Faculty Scholarship
Browse recent writing, presentations, accolades, and media mentions.
A Dynamic Faculty
Emory Law faculty research represents a wide range of scholarship that includes books, articles, essays, symposia, and presentations. Their writing appears in leading journals and many lecture around the world. Our community fosters respect, collegiality, and collaboration in scholarship, teaching, learning, and service.
Joanna M. Shepherd
Joanna Shepherd is vice dean and Thomas Simmons Professor of Law. She is a nationally recognized expert on judicial behavior, judicial elections, tort reform, and empirical legal studies. She is the co-author, with Michael Kang, of the recent Free to Judge: The Power of Campaign Money in Judicial Elections (Stanford 2023). She has also published broadly in law reviews, legal journals and economics journals including Stanford Law Review, Michigan Law Review, Vanderbilt Law Review, Southern California Law Review, New York University Law Review, Duke Law Journal, UCLA Law Review, The Journal of Legal Studies, and the Journal of Law & Economics. Shepherd’s research has been cited by numerous courts, including the U.S. Supreme Court in Glossip v. Gross (2015) and Williams-Yulee v. Florida Bar (2015). She has testified about her empirical work before the U.S. House of Representatives Judiciary Committee, the U.S. House of Representatives Energy and Commerce Committee, the Committee on Law and Justice of the National Academy of Sciences, and before several state legislative committees.
Latest Insights Issue
This issue of Insights features work by four new Emory Law professors, part of a strategic plan to build a faculty eager to research and teach subjects that were on the horizon a few years ago, and now are at the forefront. Featured scholars for this issue are Ifeoma Ajunwa, Andrew Jennings, Lindsey Simon, and Alex Zhang.
Read the issue
Faculty in the News
Emory Law Faculty Scholarship Newsletters
Work from May-August 2024
Accolades
This spring, Emory Law celebrated the 40th anniversary of the Feminism and Legal Theory Project (FLT) with a day of panels featuring prominent international and US feminist legal theorists, followed by the dedication of the FLT archive in Emory University’s Hugh F. MacMillan Law Library. Initiated in 1984 by Robert W. Woodruff Professor of Law Martha Albertson Fineman, the FLT remains steadfast in its interdisciplinary exploration of the intricate interplay between law and culture. Organizers underscored the project’s enduring commitment to scrutinizing how these forces influence societal norms, policies, and practices pertaining to gender, while also delving into intersecting issues of age, race, class, ability, and sexuality.
Fineman also won the 2023-2024 round of the Halle Institute for Global Research’s collaborative research grant with the University of Witwatersrand on “The Impact of Constitutional Frameworks on Crisis Response Capacity: A Comparative Study of the United States and South Africa.”
Free to Judge?: The Power of Campaign Money in Judicial Elections (Stanford University Press 2023) by Joanna M. Shepherd and Michael Kang was one of seven books named as finalists for the American Bar Association’s Silver Gavel Awards for Media and the Arts. Read more.
Alexander Volokh argued a First Amendment case before the Georgia Supreme Court on August 21, 2024. His article, “Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny,” 2 (2) Journal of Free Speech Law 627 (2023) covers the same topic as the case. Here’s the brief.
On June 20, 2024, US Supreme Court Associate Justice Ketanji Brown Jackson cited an amicus brief by Alex Zhang in her concurring opinion in Moore v. United States. It was based on his article, “Rethinking Eisner v. Macomber,” 92 George Washington Law Review 179 (2024).
No. 18 in most-cited faculty
Emory Law ranked #18 in the nation for most-cited faculty among the top third of ABA-accredited law schools, according to the updated 2024 Leiter Score Ranking, which was based on fall 2024 faculty rosters. Our top most-cited professors were: Ifeoma Ajunwa, Martha Albertson Fineman, Darren Leonard Hutchinson, Tonja Jacobi, Jonathan R. Nash, Kevin M. Quinn, Jessica L. Roberts, Matthew Sag, Joanna M. Shepherd, Fred Smith Jr.and John Witte Jr.Read the article.
Articles & Books
Articles
Ifeoma Ajunwa
Genetic Privacy, 100 Indiana Law Journal (forthcoming 2024) (with Forrest Briscoe)
Data Privacy by Contract, 45 Cardozo Law Review 102 (2024) (with Austin Kamer)
Laurie R. Blank
From Treaties to Tweets: The (In)formality of War Termination, 14 Journal of National Security Law and Policy 339 (2024) (with D. Richemond-Barak)
Benjamin R. Farley
“Establishing a Practical Test for the End of Non-International Armed Conflict,” International Review of the Red Cross (FirstView) (May 20, 2024)
Andrew Jennings
Criminal Investors, 93 George Washington Law Review (forthcoming 2025)
Matthew B. Lawrence
Super-Groups: Legal Empowerment and “Public Law,” 100 Indiana Law Journal(forthcoming 2025)
Kay L. Levine
Legislatures and Localized Resentencing, Journal of Criminal Law & Criminology (forthcoming) (with Ronald F. Wright)
Exoneration Finance, 99 New York University Law Review Online (forthcoming 2024) (with Russell M. Gold)
Nicole Morris
Ethics of Innovation: A Framework for Responsible Innovation Governance, 27 SMU Science & Technology Law Review 39
Jonathan R. Nash
Expertise, Ideology, and Dissent, American University Law Review (forthcoming 2025) (with Paul Gugiluzza & Jason Rantanen)
Chevron Stare Decisis in a Post-Loper Bright World, Iowa Law Review Online (forthcoming 2024)
Mark Nevitt
Destroy, Rebuild, Repeat: How to Break the Climate Disaster Cycle, 78 Vanderbilt Law Review (forthcoming 2025)
On State Constitutions, Climate Change, & Green Amendments, Florida International Law Review (forthcoming 2024)
Climate Science & Law for Judges: Overview of Sea Level Rise, Environmental Law Institute Climate Judiciary Project (forthcoming 2024) (with Anne Halberstadt)
Reimagining National Security: Climate Change’s Security Impacts, University of Chicago Legal Forum (forthcoming 2024)
The Legal Crisis Within the Climate Crisis, 76 Stanford Law Review 1051 (2024)
Climate Risk, Insurance Retreat, & State Response, 58 Georgia Law Review 1603 (2024) (with Michael Pappas)
Environmental War, Climate Security, and the Russia-Ukraine Crisis, 84 Ohio State Law Journal 1360 (2024)
Jessica L. Roberts
The Medical Malpractice Implications of Consumer-Generated Polygenic Scores, 38 Harvard Journal of Law & Technology (forthcoming 2024) (with Sonia Suter)
Introduction to the Symposium on Medical & Legal Uncertainty in Emerging Genetic Technologies, 38 Harvard Journal of Law & Technology (forthcoming 2024) (with Leah R. Fowler, Dov Fox & Natalie Ram)
Innovating Accessible Health Care, 110 Iowa Law Review (forthcoming 2024)
Matthew Sag
Forward Looking Academic Impact Rankings for US Law Schools, 51 Florida State University Law Review 762 (2024)
Ani B. Satz
Customary Corruption 66 William & Mary Law Review (forthcoming 2025) (with Liza Vertinsky)
Federalism, State Action, and Workers’ Medical Privacy, 100 Indiana Law Review (forthcoming 2024)
Rethinking Health Law Architecture, The Journal of Law, Medicine & Ethics (forthcoming 2024)
Joanna M. Shepherd
The Whac-a-Mole Game: An Empirical Analysis of the Regulation of Litigant Third Party Financing, Theoretical Inquiries in Law (forthcoming 2024) (with Ronen Avraham & Anthony Sebok)
Mark Storslee
History and the School Prayer Cases, 110 Virginia Law Review (forthcoming 2024)
S. I. Strong
Facilitating Trust Arbitration by Amending the Federal Arbitration Act, 75 American University Business Law Review (forthcoming 2025)
Judging Judiciaries: How Sticky Defaults, Status Quo Bias, and the Sovereign Prerogative Influence the Perceived Legitimacy of the New International Commercial Courts, 74 American University Law Review (forthcoming 2025)
International ADR – Commercial Courts and Commercial Arbitration: Why Have Both?, 42 Alternatives to the High Cost of Litigation (forthcoming 2024)
John Witte Jr.
Un nuevo despertar de la libertad religiosa en Estados Unidos, 67 Ius Canonicum 193 (2024)
Alex Zhang
Fiscal Citizenship and Taxpayer Privacy, 125 Columbia Law Review (forthcoming 2025)
The Origins of US Territorial Taxation, 134 Yale Law Journal Forum (forthcoming 2024-25)
Books
Ifeoma Ajunwa
The Oxford Handbook of Algorithmic Governance (Oxford University Press, forthcoming 2024) (with Jeremias Adams-Prassl)
Martha Albertson Fineman
Vulnerability and the Organisation of Academic Labor (Routledge, forthcoming 2025) (with co-editor Graham Ferris)
Richard D. Freer
Complex Litigation (Carolina Academic Press 4th ed., 2024) (with E. Thomas Sullivan and Robin Effron)
Peter Hay
US-Amerikanisches Recht (8th ed., Beck Publishing, forthcoming 2024) (with Christoph Alexander Kern)
John Witte Jr.
Le origini e il futuro della libertà religiosa in Europa e negli Stati Uniti (Il Mulino 2024) (with Andrea Pin)
Book Chapters
Margo A. Bagley
The Draft Design Law Treaty’s Forbidden Words, in Design Law: Global Law and Practice (Dana Beldiman ed., 2024)
Jessica L. Roberts
Distinctions Between Race and Genetic Ancestry in Research to Redress Health Disparities, in Race and Research: Perspectives on Minority Participation in Health Studies (2d ed., Bettina M. Beech & Elizabeth Heitman, eds., 2024)
Ani B. Satz
Animal Experimentation Law: Current Issues in North America, Oxford Handbook of Global Animal Law (Anne Peters, Kristen Stilt & Saskia Stucki eds., forthcoming 2024)
Liability for Injuries to Animals, Elgar Concise Encyclopedia of Animal Law (Joan Schaffner ed., forthcoming 2024)
Section 1983 and Police Killing of Companion Animals, Elgar Concise Encyclopedia of Animal Law (Joan Schaffner ed., forthcoming 2024)
John Witte Jr.
Counting My Blessings: A Response, in Faith in Law, Law in Faith: Reflecting and Building on the Work of John Witte, Jr. (Rafael Domingo, Gary S. Hauk & Timothy P. Jackson eds., 2024)
Presentations
Margo A. Bagley
“Secret Traditions as Trade Secrets,” at the 24th Annual Intellectual Property Scholars Conference hosted by The Berkeley Center for Law & Technology, on August 8-9, 2024
“Intellectual Property and Religious Faith,” at the Southeastern Association of Law Schools Annual Meeting, on July 25, 2024 (panelist)
“The Role of Trust in Advancing Equity in Innovation," hosted by the Center for Strategic and International Studies in Washington, DC, on June 24, 2024 (panelist)
“Innovation Policy as an Economic Development Tool,” a workshop on the Statute of Monopolies at 400, hosted by George Washington University Law School in May 2024
“Data Governance, Indigenous Data Sovereignty, and Intellectual Property Rights,” at “The Right to Participate in Science. Duties and Challenges in Widening Access to Science,” a cross-disciplinary workshop hosted by the University of Edinburgh on May 27, 2024
Laurie R. Blank
"The Business of Battle: Navigating the Role of the Private Sector in Conflict," at the USCYBERCOM Legal Conference on April 9, 2024
"LOAC in the Dark," at the 29th Annual National Security Law Conference, hosted by Duke Law’s Center on Law, Ethics and National Security on February 23, 2024
Karen Cooper
"A Helpful Alliance: Working with a Casebook Professor on a Closed Memo Problem," at the 2024 Legal Writing Institute Biennial Conference hosted by Indiana University McKinney School of Law on July 19, 2024
Mary L. Dudziak
“Obama as History/Obama in History: US Foreign Relations, 2009-2017,” at the Annual Meeting of the Society for Historians of American Foreign Relations, hosted by the University of Toronto on June 15, 2024 (panel chair and commentator)
Book manuscript workshop on John Witt’s Spending Mr. Garland’s Million: A Story of Democracy in America (Simon & Schuster, forthcoming) hosted by Georgia State University College of Law on May 6, 2024 (commentator)
Paul Koster
“A Call for Changes to the Legal Profession to Address the Reality Confronting Attorneys Facing a Significant Mental Health Issue While Up Against Work Demands,” at the International Legal Ethics Conference hosted by Amsterdam Law School on July 19, 2024
Kay L. Levine
“The Opinion Landscape,” at the Emory-UGA Summer Symposium, hosted by the University of Georgia on July 17, 2024
“Selective Justice: Reflections on Courts’ Use of Opinion Survey Evidence,” at the Law and Society Association Annual Meeting held in Denver, Colorado, on June 6-9, 2024
“Prosecution and Civil Suits,” at “Presidents Beware: Investigations, Impeachment, Disqualification, and Prosecution,” hosted by Stanford Law School on May 18, 2024
Jonathan R. Nash
"The Standing of Others," at the Emory-UGA Workshop, hosted by the University of Georgia on July 17, 2024
"How to (and When to) Write a Dissent, and How to Respond" at the New York State Annual Appellate Judges Seminar on June 25, 2024, in Clayton, New York
"Climate Change Nuisance Litigation in the US and Canada: Emulation and Divergence," at the Ninth Annual Civil Procedure Workshop hosted by UC Law San Francisco on May 31, 2024 (with Alyssa King)
"Diversity Jurisdiction and Out-of-State Bias: Experimental Evidence" at the 34th Annual American Law and Economics Association Annual Meeting hosted by the University of Michigan Law School on May 17, 2024 (panel chair) (with Daniel M. Klerman)
"Culture and Private Enforcement: An Experiment," at the Ninth Annual Sustainability Conference of American Legal Educators, hosted by Arizona State University’s Sandra Day O'Connor College of Law on May 10, 2024 (panelist) (with Cherie Metcalf) (co-authors Daniel Klerman & Diego Zambrano)
Mark Nevitt
“Breaking into the Legal Academy,” for the Judge Advocates Association, in August 2024
“The Security Implications of Climate Change,” at the Morocco Ministry of Defense, in May 2024
Alex Zhang
"The Origins of US Territorial Taxation," at the Emory-UGA Summer Workshop hosted by the University of Georgia on July 17, 2024.
"Fiscal Citizenship and Taxpayer Privacy," at “Unsettling Territories: Tradition and Revolution in Law and Society,” at the Law and Society Association Annual Meeting held in Denver, Colorado, June 6-9, 2024.
"Tax Procedure and Distributive Discourse," at the Democracy, Diversity, and Discourse Symposium hosted by the University of Wisconsin Law School in June 2024
"Realizing Fiscal Autonomy," at the 19th Annual Junior Tax Scholars Workshop hosted by the University of Wisconsin School of Law on June 29, 2024
"The Origins of US Territorial Taxation," at the 2024 Critical Tax Conference hosted by the University of Florida Levin College of Law on May 10, 2024
Amicus Briefs & Testimony
On June 12, 2024, George S. Georgiev testified before the Senate Climate Change Task Force, joining a panel of experts to discuss “the importance of the recent finalized Securities and Exchange Commission (SEC) climate-risk disclosure rule, which would require public companies to disclose financial risks from climate change that will protect markets, workers, and communities.” Read more.On August 16, 2024, in Netchoice v. Bonta, the Ninth Circuit cited an amicus brief by social media design scholars including Matthew B. Lawrence in its ruling about the constitutionality of the California Age Appropriate Design Code Act.
Opinion, Essay, Review & Comment
Mary L. Dudziak
“Emotion and Diplomacy in Costigliola's Kennan,” a book review of Kennan: A Life Between Worlds by Frank Costigliola (Princeton University Press 2023), in Diplomatic History (forthcoming 2025)
Andrew Jennings
The “Business Scholarship Podcast,” archive now contains more than 200 episodes. Find it on most podcast platforms and on YouTube.
Matthew B. Lawrence
“Supreme Court Endorses Neutrality Triangulation Approach to Constitutionality of Platform Regulation,” Balkinization (August 22, 2024)
Mark Nevitt
“Analysis: Nevitt on Loper Bright Enterprises,” Emory Law News Center (July 30, 2024)
“Destroy, Rebuild, Repeat: Breaking the Climate-Disaster Cycle,” Lawfare (July 2, 2024)
“Climate Challenges & Opportunities in Morocco and Beyond,” Just Security (June 13, 2024)
Faculty on Law & AI
Select recent scholarship by Emory Law faculty on law and artificial intelligence:
Ifeoma Ajunwa
Artificial Intelligence, Afrofuturism, and Economic Justice, 112 Georgetown Law Journal (forthcoming 2024)
AI and Captured Capital, Yale Law Journal Forum (forthcoming 2024)
Automated Governance, 101 North Carolina Law Review 355 (2023)
Laurie R. Blank
New Technologies and the Interplay between Certainty and Reasonableness: What Impact for the Law of Armed Conflict, in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare (Oxford University Press 2019)
“Putting Technology to Work for Humanitarian Purposes in War,”The National Interest(July 9, 2022) (with D. Richemond-Barak)
Assessing LOAC Compliance and Discourse as New Technologies Emerge: A New ‘Effects Problem’?, in The Impact of Emerging Technologies on the Law of Armed Conflict ) Oxford University Press 2019)
Jessica L. Roberts
Antidiscrimination, Law Meets Artificial Intelligence: Health Care Providers’ and Insurers’ New Responsibilities, JAMA Health Forum (August 2024) (with Michelle Mello)
Algorithmic Discrimination and Health Equity, in Research Handbook on Health, AI, and the Law (I. Glenn Cohen & Barry Solaiman, eds., 2024)
Matthew Sag
We are the AI Problem, 74 Emory Law Review Online 1 (2024) (with Tonja Jacobi)
Fairness and Fair Use in Generative AI, 92 Fordham Law Review 1887 (2024)
Copyright Safety for Generative AI, 61 Houston Law Review 295 (2023)
S. I. Strong
Generative AI in Arbitration: Carpe Diem or Caveat Emptor?, 41 Ohio State Journal on Dispute Resolution (forthcoming 2025)
Regulating Generative Artificial Intelligence in Domestic and International Arbitration: A Content-Neutral Blueprint for Action, 34 American Review of International Arbitration (forthcoming 2024)
Rage Against the Machine: Who is Responsible for Regulating Generative Artificial Intelligence in Domestic and Cross-Border Litigation? 2023 University of Illinois Law Review Online 165 (2023)
Quoted in the Media
From May through August, our faculty were expert sources or their research was cited roughly 87 times in regional and national media including Agenda, Atlanta Journal-Constitution, AM560 The Answer, AmericaAdapts, Atlanta News First, Bloomberg Law, Business Insider, CBS News, CNN Opinion, C-SPAN, Daily Report, 11 Alive, Emory News Center, Fast Company, Financial Times, Forward, Fox 5 Atlanta, Georgia Recorder, Kansas Reflector, Lawfare, Lead Stories, National Public Radio, NewsNation, RealTransparentDisclosure.com, Reuters, Rough Draft Atlanta, Salon, Scripps News, Spectrum News, SThree, Washington Lawyer, Wall Street Journal, Wealth Management, and WSB-TV.
Faculty quoted: John Acevedo, Ifeoma Ajunwa, Margo A. Bagley, Michael J. Broyde, Mary L. Dudziak, George S. Georgiev, Mindy Goldstein, Alicia Hughes, Darren Leonard Hutchinson, Andrew Jennings, Matthew B. Lawrence, Kay L. Levine, Nicole Morris, Jonathan R. Nash, Mark Nevitt, Jessica L. Roberts, Matthew Sag, Joanna M. Shepherd, Lindsey Simon, Fred Smith Jr., and Alexander Volokh
Work from December 2023-April 2024
Accolades
As he approaches his 40th year of teaching at Emory Law, John Witte Jr. has collected both national and international honors. An authority in legal history, human rights, religious freedom, marriage and family law, and law and religion, Witte has published 45 books in 15 languages, 325 articles, and 18 journal symposia, all while delivering 425 public lectures around the world since 1987. In April, the Robert W. Woodruff Professor of Law, McDonald Distinguished Professor of Religion, and faculty director of the Center for the Study of Law and Religion was elected to the American Academy of Arts and Sciences. Read more. On January 26, 2024, Witte inaugurated the “John Witte Lecture Series in Law and Christianity” at the National Press Club in Washington, DC. The endowed lecture series’ location will alternate each year between Washington, DC, and Los Angeles. And this spring, Brill Publishers released Faith in Law, Law in Faith, a festschrift in Professor Witte’s honor. The collection of essays is edited by Rafael Domingo, Gary S. Hauk, and Timothy P. Jackson. It includes 31 chapters by friends and former students from North America and Europe and opens with a foreword by Emory President Emeritus James T. Laney. Read more.
Articles & Books
Articles
Margo A. Bagley
Innovator Ecosystem Diversity as A Global Competitiveness Imperative, 28 Marquette Intellectual Property & Innovation Law Review 1 (2024)
Michael J. Broyde
The Worst Choice for School Choice: Tuition Tax Credits Are a Bad Idea and Direct Funding Is Wiser, 15 Columbia Tax Journal 77 (2024) (with Anna Gabianelli)
Mary L. Dudziak
The Gloss of War: Revisiting the Korean War's Legacy, 122 Michigan Law Review 149 (2023)
Peter Hay
The Rise of General Jurisdiction over Out-of-State Enterprises in the United States, 38 Emory International Law Review 95 (2024)
Tonja Jacobi
Katz’s Imperfect Circle: An Empirical Study of Reasonable Expectations of Privacy, 77 Florida Law Review (forthcoming 2025) (with Christopher Brett Jaeger)
Institutional Design and the Predictability of Judicial Interruptions at Oral Argument, Journal of Law and Courts (2024) (with Patrick Leslie & Zoë Robinson)
Comparative Exceptionalism? Strategy and Ideology in the High Court of Australia, 70 American Journal of Comparative Law 1 (2024) (with Zoë Robinson & Patrick Leslie)
The Role of Theory in Empirical Legal Studies, 1 Comparative Constitutional Studies 1 (2023)
The Law of Disposable Children: Interrogations in Schools, 75 Alabama Law Review 291 (2023) (with Riley Clafton)
Andrew Jennings
Criminal Recordkeeping, 102 Washington University Law Review (forthcoming 2024)
Vice Capital, 15 UC Irvine Law Review (forthcoming 2025) (with Kimberly D. Krawiec)
Matthew B. Lawrence
Super-Groups: Legal Empowerment and “Public” Law, Indiana Law Journal (forthcoming)
“Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability, 101 Washington University Law Review 1029 (2024) The paper was selected for presentation in May at the American Bar Association Administrative Law Workshop and featured in Yale Journal on Regulation’s Ad Law Reading Room.
Kay L. Levine
Between Cooperation and Conflict in Second Look Sentence Review, 25 Cardozo Journal of Conflict Resolution 289 (2024) (with Ronald Wright)
Exoneration Finance, 99 New York University Law Review Online (forthcoming) (with Russell Gold)
The Unconstitutional Conditions Vacuum in Criminal Procedure,133 Yale Law Journal 1401 (2024) (with Jonathan R. Nash & Robert A. Schapiro)
Nicole Morris
Ethics of Innovation: A Framework for Responsible Innovation Governance, SMU Science and Technology Law Review (2024)
Jonathan R. Nash
When Is Legal Methodology Binding?, 109 Iowa Law Review 739 (2024)
Personal Jurisdictional Limits Over Plaintiff Class Action Claims, 96 Southern California Law Review 943 (2023)
The Summary Judgment Revolution that Wasn't, 65 William & Mary Law Review 389 (2023) (with D. Daniel Sokol)
Mark Nevitt
Destroy, Rebuild, Repeat: How to Break the Climate Disaster Cycle, Vanderbilt Law Review (forthcoming)
Environmental War, Climate Security, and the Russia-Ukraine Crisis, 84 Ohio State Law Journal 1359 (2024)
Climate Change and the Specter of Statelessness, 35 Georgetown Environmental Law Review 331 (2023)
Jessica L. Roberts
Innovating Accessible Health Care, 110 Iowa Law Review (forthcoming 2024)
The Medical Malpractice Implications of Consumer-Generated Polygenic Scores, 38 Harvard Journal of Law & Technology (forthcoming 2024) (with Sonia Suter)
Matthew Sag
Fairness and Fair Use in Generative AI, 92 Fordham Law Review 1887 (2024)
Copyright Safety for Generative AI, 61 Houston Law Review 295 (2023)
Ani B. Satz
Customary Corruption, 66 William and Mary Law Review (forthcoming) (with Liza Vertinksy)
Rethinking Health Law Architecture, Journal of Law, Medicine and Ethics (forthcoming 2024, in honor of the late Charity Scott)
Fred Smith Jr.
Younger and Older Abstention, 123 Michigan Law Review (forthcoming 2025)
Reconstructing Klein, 90 University of Chicago Law Review 1 (2023) (with Helen Hershkoff)
Mark Storslee
History and the School Prayer Cases, 110 Virginia Law Review (forthcoming 2024)
S.I. Strong
Judging Judiciaries: How Sticky Defaults, Status Quo Bias, and the Sovereign Prerogative Influence the Perceived Legitimacy of the New International Commercial Courts, 74 American University Law Review (forthcoming 2025)
John Witte Jr.
Un nuevo despertar de la libertad religiosa en Estados Unidos, 67 Ius Canonicum 193 (2024)
Alex Zhang
Fiscal Citizenship and Taxpayer Privacy, Columbia Law Review (forthcoming)
The Origins of US Territorial Taxation, 134 Yale Law Journal Forum (forthcoming 2024)
Books
Mary L. Dudziak
Princeton University Press plans to publish a 25th anniversary edition of Cold War Civil Rights: Race and the Image of American Democracy.
Martha Albertson Fineman
Vulnerability and the Organization of Academic Labor (with Graham Ferris) (Routledge, forthcoming 2024)
Vulnerability Theory: The Trinity Lectures, (Bristol University Press, forthcoming 2024)
John Witte Jr.
Le origini e il futuro della libertà religiosa in Europa e negli Stati Uniti (Il Mulino 2024) (with Andrea Pin)
Oxford Handbook on Christianity and Law (Oxford University Press 2023) (with co-editor Rafael Domingo)
Book Chapters
Mary L. Dudziak
“How Law, History, and Culture Enabled Perpetual War,” in Perpetual War and International Law: Legacies of the War on Terror (Brianna Rosen ed., forthcoming 2024)
John Witte Jr.
Counting My Blessings: A Response, in Faith in Law, Law in Faith: Reflecting and Building on the Work of John Witte, Jr. (Rafael Domingo, Gary S. Hauk & Timothy P. Jackson eds., 2024)
Presentations
On January 26, 2024, Tonja Jacobi, Jonathan R. Nash, Kevin Quinn, Matthew Sag, and Joanna M. Shepherd presented their research on judicial behavior and decision-making to judges at the Northern District of Georgia Federal Courthouse.
Deepa Das Acevedo
“Everyday Constitutionalism: Searching for Constitutional Morality in Contemporary India,” (Fulbright Scholar Award project) at the Asian and Middle Eastern Studies Seminar held at Emory University on December 1, 2023
Ifeoma Ajunwa
“Artificial Intelligence & Data Privacy,” at the Emory Law Journal Randolph W. Thrower Symposium, “The Promise and Challenge of Artificial Intelligence in the Information Age,” on February 8, 2024 (panelist)
Margo A. Bagley
“Genetic Resources and Associated Traditional Knowledge, Digital Sequence Information, and the Patent System," at the Harvard T.H. Chan School of Public Health conference "Indigenous Peoples, Traditional Knowledge, and Intellectual Property in International Law," on February 15, 2024
Mary L. Dudziak
The Resilience of Parliamentary Politics in Kuwait by Courtney Freer, book launch panel, co-hosted by Emory Law’s Center for the Study of Law and Religion and The Center for International and Comparative Law on April 11, 2024 (panelist)
“American Colonialism & Modern Liberal Constitutionalism,” at “The Constitution of Empire: Native Peoples and the Legal Infrastructure of US Imperialism," hosted by the NYU-Yale American Indian Sovereignty Project on April 4, 2024 (panelist)
"Constitutional Memories," at the William & Mary Bill of Rights Journal Symposium on Memory and Authority by Jack M. Balkin, hosted by William & Mary Law School on March 30, 2024 (panelist)
“Causes of the Korean War,” at “Korea: The First Forever War,” the 2024 LCPL Benjamin W. Schmidt Symposium on War, Conflict, and Society, hosted by Texas Christian University on March 22-23, 2024 (panelist)
“How Law, History and Culture Enabled Perpetual War," at a University of Colorado Law School faculty workshop on February 26, 2024
“The Legacy of the Korean War,” at the National Infantry Museum, co-hosted by Columbus State University on February 1, 2024 (panelist)
Martha Albertson Fineman
“FLT at 40: The Family and the Constitution of Everyday Life,” hosted by Emory Law’s Feminism and Legal Theory Project on February 23-24, 2024
“Social Vulnerability,” at “Simuvaction on AI: AI and Health Disparities on a Global Stage,” hosted by Emory University’s Center for Ethics, Georgia Institute of Technology, and the Consulate General de France in Atlanta, in January 2024
“A Workshop on Feminist Approaches to State and Governance,” hosted by Emory Law’s Vulnerability and the Human Condition Initiative, on December 15-16, 2023 (convenor)
George S. Georgiev
"Capital, Labor, and Evolution of 'Anglo-American' Corporate Governance,” at the Berle XVI Symposium on Corporations and Society, hosted by Seattle University School of Law on March 8-9, 2024
“Examining the use of Materiality as a Disclosure Standard—Can the Definition be Improved to Better Serve Investors?,” at the SEC's Investor Advisory Committee meeting, on March 7, 2024 (panelist)
ESG discussion between former SEC Commissioner Robert Jackson and current SEC Commissioner Hester Peirce, at the 2024 AALS Annual Meeting, Section on Securities Regulation, in Washington, DC, on January 4, 2024 (moderator)
“New Voices,” at the 2024 AALS Annual Meeting, Section on Securities Regulation, in Washington, DC, on January 3, 2024 (commentator)
The Corporate Republic, by Professor Stavros Gadini, held at UC Berkeley School of Law on December 14-15, 2023 (manuscript conference) (commentator)
“Financial Services/IOSCO Global Certificate Program for Securities Regulators,” hosted by the Harvard Law School Program on Financial Services on December 12, 2023 (panelist)
Tonja Jacobi
“Katz’s Imperfect Circle: An Empirical Study of Reasonable Expectations of Privacy,” at Harvard Law School's Law & Politics Workshop on April 2, 2024
“Institutional Design and the Predictability of Judicial Interruptions at Oral Argument,” and “Comparative Exceptionalism? Strategy and Ideology in the High Court of Australia,” at Australian National University's Political Science Department Workshop on March 21, 2024
“Institutional Design and the Predictability of Judicial Interruptions at Oral Argument,” at a University of New South Wales Law School Faculty Workshop on March 14, 2024
“Alternative Facts: An Empirical Study of Fact Manipulation in Criminal Procedure Cases,” at the University of Maryland Carey School of Law, Faculty Legal Theory Workshop on February 22, 2024
“Emory/Georgia State University Reproductive Rights Panel,” hosted by the Georgia Association for Women Lawyers on February 8, 2024
“Katz’s Imperfect Circle: An Empirical Study of Reasonable Expectations of Privacy,” George Mason University Antonin Scalia Law School Faculty Workshop on January 30, 2024
“Katz’s Imperfect Circle: An Empirical Study of Reasonable Expectations of Privacy,” at the 2024 AALS Annual Meeting, Criminal Procedure Section, Works-in-Progress session in Washington, DC, on January 6, 2024
Andrew Jennings
“Vice Capital” at the Junior Scholars Conference hosted by the University of Michigan in April 2024
"Vice Capital," at an Emory Law faculty colloquium in April 2024
“Criminal Recordkeeping,” at the Tel Aviv University Online Corporate Law Workshop in March 2024
"Criminal Subsidiaries,” at the 2024 AALS Annual Meeting, Business Associations, Works-in-Progress session in Washington, DC, on January 5, 2024
Matthew B. Lawrence
“Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability,” at the Critical Approaches to Public Law Workshop hosted by Boston College on April 19, 2024
"Regulating Addictive Design and Legal Challenges,” at “Legal Responses to Addictive Technologies: Addressing the Impact of Screens, Social Networks and Online Games on Kids Conference,” hosted by Seton Hall University School of Law on April 12, 2024 (panelist)
Kay L. Levine
“Qualitative Research Methods,” at the University of Alabama Law School on April 15, 2024
"Between Conflict and Cooperation in Second Look Sentence Review," at Suffolk Law School on April 3, 2024
“Principles of Prosecutor Lenience,” (by Jeffrey Bellin) at the 102 Texas Law Review symposium on the topic of mercy, on January 19, 2024 (commentator)
Nicole Morris
“AI, Innovation, & Policy,” at the SMU Science &Technology Law Review Symposium, “Artificial Intelligence, Law, Ethics, and Policy,” on February 23, 2024 (panelist)
“AI & IP Panel” at the “AI and Law: Navigating the Legal Landscape of Artificial Intelligence” symposium hosted by Northwestern Pritzker School of Law on February 16, 2024
“AI and Education,” at the LawDroid AI Conference, held online on January 30, 2024
Jonathan R. Nash
"Expertise, Ideology, and Dissent" at the Midwest Political Science Association Annual Meeting in Chicago, Illinois, on April 4-7, 2024
Northwestern University Buffett Institute for Global Affairs Book Talk Panel: Free to Judge, by Michael S. Kang & Joanna M. Shepherd, on April 3, 2024 (moderator)
"Culture and Private Enforcement" at the 15th Annual Society for Environmental Law & Economics Meeting hosted by Florida State University College of Law on March 23, 2024
"Precedent by Pedigree" at the Constitutional Law and Economics Conference hosted by the University of Maryland Carey School of Law on February 1-3, 2024
"Precedent by Pedigree," at a Temple Law School Faculty Colloquium on January 24, 2024
“Climate Change Nuisance Litigation in the US and Canada: Emulation and Divergence,” at “Institutions and Effective Climate Action: International and Comparative Perspectives,” co-hosted by Emory Law’s Center on Federalism and Intersystemic Governance and Queen’s University Faculty of Law (Canada) on December 1, 2023
Mark Nevitt
"The National Security Impacts of Climate Change," at the University of San Diego Law School on March 14, 2024
"The National Security Challenges of Climate Change," hosted by Georgetown University Law Center on March 7, 2024 (co-organizer, moderator)
“Green Amendments: Rights Based Environmentalism,” at the 2024 FIU Environment Forum, “Climate Tech and Coastal Resilience,” hosted by Florida International University on February 22, 2024
"Destroy, Rebuild, Repeat" at an Environmental Law Workshop hosted by the University of Colorado on February 1, 2024
“The State of American Climate Adaptation and Resilience" hosted by the Truman National Security Project on January 24, 2024 (panelist)
“Destroy, Rebuild, Repeat: Breaking the Climate Disaster Cycle,” at the 2024 AALS Annual Meeting, Environmental Law Section, Works-in-Progress session in Washington, DC, on January 5, 2024
“Arctic Security and Climate Change" hosted by the Ted Stevens Center for Arctic Security on December 13, 2023
"Climate Change's Legal Destabilization" hosted by Emory Law's Center for International and Comparative Law on December 3, 2023
Matthew Sag
"Use of Existing Music for Machine Learning" at the 2024 Vanderbilt Music Law Summit on April 3, 2024 (panelist)
“AI & Copyright Lawsuits,” hosted by the Beverly Hills Bar Association on March 26, 2024 (co-presenter)
“Artificial intelligence and Copyright Reform,” at the Copyright Forum hosted by the National Library of Australia on March 22, 2024 (keynote)
“AI in Law–Fact, Fiction, and the Future,” at the NALP Foundation Hiring Partner Conference on March 6, 2024 (panelist)
“Guardians of Authenticity: Navigating Deepfake Legality,” at the Bleckley and Cooper Inns of Court–Joint Program hosted by the US District Court for the Northern District of Georgia on February 26, 2024
“Copyright Law and AI,” hosted by the Emory Law and AI Society on February 22, 2024
"The Copyright Problem,” at the Emory Law Journal Randolph W. Thrower Symposium, “The Promise and Challenge of Artificial Intelligence in the Information Age,” on February 8, 2024 (panelist)
“AI and Creativity,” at “Public Domain Day” hosted by the Internet Archive on January 25, 2024 (panelist)
“Lost In Translation: The Limits Of Explainability In AI,” by Hofit Wasserman Rozen, Ran Gilad-Bachrach & Niva Elkin-Koren, at the 2024 AALS Annual Meeting in Washington, DC, on January 3-6, 2024 (panelist, commentator)
“Artificial Intelligence and IP in the 21st Century: Who Owns What?,” at the 2024 AALS Annual Meeting, Section on Intellectual Property, in Washington, DC, on January 5, 2024
Ani B. Satz
Training program on health law and policy for the Centers for Disease Control and Prevention on March 19, 2024
"Customary Corruption," at the Sixth Annual Consumer Law Scholars Conference, hosted by the University of California, Berkeley on February 29-March 1, 2024
"Rethinking Health Law Architecture" at the “Defining Health Law for the Future” symposium hosted by Georgia State University College of Law on February 15-16, 2024
Lindsey Simon
“Hot Topics in Opioids, Bankruptcy, and Public Health,” at the 2024 AALS Annual Meeting in Washington, DC, on January 3, 2024 (panelist)
Fred Smith Jr.
