Emory Law News Center

2019 News Release Archive | Emory University School of Law

July

SCOTUS Analysis: A preview of DACA

On the last day of the term, the justices surprised many by agreeing to take up DACA, setting in motion for next year the highly anticipated argument over immigration policy and presidential authority left hanging three years ago with the court¿s 4-4 split in a related case, United States v. Texas.

SCOTUS Analysis: Madison v. Alabama

Because the Eighth Amendment of the United States Constitution bans cruel and punishment, it places certain limits on whom may be executed, including the State may not execute a person who is so mentally incapacitated as to not have a rational understanding of the basic reasons for the execution, in light of Ford v. Wainwright, and Panetti v. Quarterman. This past term, in the case of Madison v. Alabama, the United States Supreme Court considered the scope of that limitation.

SCOTUS Analysis: Rucho v. Common Cause

The retirement of Justice Anthony Kennedy and his replacement with Justice Brett Kavanaugh will likely shape the doctrine of the United States Supreme Court in significant ways for decades to come. The rejection of challenges to partisan gerrymandering in Rucho v. Common Cause offered an early example of the impact of this transformation.

SCOTUS Analysis: American Legion v. American Humanist Association

The government action at issue in American Legion v. American Humanist Association concerned a 94-year-old, 32-foot-high "Peace Cross" on a pedestal atop a busy intersection near Bladensburg, Maryland. The Peace Cross was erected by private groups in 1925 as a memorial to the 49 citizens of Prince George's County, Maryland, who died in World War I. The State of Maryland took ownership of the site in 1961 and has maintained it with public funds ever since.

SCOTUS Analysis: Knick v. Township of Scott

In Knick v. Township of Scott, Pa., 139 S. Ct. 2162 (2019), the Supreme Court overruled decades-old precedent to hold that Takings Clause plaintiffs can come to federal court without first exhausting their state court remedies. The court's holding discards a 1985 ruling the consequences of which went far beyond what the justices in that case likely contemplated when they first required exhaustion of state remedies.

SCOTUS Analysis: Franchise Tax Board of California v. Hyatt

In Franchise Tax Board of California v. Hyatt, 139 S. Ct. 1485 (2019), the United States Supreme Court held that one state cannot constitutionally waive another state's sovereign immunity with respect to suits filed against the second state in the courts of the first state. In so doing, the court overruled its decision in Nevada v. Hall, 440 U.S. 410 (1979).

SCOTUS Analysis: Flowers v. Mississippi

This term the Supreme Court held that a trial court may properly consider a prosecutor¿s past history of Batson violations when evaluating that prosecutor¿s reason for striking a juror in a current case. The challenge arose from a murder case that originated in the small town of Winona, Mississippi, more than two decades ago.

SCOTUS Analysis: Transgender military service

Sometimes, significant impact arises in the unobserved work of the Supreme Court, even while it is in session. The court often issues orders that appear to deal with procedural issues. But even those seemingly innocuous decisions can have significant impact. Such a scenario arose during the October 2018 Supreme Court term as it relates to the ability of transgender persons to serve in the military.

SCOTUS Analysis: Schein and New Prime

Not all Supreme Court arbitration decisions feature strident 5-4 splits of opinion. Such contentious cases, like Lamps Plus this year (see separate analysis), deal with requirements that claimants pursue their claims alone, rather than en masse. When it comes to arbitration procedure, however, the court generated unanimous opinions in New Prime Inc. v. Oliveira, 139 S. Ct. 532 (2019) and Henry Schein, Inc. v. Archer & White Sales, 139 S. Ct. 524 (2019).

SCOTUS Analysis: Lamps Plus Inc. v. Varela

It is becoming a tradition: each year, we seem to get another 5-4 Supreme Court decision enforcing arbitration that requires individual, and forbids aggregate, resolution of claims. This year's case is Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (April 24, 2019). Neither the result nor the 5-4 split surprised anyone.

Cambridge publishes titles by Witte, Domingo on law, marriage, French jurisprudence

Two professors in the Center for the Study of Law and Religion published Cambridge University Press titles that examine intersections of religion and law.

