelmingly passed the House last week despite concerns from parents and educators. Emory Law Professor Frank Vandall spoke during a state Senate Judiciary Committee hearing on the matter. "Immature people should not have guns," he said.