"How Should Lawyers Make Historical Arguments and What Kind of History Should They Use?," at the William & Mary Bill of Rights Journal Symposium on Memory and Authority by Jack M. Balkin, hosted by William & Mary Law School on March 29, 2024 (panelist)
“The Right to No,” at the Northwestern Pritzker School of Law Public Law Colloquium on March 7, 2024
“Inequality after Death,” at the 2024 Carolina Law Roundtable on Law & Inequality, Works-in-Progress, on January 26, 2024
“Contemporary Litigation in Field of State Constitutional Law,” at the State Democracy Research Initiative Roundtable in January 2024
S.I. Strong
“Rage Against the Machine: Governing the Use of AI in International Arbitration,” at the Atlanta Arbitration Society Annual Meeting on April 19, 2024 (keynote)
“Generative AI in Arbitration—Disaster or Deliverance?,” at the American Bar Association 2024 Dispute Resolution Section Spring Conference on April 11, 2024
“Choice of Law in Trust Arbitration,” at the Oxford Handbook of Comparative Trust Laws: The Conference on April 6, 2024
"Judging Judiciaries: How Sticky Defaults, Status Quo Bias and the Sovereign Prerogative Influence the Perceived Legitimacy of the New International Commercial Courts,” at the International Economic Law Colloquium hosted by Brooklyn Law School on March 18, 2024
David Yoo
"Platform Design for Digital Market," at the Society of International Economic Law Annual General Meeting in Taipei, Taiwan, on December 7, 2023
Alex Zhang
“Fiscal Citizenship and Taxpayer Privacy," at the Indiana University Maurer School of Law Tax Policy Colloquium on March 1, 2024
"“Fiscal Citizenship and Taxpayer Privacy” at the Tax Policy and Public Finance Colloquium, hosted by UCLA’s Lowell Milken Institute for Business Law and Policy on February 8, 2024
"Fiscal Citizenship and Taxpayer Privacy," and "The Origins of US Territorial Taxation," at the Junior Tax Scholars Workshop hosted by Pepperdine Caruso School of Law on January 2–5, 2024
Amicus Briefs & Testimony
George S. Georgiev testified on January 18, 2024, at the US House of Representatives Committee on Financial Services, Subcommittee on Oversight and Investigations hearing, “Oversight of the SEC’s Proposed Climate Disclosure Rule: A Future of Legal Hurdles.” Video
Cited
George S. Georgiev
Macquarie Infrastructure Corporation. v. Moab Partners, L.P. Part of the analysis relied on his 2021 article, “The Human Capital Management Movement in US Corporate Law.”
Andrew Jennings
Macquarie Infrastructure Corporation v. Moab Partners, L.P. Jennings’ article "Disclosure Procedure,” Maryland Law Review (2023), was cited in a brief filed by the Society for Corporate Governance.
Kay L. Levine
Levine’s article, “Evidence Laundering in a Post-Herring World," 106 Journal of Criminal Law and Criminology 627 (2016) (with Jenia Turner & Ron Wright) was cited in Wayne LaFave’s Search and Seizure: A Treatise on the Fourth Amendment (6th ed., Thomson Reuters 2024) See: § 1.6(i) Deterrence/cost balancing as to specific kinds of violations: the Herring approach.
Offices & Appointments
Deepa Das Acevedo was selected as the next editor in chief of the Political and Legal Anthropology Review. Her term begins mid-2024.
Margo A. Bagley was voted into membership of the Board of Directors of the Global Intellectual Property Alliance on February 22, 2024.
Mary L. Dudziak was appointed to the Editorial Advisory Board of the new University of North Carolina Press book series, “InterConnections: The Global 20th Century.”
George S. Georgiev was elected to the Executive Committee of the AALS Section on Securities Regulation.
Andrew Jennings was elected to the Executive Committee of the AALS Section on Securities Regulation.
Kay L. Levine was elected to the Executive Committee of the AALS Section on Criminal Procedure.
Polly J. Price became a life member of the American Law Institute, following her election 25 years ago. She was recognized at the Institute’s annual meeting in San Francisco.
S.I. Strong was invited to act as liaison between the American Society of Comparative Law and the International Academy of Comparative Law. She will solicit national reports for submission to the 2026 IACL International Congress and co-edit a special issue of the American Journal of Comparative Law.
Opinion, Essay, Review & Comment
Margo A. Bagley
Deploying Our Secret Weapon, Marquette Lawyer Magazine (Summer 2024)
George S. Georgiev
Justifying Sustainability Disclosure: Investor Demand vs Market Efficiency, Oxford Business Law Blog (February 22, 2024)
Tonja Jacobi
Supreme Court Launches Latest Salvo in War on Federal Government, Bloomberg Law, (January 22, 2024)
The Supreme Court Fails These Three Measures of a Justice System, Bloomberg Law(December 20, 2023)
Mark Nevitt
The Environmental Law of the Gaza Port Construction, Lawfire (March 17, 2024)
Assessing COP28: The New Global Climate Deal in Dubai, Just Security (December 18, 2023)
John Witte Jr.
Table Talks on Law and Religion, Canopy Forum (January 9, 2024)
Alex Zhang
Proposals to Restore Faith in Exempt Organizations, 183 Tax Notes (April 8, 2024) (with Jeffrey Pennell)
Quoted in the Media
From December through April, our faculty were expert sources or their research was cited roughly 140 times in national and regional media including ABC News, Ars Technica, the Associated Press, Atlanta Journal-Constitution, Atlanta News First, The Atlantic, Augusta Chronicle, Bloomberg Law, Business Insider, Capital B News, CBS News, CNN, C-SPAN, Corporate Counsel, Daily Report, The Dynamist, 11 Alive, ESG Dive, Fox 5 Atlanta, Georgia Law News, Georgia Public Broadcasting, Hearst News, The Hill, Just Security, KENS-TV, KNX 97.1, LAist,Law360, Lawfire, LPE Project, Metro Atlanta CEO, National Public Radio, National Law Journal, National Review, New York Post, New York Times, Pensions & Investments, Politico, preLaw, Scripps News, Spectrum News, Straight Arrow News, Times Higher Education, Washington Post, Yale Insights, Yahoo News, WABE 90.1, WBAL-TV, Wealth Advisor, WFAA-TV, Wired, WRBL, 95.5 WSB, and WZZM-13.
Faculty quoted: Ifeoma Ajunwa, Mary Anne Bobinski, Michael J. Broyde, Melissa D. Carter, Mary L. Dudziak, Martha Albertson Fineman, George S. Georgiev, Mindy Goldstein, Alicia Hughes, Tonja Jacobi, Andrew Jennings, Kay L. Levine, Nicole Morris, Terri Montague, Jonathan R. Nash, Mark Nevitt, Kamina A. Pinder, Matthew Sag, Joanna M. Shepherd, Lindsey Simon, Fred Smith Jr., and Alexander Volokh
Work from September-November 2023
Accolades
Deepa Das Acevedo's article, "From Mythic Saviors to #MeToo at the Indian Supreme Court," 8(2) Asian Journal of Law and Society 226 (2021) received the annual article prize from the AALS Section on Law and South Asia. The award was presented at the 2024 AALS conference.
On September 26, the American Law Institute announced that Asa Griggs Candler Professor of Law Margo A. Bagley was elected to membership. Read more.
Bagley also served as Friend of the Chair and sole Technical Expert for the UN WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in September 2023. At this session the 193 Member States of WIPO discussed creating a new treaty requiring genetic resource and associated traditional knowledge disclosure in patent applications.
Martha Albertson Fineman
This is the 40th anniversary year of the Feminism and Legal and Theory project, which Fineman started at the University of Wisconsin. It has traveled with her to Columbia University, Cornell University, and Emory. The FLT project will host workshops, visiting scholars, and other events to celebrate this significant anniversary. In 1990, the FLT project published the first anthology of feminist legal theory, At the Boundaries of Law, and has since published more than a dozen collections of pathbreaking feminist scholarship generated by FLT workshops and research.
Fineman’s work was included in a recent edition of the Texas A&M Law Review featuring the contributions of seven prominent scholars. Professor Deborah Dinner (formerly of Emory Law, now Cornell Law School) wrote “Fineman Speaks to Dobbs,” 10(4) Texas A&M Law Review (2023). Other scholars featured included Richard Epstein, Tom Ginsburg, Richard Delgado, and Rachel Moran.
George S. Georgiev, Emory's Order of the Coif President, co-hosted 2023 Order of the Coif Distinguished Visitor and Yale Law School Professor Oona Hathaway during her visit to Emory on October 26, 2023. She met with faculty, students, and representatives of the Carter Center and also delivered the lecture “International Law Goes to War in Ukraine: The Past, Present, and Future of the International Global Order,” at Emory Law’s Center for International and Comparative Law. Emory was one of three law schools selected following a competitive application process. (with Martha Albertson Fineman)
Fred Smith Jr. has been named an associate reporter on The American Law Institute’s Restatement of the Law, Constitutional Torts. Read more.
Randee Waldman received the Georgia Association of Criminal Defense Lawyers Indigent Defense Award on Saturday, November 4, 2023.
In November, Emory’s Center for the Study of Law and Religion (CSLR) announced $2 million in new gifts from the McDonald Agape Foundation. Funding will support the creation of a new international cohort of McDonald Distinguished Senior Fellows, the appointment of two new McDonald Residential Scholars, and the continuation of the McDonald Distinguished Professorship, held by John Witte Jr., CSLR faculty director and Woodruff Professor of Law. Read more
Books & Journals
Articles
Deepa Das Acevedo
Deities' Rights?, 2023 Journal of Law and Religion 1 (2023)
Margo A. Bagley
New Benefit-Sharing Principles for Digital Sequence Information, 382 Science 520 (with Michael Halewood, Markus Wyss & Amber Hartman Scholz)
Martha Albertson Fineman
Complexities of Care and Caring, 49(1) Signs: Journal of Women in Culture and Society (2023) (special issue with co-editors Linda Blum & Amber Jamil Musser)
Tonja Jacobi
The Fragile Legitimacy of the Supreme Court, 73 Emory Law Journal (2024)
The Role of Theory in Empirical Legal Studies, Elgar Online (Advanced Access Research Article)
Matthew B. Lawrence
Why Not Hospital Abolition?, Journal of Law, Medicine & Ethics (forthcoming 2024)
Public Health Law’s Digital Frontier: Addictive Design, Section 230, and the Freedom of Speech, 3 Journal of Free Speech Law (forthcoming 2024)
Kay L. Levine
The Public Voice of the Defender, 75 Alabama Law Review 157 (2023) (with Russell M. Gold)
John Witte Jr.
The New Fourth Era of American Religious Freedom, 74(6) Hastings Law Journal 1813 (2023) (with Eric Wang)
Reclaiming the Blessings of Religious Liberty: Religion and the American Constitutional Experiment, 25(3) Ecclesiastical Law Journal 283 (2023)
Kwanghyuk (David) Yoo
Transatlantic Development of Antitrust Jurisprudence: Bridging the Rule Gap in Patent Dispute Settlement Regulation, 70(4) Drake Law Review 807 (2023)
Books
Michael J. Broyde
Finding America in Leviticus: Reflections on Nation Building in the Twenty First Century (Wipf & Stock 2023) (with Reuven Travis)
Peter Hay
Advanced Introduction to Private International Law and Procedure (2nd ed., Edward Elgar 2023)
John Witte Jr.
The Oxford Handbook of Christianity and Law (Oxford University Press 2023) (with co-editor Rafael Domingo)
Table Talk: Short Talks on the Weightier Matters of Law and Religion (Brill 2023)
Book Chapters
Mary L. Dudziak
War, Peace, and Time in an Era of Perpetual War, in Perpetual War and International Law: Legacies of the War on Terror (Brianna Rosen ed., forthcoming 2024)
Matthew B. Lawrence
“A Vulnerability Approach to the ‘Right to Health Care’: Addressing Epistemic Vulnerability,” in Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty (Martha Albertson Fineman & Laura Spitz eds., 2023)
John Witte Jr.
The Protestant Reformations and Law, in Oxford Handbook on Christianity and Law (John Witte, Jr. & Rafael Domingo eds., 2023)
Christianity and Law in the Enlightenment, in Oxford Handbook on Christianity and Law, (John Witte, Jr. & Rafael Domingo eds., 2023) (with Harold J. Berman)
Christianity and Procedural Law, in Oxford Handbook on Christianity and Law, (John Witte, Jr. & Rafael Domingo eds., 2023) (with Mathias Schmoeckel)
Presentations
Deepa Das Acevedo
Acevedo was a plenary speaker at the annual meeting of the American Society of Comparative Law held in Miami, Florida, October 26-28, 2023. She was also a panelist for "Comparative Judicial Politics: Empirical Approaches.”
“The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India,” (Oxford University Press 2023), at the Center for Law, History and Culture at USC Gould School of Law on September 13, 2023, and at the University of Toronto Centre for Criminology and Sociolegal Studies, on September 11, 2023
John Felipe Acevedo
"Reclaiming the Chicago Principles and Campus Freedom of Speech for Critical Perspectives," at the Critical Legal Collective Inaugural Conference at Duke University School of Law on November 10-12, 2023
Margo A. Bagley
“Bench and Bar” panel with six Federal Circuit Court of Appeals judges, in Atlanta, on October 4, 2023 (moderator)
Presentations on the draft Design Law treaty, to members of the African Group of countries and the Group of Latin American and Caribbean States at the WIPO Special Session on the draft Design Law Treaty held in Geneva, Switzerland, October 2-6, 2023
Melissa D. Carter
Carter testified as an expert before the US Senate Judiciary Subcommittee on Human Rights and the Law on October 25, 2023, as part of a bipartisan investigation into the foster care system.
Karen Cooper
“A Helpful Alliance: Collaborating with a Doctrinal Professor on a Closed Memo Problem," at the Central States Legal Writing Conference, hosted by Drake University Law School, on September 23, 2023
Mary L. Dudziak
Dudziak participated in the Monograph Roundtable held at Emory Law on October 30, 2023.
“Legal Resistance to the National Security State,” at the annual meeting of the American Society for Legal History held in Philadelphia, Pennsylvania, on October 27, 2023 (commentator)
"The Laurel and the Cypress: The Culture of War Death and the Atrophy of Restraint Since Antietam," at the West Point Ethics and War Conference, held at West Point Military Academy on October 20, 2023
A discussion of “Americans in a World at War: Intimate Histories from the Crash of Pan Am's Yankee Clipper,”by Brooke Blower, at the Washington History Center, which is co-sponsored by the American Historical Association and the Woodrow Wilson Center, in Washington, DC, on October 16, 2023
Martha Albertson Fineman
“Colloquium in Legal and Political Philosophy,” held at Queens University (Canada) on October 3, 2023
“Vulnerability, Property, Housing, and the Constitution of Everyday Life,” inaugural session of a working group of scholars from South Africa, the UK, and the USA, in September 2023 (host)
“Reasoning from the Body: Universal Vulnerability and Collective Responsibility,” at “Vulnerabilities: Weaknesses, Threats, Resilience in the USA and in Global Perspective,” the 27th Biennial Associazione Italiana di Studi Nord-Americani Conference, held in in Narni, Italy, on September 22, 2023 (keynote)
“Contemporary Children & Families in Law, Policy and Practice,” hosted by the Centre for Child and Family Law and Policy, in Edinburgh, Scotland, on September 6-7, 2023 (keynote)
George S. Georgiev
Conference Plenary Discussion with Keynote Speaker Paul Washington, at the Lowell Milliken Institute Mini-Conference on Corporate Governance, Tax Law and Nonprofit Law, hosted by UCLA School of Law’s Lowell Milliken Institute for Business Law & Policy on October 30, 2023 (moderator)
"ESG and Corporate Sustainability: Global Perspectives on Regulatory Reform," hosted by the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law, on October 16, 2023 (panelist)
"Accessing Public Capital Without Public Disclosure," hosted by the Center for American Progress in Washington, DC, on October 11, 2023 (panelist) (with Renee Jones)
"Securities Law’s Public-Private Lines and the Structure of Private Equity,” based on a draft of his contribution to the Research Handbook on the Structure of Private Equity and Venture Capital, at an event hosted by Vanderbilt Law School on October 6, 2023
“The Law & Economics of Materiality” at the 10th Annual Corporate and Securities Litigation Workshop, hosted by Vanderbilt Law School on September 8, 2023
Darren Lenard Hutchinson
“Unpacking the Supreme Court: Voting Rights and Affirmative Action in 2023,” hosted by the Emerging 100 of Atlanta on November 17, 2023 (panelist)
“The Future of Race-Based Affirmative Action,” at the 2023 Meeting of the Association for Public Policy and Management on November 15, 2023 (panelist)
“Religion, Race & Social Justice Symposium,” with panelists from institutions including Harvard Divinity School, Yale Divinity School, Princeton Department of Religion, Emory's Candler School of Theology, Vanderbilt Divinity School, Spelman Department of Philosophy and Religion, Union Theological Seminary, and University of Florida Levin College of Law; hosted by Emory Law’s Center for Civil Rights and Social Justice on October 26-27, 2023 (organizer and host)
“Historical Perspective on Voting Rights,” at the “Advancing the Rule of Law in US Elections” symposium, co-hosted by Emory Law's Center for Civil Rights and Social Justice and The Carter Center, held at Emory Law on September 15, 2023 (moderator)
“Unreasonable: Black Lives, Police Power, and the Fourth Amendment,” discussion with author Devon W. Carbado at Emory Law on September 12, 2023 (organizer)
“National Lessons from the Frontlines in California, Washington, the Hopwood Era, and Beyond: Navigating Local Constitutional Restrictions,” at “Going Forward: The Role of Affirmative Action, Race, and Diversity in University Admissions and the Broader Construction of Society,” hosted by Seattle University School of Law on September 8, 2023 (panelist)
Tonja Jacobi
“Supreme Court Legitimacy: Stare Decisis, Democratic Institutions, and the Shadow Docket,” 23rd Annual Symposium on Ethics and Professionalism,” held at Emory Law on September 8, 2023 (host and organizer) (co-host, Georgia Association for Women Lawyers)
Andrew Jennings
“An Overview of the Corporate Transparency Act,” Emory Law’s Breakfast + Business Cards event hosted by Berman Fink Van Horn, PC, on November 17, 2023
"Three Strange Things About Corporate Criminals" to MSCHF, part of its internal lecture series, in Brooklyn, New York, September 2023
"Criminal Subsidiaries" (Fordham Law Review, forthcoming 2024) at “Corporate Law at a Crossroads,” hosted by the University of Wisconsin Law School on October 19, 2023
“The SEC Speaks – and Boards Must Listen!,” at the Fourth Annual Summit for Corporate Governance co-hosted by Greenberg Traurig LLP and the University of Nevada-Las Vegas William S. Boyd School of Law on September 22, 2023 (panelist)
“Scapegoat Subsidiaries,” based on his forthcoming Fordham Law Review article, at the Corporate & Securities Litigation Workshop hosted by Vanderbilt Law School on September 8, 2023
Kay L. Levine
"Cooperation and Conflict in Second Look Sentence Review" at "The Future of the Criminal Legal System: How Should a Multidoor Criminal Courthouse Operate?" Cardozo School of Law Journal of Conflict Resolution Melnick Symposium, on October 27, 2023 (with Ronald Wright)
Jonathan R. Nash
“Culture and Private Enforcement: An Experiment,” at the Midwestern Law and Economics Association Annual Meeting held in Bloomington, Indiana, in October 2023 (with Daniel Klerman, Cherie Metcalf & Diego Zambrano)
“Diversity Jurisdiction and Out-of-State Bias: An Experiment,” at the Canadian Law and Economics Association Annual Meeting held in Toronto, Canada, on October 20-21, 2023 (with Daniel Klerman)
“Expertise, Ideology, and Dissent,” at the Canadian Law and Economics Association Annual Meeting held in Toronto, Canada, on October 20-21, 2023 (with Paul Gugliuzza & Jason Rantanen)
“Do Federal Judges Appoint Magistrate Judges Based on Merit?,” at the Conference on Empirical Legal Studies, hosted by the University of Chicago Law School on October 13-14, 2023. He also served as commentator for "Estimating the Impact of Case Management in MDLs: Lone Pine Orders and Bellwether Trials" by Eric Helland.
"Are Trump Judges Less Collegial?" at a Symposium on Judicial Decision-Making hosted by Washington University in St. Louis School of Law in September.
Mark Nevitt
“Arctic Security, Climate Change, and Law of the Sea,” at the American Bar Association’s National Security Conference held on November 16, 2023 (organizer) (with Thad Allen, Kevin Lunday, & Sherri Goodman)
"Climate Change & National Security" at "Reimagining National Security,” hosted by the University of Chicago Law School on November 3, 2023
“Adapting Legal Frameworks to Address Climate Change in High Flood Risk Communities,” for Forerunner, a climate-tech startup, on November 1, 2023
"Destroy, Rebuild, Repeat: Breaking the Climate Disaster Cycle" at the University of Pennsylvania Carey Law School on October 11, 2023.
Matthew Sag
"Copyright and Generative AI" at Berry College in Rome, Georgia, on November 9, 2023
"Fairness and Fair Use in Generative AI," at the "The New AI" symposium hosted by Fordham Law Review on November 2, 2023
“Excepciones y limitaciones en favor de la investigación y la ciencia,” at Conversaciones Sobre Derechos De Autor En La Agenda Internacional,” hosted by Organizado por la Dirección Nacional del Derecho de Autor de la República Argentina, on October 19, 2023
"Copyright and Generative AI: Best practices for LLM Training and Recent Developments in US Litigation" at the Artificial Intelligence & Intellectual Property Forum held in Sydney, Australia, on October 13, 2023 (keynote)
"Artificial Intelligence and Creativity: The Role of Copyright" at the International Institute of Communications Australia, held in Sydney on October 12, 2023
“Mapping Copyright’s Application to Generative AI,” at American University Washington College of Law on September 29, 2023 (panelist)
“Fairness and Fair Use in Generative AI,” at the 12th Annual Peter A. Jaszi Distinguished Lecture on Intellectual Property, hosted by American University Washington College of Law, on September 28, 2023 (keynote)
“Copyright Safety for Generative AI,” George Washington University Law School faculty presentation, on September 27, 2023
“Disruptive Technologies in Historical Context,” at “Generative AI as a Creativity Tool? A Program to Explore Implications,” hosted by UC Berkeley School of Law on September 22, 2023 (panelist)
“Copyright and Generative AI,” at the Copyright and Technology 2023 Conference hosted by the Copyright Society of New York at Fordham University School of Law on September 14, 2023 (panelist)
John Witte Jr.
“The New Great Awakening of Religious Freedom in America Today,” The Richard O'Sullivan Annual Memorial Lecture, in London, on September 26, 2023.
Kwanghyuk (David) Yoo
"Transatlantic Development of Antitrust Jurisprudence," at the 2023 Annual Meeting of the American Society of Comparative Law in Miami, Florida, on October 28, 2023 (panelist)
Alex Zhang
“Separation of Structures," based on his forthcoming Virginia Law Review article, at the “Power in the Administrative State Workshop” on November 3, 2023
“Ostracism and Democracy” guest lecture at Northwestern University School of Law based on his New York University Law Review Online essay, in October 2023
“Fiscal Citizenship and Taxpayer Privacy,” at the Tax Research Network Conference hosted by Cambridge University, United Kingdom, on September 5, 2023
Amicus Briefs
Alex Zhang
In Moore v. United States, No. 22-800, based on Zhang’s forthcoming article, Rethinking Eisner v. Macomber, 92 George Washington Law Review (2024) (with Paul Koster & the Emory Law School Supreme Court Advocacy Program)
Cited
George S. Georgiev’s June 2022 comment letter to the Securities and Exchange Commission, signed by 30 corporate and securities law scholars, was quoted in a letter signed by 25 members of Congress to Securities and Exchange Commission Chair Gary Gensler on Sept. 26, 2023.
Andrew Jennings
Jennings’ article, State Securities Enforcement, 47 Brigham Young University Law Review 67 (2021), was cited in the amicus brief of West Virginia and seventeen other states in Securities and Exchange Commission v. Jaresky, __ U.S. __.
U.S. Deputy Attorney General Lisa Monaco announced a new Department of Justice-wide M&A Safe Harbor Policy that allows M&A acquirers to avoid criminal successor liability under certain circumstances. Monaco's announcement and the new policy echoed reasoning and proposals found in Jennings' recent article "The Market for Corporate Criminals,” 40(2) Yale Journal on Regulation 520 (2023).
Offices & Appointments
Margo A. Bagley will serve on the BlueRemediomics Innovation Board, a EU, UK, and Swiss government funded project that unites an international consortium of experts with a goal of developing novel tools and approaches to explore marine microbiome data.
Bagley also accepted an invitation to join the Scientific Advisory Board of the Max Planck Institute for Innovation and Competition.
Tonja Jacobi, Jonathan R. Nash, and Joanna M. Shepherd were elected co-presidents of the Society for Empirical Legal Studies. The Society’s 2024 Conference on Empirical Legal Studies will be held at Emory Law.
Michael W. Meier was appointed an associate fellow at the Geneva Centre for Security Policy in Geneva, Switzerland.
George B. Shepherd was elected to serve as the next president of Emory’s University Senate and the next chair of the Faculty Council.
Opinion, Essay, Review & Comment
Michael J. Broyde
AI and Jewish Law: Seeing How ChatGPT 4.0 Looks at a Novel Issue—Part I, II and III, Canopy Forum (October 3, 2023)
Tonja Jacobi
“Criticisms of Trump Gag Orders Echo Supreme Court’s Selectivity,” Bloomberg Law (November 13, 2023)
“A Donald Trump Gag Order Would Be a Test for the Justice System,” Bloomberg Law (October 24, 2023)
"US Supreme Court Expands Ambitious Agenda on Free Speech, Guns," Bloomberg Law (September 26, 2023)
Michael W. Meier
“Expert Guidance: Law of Armed Conflict in the Israel-Hamas War,” Just Security (October 17, 2023) (with Ryan Goodman & Tess Bridgeman)
Jonathan R. Nash
"Assessing the Denial of Mark Meadows' Attempt at Removal," Daily Report (September 13, 2023)
Mark Nevitt
“The Environmental Law of the Border Wall,” Lawfare (October 11, 2023)
Jennifer Murphy Romig
Reduce, Remove, Reveal, review of Subtract: The Untapped Science of Less (2021) by Leidy Klotz, 20 Legal Communication & Rhetoric 139 (2023)
Matthew Sag
A 38-page submission to the US Copyright Office's notice of inquiry and request for comments in Artificial Intelligence and Copyright, Docket No. 2023-6 (with Pamela Samuelson & Christopher Sprigman)
Atieno Samandari
Review of The Cambridge Handbook of Environmental Justice and Sustainable Development (Sumudu A Atapattu, Carmen G Gonzalez & Sara L Seck eds), in 14 Journal of Human Rights and the Environment 219
Alex Zhang
Zhang’s article was reviewed on the taxprof blog “Layser Reviews Zhang’s Eisner v. Macomber And The Future Of The Realization Requirement.” (September 1, 2023)
Quoted in the Media
From September through November, our faculty were expert sources or their research was cited 64 times in national and regional media including Athens Banner-Herald, Bloomberg Law, Chattanooga Times Free Press, CNN, The Cross and Gavel, Daily Beast, Daily Report, The Economist, EFE, Law360, Madness Café, A More Perfect Podcast, NPR, Financial Times, The Hill, Semafor, Sword & Quill, Wall Street Journal, Wired, and WXIA-11Alive.
Faculty quoted: John Felipe Acevedo, George S. Georgiev, Mindy Goldstein, Tonja Jacobi, Andrew Jennings, Matthew B. Lawrence, Kay L. Levine, Michael W. Meier, Jonathan R. Nash, Mark Nevitt, Matthew Sag, and John Witte Jr.
Work from May-August 2023
Accolades
Deepa Das Acevedo received a Public Scholarship Advancement Fund grant from Emory's Center for Faculty Development and Excellence for her forthcoming book project, The War on Tenure.
Margo A. Bagley has been named a McDonald Distinguished Senior Fellow at Emory’s Center for the Study of Law and Religion.
Ira Bedzow, senior fellow in the Center for the Study of Law and Religion, has been selected to lead the Emory Purpose Project, a signature element of the Student Flourishing initiative. Read more.
Kay L. Levine received a $24,150 Wilson Center for Science and Justice grant, which will fund a new empirical project she designed with Professor Ron Wright of Wake Forest University School of Law. They will conduct interviews in 10 prosecutor offices across the country that have created sentence review units to proactively look for defendants in state prisons whose sentences would now be regarded an unjust or unnecessarily long.
On July 12, Professor of Law and Artificial Intelligence, Machine Learning, and Data Science Matthew Sag testified before the US Senate Committee on the Judiciary Subcommittee on Intellectual Property in a hearing titled, “Artificial Intelligence and Intellectual Property – Part II: Copyright.” Read more.
Books & Journals
Articles
Michael J. Broyde
The Worst Choice for School Choice: Tuition Tax Credits Are a Bad Idea After Carson, and Direct Funding is Wiser, Columbia Journal of Tax Law (forthcoming 2024) (with Anna Gabianelli)
Learning Law in Elementary and High School: Innovating Civics Education for a More Empowered Citizenry, Northwestern Journal of Law and Social Policy (forthcoming 2024) (with Ariel Liberman)
William J. Carney
The SEC's False Premise for Emission Disclosure Requirements, 51(2) Securities Regulation Law Journal 109 (2023)
Is The Second Amendment Outdated Or Misinterpreted?, Southern Illinois University Law Journal (forthcoming 2024)
Martha Albertson Fineman
The Significance of Understanding Vulnerability: Ensuring Individual and Collective Well-Being, 36 International Journal for the Semiotics of Law 1371 (2023)
George S. Georgiev
Labor's Role in Corporate Governance: Theory, Policy, and the AI Challenge, 99 Chicago-Kent Law Review (forthcoming 2024)
Andrew Jennings
Scapegoat Subsidiaries 92 Fordham Law Review (forthcoming 2024)
101 Lawyers: Attorney Appearances in Twitter v. Musk, 73 Duke Law Journal Online (forthcoming 2023)
The Public’s Companies, 29 Fordham Journal of Corporate and Financial Law (forthcoming 2023)
The Market for Corporate Criminals, 40 Yale Journal on Regulation 520 (2023)
Disclosure Procedure, 82 Maryland Law Review 920 (2023)
Matthew B. Lawrence
Second-Class Administrative Law, 101 Washington University Law Review (forthcoming 2024)
Kay L. Levine
Law in Inaction: The Origins and Implications of Chronic Drug Law Underenforcement in One Southern County, Journal of Criminal Law and Criminology (forthcoming 2024) (with Elizabeth Griffiths, Volkan Topalli & Josh Hinkle)
Mark Nevitt
What the Russia-Ukraine Conflict Means for Climate Change and Energy Security, 84 Ohio State Law Journal (forthcoming 2023)
Climate Change and the Law of National Security Adaptation, 118 Northwestern University Law Review Online 126 (2023)
Fred Smith Jr.
Abolition and Civil Justice: An Exercise in Dialectic, 111 California Law Review (forthcoming 2024)
Martin W. Sybblis
Corporate Law as Decolonization UCLA Law Review (forthcoming 2024)
Alex Zhang
Rethinking Eisner v. Macomber, and the Future of Structural Tax Reform, 92 George Washington Law Review (forthcoming 2024)
Books
ifeoma Ajunwa
The Quantified Worker, Law and Technology in the Modern Workplace (Cambridge University Press 2023)
Martha Albertson Fineman
Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty (with Laura Spitz) (Routledge, forthcoming 2024)
Joanna M. Shepherd
Free to Judge, The Power of Campaign Money in Judicial Elections (Stanford University Press 2023) (With Michael S. Kang)
Book Chapters
Ira Bedzow
Religious Viewpoints: Judaism, in Xenotransplantation: Ethical, Regulatory, and Social Aspects (Daniel J. Hurst, Luz Padilla & Wayne D. Paris eds., 2023)
John Witte Jr.
Resisting Political Authority to Protect Faith and Morality: Enduring Lessons from the Lutheran Reformation,” in The Impact of Political Economy on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (Piet Naudé, Michael Welker & John Witte Jr. eds., 2023)
Presentations
Deepa Das Acevedo
Das Acevedo served as the 2023 Complaints Ombud for the Law & Society Association Annual Meeting in San Juan, Puerto Rico, June 1-4, 2023.
