Emory Law News Center

May 2018 In the News Archive | Emory University School of Law

Smith in the Post: Constitution checks government power, not private entities

Smith in the Post: Constitution checks government power, not private entities

The NFL's announcement that players who do not stand for the national anthem could be fined highlights the clash of values over what defines equality and patriotism, Emory Law Associate Professor Fred Smith Jr. tells the Washington Post. "This is clearly a very fraught issue in the American political imagination," he said. "Generally speaking, I don't think people want to see large powerful entities, whether it be Facebook or anyone else, telling us what to think and what to say and how to say it. But the constitution is a protection against government power. And for private entities, like the country itself, it's a work in progress."

Dems' election reform plans present real battles, Kang says

Dems' election reform plans present real battles, Kang says

Democrats hope their wide-ranging plans to confront corruption in Washington will resonate with voters ahead of the midterms this fall. Those plans including overturning Citizens United. "Reform is always popular for the party out of power," Emory Law Professor Michael Kang tells PBS NewsHour. There are a lot of obstacles, though. Democrats proposed a series of policies to improve election infrastructure that would likely run into resistance or clash with other changes planned by state state and local governments, which have broad authority to run elections, Kang said.

Kang: 'Sore loser' language may open door for Blankenship

Kang: 'Sore loser' language may open door for Blankenship

The wording in West Virginia's "sore loser" law may keep Don Blankenship's hopes to run as an independent (after losing a primary) alive. Emory Law Professor Michael Kang is quoted by New York magazine on the election. Kang noted the law cited by the Secretary of State prohibits independent runs after a primary loss from candidates who are not already "candidates in the primary election for public office." Because Blankenship was--not is--a candidate for the primary election for public office, he may have room to argue.

Citizenship not clearly defined in candidate issue, Price says

Citizenship not clearly defined in candidate issue, Price says

The ACLU of Georgia sued Georgia's Secretary of State after candidate Maria Palacios was removed from the ballot, WABE reports. She's a Democrat running for the Georgia House. State law requires candidates to be citizens of Georgia for at least two years to qualify for elections. She's lived in Georgia for nine years, but became a U.S. citizen last year. Emory Law Professor Polly Price said the state constitution doesn't clearly define citizenship. "Everything is treated in terms of residency," she said. "It's not just in Georgia but it's in other states as well. What matters is how long you've resided somewhere, not whether technically you're a citizen."

Fuzzy law might allow 'sore loser' to run twice, Kang says

Fuzzy law might allow 'sore loser' to run twice, Kang says

Emory Law Professor Michael Kang was quoted on the U.S. Senate race in West Virginia, after one candidate who lost a primary says he's contemplating a third-party run in the general election. Kang tells the Charleston Gazette that ambiguous wording in the state's "sore loser" law might allow it. "Blankenship probably has an uphill fight to run as an independent after losing the primary, but the law is fuzzy enough that he has an argument against the [Secretary of State's] position," he said.

Goldstein: Court challenge on Vogtle nuclear plant claims legal error

Goldstein: Court challenge on Vogtle nuclear plant claims legal error

Critics of the nuclear expansion at Plant Vogtle want more information about private meetings they say took place between Georgia Power and state regulators, WABE reports. They say the Georgia Public Service Commission was wrong to give Georgia Power the go-ahead to keep building two nuclear reactors. Turner Environmental Law Clinic Director Mindy Goldstein said a court challenge to a PSC decision is rare, but this one seems valid. "Disagreeing with the Public Service Commission's finding of facts is not enough really to get you into court, but if you claim that they made a legal error, that's enough to get you into court, and that's what we have here," she said.

ABC Australia features Cleaver in '1968: A Fractured America'

ABC Australia features Cleaver in '1968: A Fractured America'

Senior Lecturer in Law Kathleen Cleaver was interviewed for the ABC News Australia "Sunday Extra" program, "1968: A Fractured America," along with historian Marc Leepson. The 50-year retrospective examines "a nation fractured, along political, racial and generational lines." Demands for civil rights and an end to the Vietnam War intensified during the year Martin Luther King Jr. and Robert F. Kennedy were assassinated.

Goldstein on smart solar growth in the South

Goldstein on smart solar growth in the South

As solar takes off, Turner Environmental Law Clinic Director Mindy Goldstein wants to ensure that it grows wisely. She's part of a team determining how to do that in Georgia. The goal is to develop a solar zoning ordinance that will help county and city officials balance their communities' solar development with preservation of its culture and native habitats by preventing deforestation and maintaining agricultural spaces.

Volokh: Emory's commitment to open expression matters

Volokh: Emory's commitment to open expression matters

Emory is one of 39 schools that earned a 'green light" rating for free speech on campus from the Foundation for Individual Rights in Education (FIRE) after revising sections of its conduct code and policies governing campus bias incidents. Emory Law Associate Professor Alexander Volokh is chair of Emory's Committee for Open Expression, which worked to update policy to reflect Emory's values. "The credit really belongs to Emory's administrators, from President Claire Sterk on down, who strongly support open expression on campus--as well as to the University Senate that adopted the Open Expression Policy five years ago," Volokh said.

Mary L. Dudziak

Dudziak for CNN: `Their unskilled immigrant ancestors built America'

As calls for a merit-based immigration system mount, the notion that similar rules might have barred their ancestors from entering the country has ignited anger among some native-born Americans, a CNN story says. "My grandparents are exactly the kinds of people (who) would have been excluded from a 'merit-based' approach to immigration," says Asa Griggs Candler Professor of Law Mary L. Dudziak. Their son, Dudziak's father, later became a nuclear physicist. "Whenever anyone says, our people, i.e. white people, we came over the right way and we followed all the rules, what I say is my grandmother, for whom I am named, basically came over unlawfully,"

Giuliani's admission on hush money could cost Trump, Kang says

Giuliani's admission on hush money could cost Trump, Kang says

Donald Trump's lawyer Rudy Giuliani now says Trump repaid his attorney Michael Cohen for $130,000 in Stormy Daniels hush money. Vox consulted Emory Law Professor Michael Kang on the implications. "Giuliani's admission suggests that Trump and his campaign willfully failed to disclose it, which could trigger criminal liability under campaign finance law. Having said all that, the case against Trump for willful failure to disclose is still not a complete slam-dunk," Kang said.