Emory Law News Center

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

Case could right course on global patent law, Holbrook says

Case could right course on global patent law, Holbrook says

The U.S. Supreme Court will decide next term whether supplying a single component of a multiple-component U.S. invention can expose a manufacturer to worldwide patent infringement liability, Law.com reports. The court has previously cautioned that U.S. patent law isn't global, and Emory Law Professor Timothy Holbrook says the federal circuit should consider that presumption. "This case is but one of many that exemplifies this failure, and thus it provides a vehicle for the court to correct the Federal Circuit's course," he wrote in an amicus curiae brief.

Jonathan R. Nash

Nash for The Hill: Lessons from Supreme Court tie vote on immigration

The U.S. Supreme Court voted 4-4 on United States v. Texas, which would have shielded some immigrants from deportation. Professor Jonathan Nash suspects the court was sharply divided both on standing and merit. "We can reason that the court split on both states' standing to file suit (a procedural issue) and also on the merits (the substantive issues). The breadth of this divide highlights the importance the identity of the person who will join the court as its ninth justice, and presumably break ties like these."

Dudziak for Dissent: Distant conflicts undermine attention to war powers

Dudziak for Dissent: Distant conflicts undermine attention to war powers

An Army officer has taken President Barack Obama to court over his the military campaign against ISIS, arguing the war is illegal because Congress has not authorized it. No military draft, reliance on contractors, and high-tech warfare have insulated the American public from the cost and consequences of war, Asa Griggs Candler Professor of Law Mary Dudziak writes. "Without a personal stake, Americans pay little attention to their country's ongoing wars. Presidents no longer need to wait for an attack on Americans to galvanize public support for armed conflict."

Video: Ahdieh discusses Brexit's financial impact

Video: Ahdieh discusses Brexit's financial impact

K. H. Gyr Professor of Private International Law Robert Ahdieh discusses how Britain's exit from the E.U. will affect the U.S. and global markets.

Ahdieh gauges short, long-term effects of British EU exit

Ahdieh gauges short, long-term effects of British EU exit

Brexit will be viewed as historic on many levels, according to the Atlanta Journal-Constitution. But many investors are concerned about the immediate effect on the stock market. "Short-term, if you are in an index fund, today is not a good day," K.H. Gyr Professor of Private International Law Robert Ahdieh told the AJC on Friday. "But it's not impossible that Monday, people will say, hey, there's an opportunity to buy."

Smith: Affirmative action decision may further discussion on campus diversity

Smith: Affirmative action decision may further discussion on campus diversity

The Supreme Court's decision upholding the University of Texas' affirmative action program has little direct impact on Georgia public colleges--but Indirectly, it's likely to increase discussions about how to increase campus diversity, an Atlanta Journal-Constitution story says. "Today's opinion in some ways just upholds the status quo," said Visiting Professor of Law Fred Smith. "Whether public colleges in Georgia want to look at more ways to increase diversity is not so much a constitutional question, so much as a policy question."

Dorothy A.  Brown

Brown: Compensate homeowners harmed by racial bias

In "The South Side: A Portrait of Chicago and American Segregation,"Natalie Y. Moore quotes an idea from Emory Law's Dorothy Brown that would remedy low housing demand and depreciation values in communities that are even partially black: no mortgage interest deduction unless the neighborhood is integrated.

An-Na'im comments on Trump's call to ban Muslims

An-Na'im comments on Trump's call to ban Muslims

Donald Trump again called to ban Muslims from entering the United States after a mass shooting at an Orlando nightclub, Politifact reports. He said Pew Research found 99 percent of those in Afghanistan support "oppressive Sharia law." Different countries interpret and apply Sharia law differently, and as with other religions, interpretations change over time, said Charles Howard Candler Professor of Law Abdullahi Ahmed An-Nai'im. "Sharia is understood to be the religious obligations of Muslims, but it is a normative system in which Muslims have profound differences and always have," he said.

Michael S. Kang

Unfamiliarity with political rules leads to griping, Kang tells U.S. News

Welcome to the Year of the Whiner, where complaining about the process of electing a president is nonstop, says U.S. News. One example: states that moved up their primaries despite party rules. "There does seem to be more of the griping about rules this year," said Emory University Law Professor Michael Kang. "Sanders and Trump are nontraditional candidates, and they have different kinds of supporters who are not familiar with or comfortable with the rules," he added. "When the two collide, they are generally not happy about it."

Miranda warnings often fail juveniles, Waldman says

Miranda warnings often fail juveniles, Waldman says

Research shows that juveniles waive their Miranda rights at extremely high rates--several studies say roughly 90 percent, according to a recent ABA Journal article. They may not understand what they're giving up. Randee Waldman helps Emory Law students represent juveniles via the Barton Child Law and Policy Center. In Georgia, officers often read a Miranda warning written in the first person that says, "I have a right to remain silent." Children find that confusing, Waldman says, and courts have asked the police to do better.

An-Na'im on dangers of an Islamic state in Malaysia

An-Na'im on dangers of an Islamic state in Malaysia

The creation of an Islamic state in Malaysia and the enforcement of Shariah law poses dangers for all its citizens, Emory Law Professor Abdullahi An-Na'im said, speaking at a press conference in Kuala Lumpur. "This is not an issue only of concern for non-Muslim citizens, but for Muslim citizens, because people who will control the state in this way will define what Islam means, what any Muslim can do or believe. That's where the danger is," he said.