John Felipe Acevedo
“Addressing Property Inequality," and “Zoning the Obscene Body,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 2, 2023 (chair/discussant)
“Heir's Property and the Uniform Partition of Heirs Property Act: Challenges, Solutions, and Historic Reform,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 2, 2023 (reader)
“Stacked Decks: Building Inspectors and the Reproduction of Urban Inequality,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 2, 2023 (chair)
Ifeoma Ajunwa
“Quantified Racism,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 4, 2023
Margo A. Bagley
“Building Pipelines to Innovation,” at the ICDS (JEDI)-Dickinson Law Symposium, “Inclusive Innovation, AI, and Big Data,” hosted by Penn State Institute for Computational and Data Sciences and Penn State Dickinson Law, on August 10, 2023 (panelist)
“Increasing Diversity in the Profession,” at the Increasing Diversity in Innovation Second Annual Conference at the United States Patent & Trademark Office, on August 1, 2023 (panelist)
“How NIH Chooses What to Patent and License,” at “Transforming Discoveries into Products: Maximizing NIH’s Levers to Catalyze Technology Transfer,” hosted by the National Institutes of Health Office of Science Policy, on July 31, 2023 (panelist)
“Chair’s Text of a Draft International Legal Instrument Relating to Intellectual Property, Genetic Resources, and Traditional Knowledge Associated with Genetic Resources,” African Regional Meeting on the Diplomatic Conference on Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources (World Intellectual Property Organization/Government of Algeria), held in Algiers, Algeria, on June 25-27, 2023
“CRISPR Patent and Licensing Policy for Latin America,” Inter-American Development Bank project, Argentina Ministry of Agriculture, in Buenos Aires, in May 2023
Mary L. Dudziak
Work-in-progress workshop on Randall Kennedy's book manuscript, From Protest to Law: Triumphs and Defeats in Struggles for Racial Justice, 1950-1970 (forthcoming, Knopf), at Georgia State University College of Law on May 9, 2023
Martha Albertson Fineman
Virtual keynote address for "Vulnerability, Justice, and Law: New Challenges,” the XVI (Argentinian) Conference on Judicial Law, held at the Public Bar Association of the Federal Capital, on August 17, 2023, with workshops at Universidad Austral
“Reflecting Back on 40 Years of the Feminism and Legal Theory (FLT) Project: Innovation and Assimilation” at the 2023 US Feminist Judgments Summer Feminist Legal Theory Series on June 28, 2023 (organizer and panelist)
Fineman organized the following presentations by visiting scholars:
- FLT visiting scholar Mary Joe Maduabum presented her research on international intellectual property law and vulnerability theory on August 23, 2023
- “Contracts and Relationships of Love and Trust” by visiting scholar Timothy Dodsworth on July 21, 2023
- FLT visiting scholar Hui Wang presented her research analyzing Chinese legislation and policies regarding vulnerable children on June 8, 2023
- The Feminism and Legal Theory Project and the Making of Critical Legal Thought in the United States,” by FLT visiting scholar Samuel S. Burry on May 19, 2023
George S. Georgiev
“The SEC’s ESG Reporting Rule: Understanding the Debate over Climate-Risk Disclosure Requirements,” with the Hon. Paul Ray, director of the Heritage Foundation’s Thomas A. Roe Institute for Economic Policy Studies (and former Administrator of the Office of Information and Regulatory Affairs), hosted by the Federalist Society’s Regulatory Transparency Project, on May 2, 2023 (speaker)
“ESG Intersections in Business Law,” Business Law Workshop at the Southeastern Association of Law Schools 2023 Conference on July 26, 2023
“Human Capital as a Mission-Critical Factor: New Evidence & Legal Implications,” at the
University of Minnesota Law School conference: “Corporate Governance at Work” on June 29, 2023 (paper presenter)
“Human Capital as a Mission-Critical Factor: New Evidence & Legal Implications,” at the 14th Annual National Business Law Scholars Conference, hosted by the University of Tennessee, Knoxville, College of Law on June 16, 2023 (paper presenter)
“Human Capital as a Mission-Critical Factor: New Evidence & Legal Implications,” at the American Law and Economics Association 33rd Annual Meeting, hosted by Boston University School of Law, on June 9, 2023 (paper presenter)
“Human Capital as a Mission-Critical Factor: New Evidence & Legal Implications,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 2, 2023 (paper presenter)
“Summit On Workforce Valuation & Performance,” part of the the University of Michigan Ross School of Business, Business+Impact Social Innovation Series, on May 11-12, 2023 (invited participant)
Darren Lenard Hutchinson
“Combating Evolving Forms of Hierarchy," and “Speech, Liberation, and Oppression: Understanding the Backlash to Critical Race Theory,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 4, 2023 (chair/discussant)
Kay L. Levine
“The Public Voice of the Defender,” at the annual Emory-UGA Summer Symposium, in July 2023
“The Public Voice of the Defender,” (with Russell Gold) at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 4, 2023
“The Unconstitutional Conditions Vacuum in Criminal Procedure,” at the Markelloquium hosted by New York Law School on May 5, 2023
Jonathan R. Nash
“Expertise, Ideology, and Dissent,” at the American Political Science Association Annual Meeting, in Los Angeles, California, on August 31, 2023 (with Paul Gugliuzza & Jason Rantanen)
“Diversity Jurisdiction and Out-of-State Bias: An Experiment,” at the Emory-UGA Workshop, in July 2023 (with Daniel Klerman)
“Prediction Markets for Climate Adaptation,” at the Society for Environmental Law and Economics Annual Meeting in Cambridge, United Kingdom, in June 2023 (with Shi-Ling Hsu)
“Prediction Markets for Climate Adaptation,” at the Sustainability Conference of American Legal Educators, hosted by Arizona State University Sandra Day O’Connor College of Law, on May 11, 2023 (with Shi-Ling Hsu)
Mark Nevitt
“The Power of Environmental Law,” for the US Navy JAG Corps’ Region Legal Service Office Western Pacific in Yokosuka, Japan, on August 25, 2023
“Destroy, Rebuild, Repeat,” at the UCLA/University of Colorado-Boulder Environmental Law Symposium in August 2023
“Water Security and National Security,” at the Truman National Security Project Conference held in Washington, DC, on June 2, 2023 (panelist)
“Maritime Environmental Security,” at the US Naval War College’s 5th Annual Alexander C. Cushing International Law Conference, in Newport, Rhode Island, on May 23-25, 2023 (organizer and commentator)
“Climate Law, Policy, and Planning—What’s Next for Georgia?,” at the Georgia Climate Conference in Athens, Georgia, on May 16, 2023
Fred Smith Jr.
“Originalism and Democracy,” at the Law & Society Association Annual Meeting in San Juan, Puerto Rico, on June 4, 2023
David Yoo
"Antitrust Balancing of Innovation and Competition in Patent Dispute Settlement Regulation," at the 14th Annual National Business Law Scholars Conference hosted by the University of Tennessee, Knoxville, College of Law on June 16, 2023 (panelist)
Cited
George S. Georgiev
SEC Commissioner Caroline Crenshaw cited Georgiev’s 2021 article, “The Breakdown of the Public–Private Divide in Securities Law: Causes, Consequences, and Reforms,” in her August 23, 2023, “Statement Regarding Private Fund Advisers Rulemaking.”
Georgiev’s 2022 blog post, “Climate Change, West Virginia v. EPA, and the SEC’s Distinctive Statutory Mandate,” (with Jill E. Fisch, Donna M. Nagy & Cynthia A. Williams) was cited in a letter to US Securities and Exchange Commission Chair Gary Gensler dated August 7, 2023, which was signed by more than 75 members of Congress.
Opinion, Essay, Review & Comment
Mary L. Dudziak
"The Unhappy Legal History of the War Powers Resolution" in Modern American History (August 7, 2023)
Mark Nevitt
“Senator Tuberville’s Dangerous Military Promotion Ploy,” Just Security (July 25, 2023)
“Can Law Adapt to Meet the Climate Crisis?” Lawfare (June 23, 2023)
Alex Zhang
“Between History and Poetry in Judging: Zhang on Outside In: The Oral History of Guido Calabresi,” Legal History Blog (May 5, 2023)
Quoted in the Media
From May through August, our faculty were expert sources, published op-eds, or their research was cited 147 times in national and regional media including ABC News, AOL, the Atlanta Journal Constitution, Atlanta Business Chronicle, the Australian Broadcasting Company, Axios, the BBC, CNN, Daily Beast, Daily Report, the 538 podcast, German Public Radio, Hearst Television, The Hill, Huffington Post, Law360, MSNBC, NPR, the New York Times, Nexstar, Politico, Politifact, Salon, the Saporta Report, Scripps News, Spectrum News, UPI, USA Today, Voice of America, Vox News, and Wired, as well as four Atlanta television stations, and many other local newspapers and radio stations.
Faculty quoted: Deepa Das Acevedo, John Acevedo, Ifeoma Ajunwa, Lynsey Barron, Michael Broyde, Morgan Cloud, George Georgiev, Mindy Goldstein, Alicia Hughes, Darren Hutchinson, Tonja Jacobi, Kay Levine, Terri Montague, Jonathan Nash, Mark Nevitt, Kevin Quinn, Matthew Sag, Lindsey Simon, Fred Smith, and Alexander Volokh.
Visit the news archive.
Work from February-April 2023
In memoriam
Human rights legend Johan van der Vyver
Johan David van der Vyver, legendary human rights scholar, anti-apartheid activist, and I.T. Cohen Professor of International Human Rights, died on May 22, 2023, in Pretoria, South Africa. He was 89. Read more.
Accolades
Asa Griggs Candler Professor of Law Margo A. Bagley was requested to serve as Friend of the Chair for the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore, for 2023-2024, by committee Chair Lilyclaire Bellamy of Jamaica. Bagley previously served as Friend of the Chair to Chair Ian Goss of Australia from 2016-2022.
Emory Law Associate Professor George S. Georgiev is among a select group of researchers who received funding from the Ford Foundation this spring, as part of a far-reaching project on how some of the biggest companies in the United States manage and compensate their employees. The grant will allow Georgiev to expand research for his forthcoming study, “Human Capital as a Mission-Critical ESG Factor: New Evidence & Legal Implications.” Read more.
John Witte Jr. was named Emory Law’s Black Law Students Association 2023 Professor of the Year.
Books & Journals
Articles
Deepa Das Acevedo
The War on Tenure, Tennessee Law Review (forthcoming 2023)
The Past as a Colonialist Resource, Duke Law Journal (forthcoming)
William J. Carney
The SEC's False Premise for Emission Disclosure Requirements, Securities Regulation Law Journal (forthcoming 2023)
Mary L. Dudziak
The Unhappy Legal History of the War Powers Resolution, Modern American History (forthcoming)
Benjamin R. Farley
Regulating the Foreign-Fighter Phenomenon, 64 Virginia Journal of International Law (forthcoming 2023)
Martha Albertson Fineman
The Significance of Understanding Vulnerability: Ensuring Individual and Collective Well-being, International Journal for the Semiotics of Law (forthcoming)
George S. Georgiev
The Market-Essential Role of Corporate Climate Disclosure, 56 UC Davis Law Review 2105 (2023)
Is “Public Company” Still a Viable Regulatory Category?, 13 Harvard Business Law Review 1 (2023)
Tonja Jacobi
The Law of Disposable Children: Interrogations in Schools, 75 Alabama Law Review (forthcoming 2024) (with Riley Clafton)
Pyrrhic Victories: The Mirage of Winning at the Supreme Court, 109 Iowa Law Review (forthcoming 2024) (with Clare G. Willis)
Supreme Court Interruptions and Interventions: The Changing Role of the Chief Justice, 103 Boston University Law Review (forthcoming 2023) (with Matthew Sag)
Kay L. Levine
The Unconstitutional Conditions Vacuum in Criminal Procedure, Yale Law Journal (forthcoming) (with Jonathan R. Nash & Robert A. Schapiro)
The Public Voice of the Defender, 75 Alabama Law Review (forthcoming 2023) (with Russell M. Gold)
Jonathan R. Nash
The Unconstitutional Conditions Vacuum in Criminal Procedure, Yale Law Journal (forthcoming) (with Kay L. Levine & Robert A. Schapiro)
The Summary Judgment Revolution That Wasn’t, 65 William & Mary Law Review (forthcoming 2023/2024) (with D. Daniel Sokol)
When Is Methodology Binding? 109 Iowa Law Review (forthcoming 2023/2024)
Beliefs, Information, and Institutions: Public Perception of Climate Change Information Provided by Government Versus the Market, 47 William & Mary Environmental Law & Policy Review 1 (2022) (with Cherie Metcalf)
Mark Nevitt
The Legal Crisis within the Climate Crisis, 76 Stanford Law Review (forthcoming 2024)
Climate Security Insights from the COVID-19 Response, 98(3) Indiana Law Journal 815 (2023)
Kevin M. Quinn
Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions, 49 Brigham Young University Law Review (forthcoming 2023) (with Stuart Benjamin & ByungKoo Kim)
Matthew Sag
Forward Looking Academic Impact Rankings for US Law Schools, Florida State University Law Review (forthcoming)
Supreme Court Interruptions and Interventions: The Changing Role of the Chief Justice, 103 Boston University Law Review (forthcoming 2023) (with Tonja Jacobi)
Ani B. Satz
Federalism, State Action, and Workers’ Medical Privacy, Indiana Law Journal (forthcoming)
Health In All Education: A Transdisciplinary Learning Outcomes Framework, 64(5) American Journal of Preventative Medicine 772 (2023) (with Rosemary M. Caron, Sabrina Neeley, Christina Eldredge, Allen C. Goodman, Daniel B. Oerther, Tanya Smith Brice & Dawn M. Whitehead)
Joanna M. Shepherd
The Whack-a-Mole Game: An Empirical Analysis of the Regulation of Litigant Third Party Financing, Theoretical Inquiries in Law (forthcoming) (with Ronen Avraham)
Martin W. Sybblis
Offshore Entanglements: Economic Identity, Legal Institutions, and Post-Colonial Prosperity, UC Davis Law Review (forthcoming 2023)
Alexander Volokh
Taxing Nudity, Journal of Free Speech Law (forthcoming)
The Myth of the Private Nondelegation Doctrine, Notre Dame Law Review (forthcoming)
Alex Zhang
Separation of Structures, 110 Virginia Law Review (forthcoming 2024)
Books
Laurie R. Blank
International Conflict and Security Law (Edward Elgar 2023)
John Witte Jr.
In Defense of the Marital Family (Brill 2023)
Raíces Protestantes del Derecho (Aranzadi 2023) (translator and ed., Rafael Domingo)
Paul J. Zwier II
Critical Race Theory and the American Justice System: How Juries Wrestle with Racial Prejudice, (Cambridge Scholars Publishing 2023)
Book Chapters
Margo A. Bagley
Tool Time: The Continuing Relevance of Compulsory Licensing as a Patent Policy Tool, in Improving Intellectual Property: A Global Project (Susy Frankel et al. eds., 2023)
George S. Georgiev
Disclosure as an Ascendant Corporate Governance Tool, in Oxford Handbook on Corporate Law and Governance (2nd ed.) (Jeffrey N. Gordon & Wolf-Georg Ringe eds., forthcoming 2024)
Securities Law’s Public-Private Lines and the Structure of Private Equity, in Research Handbook on the Structure of Private Equity and Venture Capital (Brian Broughman & Elisabeth de Fontenay eds., forthcoming 2024)
John Witte Jr.
Foreword, in Christianity, Ethics, and the Law: The Concept of Love in Christian Legal Thought (Zachary Calo, Joshua Neoh & Keith Thompson eds., 2023)
‘We Must Obey God Rather Than Men’: Lutheran Resistance Against Pope and Emperor in the Reformation Era, in Uncivil Disobedience: Theological Perspectives (David Gides ed., 2023)
Presentations
Silas W. Allard
“The Legacy of Trump v. Hawaii at the Intersection of Immigration and Religious Freedom,” Religious Liberty Law Section, State Bar of Georgia, on April 19, 2023
Margo A. Bagley
“‘Just’ Sharing: The Virtues of Digital Sequence Information Benefit-sharing for the Common Good,” Traditional Knowledge and Modern Justice Workshop, at Harvard Law School in April 2023
“Consideration of Digital Sequence Information in the CBD and other UN Fora,” GIZ ABS Capacity Development Initiative webinar on April 28, 2023 (panelist)
“Innovator Ecosystem Diversity as a Global Competitiveness Imperative,“ The Honorable Helen Wilson Nies Memorial Lecture, at Marquette University Law School on April 20, 2023
“Diversity in IP,” hosted by the Georgia Institute of Technology Law, Science and Technology Program on April 3, 2023 (panelist)
“Dipcons, Biodiversity, and Concrete . . . Oh My!,” hosted by Emory Law’s Center for International and Comparative Law on March 28, 2023
DreyFEST Festschrift Honoring Rochelle Dreyfuss (Patent Panel), at New York University School of Law on March 24, 2023 (panelist)
“Highlights from the Innovator Diversity Pilots Conference,” at the 20th Annual IP and Social Justice CLE Seminar, hosted by the Institute for Intellectual Property and Social Justice on March 3, 2023
“Impact of the UN's Biodiversity Treaty on International Research Collaborations and Tech Transfer Track(s),” at the 2023 AUTM Annual Meeting in Austin, Texas, on February 21, 2023 (with Rebecca Adler Miserendino & Amber Scholz)
Mary L. Dudziak
“The Korean War Origins of Forever War,” Keith L. Nelson Lecture in International History, at the University of California, Irvine, on April 27, 2023
“The Korean War Origins of Forever War,” Georgia State Phi Alpha Theta Conference at Columbus State University on April 15, 2023 (keynote)
Undergraduate Honors Thesis Colloquium, at Emory University’s Fox Center for Humanistic Inquiry on March 29, 2023 (moderator)
Book manuscript workshop for Historical Gloss and Foreign Affairs: How Governmental Practices Shape Constitutional Authority by Curtis Bradley (Harvard University Press), at University of Chicago Law School on March 24, 2023 (participant)
“Whose Rule of Law?” Randolph W. Thrower Symposium, at Emory Law on February 2, 2023
Benjamin R. Farley
“Cyber War Crimes and the Russia-Ukraine War,” at the Texas Tech Law Review 2023 Criminal Law Symposium: Russia, Ukraine, and the Challenge of Wartime Accountability, on April 14, 2023 (panelist)
George S. Georgiev
“The Future of Fintech” Conference, at the University of Michigan Ross School of Business on April 21, 2023 (commentator)
Conference on Standardized Corporate Social Responsibility Reporting, at the University of Florida Levin College of Law on February 17, 2023 (panelist)
Transatlantic Sustainable Finance Regulation Webinar: SFDR Meets SEC, hosted by Yale University, Dublin City University, and UCD Dublin, on February 10, 2023 (panelist)
Mindy Goldstein
“Practices to Build, Sustain, and Teach Resilient Hope in the Midst of a Long-Term Struggle for Social Change,” at the 2023 Association of American Law Schools Conference on Clinical Legal Education on April 28, 2023 (panelist)
Timothy R. Holbrook
“Territoriality, Extraterritoriality, and the Risks of Exhaustion of Patent Rights via Cross Border Licenses,” at the University of Szeged on April 28, 2023
“Competing Economic Theories of Patent Law and Their Consequences,” at the University of Szeged on April 27, 2023
IP at the Supreme Court Series: Abitron Austria GmbH v. Hetronic International, Inc., at American University Washington College of Law on March 21, 2023
Jonathan R. Nash
“International Environmentalism: A Global Approach to Global Challenges,” at the 2023 William & Mary Environmental Law & Policy Review Symposium, on February 17, 2023 (panelist)
Mark Nevitt
“The Invasion of Ukraine One Year In,” at The University of Michigan Law School on March 29, 2023
“Human Security & Justice,” at the 2023 Ohio State Law Journal Symposium, “The Ukraine War and Its Legal Ramifications for Climate,” on February 24, 2023 (panelist)
“Current Trends in Maritime and Naval Conflicts,” at the 72nd Annual Virginia Journal of International Law Symposium, “China vs. Taiwan: Using Current Conflicts to Predict the Future,” on February 21, 2023 (panelist)
“The Legal Crisis within the Climate Crisis,” at the University of Tennessee College of Law Distinguished Speaker Series on February 2, 2023
Michael J. Perry
“Continuing the Conversation: Early Arguments and Contemporary Thoughts,” hosted by Emory Law’s Center for International and Comparative Law on February 22, 2023
Polly J. Price
Uniform Law Commission, Public Health Emergency Authority Drafting Committee, on February 10-11, 2023 (observer participant)
Martin W. Sybblis
“Law, Identity, and Economic Development in the Postcolonial Era: The Case of the Northern Atlantic and Larger Caribbean Regions,” at Princeton School of Public and International Affairs on April 21, 2023 (convenor, presenter)
John Witte Jr.
Virtual book launch and discussion of The Case for Parental Choice by John E. Coons, hosted by Notre Dame Law School via Zoom, on March 30, 2023
Christian Legal Society meeting at Emory Law on March 30, 2023
“Law, Christianity, and Racial Justice Symposium,” convened by McDonald Distinguished Fellows Brandon Paradise and Terri Montague, at the Center for the Study of Law and Religion on March 29, 2023 (roundtable)
Emory Law Visiting Day for Admitted Students on March 25, 2023
40th Anniversary of Emory Law’s Center for the Study of Law and Religion on March 22, 2023 (host)
McDonald Distinguished Fellows Symposium, at Emory Law on March 16-18, 2023 (host)
Engaging the Culture Series: “Crosses, Creches, and Commandments: Protecting Religious Symbols in Public Life,” at Cornerstone Presbyterian Church on March 3, 2023
Festschrift in honor of Robert W. Woodruff Professor of Law Michael J. Perry, at Emory Law on February 22, 2023 (host)
“The Present and Future of Religious Freedom,” UC Hastings Law Journal Annual Symposium on February 3, 2023 (keynote)
Cited
George S. Georgiev’s research was cited in the Center for American Progress report, “How Exemptions From Securities Laws Put Investors and the Economy at Risk,” published on March 22, 2023.
Georgiev’s research was also cited by Professor Gina-Gail Fletcher of Duke University in her testimony, “Sophistication or Discrimination? How the Accredited Investor Definition Unfairly Limits Investment Access for the Non-wealthy and the Need for Reform,” before the US House of Representatives Committee on Financial Services, Subcommittee on Capital Markets, on February 8, 2023.
And, Georgiev’s research was cited by Center for American Progress Senior Director Alexandra Thornton in her testimony, “Empowering Entrepreneurs: Removing Barriers to Capital Access for Small Businesses,” before the US House of Representatives Committee on Financial Services, Subcommittee on Capital Markets, on February 8, 2023.
Offices & Appointments
In March 2023, Benjamin R. Farley was elected to the board of the Lieber Society Interest Group of the American Society of International Law.
Opinion, Essay, Review & Comment
Mary L. Dudziak
“Forever War Chronicles, pt. 1: How, exactly, did Truman decide not to seek a war declaration for the Korean War?” Balkinization (March 2, 2023)
Benjamin R. Farley
“War crimes as warfare: Russian conscription of Ukrainians living under occupation,” Jurist (February 3, 2023)
Tonja Jacobi
“Thomas gives himself a pass, but judges others by the book,” Bloomberg Law (April 21, 2023)
“More judicial reforms are needed, but observers diverge on scope,” Bloomberg Law (March 30, 2023) (with Charles Geyh & William Ross)
“Female justices still interrupted at argument, but Barrett less,” Bloomberg Law (March 30, 2023)
Mark Nevitt
“Can we reconcile clean energy goals with national security?” Lawfire (April 27, 2022)
“Assessing military operations in the Black Sea a year into Russia’s full-scale invasion of Ukraine,” Just Security (February 21, 2023)
“Think globally on climate, act locally on leaf blowers,” Regulatory Review (February 6, 2023)
George B. Shepherd
“Emory, stop supporting Glenn Church’s homophobic discrimination,” Emory Wheel (April 19, 2023)
Quoted in the Media
Margo A. Bagley
“You may call yourself a Grady baby, but who owns the phrase?” Atlanta Journal-Constitution (March 8, 2023)
Ira Bedzow
“AJFF film examines right to die issues,” Atlanta Jewish Times (February 16, 2023)
Melissa Carter
“Georgia kids in foster care face obstacles to access mental health services,” Atlanta Journal-Constitution (April 6, 2023)
Morgan Cloud
“Trump’s malfeasance with Marcy Wheeler & Morgan Cloud,” Politics War Room with James Carville and Al Hunt (February 23, 2023)
George S. Georgiev
“US executive pay bucked falling stock market in 2022,” Financial Times (April 16, 2023)
“Puerto Rico’s search for stability,” Politico (March 28, 2023)
“Fear of climate lawsuits spreads beyond fossil fuel industry,” Climatewire (March 27, 2023)
“JP Morgan faces tough battle to make Jes Staley pay for Epstein ties,” Financial Times (March 12, 2023)
“Fact check: Jimmy Carter put his peanut farm into a blind trust during presidency,” USA Today (February 24, 2023)
Timothy R. Holbrook
“White House proposal would prohibit full bans on trans student-athletes,” Atlanta News First (April 6, 2023)
Alicia Hughes
“Emory law professor speaks on the continued impact of Emmett Till's murder, how his accuser wasn't indicted,” 11 Alive (April 27, 2023)
“Abortion pill decision: It boils down to this,” 11 Alive (April 22, 2023)
“The Supreme Court preserves abortion pill access—temporarily,” Wired (April 21, 2023)
“Supreme Court preserves access to abortion pill during on-going legal battle,” Atlanta News First (April 19, 2023)
Darren Lenard Hutchinson
“Reflecting on Selma’s ‘Bloody Sunday’ 58 years later,” Scripps News (March 5, 2023)
Kristin N. Johnson
“Experts discuss future of cryptocurrency at Emory Law conference,” The Champion (February 9, 2023)
Kay L. Levine
“Emory Law professor provides insight on Trump hush money case,” 11 Alive (April 4, 2023)
“Will Trump's indictment in New York impact Georgia's 2020 election probe?” Fox 5 Atlanta (March 31, 2023)
“Trump expected to turn himself in early next week, lawyers say,” Atlanta News First (March 30, 2023)
“Ga.'s DA oversight bill elicits hope and fear In legal circles,” Law360 (March 30, 2023)
“Ga. Republicans push for prosecutorial oversight amid Trump election probe,” Washington Post (March 7, 2023)
Jonathan R. Nash
“Legal experts flag Ga. high court's judicial ethics stance,” Law360 (April 11, 2023)
“Will Judge Coomer have to pay? Ethics experts weigh in,” Daily Report (November 8, 2022)
Mark Nevitt
“Climate change and the legal system: Why the U.S. Constitution needs to adapt, with law professor Mark Nevitt,” America Adapts (April 10, 2023)
Jennifer Murphy Romig
“Plausibility vs. precision: Georgia lawyers and experts weigh ethics of ChatGPT,” Daily Report (March 2, 2023)
Matthew Sag
“Audiobook narrators fear Apple used their voices to train AI,” Wired (February 14, 2023)
“Let’s stop pretending—ChatGPT isn’t that smart,” Barron’s (February 13, 2023)
“If you still aren't sure what ChatGPT is, this is your guide to the viral chatbot that everyone is talking about,” Business Insider (February 1, 2023)
Ani B. Satz
“A fight for justice: Why the family of Matthew Zadok Williams is suing DeKalb County,” Capital B News (March 20, 2023)
Fred Smith Jr.
“A new investigative report claims Justice Clarence Thomas received expensive gifts from a Republican megadonor,” WABE 90.1 (April 10, 2023)
“Legal expert weighs in on Georgia's abortion law hearings,” Fox 5 Atlanta (March 28, 2023)
“Comedians’ Atlanta airport racial profiling suit faces qualified immunity challenge,” Capital B News (February 28, 2023)
“Mississippi Republicans want separate police force for white, Black areas,” Newsweek (February 10, 2023)
Martin W. Sybblis
“Richardson-Augustus speaks at Princeton,” Bernews (April 27, 2023)
Alexander Volokh
“A slight win over the administrative state,” Los Angeles Daily News (April 23, 2023)
“Abortion rights advocates speak out against potential nationwide abortion pill ban,” Fox 5 Atlanta (April 16, 2023)
Work from November 2022 to January 2023
Accolades
UN endorses creating global fund reflecting Bagley’s research
The most recent United Nations Convention on Biological Diversity (CBD) conference yielded an ambitious global agenda that ranges from reversing species extinction and cutting worldwide food waste in half, to closing “a biodiversity finance gap of $700 billion per year.” The CBD also recommended creating a multilateral benefit-sharing fund for digital sequence information (DSI) on genetic resources, something Asa Griggs Candler Professor of Law Margo A. Bagley advocates, based on more than a decade of research. Read more.
Books & Journals
Articles
William J. Carney
The Exit Theory of Judicial Appraisal, 28 Fordham Journal of Corporate and Financial Law 1 (2023) (with Keith Sharfman)
Rafael Domingo
The Spirit of Christianity and Law, 38(1) Journal of Law and Religion (forthcoming 2023)
Por que a espiritualidade é importante para o direito: uma explicação,” 3(3) Revista Intercontinental de Literatura Jurídica 296 (2022)
Martha Albertson Fineman
Rights, Resilience, and Responsibility, 71 Emory Law Journal 1435 (2022)
George S. Georgiev
The SEC’s Climate Disclosure Rule: Critiquing the Critics, 50 Rutgers Law Record 101 (2022)
Mark Nevitt
What the Russia-Ukraine Conflict Means for Climate Change, Ohio State Law Journal (forthcoming 2023)
Climate Change and the Law of National Security Adaptation, Northwestern University Law Review Online (forthcoming 2023)
Matthew Sag
Legal Reform to Enhance Global Text and Data Mining Research, 378 (6623) Science 951 (2022) (with Sean M. Flynn, Jorge L. Contreras, et al)
David Yoo
Transatlantic Development of Antitrust Jurisprudence: Bridging the Rule Gap in Patent Dispute Settlement Regulation, 70(4) Drake Law Review (forthcoming 2023)
Modular Business Legal Research: Concepts and Insights, 115 Law Library Journal (forthcoming 2023)
Books
Rafael Domingo
Law and Religion in the Secular Age has been accepted for publication by the Catholic University of America Press (forthcoming 2023).
Derecho y Trascencencia [Law and Transcendence] (Aranzadi, forthcoming 2023)
Law and Christianity in Poland: The Legacy of Great Jurists (Routledge 2023) (with co-editor Franciszek Longchamps de Bérier). Domingo also contributed the book’s chapter “Karol Józef Wojtyła, Pope John Paul II (1920–2005)"
John Witte Jr.
The Impact of the Media on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (with Michael Welker, Jürgen von Hagen & Stephen Pickard eds.) (2022)
The Impact of Education on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (with Stephen Pickard & Michael Welker eds.) (2022)
Book chapters
Martha Albertson Fineman
The Importance of Incorporating Feminist Perspectives in Corporate Law, in Feminist Judgments: Corporate Law Rewritten, (A.M. Choike, U. R. Rodrigues & K.A. Williams eds., 2023)
Atieno Mboya
Law and Public Procurement in Kenya: A Human Vulnerability Analysis, in Gender, Vulnerability Theory and Public Procurement: Perspectives on Global Reform (S.N. Nyeck ed., forthcoming 2023)
Role of Law and Policy in Achieving Climate Goals: Case of Kenya, in Encyclopedia on the Sustainable Development Goals in Africa and the Middle East Region (Springer, forthcoming 2023)
Presentations
Silas W. Allard
“Conversation with an Author on Christianity and the Law of Migration,” hosted by the Society for Christian Ethics in Chicago, on January 5-8, 2023
Margo A. Bagley
“A Tale of Two DipCons: Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions at WIPO,” at the Association of American Law Schools Annual Meeting, held in San Diego, California, on January 4, 2023
Innovator Diversity Pilots Conference, hosted by Santa Clara University School of Law, on November 18, 2022 (co-organizer/presenter)
“Access and Benefit-sharing for Digitial Sequence Information: The State of Debate,” at the Global Workshop on DSI on Genetic Resources for Food and Agriculture, hosted by the United Nations’ Food and Agriculture Organization Commission on Genetic Resources for Food and Agriculture, held in Rome, Italy, on November 14-15, 2022
Informal Retreat on Digital Sequence Information on Genetic Resources, hosted by The Hague in The Netherlands, in November 2022 (expert participant)
Rafael Domingo
“Future Virtuous Spaces of the Global Common Good,” hosted by the International University of La Rioja, in Madrid, Spain, on December 12, 2022 (panelist)
Mary L. Dudziak
“The Politics of Death in the US War in Vietnam,” Fellows Works-in-Progress Forum hosted by Emory University’s Fox Center for Humanistic Inquiry, on January 25, 2023
A workshop on the manuscript Military Medicine and the Hidden Costs of War by Tanisha Fazal (forthcoming Oxford University Press), on December 9, 2022 (reader/commentator)
“Ideology in US Foreign Relations: New Histories,” based on the book by Christopher Nichols and David Milne, hosted by the National History Center at the Wilson Center and the American Historical Association, on November 14, 2022 (discussant)
“The War in Ukraine and the Implications for Human Rights Law and the Law of Armed Conflict,” for Emory Law’s American Constitution Society and International Law Society, on November 3, 2022 (panelist)
Martha Albertson Fineman
“Responding to Inevitable Inequality,”at the Vulnerability, Justice, and the Human Condition Seminar Series, on December 13, 2022
“Injury—Beyond Equality and Discrimination,” at the Vulnerability, Justice, and the Human Condition Seminar Series hosted by Trinity College’s (Dublin) Centre for Forced Migration Studies and Centre for Resistance Studies, on November 22, 2022
“Vulnerability and Social Justice,” at the Vulnerability, Justice, and the Human Condition Seminar Series organized by Trinity College’s (Dublin) Centre for Forced Migration Studies and Centre for Resistance Studies, on November 1, 2022
Richard D. Freer
“How to Effectively Use Mediation within Litigation and Arbitration? Novel Procedural Ideas for the Practice of Dispute Resolution–Exploring the Ways Forward,” at "Solidarity Arbitration and Mediation Days," on November 18, 2022, in Warsaw, Poland (panelist)
George S. Georgiev
“The ESG Movement in Corporate Law,” hosted by Emory Law’s Center for International and Comparative Law, on January 25, 2023
“Human Capital as a Mission-Critical ESG Factor: New Evidence and Legal Implications,” at Organization of Social Impact/ESG Workshop, hosted by UC-Berkeley School of Law, on November 7, 2022
Mindy Goldstein
“Drawdown Georgia: Energy, Agriculture, and Transportation Policy Responses to Mitigate Climate Change,” for the Institute for Georgia Environmental Leadership program, on January 23-26, 2023 (panelist)
Timothy R. Holbrook
Discussed his book project, Patents, Property, and Possession, at a University of Denver Sturm College of Law faculty colloquium on January 17, 2023
Kristin Johnson
“What’s Next for Crypto,” at the 8th Annual TI:GER Innovation Conference, held at Emory Law, on January 26, 2023 (keynote)
Kay L. Levine
“Mass Incarceration in the Modern Era: How Did We Get Here, and What Should We Do to Reverse Course?” at "Ending Mass Incarceration," a multifaith conference held at Atlanta’s Ebenezer Baptist Church, on January 11, 2023.
Nicole Morris
The 8th Annual TI:GER Innovation Conference, “What’s Next for Crypto?,” held at Emory Law, on January 26, 2022 (organizer/moderator)
Jonathan R. Nash
“Major Questions at the Supreme Court: Implications for Risk Analysis," at the Society for Risk Analysis 2022 Annual Meeting held in Tampa, Florida, on December 4-8, 2022 (panelist)
“When Does Legal Methodology Constitute Binding Precedent?,” at a Notre Dame Law School faculty colloquium, held in South Bend, Indiana, in November 2022
“An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction,” Notre Dame Law & Economics Workshop, held in South Bend, Indiana, in November 2022 (with Daniel Klerman)
Mark Nevitt
"The Legal Crisis within the Climate Crisis," at the Association of American Law Schools Annual Meeting (Section on Environmental and Natural Resources Law), on January 6, 2023
"The Legal Crisis within the Climate Crisis," at the Southeastern Junior/Senior Conference held at Florida State University School of Law, on December 2, 2022
“Why Should National Security Lawyers Care About Climate Change?,” American Bar Association Section on National Security Law, held in Washington, DC, on November 17, 2022 (panel organizer, moderator)
Kamina A. Pinder
“Let's Talk About Teaching: A Discussion of Innovative Pedagogy in Legal Education," at Emory Law’s Center for International and Comparative Law, on December 5, 2022
Matthew Sag
“Automatic Takedowns: How ContentID Has Changed Copyright Enforcement,” hosted by Benjamin Cardozo School of Law, on November 10, 2022 (panelist)
Magdalena Tulibacka
“Where are the European and American Civil Justice Systems Headed?,” at Emory Law’s Center for International and Comparative Law, on January 5, 2023
John Witte Jr.
“American Religious Freedom: Founding Principles, Current Cases and New Challenges,” for the Religious Liberty Law Section of the State Bar of Georgia, on January 18, 2023
Cited
George S. Georgiev’s article, “The Breakdown of the Public-Private Divide in Securities Law: Causes, Consequences, and Reforms,”18 New York University Journal of Law and Business 221 (2021), was cited in US Securities and Exchange Commission Commissioner Caroline Crenshaw’s speech, “Big ‘Issues’ in the Small Business Safe Harbor: Remarks at the 50th Annual Securities Regulation Institute,” on January 30, 2023.
Amicus Briefs
Timothy R. Holbrook partnered with the Emory Law School Supreme Court Advocacy Program to co-author an amicus brief with Professors Margaret Chon and Marketa Trimble in Abitron Austria GmbH v. Hetronic International, Inc.
