Emory Law News Center

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

'Upskirting' case shows Georgia privacy law needs updating, Kessler says

'Upskirting' case shows Georgia privacy law needs updating, Kessler says

In the recent case of a man caught using a cell phone to record video while aimed up a woman's skirt, the Georgia Court of Appeals had little choice but to find the man not guilty of criminal charges because of the way the governing law was written, said Emory Law Adjunct Professor Randy Kessler 88L. The filming occurred in a grocery store. The state's Invasion of Privacy Act was written before cell phone cameras were common and applies only to private settings, according to an 11 Alive story.

Mary L. Dudziak

Dudziak for the NY Times: Trump on America's moral authority

Donald Trump's recent comments on whether it's important to press for the rule of law in Turkey illuminate his campaign's 'America First' ideology, Asa Griggs Candler Professor of Law Mary Dudziak writes for the New York Times. "He rejects the idea that American moral leadership matters."

Federal court ruling a victory for unions, Shanor tells WABE

Federal court ruling a victory for unions, Shanor tells WABE

A federal judge has struck down part of a Georgia law aimed at allowing employees to end their union memberships at any time. It's a victory for union supporters in a region that tends to be friendlier to employers. Emory Law Professor Charles Shanor said the National Labor Relations Act has allowed unions to negotiate for periods of time in which members can't just stop paying their dues, usually for up to a year. "What Georgia's saying is: no, the person can turn around and take it back the next day. Well that removes the ability of the union to fiscally plan for operations over, let's say, the next one year period," he said.

Jonathan R. Nash

Supreme Court's guidance murky in Merrill Lynch case, Nash says

Bright-line vs. balancing test: In the Merrill Lynch case, the Supreme Court had an opportunity to limit the state-law federal-question jurisdiction to the federal-question statute itself, Professor Jonathan Nash writes for The Hill. "Instead, it chose to extend it to a jurisdictional provision of the federal Securities Exchange Act that provides for exclusive federal court jurisdiction over any suit 'brought to enforce any liability or duty created by' the Securities Exchange Act or the regulations promulgated thereunder."

Jonathan R. Nash

Echoes of Marbury v. Madison in FBI's Clinton decision, Nash writes

Writing for The Hill, Professor Jonathan Nash sees parallels between the historic Marbury v. Madison case and FBI Director James Comey's decision not to seek criminal charges against presidential candidate Hillary Clinton. "Comey left ultimate judgment to the political system and the ballot box, and preserved as best he could the integrity of the FBI as an independent actor within the Department of Justice and the executive branch," Nash writes.