May

Emory University names Mary Anne Bobinski dean of Emory Law

Emory has named Mary Anne Bobinski dean of Emory University School of Law. She will assume the post in August 2019, becoming the first woman to serve in the role since the school's founding in 1916.

Prof. Fred Smith to graduates: Be part of seeing justice done

On Mother's Day, in a new venue and among a packed house of family and friends, 454 students crossed the stage in recognition of their graduation from Emory University School of Law.

Law faculty honored for scholarly writing

Professors Polly Price and Jonathan Nash were recently honored for scholarly writing.

Law student parlays difficult beginnings into academic success

Earl Porter III 19L parlays difficult beginnings into a celebrated end as he prepares to graduate from Emory Law.

April

Four Emory Law alumni to be honored this weekend

Four attorneys will be recognized during Emory Law Alumni Weekend for public service and trailblazing, and for exceptional and distinguished careers. They are: Lewis S. "Mike" Eidson, Lori G. Cohen, John Maggio, and Donna Yip. Interim Dean James B. Hughes Jr. will present the awards during an April 12 reception at the law school.

February

Yeargain 19L receives Burton Award as one of nation's 'finest law school writers'

Tyler Quinn Yeargain, a third-year student at Emory University School of Law, was among the ten winners for his piece, "Discretion Versus Supersession: Calibrating the Power Balance Between Local Prosecutors and State Officials."

Satz drafts proposed legislation to protect primates

US Senator Cory Booker contacted Emory Law Professor Ani Satz to draft what would become the "Primate Protection and Research Modernization Act of 2018" after reading her opinion article on Volkswagen's primate experiments.

January

EPIC Recognizes 2019 Inspiration Award Winners

On Tuesday, February 5, 2019, Emory University School of Law hosted the 23rd annual Emory Public Interest Committee's (EPIC) Inspiration Awards, which honored two community members and an Emory Law graduate for exceptional public service.

MLK on love, power, justice: A message from Interim Dean Hughes

Interim Dean James B. Hughes, Jr.'s message of diversity and service at Emory University Schoo of Law on Martin Luther King, Jr. Day

Rev. Dr. Robert M. Franklin to deliver MLK lecture

In honor of Martin Luther King Jr. Day, Emory University School of Law presents "Revisiting Dr. King's Theory of Love, Power, and Justice," a lecture by Robert M. Franklin Jr., James T. and Berta R. Laney Professor in Moral Leadership.

2019 Emory medalists: Adelman 89L, Hubert 60L

David Adelman 89L and Richard Hubert 60L, the two alumni chosen as this year's Emory Medalists, share both a global worldview and a JD from Emory Law.

July

Barton Juvenile Defender Clinic et al. file suit on behalf of jailed students

A federal class-action law suit filed today purports students held at the DeKalb County Jail are denied the opportunity to receive the education they need. The Barton Juvenile Defender Clinic and others filed the suit, and DeKalb County School District, the Georgia Department of Education, and the DeKalb County Sheriffs' Office, along with associated state officials are named as defendants.

Schapiro: Under Stevens, 'No institution and no person was above the law'

Justice Stevens's jurisprudence was rooted in a humanism that honored reason and individual dignity and a patriotism that understood the United States as a vibrant, unified republic committed to fundamental ideals of freedom and justice. It is a vision that is under much stress on the current Supreme Court.

April

International law review honors standouts

The Emory International Law Review annually recognizes outstanding accomplishments, and the following students exemplify the best of Volume 33.

Trump to nominate Grimberg 98L for federal bench

On April 2, President Donald Trump announced he intends to nominate Steven Grimberg 98L for US District Court judge, to serve in Atlanta.

February

New bankruptcy journal comment analyzes trademark license protections

The comment examines the circuit split, comparing and contrasting whether trademark licenses should receive the same protections as other intellectual properties.

January

Franklin to Emory Law: Truth is a force

Robert M. Franklin Jr., James T. and Berta R. Laney Professor in Moral Leadership, led the celebration with a lecture titled "Revisiting Dr. King's Theory of Power, Love, and Justice."