Opinion, Essay, Review & Comment
Margo A. Bagley
“Guest Post – All Together Now: The Innovator Diversity Pilots Conference,” PatentlyO (November 18, 2022) (with Colleen V. Chien)
Rafael Domingo
Review of The Blessings of Liberty. Human Rights and Religious Freedom in the Western Legal Tradition (2022) by John Witte Jr., in 44(2) Revista de Estudios Histórico-Jurídicos 958 (2022)
“El posibilismo de Antonio Garrigues Díaz-Cañabate,” Diario ABC (January 22, 2023)
“Benedict XVI, a Wise and Humble Pope,” Exaudi Catholic News (Janary 1, 2023) (in English and Italian; also published in Spanish for CNN en Español on January 4, 2023)
Mary L. Dudziak
“When History Becomes Precedent in the OLC,” part of The Balkinization 20th Anniversary Symposium on the Present State of Constitutional Theory (January 16, 2023)
Mark Nevitt
“The Egypt Climate Change Summit: Four Key Questions to Help Frame COP27,” Just Security (November 8, 2022)
Review of “To Rule the Waves: How Control of the World’s Oceans Shapes the Fate of the Superpowers,” by Bruce D. Jones, Duke University School of Law Lawfire Blog (November 6, 2022)
Offices & Appointments
Margo A. Bagley has been appointed a member of the US Defense Advanced Research Projects Agency’s Ethical, Legal, Societal Issues Team for the Bio-Inspired Restoration of Aged Concrete Edifices project.
Mark Nevitt has been appointed to the Council on Strategic Risks Working Group on Climate, Nuclear, and Security Affairs. The council is based in Washington, DC.
Quoted in the Media
Mary Anne Bobinski
“Emory Law Introduces an Initiative to Help Diversify Environmental Lawyers,” National Jurist (January 18, 2023)
“Emory University School of Law Announces Initiative to Diversify Practice in Environmental Law,” Metro Atlanta CEO (January 9, 2023)
“AJC On Campus: Legislative Priorities, Chancellor’s Nine-Month Mark,” Atlanta Journal-Constitution (January 9, 2023)
Carlissa Carson
“As Veterans Day Arrives, Ga. Legal Clinics Continue to Help Military Members,” Daily Report (November 11, 2022)
Mary L. Dudziak
“President’s Humanities Fellows Find an ‘Oasis’ at the Fox Center for Humanistic Inquiry,” Emory News Center (December 13, 2022)
George S. Georgiev
“Elon Musk’s $50 Billion Trial Comes to an End,” CNN Business (November 18, 2022)
“Julgamento Sobre Pagamento de US$ 50 Bi a Musk Chega ao Fim Nesta Sexta (18)” CNN Brasil (November 18, 2022)
Mindy Goldstein
“Emory Law Launches Environmental DEI Initiative,” Daily Report (January 12, 2022)
“Emory University School of Law Announces Initiative to Diversify Practice in Environmental Law,” Metro Atlanta CEO (January 9, 2023)
Timothy R. Holbrook
“Bill Protecting Same-Sex, Interracial Marriages Heads to President’s Desk,” Decaturish (December 8, 2022)
“Georgia Activists Eager for Federal Bill Protecting Same-Sex Marriage to Become Law,” Fox 5 Atlanta (November 30, 2022)
Tonja Jacobi
“Kavanaugh’s Holiday Party Appearance Renews Supreme Court Ethics Questions,” Bloomberg (December 12, 2022)
Kay L. Levine
“New Bill Would Set Mandatory Minimum Sentences for Gang Recruitment,” Capitol Beat (January 31, 2023)
Mark Nevitt
“Recapping the UN Climate Talks,” Just Security podcast (December 3, 2022)
Matthew Sag
“First AI Art Generator Lawsuits Threaten Future of Emerging Tech,” Bloomberg Law (January 20, 2023)
“Unpaid Taxes Could Destroy Porn Studio Accused of Copyright Trolling,” Ars Technica (January 3, 2023)
Fred Smith Jr.
“As South Carolina Shows, Abortion Battles Are Moving to State Courts,” Augusta Chronicle (January 16, 2023)
“Ga. Lawmakers Push Back on Testifying in Trump Probe,” Daily Report (January 12, 2023)
“Georgia's Tax Exemption for Fetuses Comes With a Host of Questions,” Yahoo News (January 10, 2023)
“Georgia Abortion Ban: Judge Overturns State's Ban on Abortion After 6 Weeks,” Fox 5 Atlanta, Associated Press (November 15, 2022)
“Groups Praise State Supreme Court’s Ruling on Covington Confederate Statue,” Covington News (November 2, 2022)
Work from August-October 2022
Books & Journals
Articles
Silas W. Allard
Race, Equality, Citizenship, and Belonging: Reading James Baldwin and Wong Kim Ark, 37(2) Journal of Law and Religion (2022) (with M. Christian Green, Vincent Lloyd & David True)
Michael J. Broyde
A Tale of Two Pandemics? How a Law for Torah Reading Became a 'Dead Letter' in the Wake of the Black Death—and Was Brought Back to Life by COVID-19, Studies in Judaism, Humanities, and the Social Sciences, Annual Review 2021-22, 271 (2022) (with Steven Weiner)
Religious Values in Secular Institutions? Yeshiva University and the Future of Religiously Affiliated (but Secularly Chartered) Higher Education in America, 10 Journal of Law, Religion and State 53 (2022)
The Rule of the Talmud vs. the Rule of Rabbinic Consensus in the Orach Chaim Section of Rabbi Yeheil Mikjel Epstein's Arukh HaShulhan, 30 Jewish Law Annual 61 (2022)
Rafael Domingo
Redefining Nursing Solidarity, 29(3) Nursing Ethics 651 (2022) (with Marta Domingo-Osle)
Benjamin R. Farley
Detainee Transfers and the Principle of Non-refoulement in Relation to “Non-belligerent Supporting States” in Non-international Armed Conflicts, 27(2) Journal of Conflict and Security Law 185 (2022)
Martha Albertson Fineman
Fineman's proposal for a special issue on "Vulnerability and Law," has been accepted by the International Journal for Semiotics of Law, forthcoming in 2023.
Rights, Resilience, and Responsibility, 71 Emory Law Journal 1435 (2022)
George S. Georgiev
Human Capital as a Mission-Critical ESG Factor: New Evidence and Implications, 20 Berkeley Business Law Journal (forthcoming 2023)
“Climate Change, West Virginia v. EPA, and the SEC’s Distinctive Statutory Mandate,” 47(4) ABA Administrative and Regulatory Law News (August 2022) (with Jill E. Fisch, Donna M. Nagy & Cynthia A. Williams)
Georgiev’s article, Too Big to Disclose: Firm Size and Materiality Blindspots in Securities Regulation, 64 UCLA Law Review 602 (2017), has been translated into Chinese by Securities Law Review (China). The academic journal, published by the Chinese Stock Exchange, also plans to translate Georgiev’s article, The Human Capital Management Movement in US Corporate Law, 95(3) Tulane Law Review 639 (2021), in 2023.
Darren Lenard Hutchinson
Thinly Rooted, 65(2) Arizona Law Review (forthcoming 2023)
Continuous Action Toward Justice, 37(1) Journal of Law & Religion 63 (2022)
“With All the Majesty of the Law”: Racism, Punitive Sentiment, and the Failure of Equal Protection, 110 California Law Review 371 (2022)
Kay L. Levine
Protecting Constitutional Rights from Unconstitutional Conditions, 56 UC Davis Law Review 247 (2022) (with Jonathan R. Nash & Robert A. Schapiro)
Hallie Ludsin
Ushering Immigration Law into the Constitutional Mainstream: An Empirical Inquiry into Immigration Exceptionalism, Brooklyn Law Review (forthcoming 2022) (with Matthew Lindsay & Anthony DeMattee)
Frozen in Time: The Supreme Court's Outdated, Incoherent Jurisprudence on Congressional Plenary Power over Immigration, 47(3) North Carolina Journal of International Law 433 (2022)
Jonathan R. Nash
Personal Jurisdictional Limits Over Plaintiff Class Action Claims 96(4) Southern California Law Review (forthcoming 2023)
Protecting Constitutional Rights from Unconstitutional Conditions, 56 UC Davis Law Review 247 (2022) (with Kay L. Levine & Robert A. Schapiro)
Mark Nevitt
Climate Change and the Specter of Statelessness, 35 Georgetown Environmental Law Journal (forthcoming 2023)
John Witte Jr.
Law at the Backbone: The Christian Legal Ecumenism of Norman Doe, 24 Ecclesiastical Law Journal 192 (2022)
Foreword, to Festschrift for Michael J. Perry, 71 Emory Law Journal i (2022)
Back to the Sources! What’s Clear and Not so Clear About the Original Intent of the First Amendment, 47 Brigham Young University Law Review 1303 (2022)
Books
Michael J. Broyde
Finding America in Exodus: A Blueprint for 'A More Perfect Union' in the 21st Century (Wipf & Stock 2022) (with Reuven Travis)
Rafael Domingo
Law and Christianity in Poland: The Legacy of Great Jurists (Routledge, forthcoming 2023) (with co-editor Franciszek Longchamps de Bérier)
Magdalena Tulibacka
‘Delivering Justice. A Holistic and Multidisciplinary Approach.’ Liber Amicorum in Honour of Christopher Hodges (Hart Publishing 2022) (with co-editors Xandra Kramer, Stefaan Voet, Lorenz Kodderitzsch & Burkhard Hess)
John Witte Jr.
Character Formation, Ethical Education and the Communication of Values in Late Modern Pluralistic Societies, vols. 5-10 of 10 (co-editors Michael Welker et al, 2022-2023)
Oxford Handbook on Christianity and Law (Oxford University Press, forthcoming 2023) (co-editor, Rafael Domingo)
Religious Freedom and Human Rights in Europe and America (Il Mulino, forthcoming 2023) (in Italian, with Andrea Pin)
Talk Table: Short Reflections on the Weightier Matters of Life and the Law (Brill, forthcoming 2023)
The Marital Family Sphere (Brill, forthcoming 2023)
Toward a New Reformation of Rights: Calvinist Contributions to Modern Human Rights, 1776-1948 (Cambridge University Press, forthcoming)
Book Chapters
Margo A. Bagley
The Draft Design Law Treaty’s Forbidden Words, in Design Law: Global Law and Practice (Dana Beldiman ed., forthcoming 2023)
Rafael Domingo
Karol Józef Wojtyła, Pope John Paul II (1920–2005), in Law and Christianity in Poland: The Legacy of the Great Jurists (Franciszek Longchamps de Bérier & Rafael Domingo eds., forthcoming 2023)
Mary L. Dudziak
An Uncountable Casualty: Ruminations on the Social Life of Numbers,” in After Life: A Collective History of Loss and Redemption in Pandemic America (Rhae Lynn Barnes, Keri Leigh Merritt & Yohuru Williams eds., 2022)
Hallie Ludsin
The Extraordinary Constitutional Right to Use Preventive Detention, in the Cambridge Companion Guide to the Constitution of India (forthcoming 2023)
Presentations
Margo A. Bagley
“Just (some of) the Facts”: Pharma Patent Rhetoric and Access to Medicines, Program on Regulation, Therapeutics, and Law (PORTAL) meeting, hosted by the division of Pharmacoepidemiology and Pharmacoeconomics at Brigham and Women's Hospital in Boston, Massachusetts, on September 14, 2022
“Patent Scope and Duration,” for the Harvard Law School-WIPO PatentX Training Program, in September 2022
“Patent Claims and the Article ‘A’: Only One or More Than One and Other Impactful
Words/Punctuation,” Strafford CLE presentation on August 4, 2022
“Digital Sequence Information Benefit-Sharing in the CBD and Nagoya Protocol,” for the African Biodiversity Negotiators meeting in Libreville, Gabon, held in August 2022
Rafael Domingo
“Solidarity, Christianity, and Law,” seminar hosted by Emory’s Center for the Study of Law and Religion on October 12, 2022
“The New Global Law,” at the University of Cordoba School of Law, Spain, on September 20, 2022
“Dignity and Belonging in Church, State, and Family,” at the 6th ICLARS Conference: “Human Dignity, Law, and Religious Diversity: Designing the Future of Inter-Cultural Societies,” held in Cordoba, Spain, on September 19, 2022 (panelist)
“Toward a Global Canon Law Centered on the Human Person,” at the 17th Congress of the Consotiatio Internationalis Studio Iuris Canonici Promovendo, held at the Catholic University of Paris on September 13, 2022 (keynote)
Mary L. Dudziak
“War, Death, and Democracy,” from her book manuscript in progress: Going to War: An American History (forthcoming, Oxford University Press), at the Works in Progress Workshop, held at the Fox Center for Humanistic Inquiry on October 26, 2022
“The Gloss of War: The Misuses of History in US War Powers Precedent,” at Emory Law’s Center for International and Comparative Law on September 28, 2022
Martha Albertson Fineman
The American Academy of Arts and Sciences Member Roundtable on American Democracy: Legal Community on October 19, 2022 (participant)
"Reasoning from the Body," at the Vulnerability, Justice, and the Human Condition Seminar Series organized by Trinity College, in Dublin, Ireland, co-hosted by The Centre for Forced Migration Studies and The Centre for Resistance Studies, on October 11, 2022
Artist Talk featuring Jody Wood, Martha Albertson Fineman, Titti Mattsson, and Ulrika Andersson, organized by the Skövde Art Museum and moderated by Tomas Asplund Gustafsson on September 9, 2022
"Vulnerability Theory" at the NETHATE Summer School on Human Rights and Religion on June 14, 2022
George S. Georgiev
“The Market-Essential Role of Corporate Climate Disclosure,” at the UC Davis Law Review Symposium, “The “E” in ESG,” on October 21, 2022
“Is ESG Information Material?” at the UNLV/Apollo ESG and Sustainability Conference held in Las Vegas, Nevada, on October 19, 2022 (panelist)
“Human Capital as a Mission-Critical ESG Factor: New Evidence & Implications,” at the Advanced Corporate & Securities Law Seminar, hosted by UCLA School of Law on October 18, 2022
Darren Lenard Hutchinson
“LGBTQA Rights in the Roberts Court,” at Notre Dame University School of Law’s LGBT Law Forum on October 26, 2022
“Thinly Rooted,” at the Mid-Atlantic and Northeastern People of Color Conference, co-hosted by Rutgers Law School and University of Maryland Carey School of Law on October 21, 2022
“Thinly Rooted,” at a Law and Inequality Workshop hosted by The University of British Columbia’s Peter A. Allard School of Law, on October 20, 2022
“Stare Decisis and the Roberts Court,” hosted by Harvard Law School on October 3, 2022 (panelist)
Jonathan R. Nash
"Measuring Judicial Collegiality Through Dissent," at the 32nd Annual American Law and Economics Association Meeting hosted by Columbia Law School in New York City on August 4-5, 2022
"The Determinants of Bilateral Forum Selection," at the Midwestern Law and Economics Association 2022 Annual Meeting, hosted by the University of Chicago Law School on October 14-15, 2022
"An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction," at the Canadian Law and Economics Association Annual Meeting, hosted by the University of Toronto Faculty of Law on October 21-22, 2022
"The Determinants of Bilateral Forum Selection," at the Canadian Law and Economics Association Annual Meeting, hosted by the University of Toronto Faculty of Law on October 21-22, 2022
Mark Nevitt
Should Climate Change be Framed as a National Security Issue?, at the American Branch of International Law Association’s International Law Weekend held in New York City on October 20-22, 2022
“Water’s Role in National Security,” at the Water Leaders Summit hosted by The Water Council in Milwaukee, Wisconsin, on October 5-6, 2022
“All-4-One: Aligning Federal Agencies to Meet the Biden Environmental Agenda,” at the 30th Fall Conference of the American Bar Association Section on Environment, Energy, and Resources, held in Nashville, Tennessee on September 21-23, 2022 (moderator)
Polly J. Price
“Motivating Global Health Law Reform re Pandemics: Global Solidarity, Enlightened Self-Interest or … ?,” at the 51st Annual Conference of the Canadian Council on International Law on October 27, 2022 (panelist)
“Plagues in the Nation: How Epidemics Shaped America,” Gwinnett County Public Library Author Series, held in Norcross, Georgia, on September 8, 2022
“Governing Disease Amidst Plagues in the Nation,” The Meg & Sam Flax Lecture, held at the Georgia Institute of Technology on September 1, 2022
Matthew Sag
“Lessons for Empirical Studies of Copyright Litigation, A Case Study of Copyright Injunctions" at the “CREATe@10 – Copyright Evidence: Synthesis and Futures Conference,” hosted by the University of Glasgow on October 17, 2022
"Copyright, Text Data Mining and Machine Learning" at the Copyright and the Right to Research Seminar hosted by American University’s Washington College of Law on September 30, 2022
Frank J. Vandall
“Tort Remedies: The Best Means of Justice for Gun Violence Victims?” CLE hosted by the University of Wisconsin-Madison School of Law on August 25, 2022 (based on Vandall’s “Suing the NRA for Damages,” 69 Emory Law Journal 1077 (2020)
John Witte Jr.
“Religion and Human Rights: Enemies or Allies?” hosted by Oxford University’s Blavatnik School of Government on October 26, 2022
“Back to the Sources? What's Clear and Not So Clear About the Original Intent of the First Amendment,” hosted by the University of Cambridge’s Centre for English Legal History on October 25, 2022
The University of Cardiff’s Law and Religion Centre 30th Anniversary Conference on October 20-21, 2022 (keynote)
The Bekynton Lecture in Law and Religion at Wells Cathedral in Somerset, England, on October 16, 2022
The Temple Lecture, hosted by The Inns of Court, in London on October 11, 2022
“A New Calvinist Reformation of Rights,” The Gifford Lectures, on the Bicentenary of the Birth of Adam Lord Gifford, hosted by University of Aberdeen, Scotland, on October 4, 2022
Lectures and seminars on religious freedom, hosted by CEU-University San Pablo, in Madrid, Spain, on September 26, 2022
“American Religious Freedom: Founding Principles, Current Cases, and New Challenges,” hosted by the University of Navarra, Spain, on September 23, 2022
“Human Dignity, Law, and Religious Diversity in Historical Perspective: James Pennington’s Human Rights Campaign Against Slavery and Racism,” at the 6th ICLARS Conference held in Cordoba, Spain, on September 19, 2022 (keynote)
Cited
George S. Georgiev
US Securities and Exchange Commission Commissioner Caroline A. Crenshaw cited Georgiev's work in her statement “Late Summer Sunshine: Statement on the Adoption of Pay Versus Performance,” issued on August 22, 2022.
Timothy R. Holbrook’s article, Equivalency and Patent Law's Possession Paradox, 23 Harvard Journal of Law & Technology 1 (2009), was cited in Lite-Netics, LLC v. Nu Tsai Capital LLC by the US District Court for the District of Nebraska (No. 8:22CV314, 2022 WL 15523245, at *22) on October 27, 2022.
Amicus Briefs
Michael J. Broyde filed an amicus brief in Church of Scientology v. Bixler, with the United States Supreme Court, in support of grant of certiorari (with Ronald Colombo).
Opinion, Essay, Review & Comment
Ira Bedzow
“How Purpose and Employee Empowerment Can Stop Burnout,” Forbes (August 24, 2022)
“When Hiring, Don’t Simply Look for The Best; Look For What You Need,” Forbes (August 17, 2022)
Michael J. Broyde
“Law, Religion & Abortion Law of the United States: A Jewish View,” Canopy Forum (September 22, 2022
Rafael Domingo
“Dignity and Belonging in Family, Church, and State,” Canopy Forum (October 24, 2022)
Review of Municipal Political Institutions During the Reign of Justinian I (527-565) (2021) by Álex Corona Encinas, in 44(2) Journal of Historical-Legal Studies 922
Review of The Blessings of Liberty. Human Rights and Religious Freedom in the Western Legal Tradition (2022) by John Witte Jr., in 44(2) Journal of Historical-Legal Studies 958
Rethinking the School of Salamanca, 37(3) Journal of Law and Religion 560 (2022)
Mary L. Dudziak
“What Statistics Cannot Say: On the Uncounted Dead,” Lithub (October 13, 2022)
“Somewhere ‘Over the Horizon,’” 74(3) American Quarterly 552 (2022)
“Afghanistan a Year Later: Will ‘Over the Horizon’ Normalize Endless War?” Responsible Statecraft (August 15, 2022)
Benjamin R. Farley
“The Syrian Democratic Forces, Detained Foreign Fighters, and International Security Vulnerabilities,” Articles of War (October 24, 2022)
George S. Georgiev
“Regulators Should Finally Require Some Transparency of Large Private Firms,” The Hill (October 15, 2022)
“Climate Change, West Virginia v. EPA, and the SEC’s Distinctive Statutory Mandate,” Columbia Law School Blue Sky Blog (September 6, 2022)
“The Human Capital Management Movement in US Corporate Law: A Comparative Perspective,” Oxford Business Law Blog (March 10, 2022) has been translated to Vietnamese for use by legal students.
Timothy R. Holbrook
“Territoriality v. Extraterritoriality in Intellectual Property,” Transnational Litigation Blog (October 6, 2022) (with Emory Law students Gianna Mercandetti & Eva Rian)
Mark Nevitt
“Climate Justice and Loss and Damage in the Pakistan Flood Crisis,” Lawfare (September 2, 2022)
Public Service
Mary L. Dudziak was one of five named plaintiffs in Francis v. DOJ, a FOIA lawsuit brought by Columbia University’s Knight First Amendment Institute in 2019. It sought release of Office of Legal Counsel memos that were over 25 years old. In September, a successful settlement led to the historic release of OLC memos. Read more in the New York Times and on the institute's site.
Mark Nevitt and 28 other constitutional law scholars, signed a letter to the Senate Armed Services Committee to update a key law addressing how military service members are deployed domestically.
Offices & Appointments
Mary L. Dudziak has joined the editorial board of the new Journal of American Constitutional History.
Quoted in the Media
Lynsey Barron
“Local District Attorney, Criminal Defense Lawyer React to Biden's Pardon for 'Simple Possession' of Marijuana,” 11 Alive (October 6, 2022)
“Kemp Files Motion to Quash Subpoena to Appear before Special Grand Jury in Trump Election Probe,” Fox 5 Atlanta (August 17, 2022)
Michael J. Broyde
“Jewish Law Invites Complex Questions on Abortion,” Religion Unplugged (September 23, 2022)
Mary L. Dudziak
“Humane Wartime,” WBUR 90.9, “Radio Open Source” (October 13, 2022)
“Why Are Americans So Unplugged from The Wars in Their Own Name?,” Responsible Statecraft (August 1, 2022)
George S. Georgiev
“George Georgiev on Human-Capital Management,” Business Scholarship Podcast (September 23, 2022)
“Widespread Support for the SEC’s Proposed Climate Risk Disclosure Standards,” Environmental Defense Fund, “Climate 411” (September 13, 2022)
“How a Top US Business Lobby Promised Climate Action – But Worked to Block Efforts,” The Guardian (August 19, 2022)
Timothy R. Holbrook
“Baker Hostetler IP Partner’s Judicial Bid Gets Senate Panel OK,” Bloomberg Law (September 29, 2022)
Tonja Jacobi
“Justice Alito’s Crusade Against a Secular America Isn’t Over,” The New Yorker (September 5, 2022)
“The Link Between Abortion Rights and Gender Equality,” U.S. News & World Report (August 25, 2022)
Jonathan R. Nash
“Carbon Cost Loss Won't Stop Red States' Climate Policy Fight,” Law360 (October 25, 2022)
“Justice Delayed, Justice Denied: 11th Circuit Fails to Rule on Case for Seven Years,” Talking Points Memo (October 3, 2022)
Polly J. Price
“What We Can Learn from America's Pandemic Responses,” Emory Magazine (August 22, 2022)
Fred Smith Jr.
“A Court as an Ideological Weapon?” German Public Radio (September 27, 2022)
“Student Loan Forgiveness; Pooches Pushed into Politics; Okefenokee Swamp Saga,” Georgia Public Broadcasting, “Political Rewind” (August 25, 2022)
“Georgia Says Fetus Can Be Claimed as a Dependent on State Taxes,” CNN (August 8, 2022)
“Defamation Trial for Infowars Founder Continues,” Newsy (August 3, 2022)
Work from May-July 2022
Accolades
Margo A. Bagley has been actively involved in negotiations for two proposed treaties that the World Intellectual Property Organization (WIPO) General Assemblies agreed to send to diplomatic conferences. Once convened, the conferences will consider a new Design Law Treaty and a treaty relating to genetic resources and associated traditional knowledge utilization in the patent system. Read more.
Bagley is Hieken Visiting Professor in Patent Law at Harvard Law School this term. She also served as technical expert to the African Union Commission at the 63rd WIPO General Assemblies earlier this year.
Mary L. Dudziak has been awarded the President's Humanities Fellowship at the Fox Center for Humanistic Inquiry at Emory University. She will be in residence there during the 2022-2023 school year working on her forthcoming book, Going to War: An American History.
Matthew B. Lawrence’s article, Addiction and Liberty, 108 Cornell Law Review (forthcoming 2023) was selected for the Fifth Junior Faculty Forum for Law and STEM to be held this fall at Northwestern Pritzker School of Law.
Nicole Morris will serve as the inaugural director of the Innovation and Legal Tech Initiative for the 2022-2023 academic year. She will lead Emory Law’s efforts to address the implications of advances in legal tech for faculty and for JD students preparing for the future of legal practice. Read more.
Books and Journals
Articles
Silas W. Allard
Race, Equality, Citizenship, and Belonging: Reading James Baldwin and Wong Kim Ark, 37(2) Journal of Law and Religion 227 (with M. Christian Green, Vincent Lloyd & David True)
William J. Carney
The Failure of Science and the Triumph of Politics: Global Warming, 2(1) International Journal of Political Science and Public Administration 30 (2022)
George S. Georgiev
Modes of Climate Change Regulation and the Market-Essential Role of Disclosure, 56 UC Davis Law Review (forthcoming 2023)
Tonja Jacobi
The Corrosive Effect of Inevitable Discovery on the Fourth Amendment, 171 University of Pennsylvania Law Review (forthcoming 2023) (with lliot Louthen)
The Law of Disposable Children: Discipline in Schools, 2023 University of Illinois Law Review (forthcoming 2023) (with Riley Clafton)
Searches Without Suspicion: Avoiding a Four Million Person Underclass, 48 Brigham Young University Law Review (forthcoming 2023) (with Addie Maguire)
The Role of Theory in Empirical Legal Studies, 1 Comparative Constitutional Studies (forthcoming 2023)
The Law of Disposable Children: Searches in Schools, 13 UC Irvine Law Review (forthcoming 2022) (with Riley Clafton)
Comparative Exceptionalism? Strategy and Ideology in the High Court of Australia, 70 American Journal of Comparative Law (forthcoming 2022) (with Zoë Robinson & Patrick Leslie)
Jonathan R. Nash
Secondary Prosecutors and the Separation-of-Powers Hurdle, 77 New York University Annual Survey of American Law 33 (2022) (invited contribution)
Mark Nevitt
Climate Security Insights from the COVID-19 Response, 98 Indiana Law Journal (forthcoming 2023)
Delegating Climate Solutions, 39 Yale Journal of Regulation 777 (2022)
Shlomo C. Pill
Roadmap To Reconciliation: An Institutional and Conceptual Framework for Jewish-Muslim Engagement, 38 Touro Law Review 167 (2022) (with J.R. Rothstein & Ariel Lieberman)
Fred O. Smith Jr.
Reconstructing Klein, 90 University of Chicago Law Review (forthcoming 2023) (with Helen Hershkoff)
Abstaining Equitably, 97 Notre Dame Law Review 101 (2022)
Books
Polly J. Price
Plagues in the Nation: How Epidemics Shaped America (Beacon Press 2022)
Johan D. van der Vyver
International Humanitarian Law, Lambert Academic Publishing (2022)
John Witte Jr.
Religion and the American Constitutional Experiment (5th ed., Oxford University Press 2022) (with Joel A. Nichols and Richard W. Garnett)
Book Chapters
Rafael Domingo
“The Right to Religious Freedom: Extension or Erosion?” in The Cambridge Handbook of Natural Law and Human Rights (Tom Angier, Iain Benson & Mark Retter eds., 2022)
Presentations
Silas W. Allard
“We Were Always and Are Never Postmigration: Settler Society, Migrant Exclusion, and the Making of America,” at the European Academy of Religion, held in Bologna, Italy, on June 20–23, 2022
Margo A. Bagley
26th International Consortium on Applied Bioeconomy Research, held in Bologna, Italy, on July 5-8, 2022 (panelist)
Martha Albertson Fineman
"Beyond Equality and Freedom: Vulnerability and the Resilient State,” virtual workshop held on June 18, 2022 (organizer/presenter). Papers presented will be published by Routledge Press in spring 2023.
“Vulnerability Theory,” at the Dublin Human Rights and Religion summer program held at Trinity College on June 14, 2022
George S. Georgiev
“The JOBS Act at 10: The Transformation of Capital Raising and the Reach of Public Company Regulation,” at the National Business Law Scholars Conference held in Norman, Oklahoma, on June 17, 2022 (plenary panel organizer and moderator)
“ESG Disclosure and the SEC’s Statutory Mandate,” at the National Business Law Scholars Conference held in Norman, Oklahoma, on June 17, 2022
Matthew B. Lawrence
“Addiction and Liberty,” Virtual Grand Rounds, sponsored by Indiana University’s Robert H. McKinney School of Law on August 11, 2022
Kay L. Levine
"The Unconstitutional Conditions Vacuum in Criminal Procedure," at Crimfest 2022, hosted by Cardozo School of Law in New York City, on July 18-19 2022 (with Jonathan R. Nash & Robert A. Schapiro). Levine also presented the paper at the Emory-UGA summer symposium held in June 2022.
Jonathan R. Nash
“An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction,” at the Law & Society Association Annual Meeting held at the ISCTE University Institute of Lisbon, Portugal, on July 13-16, 2022
"Personal Jurisdictional Limits over Plaintiff Class Action Claims" at the Emory-UGA Workshop held on June 28, 2022
“A Subject-Matter Specific Empirical Investigation into the Impact of the Summary Judgment Trilogy,” at the Society for Institutional and Organizational Economics Annual Meeting held at the University of Toronto, Canada, on June 23-25, 2022
“Polarization, Environmental Risks and Governance Strategies,” at the Sustainability Conference of Legal Educators, held at Arizona State University College of Law in Phoenix, on May 13, 2022
“An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction,” at the Seventh Annual Civil Procedure Conference Workshop held at Cardozo School of Law in New York City on May 19-20, 2022 (with Daniel Klerman)
Mark Nevitt
“The War in Ukraine and Energy Security and Energy Market Disruption,” hosted by the American Security Project on July 19, 2022 (with Kevin Book)
Shlomo C. Pill
“Abortion: Legal, Medical, and Mental Health Considerations,” at JLewis Therapy in Atlanta (July 21, 2022) (panelist)
Matthew Sag
Annual Copyright Scholarship Roundtable, held at Columbia Law School on June 20-21, 2022 (co-convenor, discussant) (with Shyam Balganesh)
Fred O. Smith Jr.
A moderated discussion on effective teaching techniques hosted by the American Association of Law Schools in July 2022 (panelist)
“2022 Supreme Court Review,” hosted by the Federalist’s Society’s Atlanta Lawyers Chapter on July 27, 2022 (with Georgia Solicitor General Stephen Petraney)
A moderated discussion on the United States Supreme Court’s October 2022 term, hosted by the American Civil Liberties Union Georgia, in July 2022 (panelist)
“Decentralizing Immunity” at the Conference on State Constitutional Law hosted by Emory Law’s Center on Federalism and Intersystemic Governance on July 28, 2022
“Communities of Competitors,” at Tel Aviv University, Israel, in June 2022
“Reconstructing Klein,” at the Gray Center Roundtable hosted by George Mason University in Washington, DC, in May 2022 (with Helen Hershkoff)
Timothy P. Terrell
Terrell conducted legal writing programs for the following organizations between May and July 2022: The Massachusetts Public Counsel Office; Philip Morris’ legal department; and New York University School of Law's Institute of Judicial Administration (a training program for new appellate judges).
Cited
Timothy R. Holbrook’s article, Is There a New Extraterritoriality in Intellectual Property?, 44 Columbia Journal of Law & the Arts (2021), was cited in a cert petition and response in Abitron Austria GmbH v.Hetronic International, Inc. The US Supreme Court invited the Solicitor General to file a brief in the case.
Opinion, Essay, Review & Comment
Ira Bedzow
“In Times of Uncertainty, Go Back to Your Goals and Values,” Forbes (July 14, 2022)
“What It Takes to Create and Implement Ethical Artificial Intelligence,” Forbes (June 30, 2022)
“Management Science Is Facing a Kuhnian Revolution,” Forbes (May 6, 2022)
Laurie R. Blank
“War Reparations for Ukraine: Key Issues,” Just Security (May 2, 2022)
Michael J. Broyde
“Opinion: Marriage Equality Laws and Roe’s Reversal,” Atlanta Journal-Constitution (July 7, 2022)
George S. Georgiev
“The SEC’s Authority to Pursue Climate-Related Disclosure,” Harvard Law School Forum on Corporate Governance (June 20, 2022)
Peter Hay
On the Road to a Third American Restatement of Conflicts Law, 2022(3) IPRax 205
Timothy R. Holbrook
“Justices Must Correct Fed. Circ.'s Overreach on Patents,” Law360 (July 28, 2022)
“Opinion: Marriage Equality Laws and Roe’s Reversal,” Atlanta Journal-Constitution (July 7, 2022)
Matthew B. Lawrence
“What I Tell My Law Students Reversing Roe Would Mean for the Rule of Law,” Fulcrum (June 1, 2020)
Fred O. Smith Jr.
Policing Mass Incarceration, review of Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights by Erwin Chemerinsky, 135 Harvard Law Review 1853
Offices & Appointments
Robert W. Woodruff Professor of Law Martha Albertson Fineman was named director of Emory Law’s Center for International and Comparative Law.
In August, Kay L. Levine was chosen to serve as mentorship secretary for the newly formed Association of American Law Schools section on Criminal Procedure.
Professors Kay L. Levine and Jonathan R. Nash will serve as co-associate deans for research during the fall term while Professor Margo Bagley is a visiting professor at Harvard Law.
Welcome to our visiting professors who joined us this term: Sheldon Evans, St. John’s University School of Law; Ben Farley 11L, Department of Defense; and William Widen, University of Miami School of Law.
Quoted in the Media
Laurie R. Blank
“What Rights Do Prisoners of War Have under International Law?” Washington Post (May 23, 2022)
Morgan Cloud
“RICO with Law Professor Morgan Cloud,” Politics War Room with James Carville and Al Hunt (July 28, 2022)
Mary L. Dudziak
“LGBTQ Georgians Are Staring Down an Uncertain Future in a Post-Roe America,” Georgia Public Broadcasting (July 5, 2022)
George S. Georgiev
“In Wake of Supreme Court Emissions Decision, SEC Climate Disclosures Seen on Firmer Ground than EPA Plan,” Thompson Reuters (July 8, 2022)
“Scotus Shockwave for SEC on Climate Rule,” Capitol Account (June 30, 2022)
“Commenters Respond to the SEC’s Proposed Rules on Climate-Related Disclosures,” JD Supra (June 28, 2022)
“ La Règle de Divulgation Climatique de la SEC, Expliquée,” News 24 (June 22, 2022)
“The SEC Did a Sensible Thing on Climate Change. A Right-Wing Campaign Is Trying to Kill It,” Vox (June 21, 2022)
“Comment from Securities Law Professors on SEC’s Climate Disclosure Proposal,” ValueEdge Advisors (June 10, 2022)
“ESG Disclosure Rules and the SEC’s Mission,” Harvard Law School Forum on Corporate Governance (May 24, 2022)
“The SEC’s New Proposal on Climate Disclosure: Critiquing the Critics with Professor George S. Georgiev,” The Voice of Corporate Governance Podcast (May 12, 2022)
“George Georgiev on the Public-Private Divide,” Business Scholarship Podcast (May 5, 2022)
Timothy R. Holbrook
“Drug Cos., Researchers Back Juno's 'Possession' Petition,” Law360 (July 18, 2022)
“Overseas Trademark Damages ‘Messiness’ Ripe for High Court Look,” Bloomberg Law (May 9, 2022)
Darren Lenard Hutchinson
“Fulton County DA Requests Georgia’s Heartbeat Law to Be Sent to Lower Courts,” CBS 46 Atlanta (July 15, 2022)
“No, Roe v. Wade's Reversal Does Not Outlaw 'Medication Abortion' in Georgia,” 11 Alive Atlanta (June 24, 2022)
Nicole Morris
“Young Female Attorneys Lacking Fair Credit for Work Suffer Later,” Bloomberg Law (May 6, 2022)
Mark Nevitt
“Biden Climate Emergency Plans Face High Court Hurdle,” Law360 (July 22, 2022)
“What Would Declaring a National Climate Emergency Do?” The Hill (July 21, 2022)
Shlomo C. Pill
“Professor Explains Potential Future of Other Rulings,” FOX 5 Atlanta (June 24, 2022)
Polly J. Price
“What We Can Learn from America's Pandemic Responses,” Emory Magazine (July 28, 2022)
“Why Wasn't America More Prepared for COVID-19?” “The Mehdi Hasan Show,” MSNBC (July 27, 2022)
“COVID and the Future of Plague Response with Professor Polly Price,” FrazerRice.com (May 27, 2022)
“Interview with KARV radio, Russellville, Arkansas,” May 17, 2022
Fred O. Smith Jr.
