July 2017

On June 23, 2017, the U.S. Supreme Court once again applied the Sixth Amendment ineffective assistance of counsel doctrine to attorney errors during plea negotiations. In Lee v. United States, a six-member majority led by Chief Justice Roberts found a Sixth Amendment violation where an attorney incorrectly advised a noncitizen defendant that guilty pleas do not trigger deportation, and the defendant established "by substantial and uncontroverted evidence" that he would not have pled guilty but for this advice.

When may the government strip a naturalized citizen of U.S. citizenship? The Immigration and Nationality Act makes it a crime to knowingly "procure" naturalization "contrary to law." Another statute makes it unlawful to knowingly make a false statement under oath in a naturalization proceeding.

This idea of "forum shopping", picking a court that maximizes the chance you will win your case, is generally frowned upon. Such variability generally offends our sense of justice and fairness. Such offense is particularly the case in patent law. Why should my patent rights depend on what court I sue in, when the U.S. Patent and Trademark Office has granted me a patent on my invention that covers the entire United States?

What makes the decision in Trinity Lutheran so interesting is that while the facts were really clear, the justices seemed generally unable to agree on what exactly the case was about or how to frame it.

In its most recent term, the Supreme Court gave uncommon attention to general personal jurisdiction. In two decisions, the court doubled down on a restrictive conception of that doctrine.

The Emory community is saddened to report the recent loss of a dear alumnus, Judge William O'Kelley 51C 53L.