Emory Law News Center

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

Holbrook on BYU Radio: EpiPen, patents and pharmaceuticals

Holbrook on BYU Radio: EpiPen, patents and pharmaceuticals

Emory Law Professor Timothy Holbrook talked with BYU Radio about how patents affect pharmaceutical prices, following the recent controversy over the hike in the EpiPen's cost. The company has since announced it will begin selling a generic version for half price.

Kang comments on 'dark money' influence in Cobb County race

Kang comments on 'dark money' influence in Cobb County race

The 2016 Cobb primary illustrates how anonymous political contributions, which have become the norm in national politics, can be converted into campaign spending in a local election, according to an Atlanta Journal-Constitution story that details "dark money" spent on the race. Emory Law Professor Michael Kang said the problem with these contributions is that it makes credibility judgments more difficult for voters. The organizations must report broad categories of spending to the IRS, he said, but that isn't "timely or helpful to people interested in disclosure."

An-Na'im on Trump's fundamental misunderstanding of Sharia

An-Na'im on Trump's fundamental misunderstanding of Sharia

Earlier this month, Trump proposed "extreme vetting" to ban immigrants who believed Sharia law should supplant American law. But while this might play well to some of his supporters, it is detached from reality, according to a recent CNN story. Muslims who say they want Sharia law are not necessarily extremists. "Sharia as an ethical normative system underpinning the laws that are enacted through constitutional institutions--much in the same way that Americans consider Christianity as underpinning American law and culture," says Charles Howard Candler Professor of Law Abdullahi An-Na'im.

Timothy R. Holbrook

Holbrook: Why the Epipen is so expensive

Professor Tim Holbrook writes for The Conversation on the forces behind the rapidly escalating price for an EpiPen. The patent system is not to blame, he says. A lack of competition and the FDA's regulatory role are. "At present, companies will charge prices that the market can bear for these drugs," he writes. "The FDA is in a unique position to act. It should revisit its role in this regulatory structure to ensure it is striking the appropriate balance between protecting patients from flawed drugs and ensuring drugs get to market to reduce prices."

Alexander Volokh

Decision to pull private prison contracts short-sighted, Volokh says

The Department of Justice's decision to wind down private-prison contracting was apparently based on those prisons' bad record of safety and security violations compared to public ones, Emory Law Associate Professor Alexander Volokh writes. "It turns out, though, that the DOJ's understanding of private prisons' record is informed by a serious over-reading of faulty comparative studies, in particular a recent study by the Office of the Inspector General."

Volokh talks with BBC on feds ending private prison contracts

Volokh talks with BBC on feds ending private prison contracts

Emory Law Associate Professor Alexander Volokh was quoted by the BBC on the Obama administration's decision to phase out contracts with private, for-profit prisons that house federal inmates. It was based on findings that they don't provide substantial savings or maintain the same levels of security and safety found in public facilities. Volokh says private prisons could perform better if they followed models such as the United Kingdom's that make payment contingent on performance. Story starts at 1:02.

JM programs aid professionals in law-influenced fields, Ahdieh says

JM programs aid professionals in law-influenced fields, Ahdieh says

Vice Dean Robert Ahdieh recently discussed the value of a juris master degree with Bloomberg News writer Blake Edwards. Emory Law launched its JM program in 2011, and now admits about 40 students annually. Medical and business schools are already offering law-related classes to meet a need more naturally met by law schools, he said. Emory Law JM applicants are typically older and well-informed, evidence of sustainable demand. "Among mid-career professionals, we're seeing substantial interest," Ahdieh said.

Price discusses Trump's proposed immigration changes

Price discusses Trump's proposed immigration changes

Professor Polly Price was a guest on New Orleans/WWL-FM "First News 9 AM" program to talk about presidential candidate Donald Trump's position on immigration and his ideas concerning U.S. foreign policy.

Kang on WABE: Shelby's fallout affects local political races

Kang on WABE: Shelby's fallout affects local political races

Professor Michael Kang commented on a recent federal lawsuit filed by voting rights groups against Gwinnett County. More than half the county population is black, Latino or Asian-American, yet no minority has ever been elected to either the Board of Commissioners or the Board of Education. The suit says districts are drawn in a way that dilutes the minority vote. Since 2013's Shelby v. Holder decision, the burden is on plaintiffs to prove such claims. "Just the pure population numbers aren't enough," Kang said. "You also have to show that white voters vote for a different set of candidates than the minority voters in a way that swamps the minority vote." Local elections are much more likely to be affected than national races, he said. "These are hard claims to prove, and expensive." Interview starts at 35:35.

How internships help your law school application

How internships help your law school application

Describing meaningful internships is key when applying to law school, says Emory Law Senior Assistant Dean for Admission Ethan Rosenzweig. But the experience should determine placement. "If the internship is a central focus of student's application or reasons to pursue a career in law, then I'd recommend that the experience should be woven into the personal statement," he tells U.S. News and World Report. Also, don't be afraid to include ones that weren't great, he adds. Sometimes the strongest applications describe what the applicant didn't enjoy and how that helped refocus their goals.

Jonathan R. Nash

Judges must avoid politics, Nash writes

It's wrong for judges to enter the political fray, Professor Jonathan Nash writes for The Hill, and U.S. Supreme Court Justice Ruth Bader Ginsburg's disparaging remarks about presidential nominee Donald Trump were no exception. "It thus was entirely appropriate, and a most welcome development, for Justice Ginsburg to recognize the error of her ways and apologize," he writes.

Dorothy A.  Brown

Wealthy colleges don't push for diversity, Brown says

Are the wealthiest colleges educating enough low-income students? Some argue that given their affluence and tax breaks, they should do more, says a recent Chronicle of Higher Education story. Colleges strive to be the best at things they care about, says Emory Law Professor Dorothy Brown, but few strive for racial or socioeconomic diversity. "As long as they're in the range of their peers, then everything is good. Somehow mediocrity was fine when we're talking about diversity."

Local voting rights lawsuit reflects post-Shelby era, Kang says

Local voting rights lawsuit reflects post-Shelby era, Kang says

Voting rights advocates filed a lawsuit against Gwinnett County which says district lines for both the county Board of Commissioners and Board of Education "dilute minority voting power, as well as the at-large voting method for the county commission chair," WABE reports. More than half the county's population is black, Latino or Asian-American, yet no minority has been elected to either board, the story says. The suit reflects the post-Shelby era, says Emory Law Professor Michael Kang. "Everything is shifting to these types of Section Two claims that puts the onus on the plaintiff to bring suit," Kang said.