“Georgia’s Abortion Law Likely to Raise Flurry of Questions in Court,” Georgia Public Broadcasting (July 23, 2022)
“Georgia Parents Can Claim Unborn Child with Detectable Heartbeat on State Taxes,” CBS 46 Atlanta (July 22, 2022)
“Appeals Court Rules in Favor of Heartbeat Law,” 11 Alive Atlanta (July 20, 2022)
“Federal Court Allows Georgia 'Heartbeat' Law Banning Most Abortions to Go into Effect,” USA Today (July 20, 2022)
“Georgia’s Pending Abortion Restrictions Could End Up Before the State Supreme Court,” 11 Alive Atlanta (June 28, 2022)
“Supreme Court Roe v. Wade Decision Means Georgia's Abortion Law Can Take Effect Quickly,” Athens Banner-Herald (June 24, 2022)
“Political Rewind: Questions Over Voting Machines; SCOTUS Set to Release Opinions; Gas Giveaway,” Georgia Public Broadcasting (June 6, 2022)
“Georgia 'Heartbeat Bill' Abortion Ban Could Become Law If Roe V. Wade Draft Opinion Holds,” FOX 5 Atlanta (May 3, 2022)
Alexander Volokh
“Appeals Court Decision Allows Georgia Abortion Law to Take Effect,” FOX 5 Atlanta (July 21, 2022)
“Georgia Abortion Law Takes Effect Immediately | Federal Court Lifts Injunction,” CBS 46 Atlanta (July 20, 2022)
“Biden’s Abortion Order Reflects Existing HIPPA Privacy Rules,” 11 Alive Atlanta (July 8, 2022)
Work from February-April 2022
Accolades
Asa Griggs Candler Professor of Law Margo A. Bagley served as friend of the chair and lead facilitator in the UN World Intellectual Property Organization's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, and expert advisor to the African Union Commission. (February 28 to March 4, 2022)
In April, Martha Albertson Fineman, Robert W. Woodruff Professor of Law, was recently elected to the American Academy of Arts and Sciences, the second Emory Law professor to join one of the nation’s oldest and most prestigious honorary societies and a leading center for independent policy research. Earlier this year, Fineman also received the American Bar Foundation’s 2022 Outstanding Scholar Award. Read more.
in March, Kristin N. Johnson, Asa Griggs Candler Professor of Law, was unanimously confirmed by the US Senate to serve a three-year term as one of five commissioners on the Commodity Futures Trading Commission. Read more.
In April, the American Bar Association’s Legal Technology Resource Center named Professor of Practice and TI:GER Program Director Nicole Morris one of 17 members of the 2022 Class of “Women of Legal Tech.” Read more.
Assistant Professor of Law Martin W. Sybblis will be a visiting fellow at the Princeton School of Public and International Affairs during the 2022-2023 academic year.
Books & Journals
Articles
Margo A. Bagley
“Just” Sharing: The Virtues of Digital Sequence Information Benefit-Sharing for the Common Good, 63 Harvard International Law Journal 1 (2022)
Rafael Domingo
Ius, Ius Suum, Res Justa, una Crítica a la Introducción Crítica de Hervada 86 Persona y Derecho 1 (2022)
Toward a Global Canon Law Centered on the Human Person, 62 Ius Canonicum 1 (2022)
Rethinking the School of Salamanca, 37(3) Journal of Law and Religion (forthcoming 2022)
Mary L. Dudziak
The Gloss of War has been accepted for publication in the Michigan Law Review. The article was Download of the Week on Legal Theory Blog (March 12, 2022), and also on SSRN’s Top Ten Download List for National Security & Foreign Relations Law eJournal, and US Constitutional Law: Separation of Powers & Federalism eJournal.
George S. Georgiev
Is ”Public Company” Still a Viable Regulatory Category? 13 Harvard Business Law Review 1 (forthcoming 2022)
The SEC’s Climate Disclosure Proposal: Critiquing the Critics, Emory Legal Studies Research Paper No. 22-8 (2022)
Jennifer Hickey
Insuring Contraceptive Equity, 17 Northwestern Journal of Law and Social Policy 61 (2022)
Matthew B. Lawrence
Addiction and Liberty, 108 Cornell Law Review (forthcoming 2023)
Kay L. Levine
Are State Constitutional Rights for Sale? Protecting State Constitutional Rights from Unconstitutional Conditions, (with Jonathan R. Nash & Robert A. Schapiro) was accepted for publication by UC Davis Law Review.
Jonathan R. Nash
The following articles were all recently accepted for publication:
Bad Faith Prosecution, 109 Virginia Law Review (forthcoming 2023) (with Ann Woolhandler & Michael G. Collins)
Beliefs, Information, and Institutions: Public Perception of Climate Change Information Provided by Government vs. the Market, 47 William & Mary Environmental Law & Policy Review (forthcoming 2022) (with Cherie Metcalf)
Measuring Judicial Collegiality Through Dissent, 70 Buffalo Law Review (forthcoming 2022)
Are State Constitutional Rights for Sale? Protecting State Constitutional Rights from Unconstitutional Conditions, 56 UC Davis Law Review (forthcoming 2022) (with Kay Levine & Robert Schapiro)
Fred O. Smith Jr.
On Time, (In)equality, and Death, 120(2) Michigan Law Review 195 (2021)
Federalism in the States: What States Can Teach About Commandeering, 2021(5) Wisconsin Law Review 1257 (2021)
Martin W. Sybblis
Equality Offshore, Boston College Law Review (forthcoming 2022)
Books
Martha Albertson Fineman
In February, Law and Structuring Individual and Institutional Responsibility: Beyond Equality and Freedom, part of Fineman’s vulnerability collection, was accepted for publication by Routledge.
John Witte Jr.
Religion and the American Constitutional Experiment (4th ed., Peruvian translation, 2021) (with Joel A. Nichols)
Presentations
Margo A. Bagley
"Things Your Mother Never Told You (You Could Do with a Science Degree),” at Oakwood University’s Rhyne-Duncan Chemistry Symposium, on April 15, 2022 (keynote)
“Multinational Patent Litigation,” guest lecture for a patent law course at Queens University (Canada), in April 2022
“Digital Sequence Information on Genetic Resources: New Studies on Potential Approaches to Access and Benefit Sharing,” based on her recent Harvard International Law Review article, one of three papers featured during a GIZ ABS Capacity Development Initiative Global webinar, on February 23, 2022 (interviewee)
"’Just’ Sharing: The Virtues of Digital Sequence Information Benefit-Sharing for the Common Good,” at a University of Cambridge (UK) Centre for Intellectual Property and Information Law seminar, on February 3, 2022
Mary L. Dudziak
“The Gloss of War” at the Quincy Institute for Responsible Statecraft Friday Lunch Talk for Institute staff
Dudziak was a commentator on the work of Emory College of Arts and Sciences Assistant Professor of History Chris Suh, at a workshop for junior faculty held at Emory's Fox Center for Humanistic Inquiry, on March 4, 2022.
Martha Albertson Fineman
“Cracking the Foundational Myths: Independence, Autonomy, and Self-Sufficiency,” from Feminism Confronts Homo Economicus: Gender, Law, and Society (Cornell University Press 2005) at the Oxford-Virginia Legal Dialogs, on April 7, 2022
“A Feminist Sense of Social Justice,” part of a University of Houston Law Center colloquium series, on March 28, 2022
George S. Georgiev
“The Breakdown of the Public-Private Divide in US Securities Law,” at the ABA Business Law Section spring meeting (Small Business Issuers Subcommittee of the Federal Regulation of Securities Committee), on March 31, 2022
Timothy R. Holbrook
“HIV/AIDs, LGBTQ+ Activism, and Intellectual Property,” at the Notre Dame Intellectual Property Law Society and LGBT Law Forum, hosted by Notre Dame Law School, on March 23, 2022
"Are International Systems Adequately Promoting Innovation?" at the Leahy Institute for Advanced Patent Studies’ 7th Annual Conference conducted by The Naples Roundtable, on March 17, 2022 (panelist)
Jonathan R. Nash
“An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction,” and “A Subject-Matter Specific Empirical Investigation into the Impact of the Summary Judgment Trilogy,” both at the Midwest Political Science Association Annual Meeting, on April 7-10, 2022
“An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction, Conference on Empirical Legal Studies,” (with Daniel Klerman) and “A Subject-Matter Specific Empirical Investigation into the Impact of the Summary Judgment Trilogy,” (with D. Daniel Sokol), both at the Conference on Empirical Legal Studies, hosted by the University of Toronto Law School, on March 18-19, 2022
Polly J. Price
Price joined the Uniform Law Commission’s Public Health Emergency Authorities Drafting Committee on April 8-9, 2022, for a two-day session held in Washington, DC, and virtually, to draft a model act to be presented to at the Commission’s annual meeting in July. Price has served on the committee since May 2000.
“Derailed by COVID-19: The Threat of Drug-Resistant Tuberculosis in the United States,” at the Richmond Law Review symposium “Forming a More Perfect Union with Public Health Law” on March 25, 2022 (keynote)
Jennifer Murphy Romig
“Writing and Legal Skills Instruction Across the Curriculum,” at the Virginia Law Review's annual online symposium, “Interrogating Legal Pedagogy and Imagining a Better Way to Train Lawyers,” on February 18, 2022 (panelist)
Fred O. Smith Jr.
Smith spoke on qualified immunity at the Federal Bar Association’s Annual Conference in in April 2022.
“Solutions to Qualified Immunity,” at “Symposium 2022: The Solutions Manual” hosted by Campbell Law Review, on March 25, 2022
Distinguished Commentator on Federal Courts, at the 2022 National Conference of Constitutional Law Scholars, hosted by the University of Arizona James E. Rogers College of Law, on February 19, 2022
The Thomas B. Murphy Center's Distinguished Lecture Series, hosted by the Murphy Center for Public Service at the University of West Georgia, on February 8, 2022
Timothy P. Terrell
From February through April, Terrell presented legal writing programs for the following audiences: Massachusetts appellate judiciary; the Department of Homeland Security; the Federal Judicial Center; US District Court, Eastern District of Pennsylvania (judges and clerks); Shook, Hardy & Bacon; Office of the Federal Public Defender, California; and the US Coast Guard Office of the Judge Advocate General.
Cited
SEC Commissioner Caroline A. Crenshaw cited George S. Georgiev’s paper “The Breakdown of the Public-Private Divide in Securities Law: Causes, Consequences, and Reforms,” (18 New York University Journal of Law & Business 228) during her speech, “Remarks at Virtual Roundtable on the Future of Going Public and Expanding Investor Opportunities: A Comparative Discussion on IPOs and the Rise of SPACs” (April 28, 2022).
Crenshaw cited the same paper in her April 14, 2022, speech at the University of Chicago Booth School of Business: “Grading the Regulators and Homework for the Teachers: Remarks at Symposium on Private Firms: Reporting, Financing, and the Aggregate Economy.”.
Opinion, Essay, Review & Comment
Rafael Domingo
“Russia’s Invasion of Ukraine,” Canopy Forum (March 14, 2022)
“Siete Claves Para El Mundo ante La Guerra en Ucrania,” CNN Español (March 3, 2022)
Mary L. Dudziak
Review of Humane: How the United States Abandoned Peace and Reinvented War by Samuel Moyn, Ethics & International Affairs (March 10, 2022)
Martha Albertson Fineman
“The Social Pharmacy” in the catalog of “The Social Pharmacy,” a social art piece by artist Jodi Wood, at Sweden”s Skovde Art Museum.
George S. Georgiev
“The SEC’s New Proposal on Climate Disclosure: Critiquing the Critics,” University of Oxford Business Law Blog (March 29, 2022)
Comment Letter to the SEC on Proposal for Enhancement and Standardization of Climate-Related Disclosures for Investors (March 28, 2022)
“The SEC’s Climate Disclosure Proposal: Critiquing the Critics,” Business Law Prof Blog (March 27, 2022)
“The ‘S’ in ESG: Human Capital Management,” Columbia Law School Blue Sky Blog (March 16, 2022)
“The Human Capital Management Movement in US Corporate Law: A Comparative Perspective,” University of Oxford Business Law Blog (March 10, 2022)
Comment Letter to the SEC on Proposed Rule on “Pay-Versus-Performance Disclosure” (March 4, 2022)
“The Breakdown of the Public–Private Divide in Securities Law,” Columbia Law School Blue Sky Blog (February 14, 2022)
“When Is Short-Termism a Problem? We Don’t Really Know!” Nova Centre on Business, Human Rights and the Environment Blog (February 3, 2022)
Fred O. Smith Jr.
“The Most Endangered Branch? review for Balkinization Symposium on The Collapse of Constitutional Remedies by Aziz Huq, Balkinization Blog (February 14, 2022)
“No Harm, No Foul? Privacy law and Judicial Remedies,” review of Privacy Harms, 102 Boston University Law Review 793, by Danielle Keats Citron & Daniel J. Solove, Jotwell (February 11, 2022)
John Witte Jr.
Witte recorded the following podcasts for Trinity Law School: “The Enduring Fundamentals of American Religious Freedom,” “Brief Introduction: Legacy of Harold Berman and the Interaction of Law and Religion,” and “Brief Introduction: How Religion Shapes Human Rights.”
Quoted in the Media
Laurie R. Blank
“Emory Law Professor: Mounting Evidence of Russian War Crimes Is Difficult to Reject,” WABE-90.1 (April 6, 2022)
“Jill Wine-Banks and Victor Shi talk with Professor Laurie Blank of Emory Law,” iGen Politics (April 6, 2022)
“Genocide: Does It Have a Strict Legal Definition?” KCBS-AM (April 4, 2022)
“Russia’s Attacks on Civilian Targets Have Obliterated Everyday Life in Ukraine,” New York Times (March 23, 2022)
“Trump Muses About a Really Bad — and Evidently Illegal — Idea to Bomb Russia Using Chinese Flags,” Washington Post (March 6, 2022)
“Local Professor Discusses Ukraine Crisis,” WABE 90.1 (February 25, 2022)
“Ukraine Invasion Stretches toward the Weekend,” CBS-46 (February 24, 2022)
Mary L. Dudziak
“The American Diplomat: First-Class Patriots Abroad. Second-Class Citizens at Home,” “The American Experience,” PBS (February 15, 2022)
George S. Georgiev
“Open Questions, Searching for Skill, and Lots of Reversals,” The Investment Ecosystem Fortnightly (April 25, 2022)
“Is the SEC’s New Climate Proposal within The Traditions of the SEC Disclosure Regime?” Cooley PubCo (April 14, 2022)
“US SEC climate disclosure proposal faces potential first amendment challenges,” Thomson Reuters Regulatory Intelligence (April 7, 2022)
“SEC’s Climate Proposal Tees Up Test of ‘Material’ Info Standard,” Bloomberg Law (March 23, 2022)
“SEC Should Require More Detailed Human Capital Disclosures, Law Expert Says,” CQ Roll Call (March 17, 2022)
“The Public–Private Divide in Securities Law,” The Council of Institutional Investors podcast (February 24, 2022)
Mindy Goldstein
“26 Ways Emory Advances Sustainability on Campus and around the World,” Emory News Center (April 21, 2022)
Darren Lenard Hutchinson
“Emory Chair Darren Hutchinson on the Goals of the Center for Civil Rights and Social Justice,” WABE 90.1 (February 23, 2022)
Matthew B. Lawrence
“Health Officials Say a Rise in COVID Cases Looks More Like a Ripple than a Wave,” NPR (April 25, 2022)
“Why the Government's Slow Move to Appeal the Mask Decision May Be a Legal Strategy,” NPR (April 22, 2022)
“The Trump Move that Democrats Want Biden to Copy,” The Atlantic (April 18, 2022)
Kay L. Levine
“Emory Law Announces New Concentrations,” Decaturish (March 29, 2022)
Polly J. Price
“Plagues in the Nation: How Epidemics Shaped America,” Tavis Smiley, KBLA-1580 AM (April 7, 2022)
“Plagues in the Nation: How Epidemics Shaped America,” [starred review] Publishers Weekly (February 25, 2022)
Ani B. Satz
“Women’s History Month Keynote Haben Girma Is on a Mission to Dismantle Ableism,” Emory News Center (March 29, 2022)
Fred O. Smith Jr.
“’It’s Overdue. It’s a Long Time Coming' | NAACP, Clayton Co. Black Female Judges React to Ketanji Brown Jackson Confirmation,” 11 Alive (April 7, 2022)
“Georgia-based Lawmakers and Leaders Weigh in on Judge Ketanji Brown Jackson,” CBS-46 (March 21, 2022)
“Political Rewind: Ketanji Brown Jackson in the Hot Seat; Duncan's New 'GOP 2.0' Ad; Rivian Updates,” NPR/Georgia Public Radio (March 21, 2022)
“Political Rewind: Verdict in Brunswick; 1912 Racial Cleansing in Forsyth Co.; Walker on State of GOP,” NPR/Georgia Public Radio (February 23, 2022)
“Andrew Pinson Named to Georgia Supreme Court,” Axios (February 16, 2022)
“Who Writes the Rules for Cops?” Esquire (February 2, 2022)
Alexander Volokh
“Why Has There Been a Sharp Uptick in Requests to Remove Books from Library Shelves?” 11-Alive (March 21, 2022)
Work from November 2021-January 2022
Accolades
Asa Griggs Candler Professor of Law Mary L. Dudziak’s book, Making the Forever War: Marilyn Young on the Culture and Politics of American Militarism, co-edited with Mark Bradley, was selected as one of the Carnegie Scholars’ Best Books of 2021. It was also featured in Emory University’s “Feast of Words,” and reviewed in Strategic Visions.
In January, Robert W. Woodruff Professor of Law Martha Albertson Fineman received the American Bar Foundation’s 2022 Outstanding Scholar Award and was recognized at the 66th Annual Fellows Awards Banquet held on February 15, 2022. The Foundation’s first Outstanding Scholar Award was given in 1957, and previous recipients include Ruth Bader Ginsburg, Akhil Reed Amar, Lawrence H. Tribe, Judith Resnick, and Archibald Cox, among others. Read more.
Two Emory Law professors had their articles selected for inclusion in the 2022 edition of the Securities Law Review, an annual collection of eight to ten law review articles deemed “especially worthy of a wider audience.” The Human Capital Management Movement in US Corporate Law, 95 Tulane Law Review 639 (2021), by Associate Professor George S. Georgiev, marks his third consecutive article to be included in the anthology. Decentralized Finance: Regulating Cryptocurrency Exchanges, 62 William & Mary Law Review 1911 (2021), by Asa Griggs Candler Professor of Law Kristin N. Johnson, is also in this year's edition, which is edited by Professor Donald C. Langevoort, Thomas Aquinas Reynolds Professor of Law at Georgetown University.
Emory Law’s Center for the Study of Law and Religion, directed by Robert W. Woodruff Professor of Law and McDonald Distinguished Professor John Witte Jr., has received a gift to create the Holocaust, Genocide and Contemporary Bioethics Initiative. Read more
At the Association of American Law Schools (AALS) Annual Meeting in January, L. Q. C. Lamar Professor of Law Barbara Bennett Woodhouse received the 2022 AALS Section on Family and Juvenile Law Achievement Award. was the third-most-cited scholar in family law and the tenth-most-cited scholar in critical theories of law during 2016-2020, according to the latest Sisk rankings of faculty citations, reported by Brian Leiter’s Law School Reports. Read more.
In September, Nicole N. Morris, director of the (TI:GER®) program and professor of practice, was selected as the principal advisor for the inaugural HBCU IP Futures Collaborative, a program that will connect leading faculty at HBCUs to foster best practices for teaching IP to non-law students. Read more. Morris also received a $30,000 unrestricted grant from Google to further her work to strengthen research ecosystems by including unrepresented researchers.
The Center for the Study of Law and Religion, directed by John Witte Jr., has received a seven-figure gift from The MirYam Institute to fund the new MirYam Project in International Ethics & Leadership: Law, Religion, Health & Security. The four-year undertaking will be led by Ira Bedzow, in collaboration with CSLR’s Jewish Legal Studies Program, directed by Emory Law Professor Michael J. Broyde. Read more.
Books & Journals
Articles
Margo A. Bagley
“Just” Sharing: The Virtues of Digital Sequence Information Benefit-Sharing for the Common Good, 63 Harvard International Law Journal (forthcoming 2022)
Rafael Domingo
Towards A Global Canon Law Centered on the Human Person, 62 Ius Canonicum (forthcoming 2022)
Peter Hay
Disregarding the Corporate Veil in American Procedural Law, in German, European and Comparative Business Law 337, Festschrift for Werner F. Ebke, on the occasion of his 70th birthday (2021)
Kay L. Levine
Victims' Rights in the Diversion Landscape, 74(3) Southern Methodist University Law Review 501 (2021)
Jonathan R. Nash
Promoting Regulatory Prediction, 97 Indiana Law Journal 203 (2022) (with Jonathan Masur)
Courts Creating Courts: Problems of Judicial Institutional Self-Design, 73 Alabama Law Review 1 (2021)
Fred O. Smith Jr.
The Other Ordinary Persons, 78(3) Washington & Lee Law Review 107 (2021)
Books
John Witte Jr.
The Blessings of Liberty: Human Rights and Religious Freedom in the Western Legal Tradition (Cambridge University Press 2021)
Faith, Freedom, and Family: New Studies in Law and Religion (Norman Doe & Gary S. Hauk eds., 2021)
The Impact of the Family on Character Formation, Ethical Education and the Communication of Values in Late Modern Pluralistic Societies (Leipzig: Evangelische Verlagsanstalt GmbH 2022) (with Michael Welker et al.)
The Impact of Education on Character Formation, Ethical Education and the Communication of Values in Late Modern Pluralistic Societies (Leipzig: Evangelische Verlagsanstalt GmbH 2022) (with Michael Welker et al.)
Book Chapters
Laurie R. Blank
Analyzing the Legality and Effectiveness of US Targeted Killing, in Counterterrorism and Democratic Dilemmas—Effective and Ineffective Measures (Boaz Ganor & Ophir Falk eds., forthcoming 2022)
The Application of the Third Geneva Convention in Fluid Conflicts, in Prisoners of War in Contemporary Conflict (Michael N. Schmitt ed., forthcoming 2022)
Mary L. Dudziak
How Civil Rights Affected Foreign Relations from Truman through Johnson, in US Presidents and Russian Rulers (2021) (essay)
John Witte Jr.
Foreword, in Law and the Christian Tradition in Modern Russia (Paul Valliere & Randall Poole eds., 2021)
Presentations
Silas W. Allard
“Christianity and the Law of Migration: A Dialogue in Social Responsibility,” Fr. Lydio F. Tomasi, C.S., Lecture on International Migration, hosted by the Center for Migration Studies on December 7, 2021
“Sovereignty across Borders,” at the American Academy of Religion Annual Meeting (Law, Religion, and Culture Unit, presider); and “Academic Religion Centers as Sites of Training and Employment for PhDs,” (Applied Religious Studies Committee, panelist), both at the American Academy of Religion Annual Meeting, on November 20-23, 2021 (panelist)
Margo A. Bagley
“‘Custodians’ and the Present Knowledge ‘Protection’ System at WIPO,” hosted by the Royal Society of Edinburgh Saltire Research Awards Programme, Scientific Knowledge across Jurisdictions, on January 18, 2022
“Webinar on the report of the informal Co-Chairs’ Advisory Group on Digital Sequence Information on genetic resources (DSI IAG),” hosted by ABS Capacity Development Initiative, on December 14, 2021 (expert panelist)
“Interim Progress Update on the NCSU/IDB Regional Gene Editing Project for the Agricultural Sector of LAC,” hosted by the North Carolina State University Genetic Engineering and Society Center, on December 2, 2021
“Pieces in the Access to Medicines Puzzle” and “Genetic Resources and Access to Medicines” for a Harvard Law School course on Access to Medicines and Vaccines, in November 2021
Laurie R. Blank
“Conflict Classification, Afghanistan 2021: International Legal Implications of the Conflict,” hosted by the Naval War College’s Stockton Center for International Law, on December 6, 2021
“Outer Space and the Development of International Law—Activities below the Threshold of the Use of Force,” hosted by the United Kingdom Foreign Commonwealth Office, on September 29, 2021
“Emerging Issues in Law and Technology,” hosted by the Naval War College, on September 25, 2021
Rafael Domingo
“Tribute to Alejandro Guzman Brito,” at a conference in his honor, hosted by the University of Navarra, on November 18, 2021
Mary L. Dudziak
“Death and Legal Scholarship,” a Balkinization blog symposium which Dudziak organized, edited, and wrote for, including introduction, afterword, and bibliography (January 30, 2022)
“Death and Legal Scholarship: How an Era of Mass Carnage Impacts the Substance of Our Work,” at the AALS 2022 Annual Meeting, on January 9, 2022 (an open-source panel for which Dudziak served as organizer and moderator)
“The ‘Gloss’ of War: Historical Practice, The Korean War, and the Making of Unilateral Presidential War Power,” at a Cardozo Law School faculty workshop, on November 15, 2021
Martha Albertson Fineman
“Resistance and Responsibility: A Vulnerability Analysis,” hosted by the Trinity Centre for Resistance Studies and the Trinity Long Room Hub, on November 8, 2021
George S. Georgiev
“Improving Accountability to ‘Human Capital’ Constituencies,” at the Institute for Law and Economic Policy’s 28th Annual Symposium, on January 28, 2022 (commentator)
“Workers, Boards, and the Global Corporation,” at the AALS 2022 Annual Meeting (Section on Economic Globalization and Governance) on January 9, 2022 (panelist)
"The Law and Economics of Materiality," at the AALS 2022 Annual Meeting (Section on Transactional Law and Skills) on January 7, 2022 (speaker from a Call for Papers)
“The Foreign Corrupt Practices Act, Global Anti-Bribery Laws, and Trade Sanctions,” for Professor Jeff Byrne’s Emory Goizueta Business School Global Accounting course, on November 30, 2021
Mindy Goldstein
“Drawdown Georgia: Energy, Agriculture, and Transportation Policy Responses to Mitigate Climate Change,” at the Institute of Georgia’s Environmental Leaders, held in January 2022 (panelist)
Timothy R. Holbrook
Patent Scholars Roundtable, hosted by Notre Dame Law School, on January 14, 2022 (commentator)
Kristin N. Johnson
“Artificially Intelligent Market Manipulation,” Business Law Roundtable hosted by the Institute for Law & Economics at the University of Pennsylvania Carey Law School, on December 8-9, 2021
“Regulating Decentralized Finance,” Columbia University Law School Law & Economics Workshop, on November 22, 2021
“Artificially Intelligent Market Manipulation,” at the Boston University Law Review Symposium, on November 19, 2021
“Section 230 and Digital Civil Rights, Race, Technology, and the Law Convening,” hosted by the University of Indiana-Bloomington Law School, on November 11-12, 2021 (with Catherine Powell)
“The Disparate Impact of Digital Surveillance,” Digital Civil Rights Seminar, hosted by Fordham University Law School, on November 4, 2021
Kay L. Levine
“Drugs In Your Neighborhood: Race, Place, and Community,” at Emory University’s Science Gallery, on December 6, 2021
"The Strategic Use of Alibi Defenses" for the Pennsylvania Association of Criminal Defense Lawyers, on November 19, 2021 (with Brian C. Jordan)
Polly J. Price
“COVID-19 Global Conversations Series,” hosted by The University of New Mexico’s Project Echo, on January 31, 2022
Ani B. Satz
“Health Law and Policy for Public Health Professionals,” workshop held for the Centers for Disease Control and Prevention and the Association for Prevention Teaching and Research as part of their joint program on Academic Partnerships to Improve Health, on November 1, 2021
Offices & Appointments
In January 2022, George S. Georgiev was elected to the Executive Committee of the AALS Section on Business Associations.
In January 2022, Kristin N. Johnson was elected chair of the Executive Committee of the AALS Section on Securities Regulation.
Asa Griggs Candler Professor of Law Kristin N. Johnson and Asa Griggs Candler Professor of Law Margo A. Bagley were named Emory Law’s co-associate deans for research in January 2022.
Polly J. Price has been named to the Uniform Law Commission’s Public Health Emergency Authorities Drafting Committee.
Opinion, Essay, Review & Comment
Rafael Domingo
“Biden and Francisco, or to Caesar What Is Caesar's,”
Laurie R. Blank
“We Need Better Tools for Identifying the End of Conflict,” Articles of War (January 6, 2022) (with D. Richemond-Barak)
“Outer Space Finally Makes the Law of War’s Greatest Hits,” Articles of War (December 30, 2021)
“From Burning Sands to Baltic Gavel: Impressions from an Evolving Wargame,” Articles of War, (December 17, 2021) (with A. Oler)
Michael J. Broyde
“Faith Can’t Abrogate a Contract,” Wall Street Journal Opinion (January 25, 2022)
Rafael Domingo
“’Happy Birthday,’ Francis,” CNN Español (December 17, 2021)
Mary L. Dudziak
A review of Samuel Moyn’s Humane: How the United States Abandoned Peace and Reinvented War, has been accepted for publication by Ethics and International Affairs.
Richard D. Freer
“The Supreme Court and the Fraud on the Market Class Action,” Columbia Law School Blue Sky Blog (November 4, 2021)
John Witte Jr.
Review of Nigel Biggar’s, What’s Wrong with Rights? (Oxford University Press 2020) 10 Oxford Journal of Law and Religion 342 (2021)
Quoted in the Media
Margo A. Bagley
Dorothy A. Brown
“What the End of The Child Tax Credit Means for Childhood Poverty,” WAMU 88.5, 1A (January 12, 2022)
“The 49 Most Fascinating, Mind-Blowing, Challenging, Hilarious, and Urgent Titles of the Year,” Bloomberg (December 15, 2021)
“Treasury Plans First Analysis of US Tax Benefits by Race,” Bloomberg Tax (December 14, 2021)
“America’s Tax Code Advantages White Wealth over Black Wealth – Here’s How Reforms Can Make the System Better for Everyone,” Business Insider Australia (November 13, 2021)
Michael J. Broyde
“Inaccurate Claims About 'Rabbinical Court' Opposing COVID-19 Vaccination Spread Online,” AFP Factcheck (November 15, 2021)
Mary L. Dudziak
“Why We’ve Succumbed to Pandemic Apathy,” The New Republic (January 21, 2022)
Martha Albertson Fineman
“Vulnerability Theory,” THUNK (July 26, 2021)
Richard D. Freer
“The Roberts Court’s Legacy in Class Action Jurisprudence,” Jotwell (January 10, 2022)
George S. Georgiev
“The SEC Is Sounding Very European About Unicorns,” Bloomberg Opinion (January 18, 2022)
“Amazon COVID Settlement Spotlights Board Focus on Workforce, ESG,” Bloomberg Law (November 29, 2021)
“Income Disclosure Requirement Will Do Little to Address Inequality,” Business Leadership South Africa (October 18, 2021)
Darren Lenard Hutchinson
“8 Key Laws That Advanced Civil Rights,” History (January 26, 2022)
Nicole Morris
“Judge Rejects Latest Attack on PTAB Discretionary Denials, but Other Challenges Loom,” IAM
(November 15, 2021)
Polly J. Price
“Rural America’s False Sense of Security,” The Atlantic (November 18, 2021)
“With COVID-19 Cases Dropping, Georgia Courthouses Could Be Loosening Mask Mandates,” Daily Report (November 15, 2021)
Joanna M. Shepherd
“Public Defenders Rarely Make It on The Federal Bench. Not Anymore,” Courthouse News Service (January 21, 2022)
“Pritzker Signs Law Banning Dark Money, Out-Of-State Contributions in Judicial Campaigns,” NPR Illinois 91.9 (November 15, 2021)
Fred O. Smith Jr.
“Stacey Abrams' Sister, Federal Judge on Biden's Supreme Court Shortlist: Reports,” 11 Alive (January 28, 2022)
“Developing Story: Justice Breyer Retires,” WSB Radio (January 26, 2022)
“Political Rewind: Reflecting on Dr. King's Legacy as Fight for Voting Rights Continues,” GPB Political Rewind (January 17, 2022)
“50 Years Of ‘Our Federalism,’” Institute for Justice, Short Circuit (November 9, 2021)
Accolades
Martha Albertson Fineman was the third-most-cited scholar in family law and the tenth-most-cited scholar in critical theories of law during 2016-2020, according to the latest Sisk rankings of faculty citations, reported by Brian Leiter’s Law School Reports. Read more.
In September, Nicole N. Morris, director of the (TI:GER®) program and professor of practice, was selected as the principal advisor for the inaugural HBCU IP Futures Collaborative, a program that will connect leading faculty at HBCUs to foster best practices for teaching IP to non-law students. Read more. Morris also received a $30,000 unrestricted grant from Google to further her work to strengthen research ecosystems by including unrepresented researchers.
The Center for the Study of Law and Religion, directed by John Witte Jr., has received a seven-figure gift from The MirYam Institute to fund the new MirYam Project in International Ethics & Leadership: Law, Religion, Health & Security. The four-year undertaking will be led by Ira Bedzow, in collaboration with CSLR’s Jewish Legal Studies Program, directed by Emory Law Professor Michael J. Broyde. Read more.
Books & Journals
Articles
Martha Albertson Fineman
Populations, Pandemics, and Politics, 21(3) International Journal of Discrimination and the Law 184 (2021)
George S. Georgiev
The Breakdown of the Public-Private Divide in Securities Law: Causes, Consequences, and Reforms, 18 New York University Journal of Law & Business 1 (2021)
Jennifer Hickey
From Apples to Orchards: A Vulnerability Approach to Police Misconduct, 26 Texas Journal on Civil Rights and Civil Liberties 1 (2020)
Kay L. Levine
Victims' Rights in the Diversion Landscape, 74(3) Southern Methodist University Law Review 501 (2021)
Jonathan R. Nash
Response to "Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford," George Washington Law Review On the Docket (October 6, 2021) (special edition)
The Certificate of Division and the Early Supreme Court 94 Southern California Law Review 733 (2021) (with Michael Collins)
Joanna M. Shepherd
Judicial Campaign Finance and Election Timing, 2021(6) Wisconsin Law Review (forthcoming 2021) (with Michael Kang)
Martin W. Sybblis
Regulatory Competition and State Capacity, 13 William & Mary Business Law Review (forthcoming 2021)
Law, Growth and the Identity Hurdle: A Theory of Legal Reform, 95(4) Tulane Law Review 867 (2021)
Books
Matthew B. Lawrence
The Law of American Health Care (3rd ed., Wolters Kluwer, forthcoming 2023) (with Nicole Huberfeld, Kevin Outterson & Elizabeth Weeks)
Johan D. van der Vyver
International Criminal Law: Vol. III, Functioning of the International Criminal Court (Lambert Academic Publishing 2021)
International Criminal Law: Vol. II, Crimes Within the Jurisdiction of the International Criminal Court (Lambert Academic Publishing 2021)
Presentations
Margo A. Bagley
“What Do Indigenous Peoples and Local Communities Need to Know About the Patent System?” at “How to Protect and Promote Your Culture,” hosted by the World Intellectual Property Organization, held on October 7, 2021
“'Just' Sharing: The Virtues of Digital Sequence Information Benefit-Sharing for the Common Good,” at Suffolk University Law School’s Third Annual Intellectual Property & Innovation Conference, held on October 1, 2021 (keynote)
“Strategies for Law School Success,” Oakwood University Law Week, held in October 2021
“Lessons Learned from International Negotiations of Legal Instruments to Protect Traditional Cultural Expressions,” at the WIPO-INDAUTOR Virtual Regional Seminar on Copyright and Traditional Cultural Expressions, held on September 22, 2021
“’Just’ Sharing,” Emory Law Faculty Colloquium, held in September 2021
Rafael Domingo
“Tribute to Alejandro Guzmán Brito (1945-2021),” hosted by Catholic University of the North (Chile), held on October 25, 2021
“The Right to Religious Freedom: Expansion or Erosion?” hosted by the University of Hemisferios (Ecuador), on October 15, 2021
“From International Law to Global Law," at the First International Conference hosted by the Universidad San Ignacion de Loyolo (Peru) on September 26, 2021 (keynote)
Mary L. Dudziak
“Making the Forever War: Marilyn Young on the Culture and Politics of American Militarism,” based on Dudziak’s recent collection of essays, hosted by the Wilson Center and the National History Center on October 11, 2021. The book was also discussed at a University of Wisconsin Center for Southeast Asian Studies' event held on September 17, 2021.
