Emory Law News Center

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

Fred Smith Jr.

Sovereign immunity may not apply in abortion law appeal, Smith tells WABE

The ACLU is challenging a ruling that shaved four weeks from Georgia's standards concerning abortion--from 24 to 20. The organization says it did not receive proper notice of an Oct. 30 decision in time to appeal. Sovereign immunity has protected the state from litigation previously, but may not this time, said Emory Law Visiting Professor Fred Smith Jr. A phrase in Georgia's constitution may prevent the principle from being applied in cases where a law's constitutionality is being questioned, he tells WABE.

Martha Albertson Fineman

Fineman talks with Eurozine on feminism, families, vulnerability

In a wide-ranging interview with Mirjam Katzin, Robert W. Woodruff Professor of Law Martha Albertson Fineman discusses her decades of work in feminist legal theory and her examination of society, families, the myth of autonomy and how vulnerability affects us all.

Charles A. Shanor

Georgia law doesn't protect gay employees, Shanor says

Ira Pittman, a 62-year-old choir director, says he was given the choice to either retire or be fired after church members at Mt. Bethel United Methodist Church discovered he was gay. Pittman had worked there for more than 20 years, according to a WABE story. The church decision isn't illegal, says Emory Law Professor Charles Shanor. "Georgia has no law which bars discrimination by private employers," he said. Shanor is former general counsel for the Equal Employment Opportunity Commission. Pittman has filed a complaint with the federal agency.

Pardo in WSJ: ReInterpreting 'undue' hardship may provide student loan relief

Pardo in WSJ: ReInterpreting 'undue' hardship may provide student loan relief

Student loan borrowers who want to discharge loans need to convince a bankruptcy judge that repaying the loans would cause them to face "undue hardship." Judges can interpret "undue" to mean either "excessive" or "unjust." Interpreting undue to mean excessive raises a much simpler question, Katy Stech writes in the Wall Street Journal. "How would the borrower be affected if told to fully repay the loans? Would that burden be too much?" "The more it becomes an economic calculus, it should be easier" for borrowers to prove, says Emory Law Professor Rafael Pardo.

N.C., Justice Department at odds over bathroom law, Holbrook tells WSJ

N.C., Justice Department at odds over bathroom law, Holbrook tells WSJ

North Carolina's refusal to back down on its "bathroom law" requiring transgender citizens to use restrooms aligned with their birth gender has led to a rare drawing of lines in the sand, Emory Law Professor Tim Holbrook told the Wall Street Journal. Republican leaders say they will not respond to recent notice by the U.S. Justice Department that the law is a civil rights violation.

Jonathan R. Nash

Supreme Court tie votes can still yield guidance, Nash writes for The Hill

Although there are now only eight U.S. Supreme Court justices following Antonin Scalia's death, a tie vote by the court may sometimes actually create more guidance on some issues, Emory Law Professor Jonathan Nash writes for The Hill. Franchise Tax Board v. Hyatt illustrates that, in regard to the Full Faith and Credit Clause, he says. "Scalia's absence resulted in the court providing guidance on the second issue--guidance that would probably never have come to light had Scalia been on the court," he writes.