Emory Law News Center

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

In the Atlantic: Shepherd quoted on dark money's influence on judges

In the Atlantic: Shepherd quoted on dark money's influence on judges

"Courts, it is often remarked, control neither armies nor treasuries. Their power comes from their legitimacy," says The Atlantic. Emory Law Professor Joanna Shepherd is quoted in a story about the Republican legislature in West Virginia impeaching state supreme court justices. Post Citizens United, new judicial dark money overwhelmingly came from conservative groups, which resulted in a surge of TV attack ads on judges. They are often missing "any sort of nuance or explanation for why a judge voted that way . . . They fail to mention that there was an illegal search and seizure or something like that," Shepherd said, adding, "The system is forcing judges to act a lot more like politicians than as true judges."

Volokh: Trump can't change birthright citizenship

Volokh: Trump can't change birthright citizenship

President Donald Trump says he wants to use an executive order to end the constitutional right to American citizenship for children born in the U.S. to undocumented parents, 11Alive reports. Emory Law Professor Alexander Volokh says that idea is meritless. "The idea that Trump can end birthright citizenship by executive order is probably one of the most illegal ideas that Trump has expressed," he said. An executive order doesn¿t override the Constitution, he said, and Congress would have to vote to change the constitutional provision concerning citizenship.

Levine comments on proposed victim's rights law

Levine comments on proposed victim's rights law

Marsy's Law was originally passed in California in 2008, and other states have adopted it, WABE reports. What does the language mean for both victims and the accused? Emory Law Professor Kay Levine was interviewed about what passing the amendment would mean for Georgians. Georgia already has some of the strongest victims rights laws in the country, and changing the law through constitutional amendment is "the most significant and the hardest to accomplish, and it's also the hardest to reverse," Levine says. So such changes should be made cautiously. Also, the language voters see doesn't reflect the entire amendment. Ballot draft text "has become too brief and too simple, and it is insulting to voters to assume that they couldn't handle a bit more complexity," Levine says.

Price: Trump's citizenship proposal 'laughable'

Price: Trump's citizenship proposal 'laughable'

President Trump says he's "thinking about" an executive order to revoke "birthright citizenship," the 150-year-old policy that any child born in the United States is automatically a U.S. citizen, the Daily Beast reports. "Revoking birthright citizenship has been pending in Congress for 20 years," said Emory Law Professor Polly J. Price, an expert on immigration law. "It never goes anywhere, not even to committee. If it were possible, somebody would have done it by now." Price went further. "Most people agree that Congress can¿t do that," she said. "Let alone the president on his own. No one's even thought that until a week before the election. It's just laughable in many ways."

Dinner: Pregnancy Discrimination Act of 1978 isn't enough

Dinner: Pregnancy Discrimination Act of 1978 isn't enough

In 1978, The Pregnancy Discrimination Act was passed to protect against discrimination based on pregnancy, childbirth or other related medical conditions. It was hailed as a victory, but 40 years later, many women don't feel protected. "The Takeaway" interviewed Emory Law Professor Deborah Dinner. "Is the Pregnancy Discrimination Act Doing Enough? The answer is no," Dinner said. "We need affirmative protections to accommodations for pregnant workers and for other temporarily disabled workers, too."

Volokh recalls Justice O'Connor 'steering a middle course'

Volokh recalls Justice O'Connor 'steering a middle course'

Emory Law professor Alexander Volokh was quoted on former U.S. Supreme Court Justice Sandra Day O'Connor's recent retreat from public life following a diagnosis of early-stage dementia. Volokh, who teaches constitutional law, clerked for her for her last six months on the court, ending in early 2006. "Many of the important opinions I teach are O'Connor opinions," he said.

Timothy R. Holbrook

Holbrook for CNN: Trump can't erase LGBTQ Americans

The Trump administration reportedly plans to announce rules that will attempt to define gender strictly and unchangeably based on one's genitals at birth, Professor Tim Holbrook writes for CNN. But try as they might, "the Trump administration cannot eliminate lesbians, gay, bisexual, transgender, and queer people with a stroke of the pen. Moreover, this proposal is contrary to science and to the law," Holbrook says.

Nicole Morris

Morris invited speaker at FTC event on IP, consumer protection

Emory Law Professor Nicole Morris will participate in the Federal Trade Commission's, "Competition and Consumer Protection in the 21st Century," a two-day event held in Washington, D.C. Morris will speak at the Oct. 23 roundtable, "Understanding Innovation and IP in Business Decisions," moderated by Suzanne Munck, the FTC's deputy director and chief counsel for intellectual property.

Georgiev: Firms like Google are "too big to disclose"

Georgiev: Firms like Google are "too big to disclose"

Emory Law professor George Georgiev's research was quoted Bloomberg Opinion in regards to Google failing to disclose that Google+ exposed their users' private profile data. "Since the threshold for what is material increases as firms get bigger, however, at the very largest firms even matters that are significant or sizeable in absolute terms may be deemed immaterial and remain undisclosed," he said.