Martha Albertson Fineman
“What is a Feminist Sense of Social Justice?” LEX Public, hosted by the LEX Research Network on October 27, 2021 (inaugural lecture)
“Universality, Vulnerability and Collective Responsibility,” at “Vulnerability Across Disciplines,” a conference hosted by Newcastle University Law School and The Society of Legal Scholars on October 8, 2021 (keynote)
Mindy Goldstein
“Working Farms Fund—Scaling a Sustainable Local Food System in Metro Regions across the US,” at the National Farm Viability Conference, held on October 11, 2021 (panelist)
“Congress Is Finally Tackling Climate Change—Will It Work?” Emory University Osher Lifelong Learning Institute, held in September 2021
“Food Waste to Renewable Biogas—Anaerobic Digestors that Tackle Climate Change Equitably,” at the Partnership for Southern Equity’s Just Growth Circle, held in August 2021
Timothy R. Holbrook
“Extraterritoriality—Intellectual Property,” based on his chapter for the book Elgar Research Handbook on Extraterritoriality and International Law, at the symposium “Extraterritoriality in International Law,” hosted by Indiana Maurer School of Law and Utrecht University on September 15-17, 2021
Matthew B. Lawrence
“Health Law: Evolving Topics Post-COVID,” hosted by The American Academy of Legal Medicine, Inc., held on October 23, 2021
“Subordination and Separation of Powers,” Vanderbilt Faculty Colloquium, held on October 13, 2021
“Health Reform Reconstruction,” UC Hastings Law health capstone course, held on August 31, 2021
Jonathan R. Nash
"Communicating Risk Across the Political Divide," (with Cherie Metcalf); "A Subject-Matter Specific Empirical Investigation into the Impact of the 'Summary Judgment Trilogy,'" (with Daniel Sokol); “An Experimental Examination of the Bias Rationale for Federal Diversity Jurisdiction," (with Daniel Klerman); all at the Midwestern Law & Economics Association Annual Meeting, hosted by Brigham Young University Law School in October 2021
Rafael I. Pardo
"Race Matters in Bankruptcy Federalism," Northwestern Pritzker School of Law Faculty Workshop, held on October 25, 2021
"On the Origins of Racist Bankruptcy Federalism," Washington University in St. Louis School of Law Faculty Workshop, held on September 23, 2021
Polly J. Price
“Pandemics and the Law of Social Distancing," Emory University Osher Lifelong Learning Institute, held on September 1, 2021
Ani B. Satz
“Principles and Pandemics: Overcoming Structural Disability Discrimination during Public Health Emergencies,” State Bar of Georgia Health Law Section, held on October 27, 2021
“What is Health Law?” Emory Law Health Law Society, held on October 20, 2021 (panelist)
“COVID and Structural Disability Discrimination,” 10th Annual State of the Public's Health Conference, hosted by the University of Georgia College of Public Health, held on October 14, 2021 (panelist)
“Research Animals,” hosted by the Student Animal Legal Defense Fund and Emory Law Health Law Society on September 24, 2021
“Principles and Pandemics: Overcoming Structural Disability Discrimination During Public Health Emergencies,” at the Charm City Colloquium on Law and Bioethics, hosted by the Berman Institute of Bioethics at Johns Hopkins University and the University of Maryland Carey School of Law, Law & Health Care Program on September 9-10, 2021
Fred Smith Jr.
“Law in a Time of Crisis” at the Eighth Circuit Judicial Conference, held October 27-29, 2021
Testimony before the Illinois Task Force on Constitutional Rights and Remedies on October 7, 2021
“Decentralizing Qualified Immunity,” Works-in-Progress Roundtable hosted by Arizona State University Law School in October 2021
“Supreme Court Term Review and Preview,” Judge Clarence Cooper American Inn of Court, held on September 22, 2021
Timothy P. Terrell
During September and October, Terrell presented legal writing programs for the following groups: The Massachusetts appellate courts (judges and clerks); the Federal Judicial Center (a webcast for 1,400 judges and lawyers); and the US Department of Homeland Security’s Cybersecurity and Infrastructure Agency.
Barbara Bennett Woodhouse
Woodhouse’s book, The Ecology of Childhood: How our Changing World Threatens Children's Rights was the basis for a symposium held in Scanno, Italy, on October 31, 2021
Opinion & Essay
Rafael Domingo
“Biden and Francisco, or to Caesar What Is Caesar's,” CNN Español (October 30, 2021)
Matthew B. Lawrence
“Vulnerability Theory and Health Justice,” Harvard Law “Bill of Health” (September 15, 2021)
“In Defense of Sticky Waivers: Executive Entrenchment and the ‘Other’ Texas Case,” State & Local Government Law Blog (September 14, 2021)
Quoted in the Media
Dorothy A. Brown
“The Bias Built into Tax Laws that Disadvantages Income from Labor,” NPR, “All Things Considered” (October 30, 2021)
“Proposals: Amend Tax Codes to Address Economic Inequality,” Saporta Report (October 25, 2021)
“Author Talks: Dorothy A. Brown on the whiteness of wealth,” McKinsey & Company (October 15, 2021)
“Congress Is Passing Up a Chance To Close a Tax Loophole — and the Racial Wealth Gap,” Washington Post (September 16, 2021)
Annie C. Deets
“A Small Town Problem in Arbery Trial Jury Selection: ‘Everyone Knows Everyone,’” Reuters (October 28, 2021)
Mary L. Dudziak
“Mass Death as Everyday Life,” COVID-Calls podcast (October 4, 2021)
“Short Reviews: Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism,” Global Asia (September 2021)
“Mythology, Militarism, and Collective Amnesia: America’s Culture of War,” Crashing the War Party podcast (August 6, 2021)
George S. Georgiev
“Pay Gap Disclosure Will Do Little to Address Inequality in South Africa,” fin24 (October 18, 2021)
“Apples and Avocados: Pay Ratio’s Limitations Undercut Progressive Aims,” Thomson Reuters Accounting & Compliance Alert (October 18, 2021)
Timothy R. Holbrook
"Can Kathi Vidal Bridge the PTO's Divides?" The Recorder (October 29, 2021)
Matthew B. Lawrence
“Kemp Vows to Fight President Biden's Vaccine Order,” CBS-46 News (September 10, 2021)
Jonathan R. Nash
“'A Failure on My Part': Federal Judge Addresses Investigation into Conflict of Interest,” Daily Report (September 30, 2021)
Fred Smith Jr.
“What Can the Trial of Arbery's Alleged Killers Tells Us About Justice in America?” Georgia Public Broadcasting, “Political Rewind” (October 22, 2021)
“Atlanta’s First Black Female District Attorney Is at the Center of America's Converging Crises,” Time (September 28, 2021)
“Right to Abortion Access in Question As Ga. GOP Considers Texas-Inspired Law,” Georgia Public Broadcasting, “Political Rewind” (September 17, 2021)
Barbara Bennett Woodhouse
“Scanno, an Ideal Village for Children,” Abruzzo Travel & Food (October 31, 2021)
Accolades
Asa Griggs Candler Professor of Law Kristin N. Johnson has been nominated to serve as a commissioner on the Commodity Futures Trading Commission. An expert in cryptocurrency and fintech with specialization in the regulation of complex financial products, Johnson would bring valuable knowledge to regulating a $582 trillion global derivatives market, which the CFTC oversees. In April, Johnson testified before the US House Committee on Financial Services Subcommittee on Consumer Protection and Financial Institutions in the hearing "Banking Innovation or Regulatory Evasion? [Exploring Trends in Financial Institution Charters]." Read more.
Jonathan R. Nash and colleagues have received a $10,000 seed grant for research from the Systematic Content Analysis of Litigation Events Open Knowledge Network to Enable Transparency and Access to Court Records program. His collaborators are: Anna Gunderson, Louisiana State University; Hannes Schwandt , Northwestern University; Neel Sukhatme, Georgetown Law; Nina Varsava, University of Wisconsin Law School; and Corey Yung, Kansas University Law. Also, Nash earned his PhD in political science from Emory's Laney School of Graduate Studies.
Books & Journals
Silas W. Allard
Books
Christianity and the Law of Migration: An Introduction (Routledge, 2021) (with Kristin E. Heyer & Raj Nadella) Allard also wrote the book’s introduction, “Introduction: Law and Theology in the Age of Migration,” and the chapter “Borders as Sites of Exclusion and Engagement.”
Chapters
“Hopelessly Practicing Asylum: Asylum Seekers, Advocates, and Hostile Jurisdictions,” in Christianity and International Law: An Introduction (Pamela Slotte & John D. Haskell eds., 2021)
Margo A. Bagley
Articles
“Just” Sharing, 63 Harvard International Law Journal (forthcoming 2022)
What’s Yours is Mine and What’s Mine is Mine: Benefit-sharing Obligations and the De-Materialization of Genetic Resources, 63 Harvard International Law Journal Online (forthcoming 2021)
Genome Editing in Latin America: CRISPR Patent and Licensing Policy, NCSU Genetic Engineering and Society Center (2021)
Chapters
Intellectual Property, Access to Medicines, and Christian Tradition, in Christian Tradition and Economic Regulation (Daniel Crane ed., 2021)
Laurie R. Blank
Books
International Conflict and Security Law (Edward Elgar Publishing, forthcoming 2022)
International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War (2nd ed., Aspen/Wolters Kluwer 2021) (with Gregory P. Noone)
William J. Carney
Articles
Organizing a Business Law Department Within a Law School, University of Colorado Law Review Digital (2021)
Rafael Domingo
Articles
Toward the Spiritualization of Politics, 63(2) Journal of Church and State 234 (2021)
Chapters
“Oscar Arnulfo Romero y Galdamez (El Salvador, 1919-1980),” in Law and Christianity in Latin America. The Work of Great Jurists (M.C. Mirow & Rafael Domingo eds., 2021)
Mary L. Dudziak
Articles
The Numbers: Encountering Casualties in the Era of COVID-19, 45(3) Diplomatic History 489 (2021)
Books
Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism (University of Massachusetts Press 2021) (with Mark Philip Bradley)
Chapters
An Uncountable Casualty: Ruminations on the Social Life of Numbers, in After Life: Death and Loss in 2020 America (Keri Leigh Merritt, Rhae Lynn Barnes & Yohuru Williams eds., forthcoming 2022)
Martha Albertson Fineman
Articles
Populations, Pandemics and Politics, in 0(0) International Journal of Discrimination and Law 1 (special issue: Lessons for and from Vulnerability Theory)
Chapters
The Importance of Incorporating Feminist Perspectives in Corporate Law, in Feminist Judgments: Rewritten Corporate Law (Usha Rodrigues, Kelli Alces Williams & Anne Choike eds., forthcoming 2021) (with Anne Choike & Cheryl Wade)
Richard D. Freer
Articles
From Contact to Relatedness: The New Era in Specific Personal Jurisdiction, 73 Alabama Law Review (forthcoming 2022)
The Roberts Court and Class Litigation: Revolution, Evolution, and Work to be Done, 51 Stetson Law Review (forthcoming 2021)
Ford Motor Company v. Montana Eighth Judicial District: Lots of Questions, Some Answers, 71 Emory Law Journal Online (2021) (with Patrick Borchers & Thomas Arthur)
Books
Civil Procedure (5th ed., Aspen Student Treatise series, forthcoming 2022)
Federal Courts (4th ed., West Academic 2021) (with Donald Doernberg & Martin Redish)
George S. Georgiev
Articles
Is “Public Company” Still a Viable Regulatory Category?, 12 Harvard Business Law Review (forthcoming 2022)
The Erosion of the Public-Private Divide in Securities Law: Causes, Consequences, and Reforms, 18 New York University Journal of Law & Business 1 (forthcoming 2021)
Timothy R. Holbrook
Articles
Is There a New Extraterritoriality in Intellectual Property? 44(4) Columbia Journal of Law and the Arts 457 (2021)
Books
Patents, Property, and Possession: A Unifying Approach to Patent Law (Cambridge University Press, forthcoming 2022)
Chapters
Intellectual Property, in Research Handbook on Extraterritoriality in International Law (Austen Parrish & Cedric Ryngaert eds., forthcoming 2022)
Darren Lenard Hutchinson
Articles
“With All the Majesty of the Law”: Systemic Racism, Punitive Sentiment, and Equal Protection, 110 California Law Review (forthcoming 2022)
Kristin N. Johnson
Articles
The Implications of Artificial Intelligence for a Just Society, Journal of International and Comparative Law (forthcoming 2021)
The Disparate Impact of Digital Surveillance, 101 Boston University Law Review (forthcoming 2021) (with Daiquiri Steele)
Books
Research Handbook on Artificial Intelligence & The Law (Cambridge University Press, forthcoming 2022) (with Carla Reyes)
Artificial Intelligence & The Law: Cases and Materials (Aspen, forthcoming 2022) (with Carla Reyes)
Chapters
Algorithmic Corporate Governance, in A Research Agenda for Corporate Law (Christopher Bruner & Marc Moore eds., forthcoming 2022)
Reimagining Investor Protection, in Feminist Judgments: Rewritten Corporate Law (Usha Rodrigues, Kelli Alces Williams & Anne Choike eds., forthcoming 2021) (with Carla Reyes)
Matthew B. Lawrence
Articles
Medicare "Bankruptcy,” 63 Boston College Law Review (forthcoming 2022)
Chapters
COVID-19 Reveals the Fiscal Determinants of Health, in COVID-19 and the Law: Disruption, Impact and Legacy (Abbe Gluck, Katherine Kraschel, & Carmel Shachar eds., forthcoming 2022)
Kay L. Levine
Articles
Models of Prosecutor-Led Diversion in the US and Beyond, 4 Annual Review of Criminology 331 (2021) (with Ronald Wright)
Jonathan R. Nash
Articles
Courts Creating Courts: Problems of Judicial Institutional Self-Design, 73 Alabama Law Review (forthcoming 2021)
The Certificate of Division and the Early Supreme Court, Southern California Law Review (forthcoming 2021) (with Michael Collins)
Rafael I. Pardo
Books
Secured Transactions: Problems and Materials (4th ed., West Academic Publishing 2021) (with Paul Barron & Mark B. Wessman)
Polly J. Price
Books
Plagues in the Nation: How Epidemics Shaped America (Beacon Press, forthcoming 2022)
Ani B. Satz
Chapters
Animal Experimentation and Human Health, in The Oxford Handbook of Global Animal Law (Anne Peters, Kristen Stilt & Saskia Stucki eds., forthcoming 2022)
Johan D. van der Vyver
Books
International Criminal Law, Vol. 1: History and Structures of the International Criminal Court (Lambert International Publishing, 2021) Volumes II & III are forthcoming.
Liza Vertinsky
Articles
Pharmaceutical (Re)capture, 20 Yale Journal of Health Policy, Law & Ethics (2021)
Genetic Paparazzi: Beyond Genetic Privacy, 82 Ohio State Law Review 409 (2021) (with Yaniv Heled)
Chapters
Genetic Paparazzi, in Consumer Genetic Technologies: Ethical and Legal Considerations (Cambridge University Press, forthcoming 2021) (with Yaniv Heled)
John Witte Jr.
Articles
Faith in Strasbourg and Luxembourg: The Fresh Rise of Religious Freedom Litigation in the Pan-European Courts, 70 Emory Law Journal 587 (2021) (with Andrea Pin)
Books
Religion and the American Constitutional Experiment (5th ed., Oxford University Press, forthcoming 2022) (with Joel Nichols & Richard W. Garnett)
The Impact of Family on Character Formation in Late Modern Pluralistic Societies (EVA Press, forthcoming 2022) (with Michael Welker, et al.)
The Impact of Education on Character Formation in Late Modern Pluralistic Societies (EVA Press, forthcoming 2022) (with Michael Welker, et al.)
Religion and the American Constitutional Experiment (4th ed., Oxford University Press, 2016) (French translation by Olivier Descamps, Presses Universitaires de France, forthcoming 2022) (with Joel A. Nichols)
The Western Case for Monogamy over Polygamy (Cambridge University Press, 2015) (Chinese translation by Ruihua Zhong, China Social Sciences Press, forthcoming 2022)
The Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered (Cambridge University Press, 2009) (Korean translation by David Jung, Hangilsa Publishers, forthcoming
2022)
Chapters
The Protestant Reformation of Constitutionalism, in Christianity and Constitutionalism (Nicholas Aroney & Ian Leigh eds., forthcoming 2022)
“It Takes a Society to Raise a Family”: The Multidimensional Family Sphere, and, Restoring the Value(s) of Religion in American Public Education, both chapters in The Impact of the Family on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (EVA Press, forthcoming 2022)
Foreword, to Law and the Christian Tradition in Modern Russia (Paul Valliere & Randall Poole eds., forthcoming 2022)
Abraham Kuyper and Reformed Public Theology, in Protestantism and Modernity: Abraham Kuyper, Max Weber, and Ernst Troeltsch (Chinese translation, Zhibin Xie ed., 2021)
Presentations
Margo A. Bagley
“Patent Claims: the Article ‘A:’ Only One or More Than One And Other Impactful Words/Punctuation,” CLE hosted by Strafford on August 5, 2021
“Genome Editing in Latin America: CRISPR Patent and Licensing Policy,” hosted by the Inter-American Development Bank/NCSU Genetic Engineering and Society Center in July 2021
“Reflections on the 2nd Global Dialogue on Digital Sequence Information,” hosted by the Access and Benefit Sharing Initiative (ABS) on July 26, 2021. Bagley also served as discussion group chair.
“The Challenges of DSI for ABS and the Implications for R&D,” at the 25th Annual Conference of the International Consortium on Applied Bioeconomy Research, held on July 2, 2021 (chair)
Mary Anne Bobinski
“University of British Columbia Dialogues: Medical Innovations: Where Is Technology Leading Us?,” hosted by the UBC Faculty of Applied Science, Faculty of Medicine, Faculty of Pharmaceutical Sciences, and Peter A. Allard School of Law on June 23, 2021 (expert panelist)
Rafael Domingo
“Spirituality, Conscience and Religion as Factors of Personal, Social and Legal Change,” hosted by the European Academy of Religion (Münster, Germany) on August 31, 2021 (panelist)
“Global Law and Global Leadership,” hosted by the University of Saint Ignatius of Loyola (Lima, Peru) on June 19, 2021
“The Individual in Contemporary Natural Law from the Perspective of Sacred Natural Law Theory,” at “The Individual in International Law: History and Theory,” hosted by the Max Planck Institute for Public International Law and Comparative Law on June 17, 2021
“Law and Christianity in Latin America,” hosted by the Law History Research Institute (Buenos Aires, Argentina) on June 3, 2021
Martha Albertson Fineman
“Better Living… Through Property?” Virtual Visiting Scholar Lecture (Lua K. Yuille), hosted by the Vulnerability and Human Condition Initiative on August 20, 2021 (convenor and commentor)
“An Application of Vulnerability Theory to Computing: Online Privacy,” hosted by the Vulnerability and Human Condition Initiative on August 12, 2021 (convenor and commentor) (with Olivia Bangs and Paul Myers)
“Other Laws, Other Worlds,” Virtual Visiting Scholar Lecture (Camilla S. Jydebjerg), hosted by the Vulnerability and Human Condition Initiative on August 6, 2021 (convenor and commentor)
“Responding to Human Vulnerability Through Law,” hosted by the Vulnerability and Human Condition Initiative and the University of Nairobi Parklands School of Law on July 16 (keynote)
“The Feminism and Legal Theory Project: Decades of Innovation,” at the inaugural lecture for Feminist Judgments Project's Summer Series on June 2, 2021 (presenter and chair)
George S. Georgiev
Workshop on Business Law: “First Things First: Is Short-Termism the Problem?” at the Southeastern Association of Law Schools Annual Meeting on July 29, 2021 (discussant)
“Plenary Panel: Beyond Shareholder Primacy” (panelist); “Is ‘Public Company’ Still a Viable Regulatory Category?”; and “The Law and Economics of Materiality”; all at the 12th Annual National Business Law Scholars Conference, hosted by the University of Tennessee College of Law on June 17-18, 2021
Darren Lenard Hutchinson
“’With All the Majesty of the Law’: Racism, Punitive Sentiment, and the Failure of Equal Protection,” at the John Mercer Langston Workshop, hosted by UC Berkeley School of Law in July 2021
Jonathan R. Nash
“A Subject-Matter Specific Empirical Investigation into the Impact of the Summary Judgment Trilogy,” Law & Economics Workshop, hosted by the University of Michigan, University of Southern California, and University of Virginia, in August 2021 (with D. Daniel Sokol). Nash also presented on this topic at a Civil Procedure Workshop hosted by the University of Alabama in August 2021 and at the Emory-UGA Summer Workshop, hosted by Emory Law in July 2021.
“Filibuster Change and Judicial Appointments,” at the West Virginia Bar Association Annual Meeting held in July 2021
“Communicating Risk Across the Political Divide,” at the Society of Environmental Law and Economics Annual Meeting hosted by Notre Dame Law School in June 2021 (with Cherie Metcalf). Nash also presented on this topic at the Sustainability Conference of Legal Educators, hosted by Arizona State University Sandra Day O’Connor School of Law in May 2021
Polly J. Price
“Citizenship and Alienage in the American Political Economy,” at the Law and Society Association Annual Meeting on May 27, 2021 (chair and discussant)
Ani B. Satz
Workshops on Labor and Employment Law: “Pedagogical Trends in Teaching Employment Discrimination” and “COVID-19 and Worklaw”; also, “Trending Topics in Health Law and Health Policy”; all at the Southeastern Association of Law Schools Annual Conference on July 26-August 1, 2021 (discussant)
“Federalism, State Action, and Workers’ Medical Privacy,” Emory-UGA Summer Workshop, hosted by Emory Law on July 29, 2021
“Faux Preemption,” at the Brooks Institute for Animal Rights Law and Policy Summer Academic Workshop held on June 24-25, 2021
“Principles and Pandemics: Overcoming Structural Disability Discrimination During Public Health Emergencies,” at the Annual Health Law Professor’s Conference, American Society of Law, Medicine, and Ethics, hosted by Northeastern University Law School Center for Health Policy and Law on June 9-11, 2021
Liza Vertinsky
“Patenting AI and Innovation Capacity,” at the IP Scholars Conference on August 5, 2021
“Pharmaceutical (Re)capture,” Health Law Professors Conference, hosted
by Northeastern Law School on June 10, 2021
Cited
George S. Georgiev’s articles on securities regulation were cited recently in relation to ongoing reforms to the SEC disclosure regime, including in a speech by SEC Commissioner Hester Peirce; a Center for American Progress report; and comment letters to the SEC from academics, NGOs, and other stakeholders.
Offices & Appointments
Martha Albertson Fineman was appointed to the International Advisory Board of the Cardiff Centre for Law and Society in July 2021 and named senior faculty fellow of the Emory University Center for Ethics in June 2021.
Opinion, Essay, Review & Comment
Thomas C. Arthur
“NCAA v. Alston: Unanswered Questions About the Future of College Sports—and the Antitrust Rule of Reason,” George Washington Law Review “On the Docket” (2021)
Margo A. Bagley
Dirty Hands, Dead Patent? (reviewing Unclean Patents by Sean Seymore, 102 Boston University Law Review, forthcoming 2022)
Dorothy A. Brown
“The IRS Is Targeting the Poorest Americans,” The Atlantic (July 27, 2021)
Rafael Domingo
“To Iraq and Back: Takeaways of an Historic Papal Visit” Canopy Forum (August 20, 2021)
Review of, Christians In The Society Of The XXI Century (Conversation with Monsignor Fernando Ocáriz, Prelate of Opus Dei.) in 15 Studia et Documenta 20 (2021)
George S. Georgiev
Comment Letter to the SEC on Climate Change and Other ESG Disclosure, in response to the SEC’s Request for Public Input (June 22, 2021)
Kristin N. Johnson
“Disintermediation and Decentralization in Financial Markets,” The Regulatory Review (May 4, 2021) (republished in 10 Regulatory Digest 17 (May 5, 2021)
Liza Vertinsky
“FDA is Departing from Long-Standing Procedures to Deal with Public Health Crises and This May Foreshadow Problems for COVID-19 Vaccines,” The Conversation (August 27, 2020) (with Y. Heled and A. Santos Rutschman)
“Combating Alzheimer’s Disease Through Effective Public-Private Partnerships,” Health Affairs Blog (August 18, 2021)
“To Address the Overdose Epidemic, Tackle Pharma Industry Influence,” Bill of Health Blog, Monday August 2, 2021
“Regulatory Reactivity in FDA’s Approval of Aduhelm,” The Regulatory Review (July 6, 2021) (with A. Santos Rutchman and Y. Heled)
“Regulatory Reactivity: FDA and the Response to Covid-19,” 76(2) Food and Drug Law Journal (2021) (with A. Santos Rutschman & Yaniv Heled)
“An Institutional Solution to Build Trust in Pandemic Vaccines," 31 Harvard Public Health Review Online (2021) (with A. Santos Rutschman & Yaniv Heled)
John Witte Jr.
“From Bentham to Biggar: Skepticism about Rights Skepticism” (review of What’s Wrong with Rights? by Nigel Biggar), Canopy Forum (June 11, 2021)
Quoted in the Media
Dorothy A. Brown
“Biden's Tax Policies Can Do More To Address Racism,” Forbes (July 22, 2021)
“The Whiteness of Wealth | Dorothy Brown on the State of Working America Podcast,” Economic Policy Institute (June 8, 2021)
“Tax Experts on How the Wealthiest Avoid Paying Income Taxes,” “The Last Word,” June 8, 2021
“Steve Rattner: Labor Force Depressed as Job Openings Soar,” “Morning Joe,” June 7, 2021
“The Tax System Is Built to Favor Wealthy Whites, New Book Argues” Washington Post (May 28, 2021)
“How Taxes Keep American Wealth White,” NPR (May 25, 2021)
“Dorothy A. Brown on ‘The Whiteness of Wealth’ and Financial Tips for Black Community,” “The View” (May 19, 2021)
“A Gift Left the Morehouse Class of ’19 Debt-free. Here’s How It’s Changing Their Lives,” “MarketPlace” (May 13, 2021)
"Are Taxes Racist? Author Dorothy Brown on How the Tax Code Makes the Wealth Gap Worse,” Salon (May 5, 2021)
Michael J. Broyde
“Stay on the Job, Justice Breyer,” CNN Opinion (May 20, 2021)
Mary L. Dudziak
“Afghanistan, Vietnam and the Limits of American Power,” New York Times (August 17, 2021)
George S. Georgiev
“U.S. SEC Prepares to Take on Corporate America Over Workforce Disclosures,” Reuters (August 16, 2021)
“Nikola Shareholders Reject Executive Pay Proposal,” Reuters (July 7, 2021)
Mindy Goldstein
“How to Make a Neighborhood Farm for an Entire Metropolis,” New York Times (August 9, 2021)
Timothy R. Holbrook
“Poll: Support for Same-Sex Marriage at All-Time High Among Americans,” 11 Alive (June 15, 2021)
“Hundreds of ‘Submarine Patents’ Likely in Peril After Ruling,” Bloomberg Law (June 2, 2021)
Jonathan R. Nash
"Aging on the Bench: Respect and Politics Factor into Judges' Decisions to Retire or Take Senior Status," Daily Report (August 19, 2021)
“DOJ Slow To Resolve Trump-Era Legal Battles,” The Hill (May 3, 2021)
Kamina Pinder
“Clayton and Dekalb Counties Implement New Mask Mandate Ahead of 21-22 School Year,” Atlanta Voice (July 15, 2021)
“The Pot Brothers at Law Want You to ‘Shut the F*ck Up’ Around Cops,” Vice (May 28, 2021)
Polly J. Price
“Could Joe Biden Challenge Florida, Texas on Mask Policies? Probably Not,” Politifact (August 12, 2021)
Ani B. Satz
“Yes, Private Employers Can Mandate Getting the COVID-19 Vaccine,” WMAZ-13 (July 23, 2021)
“Law Professor Takes on the Common Wisdom that HIPPA Has No Application in Workers’ Compensation,” Pennsylvania Bar Workers’ Compensation Law Section Newsletter (Pennsylvania Bar Association, May 2021) (Based on Satz’s 2019 article, here.)
Fred O. Smith Jr.
“The Supreme Court Throws Out A State Law Requiring Nonprofits To Name Rich Donors,” NPR (July 1, 2021)
Work from March-April 2021
Accolades
Asa Griggs Candler Professor of Law Kristin Johnson testified before the US House Committee on Financial Services Subcommittee on Consumer Protection and Financial Institutions in the April 15, 2021, hearing "Banking Innovation or Regulatory Evasion? Exploring Trends in Financial Institution Charters."
Books & Journals
Articles
Rafael Domingo
Business and Spirituality: A Discussion Paper on Intertwining Metaparadigms, 23.1 Journal of Applied Business and Economics 170
Martha Albertson Fineman
Universality, Vulnerability, and Collective Responsibility, 16.1 The Ethics Forum (2021)
Introduction, 55.1 The Law Teacher special issue: Vulnerability and the Organisation of Academic Labour (2021) (with Graham Ferris)
George S. Georgiev
The Human Capital Management Movement in US Corporate Law, 95 Tulane Law Review 639 (2021)
Jennifer Hickey
Nature is Smarter Than We Are: Midwifery and the Responsive State, 40.2 Columbia Journal of Gender and Law (2021)
Kristin Johnson
Decentralized Finance: Regulating Cryptocurrency Exchange, 62 William & Mary Law Review 1911 (2021)
Matthew B. Lawrence
Subordination and Separation of Powers, 131 Yale Law Journal (forthcoming)
Health Reform Reconstruction, UC Davis Law Review (forthcoming 2021) (with Lindsay Wiley, Erin Fuse Brown & Liz McCuskey)
Kay L. Levine
Victims' Rights in the Diversion Landscape, 74.3 Southern Methodist University Law Review (forthcoming 2021)
Jonathan R. Nash
Nontraditional Criminal Prosecutions in Federal Court, 53 Arizona State Law Journal 143 (2021)
Promoting Regulatory Prediction has been accepted for publication by the Indiana Law Journal (forthcoming 2021) (with Jonathan S. Masur)
Rafael I. Pardo
On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State, 48.4 Fordham Urban Law Journal 801 (2021) (invited Cooper-Walsh Colloquium contribution)
Frank J. Vandall
A Compensation System for Gun Deaths and Injuries, Law Journal for Social Justice (forthcoming 2021)
The United States Ban on Tourism to Cuba, 22 San Diego International Law Journal (forthcoming)
Books
Dorothy A. Brown
The Whiteness of Wealth: How the Tax System Impoverishes Black Americans–and How We Can Fix It (Crown 2021)
John Witte Jr.
The Blessings of Liberty: Human Rights and Religious Freedom in the Western Legal Tradition, has been accepted for publication by Cambridge University Press.
Faith, Freedom, and Family: New Essays in Law and Religion (Norman Doe & Gary S. Hauk eds.) has been accepted for publication by Mohr Siebeck.
Book Chapters
Matthew B. Lawrence
COVID-19 Reveals the Fiscal Determinants of Health, in COVID-19 and the Law: Disruption, Impact and Legacy (Abbe Gluck, Katherine Kraschel, & Carmel Shachar eds., forthcoming 2022)
John Witte Jr.
Natural Law in Europe and America (1600-), in The Encyclopedia of the Bible and Its Reception (Constance M. Furey, Joel LeMon, Brian Matz, Thomas Römer, Jens Schröter, Barry Dov Walfish & Eric Ziolkowski eds., 2010-)
Presentations
Silas Allard
“Encounter and the Ethical Preconditions of Immigration Policy,” at the Southeastern Immigration Studies Association Annual Meeting, sponsored by The Citadel and the College of Charleston, on April 9, 2021
Margo A. Bagley
“Towards a Global Consensus on Open Science—Online Expert Meeting on Open Science and Intellectual Property Rights,” hosted by the United Nations Educational, Scientific and Cultural Organization, on April 23, 2021 (expert panelist)
"'Just’ Sharing,” University of Virginia Page-Barbour Lecture, April 2021
“Thou Shalt Not Steal: The Morality of Compulsory Licensing of Pharmaceutical Patents,” at “Patents on Life: Law & Social Ethics,” hosted by the Murphy Institute at the University of St. Thomas School of Law, in April 2021
“International Patent Law in Global Issues in Antimicrobial Resistance,” at Emory University’s Rollins School of Public Health, in April 2021
Dean’s Town Hall, Emory University School of Law Homecoming, on April 16, 2021 (moderator)
"Seed Patents," Seed School Teacher Training, hosted by the Rocky Mountain Seed Alliance, in April 2021
“Reflection on the Co-chairs Panel: Discussion on Potential Criteria for Assessing DSI Policy Options,” hosted by the GIZ-ABS Capacity Development Initiative, in March 2021 (expert panelist)
"Food Security and Biotechnology," and "Traditional Knowledge and Genetic Resources,” for IP specialists from various countries for the World Intellectual Property Organization Academy, which trains trainers on the advanced module on intellectual property, in March 2021
Martha Albertson Fineman
“Property and Resilience Workshop,” sponsored by Emory Law’s Vulnerability and the Human Condition Initiative, on April 23, 2021 (organizer, presenter)
“Vulnerability Theory, the Employment Relationship, and the State,” sponsored by Emory Law’s Vulnerability and the Human Condition Initiative, on March 12-13, 2021 (organizer, presenter)
Richard D. Freer
"The Roberts Court and the Adjudication Process," at “Civil Procedure Transformation after Fifteen Years of the Roberts Court,” sponsored by Stetson University, on April 9, 2021 (panelist)
"Current Trends in Civil Litigation," at “Quo Vadis Civil Justice: Filling the Gaps in Civil Justice in the US and Europe,” sponsored by Emory Law and the University of Oxford’s Centre for Socio-Legal Studies Swiss Re Programme for Civil Justice Systems, on March 26, 2021 (moderator)
"The Politics and Effects of Diversity Jurisdiction," at the “Conference on Federal Diversity Jurisdiction,” sponsored by Emory Law’s Center on Federalism and Intersystemic Governance, on March 19, 2021
"From Regulating Defendants to Regulating Conduct: The New Focus in Specific Personal Jurisdiction," at “Ten Years of the Supreme Court’s Personal Jurisdiction Revival,” sponsored by the University of Alabama, on March 5, 2021
George S. Georgiev
“The Public Company Regulatory Paradox and the Remaking of Federal Corporate Law,” Emory Law Faculty Colloquium, on April 14, 2021
Mindy Goldstein
“Zoning for Compost,” hosted by the Georgia Recycling Coalition, in April 2021
“Climate Change – It’s Real. So What Can US Environmental Law Do About It?” at the Senior University of Greater Atlanta, in March 2021
Kay L. Levine
“Victims' Rights in the Diversion Landscape,” at “Prosecution Reform,” hosted by Southern Methodist University Dedman School of Law's Deason Criminal Justice Reform Center, on April 22, 2021
Jonathan R. Nash
"Communicating Risk across the Political Divide" at the Midwest Political Science Association Annual Meeting, in April 2021 (with Cherie Metcalf)
"Evaluating District Judges' Incentives to Appoint Magistrate Judges on the Basis of Merit Instead of Ideology" at the Emory Center for Law and Social Science Conference on Magistrate Judges, in April 2021 (organizer, presenter)
"Aligning Diversity Jurisdiction with Its Bias Rationale" at the "Conference on Federal Diversity Jurisdiction,” sponsored by Emory Law’s Center on Federalism and Intersystemic Governance, in March 2021 (with Daniel Klerman) (organizer, presenter)
"Promoting Regulatory Prediction" at the Association of American Law Schools Annual Meeting, in January 2021
Rafael I. Pardo
“Bank Creditors, Slave Mortgages, and the Making of Modern Bankruptcy Law,” at the Organization of American Historians Annual Meeting, on April 15–18, 2021
Polly J. Price
“The Lessons of COVID-19: How Do We Combat the Next Epidemic?” sponsored by Bridge Emory, on April 21, 2021 (panelist)
Ani B. Satz
“Faux Preemption,” for the Animal Studies Society (cosponsored by Emory University's Comparative Literature; English; Philosophy; and Women’s, Gender, and Sexuality Studies departments), on April 9, 2021
“Careers in Academia,” sponsored by Emory Law’s Health Law Society, on March 11, 2021 (panelist)
Timothy P. Terrell
During March and April, Terrell conducted legal writing programs for the Massachusetts appellate judiciary (judges and clerks); the Illinois Appellate Lawyers Association; the New Mexico appellate courts (judges and clerks, including a half-day of discussion of edited judicial opinions).
John Witte Jr.
“The Inner Life, the Struggle for Black Freedom, and Critical Race Theory,” McDonald Distinguished Fellows Conference, hosted by Emory Law’s Center for the Study of Law and Religion, on April 23, 2021
“The Possibility of a New Emory Encyclopedia of Law and Christianity,” on April 20, 2021 (convener, presenter)
“Defending the Fundamental Rights of Parents: A Response to Recent Attacks,” McDonald Distinguished Fellows Conference, hosted by Emory Law’s Center for the Study of Law and Religion, on March 26, 2021 (convener, presenter)
Barbara Bennett Woodhouse
“The Ecology of Childhood in the COVID-19 Era,” the Walter Weyrauch Distinguished Lecture in Family Law, sponsored by the University of Florida Levin College of Law, on March 10, 2021
Cited
Jonathan R. Nash
The Curious Legal Landscape of the Extraterritoriality of US Environmental Laws, 50 Virginia Journal of International Law 997 (2010), was cited by the US Court of Appeals for the Second Circuit, in City of New York v. Chevron Corp. (April 1, 2021)
State Standing for Nationwide Injunctions against the Federal Government, 94 Notre Dame Law Review 1985 (2019) was cited by the US District Court, Southern District of Texas, in Texas v. United States. (January 26, 2021)
Amicus Briefs
Ani B. Satz
Terkel v. Centers for Disease Control, US Court of Appeals for the Fifth Circuit
Chambless Enterprises v. Walensky, US Court of Appeals for the Fifth Circuit
(Satz is a member of The George Consortium, which participated in the briefs.)
Opinion & Essay
Laurie R. Blank
“The Legitimate Aims of Self-Defense,” Articles of War (March 4, 2021)
Dorothy A. Brown
“College Isn’t the Solution for the Racial Wealth Gap. It’s Part of the Problem,” Washington Post (April 9, 2021)
“How the US Tax Code Privileges White Families,” The Atlantic (March 23, 2021)
“Your Home’s Value Is Based on Racism,” New York Times (March 20, 2021)
Rafael Domingo
"After 8 Years of Papacy, in Iraq We Met Francis," CNN Espanol, (March 12, 2021)
Quoted in the Media
Dorothy A. Brown
“The Whiteness of Wealth with Dorothy Brown,” Forever 35, (April 28, 2021)
“The Federal Government Is Losing Billions in Unpaid Taxes, in Part Due to Racial Disparities in the Tax Code,” Washington Post (April 23, 2021)
“The Tax Code Helps White People Get Richer,” Vox (April 20, 2021)
“Axing ‘SALT’ Limit Would Widen Income Gap, Witness Tells Panel,” Roll Call (April 20, 2021)
“The Whiteness of Wealth with Dorothy A. Brown,” “Why This is Happening,” with Chris Hayes (April 20, 2021)
“Tax Expert Dorothy Brown Talks About The Whiteness of Wealth,” The 19th (April 15, 2021)
“The Whiteness of Taxation: Wealth, Race and DC Statehood (with Dorothy Brown, Maura Quint and Demi Stratmon),” “On the Issues with Michele Goowin,” Ms. (April 12, 2021)
“Racism in the Tax Code and the Whiteness of Wealth with Dorothy Brown,” Alyssa Milano: Sorry Not Sorry (April 12, 2021)
“Tax Expert Dorothy Brown: ‘The System Is Designed for White Wealth,’” “Amanpour and Company” (April 8, 2021)
“Dorothy Brown: ‘The System for Wealth Building Is Designed to Build White Wealth,’” New York Magazine, "Intelligencer" (April 7, 2021)
“Pat Yourself on the Back (with Dorothy A. Brown & Shaka King),” Crooked, "Pod Save the People," (April 6, 2021)
“Race and Taxes, and Jane Mayer on How to Kill a Bill,” New Yorker (April 2, 2021)
“Exposing the Inequalities of America's Taxation System,” Bloomberg (March 29, 2021)
“Dorothy A. Brown: Racist Tax Codes Exist Because ‘A Rich, White Couple Wanted to Pay Less In Taxes,’” MSNBC (March 27, 2021)
“How the Tax System Impoverishes Black Americans and How to Fix It,” MSNBC, “Morning Joe” (March 26, 2021)
“How Our Tax Code Is Rigged Against Black Americans,” Mother Jones (March 23, 2021)
“The Whiteness of Wealth,” C-SPAN (March 23, 2021)
“Joe Biden’s Tax Plan, Explained,” Vox (March 18, 2021)
“Is the Tax Code Racist?,” Bloomberg Equality Summit (March 18, 2021)
“Taxes May Not Be Colorblind, and Critics Say More Data Could Prove It,” Politico (March 16, 2021)
“A Tax Code Optimized for White Wealth Leaves Black Americans Behind,” Bloomberg Businessweek (March 10, 2021)
“The Deep Racial Bias in US Tax Code,” Bloomberg (March 10, 2021)
“Is a Tax on ‘Ultra-Millionaires’ the Answer to Massive Inequality?” The Nation (March 4, 2021)
Kristin Johnson
“Biden Regulators May Clamp Down on High-Cost Digital Lenders,” S & P Global Market Intelligence (April 21, 2021)
“Fintechs Need Strong Consumer Protections, Diversity, Inclusion Asserts Key Congressman,” Forbes (April 16, 2021)
“Did Social Media ‘Manipulate’ Gamestop?” Roll Call (March 2, 2021)
Jonathan R. Nash
“Get Ready for Pushback Against Biden's Diverse Picks for Judgeships,” Reuters (April 1, 2021)
Polly J. Price
“Business Suits over Virus Rules Likely To Fail, but Not Slow,” Law360 (March 4, 2021)
Ani B. Satz
“Yes, Your Boss Can Require You Get A COVID Shot (and So Can the Government),” Fox 5 Atlanta, (March 5, 2021)
Joanna M. Shepherd
“Progressive Judges Wish List Heavy on ACLU, Light on Big Law,” Bloomberg Law (March 2, 2021)
Alexander Volokh
“Georgia Attorney General Leads Coalition to Block DC Statehood,” Fox5 Atlanta (April 16, 2021)
“Electric Car Makers Battle Georgia Auto Dealers to Sell Directly to Buyers,” Atlanta Journal-Constitution (March 2, 2021)
Work from January-February 2021
Accolades
Mary L. Dudziak was elected to membership in the Council on Foreign Relations. Read the news release.
Books & Articles
ARTICLES
Margo A. Bagley
“Advancing Commercialization of Digital Products from Federal Laboratories,” National Academies of Sciences, Engineering and Medicine, Committee Consensus Study Report (2021)
Laurie R. Blank
The Use of Force to Prevent Recurrence of Conflict: Where Are the Limits of Self-Defense?, 86 Brooklyn Law Review 1 (2020)
Rafael Domingo
Business and Spirituality: A Discussion Paper on Intertwining Metaparadigms, 23.1 Journal of Applied Business and Economics (forthcoming 2021)
John Paul II and the Law, 55 General Review of Canon Law and Ecclesiastical Law of the State (2021)
Richard D. Freer
The Political Reality of Diversity Jurisdiction, 94 Southern California Law Review (forthcoming 2021)
"Defense Preclusion": Exploring a Narrow Gap in Preclusion Law, 40 The Review of Litigation (forthcoming 2021)
Jonathan R. Nash
Courts Creating Courts: Problems of Judicial Institutional Self-Design, 73 Alabama Law Review (forthcoming 2021)
John Witte Jr.
Kuyper and Reformed Public Theology: Family, Freedom, And Fortune 6.2 International Journal of Reformed Theology and Life (2020) (with Eric Wang)
BOOKS
Michael J. Broyde
Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh HaShulhan (Academic Studies Press 2021) (with Shlomo C. Pill)
Rafael Domingo
Law and Christianity in Latin America: The Work of Great Jurists (Routledge 2021) (with M.C. Mirow)
Richard D. Freer
Conflict of Laws: Private International Law (16th ed., Foundation Press, forthcoming 2021) (with Peter Hay & Patrick J. Borchers)
BOOK CHAPTERS
Johan D. van der Vyver
Freedom of Religion: Constitutional Patterns of Protection, in Routledge Handbook of Freedom of Religion or Belief (Silvio Ferrari, Mark Hill QC, Arif A. Jamal & Rosella Bottoni eds., 2021)
John Witte Jr.
Family as the Foundation of Economic Theory in Max Weber, in Protestantism and Modernity: Abraham Kuyper, Max Weber, and Ernst Troeltsch (Zhibin Xie ed., 2021) (translation of The Little Commonwealth: The Family as Matrix of Markets and Morality in Early Protestantism (2018) (with Justin Latterell)
Teaching Sexual Morality in Church and State: Historically and Today, in The Impact of the Law on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (John Witte Jr. et al eds, 2021) (revision of Church, State, and Sex Crimes: What Place for Traditional Sexual Morality in Modern Liberal Societies?) Witte also wrote the book’s introduction.
The Educational Values of Law and Religion Study, in The Impact of Academic Research on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (William Schweiker et al, eds., 2021)
Foreword, to Law and Christianity in Latin America: The Work of Great Jurists (M.C. Mirow & Rafael Domingo eds., 2021
Presentations
All via Zoom or web conference
Margo A. Bagley
International Intellectual Property Scholars Workshop, hosted by Chicago-Kent Law School in February 2021 (commentator)
“CRISPR in Latin America and the Caribbean,” at the launch of the Regional Gene Editing Project for the Agricultural Sector of LAC, hosted by the North Carolina State University Genetic Engineering and Society Center on January 27, 2021
“Intellectual Property and Genetic Resources: New and Emerging Technologies,” at the World Intellectual Property Organization IGC Seminar on January 22, 2021 (moderator and presenter)
“’Three Myths about ‘Defensive Protection’ for Traditional Knowledge” at the WIPO Seminar on Intellectual Property and Genetic Resources, hosted by the WIPO Traditional Knowledge Division Secretariat on January 20-22, 2021
Laurie R. Blank
"Ending War," at the 26th Annual National Security Law Conference hosted by Duke University School of Law's Center for Law, Ethics and National Security on February 27, 2021
Mary L. Dudziak
"The Numbers: Encountering Casualties in the Era of COVID-19" at the Constitutional Law Schmooze hosted by the University of Maryland School of Law on January 27, 2021
“The Future of Progressive Policy,” an American Constitution Society event co-sponsored by the Emory Law and Georgia State University College of Law ACS chapters on February 3, 2021 (panelist)
Martha Albertson Fineman
“Vulnerability Theory” at a workshop for papers to comprise a special edition of the International Journal of Discrimination and the Law on "COVID-19 Lessons For and From Vulnerability Theory,” on February 19, 2021 (keynote)
“Vulnerability Theory” at a Public Procurement and Vulnerability Theory workshop organized by a Vulnerability and Human Condition Initiative visiting scholar, on February 12, 2021. (keynote) The workshop will be the basis of a forthcoming book.
Commentator and discussant for papers delivered at a workshop on vulnerable workers, sponsored by Texas A&M University School of Law on January 11, 2021
Timothy R. Holbrook
“Antitrust–Patent Interface and Conflict in View of FTC v. Qualcomm,” at the Naples Roundtable 6th Annual Conference hosted by the Leahy Institute of Advanced Patent Studies on February 16, 2021
Vanderbilt Patent Scholars Roundtable, January 15, 2021 (participant)
Kay L. Levine
“Making Deflection the New Diversion,” at "Prosecutorial Elections: The New Frontline in Criminal Justice Reform,” hosted by the Ohio State Journal of Criminal Law on February 19, 2021 (a paper co-authored with Elizabeth Griffiths & Joshua Hinkle to be published in the Journal this year)
“Technology and the Fourth Amendment: Surveillance and Security in the Digital Age,” at “Privacy in the Technology Age: Big Tech, Government, and Civil Liberties,” the 2021 Thrower Symposium hosted by the Emory Law Journal on February 4, 2021 (moderator)
Ani B. Satz
“Principles and Pandemics: Disability Discrimination through the Lens of COVID-19,” at the Health Law Works in Progress Writing Retreat, hosted by Seton Hall Law School on February 12, 2021
The Health Law, Policy & Ethics Project co-sponsored “McGirt v. Oklahoma: Understanding the Implications of the Recent Supreme Court Decision Across Native America,” with the Native American and Indigenous Students Initiative and the Michael C. Carlos Museum, on Oct. 12, 2020.
Joanna M. Shepherd
“Jobs, Judges, and Justice” a virtual launch event hosted by Demand Justice on February 25, 2021
Timothy P. Terrell
Terrell made the following presentations in January and February 2021: "Managing the Legal Writing of Others" for the Securities and Exchange Commission; "Advanced Legal Writing" for Latham & Watkins LLP; and "Writing to Persuade" for the Minnesota Public Defenders Office.
John Witte Jr.
“The Constitution” (interview and exchanges with Vincent Wimbush), at the Fifth Annual Meeting of the Institute for Signifying Scriptures on February 19, 2021
“The Uses of the Law,” for the Center for the Study of Law and Religion and Emory Law faculty, staff, and post-doctoral fellows, on February 23, 2021
Opinion, Essay & Comment
Laurie R. Blank
“Experts Weigh in on Law of Armed Conflict Priorities,” Articles of War (February 18, 2021)
“Lawyers, Guns and Twitter: Wargaming the Role of Law in War,” War on the Rocks (February 2, 2021) (with Thomas J. Gordon IV, Adam Oler, & Jill Goldenziel)
Mary L. Dudziak
"Mass Death and Everyday Life" in After Life: Death and Loss in 2020 America (Keri Leigh Merritt, Rhae Lynn Barnes & Yohuru Williams eds., forthcoming)
Matthew B. Lawrence
Midnight Waivers: Can They Be Revoked Through the Congressional Review Act?, Yale Journal on Regulation Notice & Comment, January 6, 2021)
Polly J. Price
Pandemic Law: A Better Response to COVID-19, American Constitution Society, What's the Big Idea (January 2021)
Alexander Volokh
“Biden's Private Prisons Executive Order: A Solution in Search of a Problem?,” Reason/The Volokh Conspiracy (January 27, 2021)
John Witte Jr.
“Slaughtering Religious Freedom at the Court of Justice of the European Union,” Canopy Forum (February 16, 2021) (with Andrea Pin)
Offices & Appointments
Laurie R. Blank is a new member of the editorial board of the Texas National Security Review.
Quoted in the Media
Mary L. Dudziak
“Lawyers Call Trump’s Defense ‘Legally Frivolous,’” New York Times (February 5, 2021)
George S. Georgiev
“Boards Sharpen Tools to Circumvent ‘Ugly’ Clawback Process,” Agenda (Financial Times) (February 22, 2021)
“Schwab Forms New Regulatory Group as SEC Turns Over,” Law360 (January 21, 2021)
Timothy R. Holbrook
“Equality Act Passes in US House,” 11 Alive, (February 25, 2021)
Kay L. Levine
“Trump’s Next Foe May Be a Georgia District Attorney,” Bloomberg (February 12, 2021)
Michael J. Perry
“Lawyers Call Trump’s Defense ‘Legally Frivolous,’” New York Times (February 5, 2021)
Polly J. Price
"Will the Biden COVID Plan Work?" The Octavian Report podcast (January 26, 2021)
“Lawmakers Move to Strip Governors’ Emergency Powers,” Stateline (January 22, 2021)
“Experts Praise Biden's COVID-19 Plan, but Warn that Undoing Trump-Era Mistakes Will Take Time,” NBC News (January 21, 2021)
George B. Shepherd
“Emory Should Stop Honoring a Racist, Anti-Semitic Eugenicist,” Emory Wheel (February 18, 2021)
Joanna M. Shepherd
“Corporate Lawyers Who Become Judges Less Likely to Side with Workers, Study Says,” NPR (February 24, 2021)
Fred Smith Jr.
“Trump Calls Posthumous Defense ‘Witness’ in Impeachment Trial: Julian Bond,” 11Alive (February 9, 2021)
Alexander Volokh
“Lawyers Call Trump’s Defense ‘Legally Frivolous,’” New York Times (February 5, 2021)
Randee J. Waldman
“DeKalb School System Agrees to Provide Special Ed Programs in Jail,”Atlanta Journal-Constitution (January 29, 2021)
Work from September-December 2020
Books & Journals
ARTICLESLaurie R. Blank
Irreconcilable Differences: The Thresholds for Armed Attack and International Armed Conflict, 96 Notre Dame Law Review 249 (2020)
William J. Carney
Curricular Change in Legal Education, 53.2 Indiana Law Review 245 (2020)
Rafael Domingo
Law and Morality: One Hundred Years of Solitude, 52.3 Scripta Theologica 763 (2020)
The Roman Law of Succession. An Overview, 6 Ius Romanum 36 (2020)
Martha Albertson Fineman
Vulnerability and Academic Labour, The Law Teacher, International Journal of Legal Education special issue (2020) (co-editor and contributor)
Peter Hay
Forum Selection Clauses—Procedural Tools or Contractual Obligations? Conceptualization and Remedies in American and German Law, 6 IPRax 505 (2020) & 35 Emory International Law Review (2020).
Timothy R. Holbrook
Is There a New Extraterritoriality in Intellectual Property? has been accepted for publication by the Columbia Journal of Law and the Arts.
Matthew B. Lawrence
Parity Is Not Enough! Mental Health, Managed Care, and Medicaid, 48 Journal of Law, Medicine & Ethics 480 (2020)
Congress’s Domain: Appropriations, Time, and Chevron, Duke Law Journal (forthcoming 2021)
Fiscal Waivers and State “Innovation” in Health Care, William & Mary Law Review (forthcoming 2021)
The Antisocial “Safety Net,” 136 Public Health Reports (forthcoming 2020)
Jonathan R. Nash
The Rules and Standards of Personal Jurisdiction, 72 Alabama Law Review 465 (2020)
Filibuster Change and Judicial Appointments, 17 Journal of Empirical Legal Studies 646 (2020) (with Joanna Shepherd)
Nontraditional Criminal Prosecutions in Federal Court has been accepted for publication in 53 Arizona State Law Journal.
Joanna M. Shepherd
Filibuster Change and Judicial Appointments, 17 Journal of Empirical Legal Studies 646 (2020) (with Jonathan Nash)
Frank J. Vandall
Suing the NRA for Damages, 69 Emory Law Journal 1077 (2020)
John Witte Jr.
A Tribute to Frank S. Alexander, 35 Journal of Law and Religion 193 (2020)
Review: Polygamy: An Early American History (by Sarah M. S. Pearsall) 35 Journal of Law and Religion 353 (2020)
Why Suffer the Children? Overcoming Christian Opposition to Children’s Rights, Canopy Forum (2020)
Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies, Canopy Forum (2020) (with Michael Welker)
Review: Christianity and Private Law (Robert F. Cochran Jr. & Michael P. Moreland. eds.) Canopy Forum (2020)
Review: Law and the Christian Tradition in Scandinavia: The Writings of Great Nordic Jurists (Kjell Å Moedéer & Helle Vogt eds.) Canopy Forum (2020)
Review: Church Laws and Ecumenism: A New Path for Christian Unity (by Norman Doe) Canopy Forum (2020)
BOOKS
Peter Hay
Hay, Borchers, Freer, Conflict of Laws—Private International Law, Cases, and Materials (16th ed., Foundation Press, forthcoming)
Timothy P. Terrell
Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing (4th ed., Practising Law Institute Press, forthcoming)
BOOK CHAPTERS
Margo A. Bagley
Inspired by the Word: Exploring Intellectual Property through the Lens of Religious Thought, in Handbook on Intellectual Property Research (Irene Calboli & Maria Lilla Montagnani eds., forthcoming)
Rafael Domingo
Global Law and Human Community, in The Transformations of Law in Globalization (Jorge Fabra Zamora ed., 2020)
David F. Partlett
Tort Law and Its Three Christian Pillars, in Christianity and Private Law (Robert F. Cochran Jr. & Michael P. Moreland eds., 2020)
John Witte Jr.
The Right of Freedom of Religion: An Historical Perspective from the West, in Routledge Handbook on Freedom of Religion and Belief (Silvio Ferrari et al. eds., 2020)
Presentations
All via Zoom or web conference
Silas W. Allard
“Religion, Borders, and Immigration Seminar,” at the American Academy of Religion Annual Meeting held November 29-December 10, 2020 (respondent)
Margo A. Bagley
“How Domestic Measures Address Benefit-sharing Arising from Commercial and Non-commercial Use of Digital Sequence Information on Genetic Resources,” for the UN Convention on Biological Diversity Secretariat/ABS Capacity Development Initiative webinar on "Process and Recent Outcomes Related to Digital Sequence Information on Genetic Resources under the CBD," on December 9, 2020
“EGHI Seed Grant: Pharmaceutical Quality Assurance Pilot Program,” at the Emory Global Health Institute faculty fellows meeting with Emory President Greg Fenves, in December 2020
“What is DSI and What is it Not? (Options and Views)” for the UN Convention on Biological Diversity Secretariat/ABS Capacity Development Initiative webinar, “Understanding DSI: A Technical Overview of Its Production, Distribution and Use,” on December 1, 2020
“‘Thou Shalt Not Steal’: The Morality of Compulsory Licenses as Access to Medicines Tools,” at a Harvard Law School Christian Legal Perspectives Workshop, in November 2020
“’What’s Yours is Mine and What’s Mine is Mine’: Digital Sequence Information, Patents, and Benefit-sharing Obligations,” at a Harvard Law School International Economic Law Workshop, in November 2020
“Ask Me No Questions”: The Struggle for Disclosure of Cultural and Genetic Resource Utilization in Design Law,” for a Harvard Law School Patent Law course, in November 2020
“Expanding Access to the Intellectual Property Ecosystem,” at the BTLJ-BCLT Symposium “Technology Law as a Vehicle for Anti-Racism,” hosted by Berkeley Law, on November 13, 2020 (moderator)
“Day One,” at a US Patent and Trademark Office workshop on policy proposals for the Biden Administration, in October 2020 (participant)
“Regulating Digital Innovation and Creativity in Africa: IP, The Nagoya Protocol, DSI, and AI,” at the African Union webinar “Unlocking the Potential of Intellectual Property in Africa,” in October 2020
“Utility Patents on Plants,” for the Rocky Mountain Seed Alliance, in October 2020
“Ask Me No Questions”: The Struggle for Disclosure of Cultural and Genetic Resource Utilization in Design Law,” part of a Notre Dame University Law School IP Lecture Series, on September 14, 2020.
Laurie R. Blank
“LOAC and Counterspace Operations: Targeting and Civilians,” at “Disruptive Technologies and International Law” hosted by the Naval War College, on December 9, 2020
“Can Technology Bring About the End of War?,” End of War Project fall 2020 dialogue, on December 2, 2020 (host)
"The Future of Perpetual Wars: Do Warring Parties Have an Obligation to End the Conflict?" at the Hancock Symposium hosted by Westminster College, on September 16, 2020
"Legal Considerations in Using Autonomous Weapons Systems," for the Naval War College, on September 12, 2020
Mary Anne Bobinski
“Envisioning Post-COVID Legal Education,” “Live with Kellye & Ken” webcast, hosted by iLaw Ventures and the Law School Admissions Council, on September 29, 2020 (panelist)
“Institutional Advancement During the Pandemic,” Association of American Law Schools Deans' Dialogue, on September 25, 2020 (panelist)
Morgan Cloud
“Criminal Defending Conference,” hosted by the University of Illinois College of Law, Urbana-Champaign, in December 2020
Rafael Domingo
“The New Global Law,” at the VII International Congress on Public Law, Political Science, and Criminology, hosted by the University of Valle de Puebla, Mexico, on November 5, 2020 (keynote)
“Pandemic, Leadership, and Global Law,” sponsored by the Alumni Association of the University of Navarra, Palma de Mallorca, Spain, on October 22, 2020
Mary L. Dudziak
"The War Powers Pivot: How Congress Lost its Power in Korea," at a Project on War and Security in Law, Culture, and Society workshop, on December 17, 2020
“Statelessness: A Modern History," (by Mira L. Siegelberg), a book event sponsored by the Wilson Center’s History and Public Policy Program, on December 7, 2020 (commentator)
"After the 'Republic of Suffering': The Culture of War Death in the Era of Forever War," at a University of East Anglia Department of American Studies faculty workshop, on December 2, 2020
“Beyond Humanity: How to Control America’s Use of Force,” (by Samuel Moyn), at a meeting of the fellows of the Quincy Institute for Responsible Statecraft, on November 23, 2020 (commentator)
"After the 'Republic of Suffering': The Culture of War Death in the Era of Forever War," at a Lancaster University Centre for War and Diplomacy faculty workshop, on November 19, 2020
"Committing Truth: Whistleblowing in and About the US Government,” (by Heidi Kitrosser), presented by the Project on War and Security in Law, Culture, and Society, on November 12, 2020 (host and moderator)
“The Protests Go Global,” hosted by the Carnegie Council for Ethics in International Affairs, on September 11, 2020
"The West as a Warscape," at “New Directions in the History of the Pacific West,” hosted by the Western History Association, on October 16, 2020 (panelist)
Martha Albertson Fineman
“Expanding the Legacies and Public Memory of the 2000 Women's International Tribunal: Beyond Colonialism and Toward the Future," hosted by the Seoul National University Asia Center, on December 4-5, 2020
“Vulnerability Theory,” at “Theories of Distribution,” convened by Harvard Law School, Northeastern University, and the Law and Political Economy Project, on September 11-12, 2020 (commentator)
“A Workshop on Vulnerability and Corporate Subjectivity,” hosted by the Vulnerability and the Human Condition Initiative, on October 2-3, 2020 (convenor)
“Untold Stories: Race, Place, and Vulnerability in the Women’s Suffrage Movement,” an Emory University Homecoming event hosted by the Women’s Center, Oxford College, and Emory Law, on October 22, 2020
Richard D. Freer
“The Ford Cases: Another Landmark Supreme Court Ruling on Personal Jurisdiction Is Coming,” at the Federal Bar Association Annual Meeting, on September 10, 2020 (with Linda Mullenix & William Janssen)
George S. Georgiev
“The Foreign Corrupt Practices Act, Global Anti-Bribery Laws, and Trade Sanctions,” for Professor Jeff Byrne’s Goizueta Business School Global Accounting course, on November 12, 2020
"Executive Compensation, Corporate Accountability, and Social Justice" at the Corporate Accountability and Social Justice Seminar organized by Professor Liza Vertinsky, on October 15, 2020
“The Human Capital Management Movement in US Corporate Law,” at “A Workshop on Vulnerability and Corporate Subjectivity,” hosted by the Vulnerability and the Human Condition Initiative, on October 2-3, 2020. Georgiev co-convened the workshop and also served as a moderator for the discussion “Neutral Rules, Male Capture.”
Matthew B. Lawrence
“Fiscal Waivers and State ‘Innovation’ in Health Care,” at the Association of American Law Schools Virtual Poverty Law Workshop, on October 16, 2020
Jonathan R. Nash
"Aligning Diversity Jurisdiction with Its Bias Rationale" at the Sixth Annual Civil Procedure Workshop, hosted by Northwestern University Pritzker School of Law, on October 23, 2020 (with Daniel Klerman)
Rafael I. Pardo
"On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State," at the Board of Judges Meeting and Winter Education Program, US Bankruptcy Court for the Central District of California, on December 11, 2020
"On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State," at a Michigan State University College of Law faculty workshop, on December 2, 2020
"On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State," at the Fordham Urban Law Journal Cooper-Walsh Colloquium, “The Impact of Financial Crisis on Urban Environments: Past, Present, and Future,” on October 16, 2020
"On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State," at the Roundtable on Slavery and Business History, sponsored by the Business History Collective, on October 14, 2020
Polly J. Price
Price served as outside expert adviser for "Gubernatorial Emergency Authorities During COVID-19," a National Governor's Association Zoom call with all state legal counsel, on December 14, 2020.
Ani B. Satz
“Principles and Pandemics: Disability Discrimination Through the Lens of COVID-19,” at the Beazley Symposium on Health Care Law and Policy, hosted by Loyola University Chicago School of Law, on October 30, 2020.
“Disability Roundtable,” hosted by the Emory Law Civil Rights Society, on September 3, 2020.
Joanna M. Shepherd
“Academics’ and Economists’ Views on Collaboration and Competition,” at “Promoting Innovation in the Life Science Sector and Supporting Pro-Competitive Collaboration: the Role of Intellectual Property,” sponsored by the US Department of Justice and the US Patent Office, on September 24, 2020
Timothy P. Terrell
In September 2020, Terrell conducted full-day legal writing programs for the following groups: New York University Law School (course: Leadership, Diversity, and Inclusion); US 3rd Circuit Court of Appeals clerks; Massachusetts Attorney General's Office; US 11th Circuit Court of Appeals clerks; US District Court for the Eastern District of Pennsylvania clerks
John Witte Jr.
McDonald Distinguished Fellows Conference: “The Birth of the Secular Purpose Test,” on December 15, 2020 (convenor)
Opinion & Essay
Laurie R. Blank
“Ending Wars: The Law of War's Latest Source of Stress, in Articles of War,” West Point Lieber Institute (November 12, 2020)
Rafael Domingo
“Fratelli tutti: The Great Gift of Francisco,” CNN Español Opinion (October 12, 2020); Canopy Forum (November 9, 2020)
Timothy R. Holbrook
Same-Sex Marriage at Risk as Supreme Court Gets More Conservative,” CNN Opinion (October 6, 2020)
"Don't Reward Intellectual Property Theft," InsiderAdvantage (October 26, 2020)
Jonathan R. Nash
“Trump's Remaking of the Judicial System,” The Hill (November 23, 2020)
Polly J. Price
“The Unlucky Timing of an Election Year Pandemic,” Beacon Broadside (October 30, 2020)
Offices & Appointments
Laurie R. Blank
— American Bar Association Standing Committee on Law and National Security, Advisory Committee
— International Counter-Terrorism Review Advisory Board
— Military Law and Law of War Review Editorial Board
Rafael Domingo
Saint Ignatius of Loyola University School of Law (Lima, Peru) Advisory Council member
Amicus Briefs
Morgan Cloud
Carlisle v. Commonwealth of Kentucky, submitted on behalf of a group of professors of criminal law and criminal procedure. The issue is the extent that the Fourth Amendment limits police officers’ discretionary authority to conduct criminal background investigations of a motor vehicle passenger when the officers lack any fact-based suspicion that the passenger is guilty of any crime.
Quoted in the Media
Dorothy A. Brown
“How The Cares Act Gave Millions to Energy Companies with No Strings Attached,” Washington Post (October 6, 2020)
“What President Trump’s Taxes Reveal,” “On Point,” WBUR (October 1, 2020)
“The Trump Tax Scandal Is an Indictment of The President—and the System,” Vox (September 28, 2020)
Melissa Carter
“Georgia Ends Child Abuse Registry, Saying Database Undermined Intent,” Atlanta Journal-Constitution (September 1, 2020)
Timothy R. Holbrook
“Nikola’s Trevor Milton Left a Trail of Bitterness on His Way to Founding the Electric-Truck Startup,” Yahoo Finance (December 15, 2020)
“A Utah Company Claims It Invented Contact Tracing Tech,” Wired (September 16, 2020)
Matthew B. Lawrence
“Medicare for All Explained Podcast: Episode 42,” Physicians for a National Health Program (September 15, 2020)
Kay L. Levine
“No-Knock Warrants in Georgia Under Microscope Since Breonna Taylor Shooting,” The Center Square (September 15, 2020)
Nicole Morris
“Nicole Morris on Emory’s Innovative TI:GER Program,” LawNEXT (October 26, 2020)
Polly J. Price
“The Real Reason Americans Aren’t Quarantining,” The Atlantic (December 8, 2020)
“Navigating the Pandemic: Past, Present and Future," Kat Pitts 21C podcast (November 24, 2020)
“Connecticut Puts Some Teeth in Mask Mandate, Will Start Issuing $100 Fines,” NBC (September 15, 2020)
Fred Smith Jr.
“New Poll Shows Tight Presidential and Senate Races in Georgia,” Political Rewind (September 22, 2020)
Alexander Volokh
“Both the GOP and the Democrats Want to Break Up Big Tech. Could It Really Happen?,” Salon (October 20, 2020)
“State Supreme Court Passes on Marin Pension Case,” Marin Independent Journal (September 27, 2020)
John Witte Jr.
“Freedom and Order: Christianity, Human Rights, and Culture: A Chinese Conversation with John Witte. Jr.,” Institute of Sino-Christian Studies, Hong Kong (2020)
Barbara Bennett Woodhouse
"How the Differing Sense of Community in Florida and Italy Affects Children,” Youth Today (December 9, 2020)
Work from June-August 2020
Accolades
Abdullahi Ahmed An-Na'im was named a "Great Immigrant" by the Carnegie Foundation of New York in its annual list of naturalized citizens who have enriched and strengthened both the nation and democracy through their contributions and actions. The foundation has released the list on the Fourth of July each year since 2006, and it is also published as a full-page advertisement in the New York Times.
Thomas C. Arthur's article, The Problems with Pornography Regulation: Lessons from History, 68 Emory Law Journal 867 (2019), will be reprinted in the 2020 First Amendment Law Handbook, an annual collection of notable First Amendment scholarship published by Thomson Reuters, edited by Dean Rodney Smolla (Delaware Law School, Widener University).
Audra L. Savage was awarded the 2020 Innovation, Business and Law Center Prize by the University of Iowa College of Law's Innovation, Business and Law Center for "Beyond Aunt Jemima: Holding Public Companies Accountable for Dismantling Systemic Racism," which will be delivered via Zoom on October 1, 2020.
Offices & Appointments
Martha Grace Duncan
The provost's office has approved a faculty of psychoanalysis. Duncan was appointed a member of the interdisciplinary body as professor of psychoanalysis.
Ani B. Satz
Satz is the new chair of the Emory University Faculty Council, Faculty Counselors Committee (2020-2021). She serves as Immediate past-chair of the council (2020-2021) and is also immediate past-president of the Emory University Senate (2020-2021).
Books & Journals
ARTICLES
Margo A. Bagley
"Study to Identify Specific Cases of Genetic Resources and Traditional Knowledge Associated with Genetic Resources that Occur in Transboundary Situations or for Which it is not Possible to Grant or Obtain Prior Informed Consent," Convention on Biological Diversity Secretariat (CBD) (August 2020) (with Frederick Perron-Welch)
Rafael Domingo
The Roman Law of Succession, an Overview, 6 Ius Romanum (forthcoming 2020)
Mary L. Dudziak
The Numbers: Encountering Casualties in the Era of COVID-19, Diplomatic History (forthcoming 2021)
Matthew B. Lawrence
Reflections on the Effects of Federalism on Opioid Policy, 124 Dickinson Law Review 695 (2020)
Social Solidarity in Health Care, American-Style, 48 Journal of Law, Medicine & Ethics (2020) (with Erin Fuse Brown, Elizabeth Y. McCuskey & Lindsay Wiley)
Jonathan R. Nash
Filibuster Change and Judicial Appointments was accepted for publication in the Journal of Empirical Legal Studies (forthcoming 2021) (with Joanna M. Shepherd)
Joanna M. Shepherd
Filibuster Change and Judicial Appointments was accepted for publication in the Journal of Empirical Legal Studies (forthcoming 2021) (with Jonathan R. Nash)
Fred Smith Jr.
Remediating Resistance, 71 Alabama Law Review 641 (2020)
John Witte Jr.
Faith in Strasbourg and Luxembourg: The Fresh Rise of Religious Freedom Litigation in the Pan-European Courts, 70 Emory Law Journal (forthcoming 2020) (with Andrea Pin)
The Refusal of Polygamy in the Western World: the Reasons 1 Comparative and European Public Law 57 (2020) (with Andrea Pin)
Historical Foundations and Enduring Fundamentals of American Religious Freedom, 33 Journal of the Society of Christian Ethics 156 (2020)
BOOKS
Laurie R. Blank
International Conflict and Security Law, part of the "Principles of International Law" series is under contract with Edward Elgar Publishers. (forthcoming 2022)
Mary L. Dudziak
Making the Forever War: Marilyn Young on the Culture and Politics of American Militarism, has been accepted for publication by the University of Massachusetts Press (forthcoming 2021) (with co-editor Mark Bradley)
Richard D. Freer
The Law of Corporations (8th ed., West Academic Nutshell Series, 2020)
John Witte Jr.
Religion and the American Constitutional Experiment (4th ed., Oxford University Press 2016) (with Joel A. Nichols) Translations: French, forthcoming; Ecuadorian, 2020; Peruvian, 2020; Spanish, 2018 (translation by Nicolás Zambrana-Tévar & Rafael Domingo)
Christianity and Global Law (Routledge, 2020) (with co-editor Rafael Domingo)
Great Christian Jurists in German History (Mohr Siebeck 2020) (with co-editor Mathias Schmoeckel)
Christianity and Criminal Law (Routledge, 2020) (with co-editors Mark Hill, Norman Doe, & R.H. Helmholz)
The Impact of Religion: on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (Evangelische Verlagsanstalt, 2020) (with co-editors Michael Welker & Stephen Pickard)
The Impact of the Market: on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (Evangelische Verlagsanstalt, 2020) (with co-editors Jürgen von Hagen, Michael Welker & Stephen Pickard)
BOOK CHAPTERS
Rafael Domingo
Global Law and the Global Human Community, in The Transformations of Law in Globalization (Jorge Fabra Zamora ed., 2020)
Martha Albertson Fineman
Reasoning from the Body, in Jurisprudence of the Body (Michael Thomson, Chris Dietz & Mitchell Travis eds., 2020)
Ani B. Satz
Health Care as Eugenics in Disability, Health, Law, and Bioethics (I. Glenn Cohen, Carmel Shachar, Anita Silvers & Michael Ashley Stein eds., 2020)
John Witte Jr.
Foreword, Great Christian Jurists in Nordic History (Kjell Å Moedéer & Helle Vogt eds., 2020)
Foreword, Christianity and Private Law (Robert F. Cochran, Jr. & Michael Moreland, eds., 2020)
Presentations
All via Zoom or web conference
Rafael Domingo
"Why Spirituality Matters for Law: An Explanation," at the Akademicki Poznań Fundacja in Poznań, Poland, on June 16, 2020
Mary L. Dudziak
"Cold War Civil Rights: Race and the Image of American Democracy," based on Dudziak's upcoming book, for Professor James Goldgeier's graduate course on US-Russia Relations at American University School of International Service, on August 26, 2020
"Unrest at Home and US Foreign Policy," sponsored by the Council on Foreign Relations, on July 13, 2020 (panelist)
"The Legacy of the Korean War on US Democracy, Economy, and Society," sponsored by the Quincy Institute for Responsible Statecraft, on June 25,2020
Martha Grace Duncan
"Dostoevsky's Crime and Punishment," at the Law and Literature Symposium hosted by Elena Urso, professor of law, at the University of Florence Dipartimento di Giurisprudenza, on June 3, 2020
Martha Albertson Fineman
"Vulnerability Theory" sponsored by the International Society of Family Law, on August 28, 2020 (keynote)
George S. Georgiev
"The Human Capital Management Movement in US Corporate Law," based on his forthcoming article, at the National Business Law Scholars Conference, sponsored by the University of Tennessee, Knoxville, College of Law, on June 18-19, 2020. He made the same presentation at the Emory-UGA Summer Workshop Series on July 27, 2020.
Commentator, "Interpretative Entrepreneurs," a paper by Professor MJ Durkee (UGA School of Law) at the Emory-UGA Summer Workshop Series, on July 8, 2020
Guest speaker for a summer class taught by Professor Urska Velikonja at Georgetown University Law Center on June 29, 2020
The Corporate and Securities Litigation Workshop, held weekly during Summer 2020, co-sponsored by the University of Richmond School of Law, the University of Illinois College of Law, UCLA School of Law, and Boston University School of Law (participant)
Mindy Goldstein
"The Role of Universities in Building a Resilient Food System," sponsored by the College of Charleston Center for Sustainable Development, in July 2020
Kay L. Levine
"Facilitating Office Changes to Support Prosecutorial Innovations," at the Prosecutors Research Network Summit: Defining and Refining the 2020 Framework for Prosecution and Public Health, on July 13-14, 2020 (keynote)
Polly J. Price
"Governing a Pandemic," Arkansas Governor's School Impact speaker, on July 8, 2020
"The Current Battle for the Constitution," virtual town hall, sponsored by the National Constitution Center, on June 30, 2020
Ani B. Satz
"Roundtable: Current Topics in Bioethics and Public Health, Health Law Workshop," at the Southeastern Association of Law Schools Annual Meeting, on August 4, 2020 (participant)
"Roundtable: Best Practices in Disability Law, Discussion Group: Pedagogical Trends and Techniques in Employment Law, Employment Discrimination, and Labor Law, Employment Discrimination Law Workshop," Southeastern Association of Law Schools Annual Meeting, on August 4, 2020 (participant)
"COVID and Disability," Emory-UGA Summer Workshop Series, June-July 2020
Audra L. Savage
"The Religion of Race: The Supreme Court as Priests of Racial Politics," McDonald Distinguished Fellows Summer Workshop Series, sponsored by Center for the Study of Law and Religion, on July 20, 2020
"Purpose, Promise and Potential: Holding Corporations Accountable for Newly Discovered Commitment to Racial Justice," at the National Business Law Scholars Conference, sponsored by the University of Tennessee, Knoxville, on June 18-19, 2020
Robert A. Schapiro
"Emory Election: Analysis of Recent Supreme Court Decisions," hosted by the Emory Alumni Association on August 26, 2020
Fred Smith Jr.
"Demands for Religious Accommodation from Non-Discrimination Laws: A Comparative Approach Among the United States and Other Western Democracies," at the LGBT Bar Association Annual Conference, on August 12, 2020 (panelist)
"True Meaning to the Word Justice," an interview with US District Court Judge Myron H. Thompson, hosted by the Faith and Politics Institute, on June 18, 2020
"The Future of Qualified Immunity," NAACP Legal Defense Fund Roundtable, on June 15, 2020
Timothy P. Terrell
Terrell presented legal writing programs to the following audiences over the summer: the Judge Advocate General's Judicial Training Office, Charlottesville, Virginia; Duane Morris LLP, nationwide; Latham & Watkins, LLP, nationwide; New York Attorney General's Office, Brooklyn, New York; Minnesota Bar Association, Minneapolis; Texas Court of Appeals, Fort Worth, Texas.
Liza Vertinsky
"Prioritizing Health Impact in Public-Private Health Litigation," at the Association of American Law Schools Health Law Section Virtual Health Law Workshop, on June 12, 2020 (with Reuben Guttman)
John Witte Jr.
"Religious Freedom and the Parable 'Compel Them to Come In,'" (sermon) Emory Law Christian Legal Society, on August 26, 2020
Witte also convened the following McDonald Distinguished Fellows Conferences:
- "Christianity and the Liberal(ish) Income Tax," on August 18, 2020
- "The Religion of Race: The Supreme Court as Priests of Racial Politics," on July 20, 2020
- "Church Taxes and the Original Understanding of the Establishment Clause," on June 23, 2020
Opinion & Essay
Dorothy A. Brown
"What Obama Knew about John Lewis," CNN Opinion (July 30, 2020)
"Georgia Gov. Kemp Shows that He Doesn't Care about Black People," CNN Opinion (July 17, 2020)
"George W. Bush Finally Steps onto The Right Side of History," CNN Opinion (June 3, 2020)
Rafael Domingo
"Schuman's European Vision," Canopy Forum (August 27, 2020)
"Great Christian Jurists in French History," Canopy Forum (August 6, 2020) (with Olivier Descamps)
"Great Christian Jurists in Spanish History," Canopy Forum, (July 30, 2020) (with Javier Martínez-Torrón)
"Global Political Leadership Is Urgently Needed," Nuestro Tiempo (July 2020)
Mary L. Dudziak
"George Floyd Moves the World: The Legacy of Racial Protest in America and the Imperative of Reform," Foreign Affairs (June 11, 2020)
"The Damage Trump Has Done This Week Extends Far Beyond America's Borders," New York Times (June 4, 2020)
Polly J. Price
"Face-Covering Requirements and the Constitution," American Constitution Society, Expert Forum (June 3, 2020) (with Patrick C. Diaz)
Robert A. Schapiro
"In Banning LGBTQ Discrimination, Did Supreme Court License Sex Discrimination?," The Hill (July 13, 2020)
John Witte Jr.
"Great Christian Jurists in Germany History, An Introduction and Overview by the Editors" Canopy Forum (July 16, 2020) (with Mathias Schmoeckel)
"The Right to Self-Defense as the Grundnorm for Human Rights: A Response to David Little," Canopy Forum (July 6, 2020)
"Christianity and Global Law: An Introduction and Overview by the Editors," Canopy Forum (June 25, 2020) (with Rafael Domingo)
"Review of Law and the Christian Tradition in Italy: The Legacy of the Great Jurists, by Orazio Condorelli & Rafael Domingo, Canopy Forum (June 14, 2020)
Liza Vertinsky
"Opinion: We Worry the FDA Is under Extreme Pressure to Rush Approvals tor COVID-19 Treatments," Dow Jones "MarketWatch" (August 27, 2020)
Quoted in the Media
Dorothy A. Brown
"Banks Target Black and Latino Communities for Sub-Prime Mortgages, Says Emory Prof.," Bloomberg News (August 25, 2020)
"Why Some Say the Phrase 'Black on Black Crime' Distracts from Police Brutality, Unfairly Perpetuates Racism," 11 Alive, "The Reveal" (August 20, 2020)
"Elizabeth Warren's Evolution on Race Brought Her Here," New York Times (August 2, 2020)
"Activists Say Black Lives Matter Street Murals Are 'Performative Support': 'They Don't Stop the Next Murder of A Mr. Floyd,'" Yahoo! Life (July 17, 2020)
"Higher Property Taxes: Homeownership Costs More for Black Families," WAMU 88.5 (July 13, 2020)
"GOP Eyes Narrowing Second Round of $1,200 Stimulus Payments," Washington Post (July 9, 2020)
"How the Black Community Can Prioritize Mental Health in The Wake of George Floyd's Killing, Protests and Ongoing Racist Violence," Yahoo! Life (July 8, 2020)
"The Disparate Impact of Law on Black America," Gallup Podcast (June 25, 2020)
"The Case For Stakeholder Capitalism—Even In a Financial Crisis," Marker (June 22, 2020)
"Corporate America Has Failed Black America," New York Times (June 6, 2020)
Richard D. Freer
Freer voiced Justice Potter in a June episode of "Make No Law: The First Amendment Podcast" on the Legal Talk Network where the justice sets the ambiguous "I know it when I see it" standard.
Mindy Goldstein
"Holtec's Interim Nuclear Waste Application Challenged in Court," Albuquerque Journal (June 5, 2020)
"Lawsuit: NRC 'Flagrantly' Broke Law with NM Site Review," EnergyWire (June 5, 2020)
Timothy R. Holbrook
"Cam Newton Photo Goes Viral. The Story that Went with It Was a Lie," Fox 5 Atlanta (August 4, 2020)
"Elated, Brilliant or Dangerous: Georgia's Legal Community Reacts to SCOTUS LGBTQ Opinion," Daily Report (June 15, 2020)
Matthew B. Lawrence
"Will The $400 in Extra Unemployment Benefits Actually Reach People?" "Marketplace," NPR (August 10, 2020)
Nicole Morris
"Cam Newton Photo Goes Viral. The Story that Went with It Was a Lie," Fox 5 Atlanta (August 4, 2020)
Polly J. Price
"Arkansas Governor's School 2020: Converting Adversity to Opportunity," The Courier (August 22, 2020)
"Order to reject New DACA Applications Worries Central Florida Immigrants," Orlando Sentinel (July 30, 2020)
"Georgia Gov. Brian Kemp Sued to Block Atlanta's Face Mask Ordinance. Here's What to Know," TIME, (July 18, 2020)
"Kemp Casts Lawsuit over Atlanta Virus Restriction in Ideological Terms," Atlanta Journal-Constitution (July 17, 2020)
"The Dan Abrams Show," "POTUS Channel," Sirius XM (July 16, 2020)
"Some States to Out-of-Towners: If You Come Visit, Plan to Quarantine for 2 Weeks," NPR (July 2, 2020)
"Coronavirus: How Face Masks Became a Political Symbol in the US," The Week (July 2, 2020)
"Demanding a 14-Day Coronavirus Quarantine Is One Thing, Enforcing It Is Another, Experts Say," NBC News (June 25, 2020)
"Emory Immigration Expert Says DACA Ruling Leaves Questions," WABE 90.1 (June 19, 2020)
Robert A. Schapiro
"Here Are the Answers to Your Questions about What's Happening in Portland," Deseret News (July 23, 2020)
"Why Sending in the Troops May Not Solve the Problem," Deseret News (June 5, 2020)
George B. Shepherd
"Stone Mountain and Other Monuments to the Confederacy Should Be Wiped Clean," CNN Opinion (June 10, 2020)
Fred Smith Jr.
"Law Professor Tackles When Deadly Force Is Justified," CBS-46 (August 28, 2020)
"Supreme Myths Podcast," (August 6, 2020)
"Georgia Teens Shared Photos of Maskless Students in Crowded Hallways. Now They're Suspended," Washington Post (August 6, 2020)
"Gorsuch Doesn't Give a 'Fig' What You Think, Just Like Mentor," Bloomberg Law (July 27, 2020)
"Fiery Battle On Mask Mandates Enters The Court Room," "Political Rewind," Georgia Public Broadcasting, (July 17, 2020)
"US Supreme Court Hands Down Rulings on Crucial Cases," "Political Rewind," Georgia Public Broadcasting, (June 22, 2020)
"Made Up Immunities," Strict Scrutiny podcast (June 8, 2020)
Work from February-March 2020
Accolades
Deborah Dinner has been named a 2020 Frederick Burkhardt Residential Fellow, one of 25 recently tenured academics in this year’s class. Dinner’s project is titled “A Nation at Risk: Private Insurance and the Law in Modern America.” It will examine the legal history of private insurance across the 20th century. She will be in residence at the John W. Kluge Center at the Library of Congress during academic year 2022-2023.
Dinner is also one of six 2020-2021 Program in Law and Public Affairs Fellows at Princeton University. Fellows spend the academic year working on their own research projects, participating in law-related programs, and engaging with faculty and students.
Robert W. Woodruff Professor of Law Martha Albertson Fineman has received a Visiting Research Fellowship from Trinity College in Dublin for the 2020-2021 academic year. The one-month fellowship is in association with Professor Ivana Bacik in the School of Law and Drs. Roja Fazaeli and Balazs Apor in the School of Languages, Literatures, and Cultural Studies. Fellows participate in the academic life of the college through a variety of ways, from teaching a master class to informal conversations in the college’s Long Room Hub.
Books & Journals
BOOKS
Richard D. Freer
Civil Procedure: Cases, Materials, and Questions (8th ed.,Carolina Academic Press 2020) (with Wendy Collins Perdue & Robin J. Effron)
Rafael I. Pardo
The Color of Bankruptcy: Financial Failure and Freedom in the Age of American Slavery is under contract with Columbia University Press. It is part of a series, “Columbia Studies in The History Of US Capitalism.”
BOOK CHAPTERS
Mary L. Dudziak
How the Pacific World Became West, in World War II and the West it Wrought, (Mark Brilliant & David Kennedy eds., 2020)
Martha Albertson Fineman
Reasoning from the Body, in A Jurisprudence of the Body (Chris Dietz, Michael Thomson & Mitchell Travis eds., forthcoming 2020)
ARTICLES
Rafael Domingo
Toward the Spiritualization of Politics, 63 Journal of Church and State (forthcoming 2021)
Martha Albertson Fineman
Beyond Equality and Discrimination, 73 Southern Methodist University Law Review Forum 51
George S. Georgiev
The Human Capital Management Movement in US Corporate Law, 95 Tulane Law Review (forthcoming 2020)
Kay L. Levine
Should Consistency Be Part of the Reform Prosecutor’s Playbook? Hastings Journal of Crime and Punishment (forthcoming 2020)
Models of Prosecutor-Led Diversion in the US and Beyond, Annual Review of Criminology (forthcoming 2020) (with Ronald Wright)
Jonathan R. Nash
The Rules and Standards of Personal Jurisdiction, Alabama Law Review (forthcoming 2020)
The Certificate of Division and the Early Supreme Court, Southern California Law Review (forthcoming 2021) (with Michael Collins)
Rafael I. Pardo
Financial Freedom Suits: Bankruptcy, Race, and Citizenship in Antebellum America, 62 Arizona Law Review 125 (2020)
Barbara Bennett Woodhouse
Reimagining Equality Through the Lens of Human Rights: Lessons from the United Nations Convention on the Rights of the Child, 47 Fordham Urban Law Journal 353 (2020)
Presentations
Margo A. Bagley
“Intellectual Property Issues Related to Digital Products from Federal Labs” at the 4th meeting of the National Academy of Sciences, Engineering, and Medicine’s Committee on Advancing Commercialization from Federal Labs,” held in Washington, DC, on March 2-3, 2020 (moderator)
"How Domestic Measures Address Benefit-Sharing Arising from Commercial and Non-Commercial Use of Digital Sequence Information on Genetic Resources and Address the Use of Digital Sequence Information on Genetic Resources for Research and Development,” at the UN Convention on Biological Diversity's Ad Hoc Technical Expert Group on Digital Sequence information meeting, held online March 17-20, 2020. The presentation concerned the results of a study for which Bagley was lead author.
Laurie R. Blank
"Emerging Issues in the Law of Armed Conflict and the Law of Armed Conflict Lessons Learned in the Syria Conflict,” a workshop sponsored by Emory Law's Center for International and Comparative Law, the Lieber Institute for Law and Land Warfare, and the Harvard National Security Journal, held at Harvard Law School in Cambridge, Massachusetts, on March 2-3, 2020
Mary L. Dudziak
Dudziak was commentator on Professor Clifton Crais’s paper, “Introduction to A Global History of the Present,” at the inaugural Emory College of Arts and Sciences Department of History faculty workshop held on February 21, 2020.
Kay L. Levine
"Should Consistency Be Part of the Progressive Prosecutor's Playbook?" at “Progressive Prosecution and the Carceral State,” held at UC Hastings College of the Law in San Francisco, California, on February 7, 2020
"Regulating Geography Through Drug Enforcement" at Florida State University College of Law, in Tallahassee, Florida, on February 26, 2020
Jonathan R. Nash
“2020 Future of IP,” National Science Foundation conference held in Orlando, Florida, on February 28, 2020 (participant)
Cited
Martha Grace Duncan
The Iowa Supreme Court cited Duncan's article, So Young and So Untender: Remorseless Children and the Expectations of the Law, 102 Columbia Law Review 1469 (2002), in State v. Majors, No. 18-0563 at 71 (Appel, J., dissenting) (March 6, 2020)
Amicus Briefs
Barbara Bennett Woodhouse
Juliana v. United States, in support of plaintiffs-appellees' Motion for Rehearing en Banc before the US Court of Appeals for the Ninth Circuit (filed March 12, 2020) (with Wyatt G. Sassman & Sarah A. Matsumoto)
Opinion & Essay
Michael J. Broyde
“The Case for Ginsburg to Recuse Herself,” Wall Street Journal Opinion (March 4, 2020)
Dorothy A. Brown
“Russia Learned This Lesson from the 2008 Election. Have Our Presidential Candidates?” CNN Opinion (February 15, 2020)
Rafael Domingo
“Ten Spiritual Tips For Dealing with the Coronavirus Crisis,” CNN Opinion (March 25, 2020) (with Gonzalo Rodriguez-Fraile)
“Javier Hervada, Father of Modern Canon Law” La Vanguardia (March 17, 2020)
“Why Does the Catholic Church Insist on Celibacy?” CNN Opinion (February 13, 2020); also published in The Canopy Forum (March 3, 2020)
Polly J. Price
"How a Fragmented Country Fights a Pandemic," The Atlantic (March 19, 2020)
"A Cornoravirus Quarantine in America Could be a Giant Legal Mess," The Atlantic (February 16, 2020)
Audra L. Savage
"Defining the True Meaning of Racism: The Law and Religion of Colonial America, Part I, II, III," three essays in the series, “Race, Religion and Law,” for which Savage served as curator. The Canopy Forum (March 23-30, 2020)
Quoted in the Media
Polly J. Price
“Donald Trump Considered Quarantining New York. Can He Do That?” Quartz (March 28, 2020)
“Familiar Echoes: 1918 Atlanta and the Spanish Flu,” WABE 90.1 (March 26, 2020)
“Trump Says He Has ‘Total Authority’ Over When States Reopen. But Experts Say That’s (Mostly) Untrue,” TIME (March 25, 2020)
"The Constitution and the Coronavirus,” "We the People" podcast, National Constitution Center (March 19, 2020)
“Lockdown vs. Libertarian Tug of War for Local Officials,” Politico (March 15, 2020)
“US Considers How to Enforce Coronavirus Quarantines,” Wall Street Journal (March 13, 2020)
“RVs and an Econolodge Become Makeshift Quarantine Zones,” CityLab (March 12, 2020)
“Coronavirus: Where Did Our Quarantine Facilities Go?” Mercury News (February 24, 2020)
“A Rare Legal Battle: Can a State Force a City to House Coronavirus Patients?” New York Times (February 24, 2020)
“US Judge Delays Decision on Moving Coronavirus-Exposed Americans to Costa Mesa, Calif.,” Washington Post (February 24, 2020)
“The Atlantic Politics Daily: MAGA vs. the Coronavirus,” The Atlantic (February 18, 2020)
“Coronavirus Latest News: Britons Stuck on Quarantined Ship Could Be Flown Home,” The Telegraph (February 18, 2020)
“Banning Travelers from China Won't Stop Virus, Experts Warn,” Voice of America (February 3, 2020)
“To Fight Coronavirus Spread, the US May Expand ‘Social Distancing’ Measures. But It Comes at a Cost,” STAT (February 3, 2020)
Work from November 2019-January 2020
Accolades
Mary L. Dudziak is an inaugural non-resident fellow of the Quincy Institute for Responsible Statecraft, a think tank launched December 4, 2019. The institute aims to lay a foundation for a new foreign policy centered on diplomatic engagement and military restraint.
George S. Georgiev‘s article, Securities Disclosure As Soundbite: The Case of CEO Pay Ratios, 60 Boston College Law Review 1123 (2019), was selected for inclusion in the 2020 volume of the Securities Law Review, an annual anthology of eight to ten law review articles deemed "especially worthy of a wider audience."
Georgiev’s article, Too Big to Disclose: Firm Size and Materiality Blindspots in Securities Regulation, 64 UCLA Law Review 602 (2017), is being translated for publication in China's Securities Law Review. The article was also cited by commenters in the notice-and-comment rulemaking on the modernization of the SEC disclosure regime (International Corporate Governance Network).
In January, Timothy R. Holbrook signed a contract with Cambridge University Press to publish his book, Patents, Property, and Possession: A Unifying Approach to Patent Law (forthcoming 2021).
A 1997 article by Polly J. Price, "Natural Law and Birthright Citizenship in Calvin’s Case (1608)" 9 Yale Journal of Law & the Humanities 73, was cited and quoted in a federal district court decision holding that persons born in American Samoa, a US territory, are citizens at birth by virtue of the 14th Amendment of the US Constitution. The case is Fitisemanu v. United States, decided December 12, 2019.
In January, Teemu Ruskola was invited to be a visiting research professor at National University of Singapore.
Books & Journals
BOOKS
William J. Carney
Corporate Finance: Principles and Practice (4th ed., Foundation Press 2020) (with Robert P. Bartlett III | George S. Geis)
Rafael Domingo
Christianity and Global Law (Routledge, forthcoming 2020) (with John Witte Jr.)
Barbara Bennett Woodhouse
The Ecology of Childhood: How Our Changing World Threatens Children's Rights (New York University Press 2020)
BOOK CHAPTERS
Margo A. Bagley
‘Thou Shalt Not Steal’: The Morality of Limits on Pharmaceutical Patents, in Patents on Life: Religious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property (Thomas C. Berg, Roman Cholij & Simon Ravenscroft eds., 2019)
Rafael Domingo
Alberico Gentili and the Secularization of the Law of Nations, in Christianity and Global Law (Rafael Domingo & John Witte Jr. eds., 2020) (with Giovanni Minnucci)
Robert Schuman and the Process of European Integration, in Christianity and Global Law (Rafael Domingo & John Witte Jr. eds., 2020)
John Witte Jr.
Natural Law and Natural Rights in the Early Protestant Tradition, in The Oxford Handbook on Natural Law and Human Rights (Tom Angier & Iain Benson eds., 2020)
Introduction to the volume “On Charity and Justice,” in Abraham Kuyper Collected Works in Public Theology (Jordan J. Ballor & Melvin Flikkema eds., forthcoming 2020)
Foreword, to Making Scandinavian Law Christian: Law and Christianity in the Writing of Scandinavian Jurists (Kjell Å Modéer & Helle Vogt eds., 2020)
Foreword, to Juridical Ecumenism (Norman Doe ed., 2020)
Foreword, to Law and the Christian Tradition in Italy: The Legacy of the Great Jurists (Orazio Condorelli & Rafael Domingo eds., 2020)
The Uses of Law for the Formation of Character: A Classic Protestant Doctrine for Late-Modern Liberal Societies?, in The Impact of Religion on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (Michael Welker, John Witte & Stephen Pickard eds., forthcoming 2020)
Oikos and Oikonomika: The Early Modern Family as a Matrix of Modern Economics, in The Impact of the Market on Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies (Jürgen von Hagen, Michael Welker, John Witte Jr. & Stephen Pickard eds., forthcoming 2020)
Introduction and, The Good Lutheran Jurist Johann Oldendorp (ca. 1486–1567), in Great Christian Jurists in German History (Mathias Schmoeckel & John Witte Jr. eds., 2020)
The Reformation of Constitutionalism, in Christianity and Constitutionalism (Nicholas Aroney & Ian Leigh eds., forthcoming 2020)
Johannes Althusius and the Universal Rule of Law and Rights, in Christianity and Global Law (Rafael Domingo & John Witte Jr. eds., 2020)
Christianity and Sex Crimes, in Christianity and Criminal Law: An Introduction (Mark Hill, Norman Doe, Richard Helmholz & John Witte Jr. eds., forthcoming 2020)
Oxford Dictionary of the Christian Church: contributed articles on bigamy, children, digamy, diriment impediments, divorce, kindred and affinity table, marriage, mixed marriage and nullity (4th ed., forthcoming 2020)
ARTICLES
Margo A. Bagley
How Domestic Measures Address Benefit-sharing Arising from Commercial and Non-commercial Use of Digital Sequence Information on Genetic Resources and Address the Use of Digital Sequence Information on Genetic Resources for Research and Development, per the Fourteenth Conference of the Parties to the Convention on Biological Diversity, CBD Secretariat (2020) (with Elizabeth Karger, Frederick Perron-Welch & Siva Thambisetty
Deborah Dinner
A Troubled Relationship: Sex Equality and the Limits of Law, 31(4) Journal of Women’s History 134 (2019) (review of A Class by Herself: Protective Laws for Women Workers, 1890s-1990s by Nancy Woloch (2015) and Equality on Trial: Gender and Rights in the Modern American Workplace, by Katherine Turk (2016))
Timothy R. Holbrook
The Importance of Communication to Possession in IP, 100 Boston University Law Review Online 18 (2020), an invited essay/response to Right on Time: First Possession in Property and Intellectual Property (Dotan Oliar & James Y. Stern) 99 Boston University Law Review Online 395 (2019)
John Witte Jr.
Between Martin Luther and Martin Luther King: James Pennington and the Struggle for ‘Sacred Human Rights’ Against Slavery, Yale Journal of Law and Humanities (2020) (with Justin Latterell)
The Metaphorical Bridge Between Law and Religion, Pepperdine Law Review (2020)
Meet the New Boss of Religious Freedom: The New Cases in the Court of Justice of the European Union, Texas International Law Journal (2020) (with Andrea Pin)
Presentations
Margo A. Bagley
“Protection of Copyright in the Digital Environment: Copyright Exceptions and Limitations,” African Group workshop on the Protection of Copyright in the Digital Environment, at the Permanent Mission of the African Union, in Geneva, Switzerland, in December 2019
“Connecting the Dots: Genetic Resources, ABS, and Access to Medicines,” at the Global Forum on Intellectual Property and Access to Medicines, held at the Max Planck Institute on Innovation and Competition Law in Munich, Germany, in December 2019
“Overview of Technology Transfer at DOD and NIH,” Public Workshop on Advancing Commercialization at the Federal Labs, held at the National Academies of Science, Engineering and Medicine, in Washington, DC, in December 2019 (moderator)
“Biopiracy and the Global Use of Biological Data,” at the Fourth Arizona Biosecurity Workshop held at Arizona State University in Tempe, in November 2019
“Patents, DSI, and the Treaty: Trends in the US and Beyond,” at the Eighth Session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture, held in Rome, Italy, in November 2019
“The Morality of Compulsory Licensing of Pharmaceutical Patents,” at Emory Law’s Center for the Study of Law and Religion, in October 2019
Laurie R. Blank
“Human Shields and Terrorist Tactics in the Modern Media Age," at "Lawfare: Using and Misusing the Law of Armed Conflict,” held at the Judge Advocate General's Legal Center and School in Charlottesville, Virginia, on January 21, 2019
“What’s Unique about Underground Warfare, If at All? Subterranean Challenges in War and Peace” at the Interdisciplinary Center Herzliya, Israel, on December 16, 2019
“Chaos in Cosmos: New Technologies—New Battlespaces: Current International Law in Contemporary Domains and Contexts,” at the NATO Supreme Allied Command Transformation Headquarters in Norfolk, Virginia, on December 4, 2019
“The Law and Policy of Armed Conflict,” at the National War College in Washington, DC, on November 22, 2019
Deborah Dinner
“A Roundtable Conversation with Angela Fernandez on Researching, Writing, and Teaching the History of Pierson v. Post” at the American Society for Legal History Annual Meeting, held in Boston, Massachusetts, on November 23, 2019 (discussant)
“Valuing Homemaking Labor,” Cornell Faculty Legal Research Workshop, Ithaca, New York, on November 8, 2019
“Shared Histories: The Feminist and Gay Liberation Movements for Freedom in Public,” at the University of Richmond Law Review Symposium “Commemorating the 50th Anniversary of the Stonewall Riots: Reflecting on the Rise and Evolution of LGBTQ Activism and Rights in the Law” held on October 11, 2019 in Richmond, Virginia (with Elizabeth Sepper)
Rafael Domingo
“The Spiritualization of Politics,” at the University of Navarra’s Institute of Culture and Society, in Pamplona, Spain, on December 19, 2019
Mary L. Dudziak
Dudziak participated in the Sixth Annual Salmon P. Chase Faculty Colloquium, held at Georgetown Law School in Washington, DC, on December 6, 2019. Invited scholars discussed works-in-progress, with a focus on McCulloch v. Maryland. Dudziak also attended the Sixth Annual Salmon Chase Distinguished Lecture held December 5, 2019, at the US Supreme Court.
"The Work of Death," Emory University Provost's Faculty Impact Forum, on November 12, 2019 (organizer and panelist) (with Daniel LaChance, Fred Smith Jr., and Calvin Warren, moderated by Kylie Smith)
George S. Georgiev
"Human Capital Management and Corporate Governance," at the Securities Regulation Works-In-Progress program, Association of American Law Schools Annual Meeting held in Washington, DC, on January 5, 2020
"Human Capital Management and Corporate Governance," at the Southeastern Junior/Senior Faculty Workshop, held at Tulane Law School in New Orleans, Louisiana, on November 1-2, 2019,
Timothy R. Holbrook
"The New Extraterritoriality in Patent Law" at the Indiana University Maurer School of Law IP Colloquium held in Bloomington on November 14, 2019
“Patents, Property, and Possession: Reconceptualizing Patent Law,” at the Brigham Young University Law School IP Colloquium held in Provo, Utah, on November 1, 2019
Kay L. Levine
Criminal justice roundtable, presentations on works in progress in criminal law and procedure, at Vanderbilt Law School in Nashville, Tennessee, on November 8-9, 2019 (commentator)
Jonathan R. Nash
"Filibuster Change and Judicial Appointments," at the Annual Conference on Empirical Legal Studies, held at Claremont College, California, on November 16, 2019
Teemu Ruskola
“A Brief History of Inequality in China," at the National University of Singapore, on January 31, 2020
"Inequality, China, and Corporate Law," at the Colloquium on Human Rights and Inequality held at the University of Texas Rapoport Center for Human Rights and Justice in Austin, on November 25, 2019 (with respondent James Galbraith)
Fred Smith Jr.
"The Work of Death," Emory University Provost's Faculty Impact Forum, on November 12, 2019 (with Mary L. Dudziak, Daniel LaChance, and Calvin Warren, moderated by Kylie Smith)
Timothy P. Terrell
Terrell presented full-day legal writing programs to the following audiences from November 2019 to January 2020: US Patent and Trademark Office; US Commodities Futures Trading Commission; US Environmental Protection Agency, Atlanta Office; US Third Circuit Court of Appeals; US District Court for the Eastern District of Pennsylvania; Indiana Attorney General's Office; Georgia appellate court clerks; Sheehan Phinney; and, Atlanta Legal Aid.
Barbara Bennett Woodhouse
"Children's Rights at 30: Challenges for the Next Generation," at the Association of American Law Schools Annual Meeting held in Washington, DC, on January 4, 2020 (panelist)
Appointments & Public Service
Margo A. Bagley served as technical expert to the African Union and African Group at the 59th General Assemblies of the World Intellectual Property Organization held in Geneva, Switzerland in October 2019.
Mary L. Dudziak serves on the US State Department Historical Advisory Committee, which advises the department’s Office of the Historian concerning Foreign Relations of the United States and declassification issues. The group meets quarterly at the State Department.
Teemu Ruskola has been invited to join the editorial board for a new series, on Comparative Studies in Culture, Politics and Religion, by Springer Publishing.
Quoted in the Media
Laurie R. Blank
“Tensions Between US and Iran,” WABE 90.1 (January 8, 2020)
Polly J. Price
“195 Americans Are Quarantined Because of Coronavirus. What Does that Mean?” ABC News (January 31, 2020)