Releases Archive

Emory Law’s Hugh F. MacMillan Library recently received a Be Well Mini-Grant from Emory’s Office of Health Promotion.

For decades, many Americans have been seeking a reversal of the Supreme Court’s decision in Employment Division v. Smith (1990), where the court held that laws burdening religious practice are subject to only rational basis review so long that they are neutral, generally applicable, and do not discriminate against or target religiously motivated conduct. Smith reversed the court’s prior First Amendment jurisprudence that subjected all laws burdening religious practice to strict scrutiny.

The class action is a procedural device that allows many claimants to aggregate their claims in a single case. It is an important tool for private enforcement of the law, particularly in cases involving “negative value” claims: claims so small that no one would assert them individually. Many consumer claims fall into this category. As Judge Posner famously said, “only a lunatic or a fanatic sues for $30.” Without the class action, such claims would not be asserted, which would thwart both the compensatory and deterrent goals of consumer protection laws.

The Supreme Court has reiterated several times over the past sixty years that “students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” In 1969, in Tinker v. Des Moines Independent Community School District, the court upheld the constitutional right of students to wear black armbands to school to protest the Vietnam War. Though it acknowledged that public school students’ speech rights were not as robust as they would be in the village square, the court articulated a relatively rigorous standard that requires school administrators to demonstrate a genuine prospect of a “substantial disruption” to the educational environment in order to restrict student speech.

In June, the U.S. Supreme Court decided California v. Texas, the fifth Affordable Care Act (ACA) case to reach the court since the Act’s passage in 2010. California v. Texas asserted that the Tax Cuts and Jobs Act of 2017 rendered the ACA unconstitutional by amending it. The Supreme Court rejected the case on standing grounds.

Three different times during the pandemic the United States Supreme Court stayed enforcement of limits on worship services. The last one was Tandon v. Newson, when the United States Supreme Court stayed the enforcement of yet another of California’s limits on worship services during the pandemic. In many ways, the Supreme Court’s decision was not surprising as it had done the same in a New York case nearly five months earlier and a different California case only two months prior.

Congratulations to 2021 John Paul Stevens Fellows Mary Katherine "MK" Karcher 23L, Naomi-Beth McCall 23L, Teddy Randel 22L, and Megan Toomer 23L who received grants to work at public interest organizations across the country.

In June, the State Bar of Georgia recognized two Emory Law professors for professionalism, distinguished practice, and service to others. Associate Dean A. James Elliott 63C 66L received the 2020 Chief Justice Thomas O. Marshall Professionalism Award. Professor of Law Emeritus Charles A. Shanor was honored with the 2019 Marshall-Tuttle Award.

Emory’s Center for Transactional Law and Practice has named George W. Kuney and Carol Morgan the 2021 winners of the Tina L. Stark Award for Excellence in the Teaching of Transactional Law and Skills.

In a welcome return to in-person celebrations, Emory University School of Law graduates either donned masks to cross a socially distanced stage or watched the ceremony live from their devices and home computers as more than 360 students earned master of laws, juris master, doctor of juridical science, or juris doctor degrees.

Suman Malempati left his career as a pediatric oncologist, researcher and associate professor of pediatrics to train as a social justice lawyer because he could “no longer be an observer.”

When a ValuJet DC-9 crashed in the Everglades 25 years ago on May 11, 1996, hundreds of lives were changed forever. But as a result of a lawsuit brought by the family and friends of Kathleen Kessler 72L, nearly 50 female Emory Law students have received scholarships to help them become the formidable trial lawyer she was.

The Emory Law Alumni Awards recognize outstanding alumni who have achieved distinction in legal practice, teaching, research, or public administration and who have demonstrated distinguished service to Emory Law, the Emory Alumni Association, or Emory University.

Representatives’ Committee on Financial Services at the Subcommittee on Consumer Protection and Financial Institutions entitled, “Banking Innovation or Regulatory Evasion? Exploring Modern Trends in Financial Institution Charters.”

Acclaimed legal scholar and social justice advocate Darren Lenard Hutchinson has been named the Emory University School of Law inaugural John Lewis Chair for Civil Rights and Social Justice. He will join the faculty July 1, 2021.

The ultimate impact of Ford, then, is unclear. Despite unanimity on the result, the Court did not speak with one voice.

Vanya Starr did not set out to be a human resources specialist, and quickly learned that her favorite seminars all dealt with employment law. When she started considering pursuing a degree in HR, she naturally leaned toward a degree steeped in the law and decided to attend Emory Law's JM program, where she could take classes specialized in employment law.

Mary Dudziak has been elected a lifetime member of the Council on Foreign Relations (CFR), an independent, nonpartisan membership organization, think tank, and publisher.

Today, the US News & World Report’s 2022 ranking of “America’s Best Graduate Schools” was released, showing Emory Law ranked 29 among ABA-accredited law schools. Specialty rankings demonstrate Emory’s unique strengths in business – corporate law (22), constitutional law (24), contracts – commercial law (22), and health care law (23).  

Congratulations to the teams competing in the Duberstein Bankruptcy Moot Court Competition and The Philip C. Jessup International Law Moot Court Competition.

Kirsten Schaetzel is the English Language Specialist at Emory University School of Law. She helps multilingual and international students navigate American culture and the English language while they learn about US law.

Applicants to Emory Law's JM program often have similar questions. Anthony Spatola answers some of the most common questions we receive about the degree and admission process.

As a Robert W. Woodruff fellow, Daniel is pursuing his juris doctor from Emory University School of Law at 30 years old.

The membership of Emory’s American Inn of Court has voted to rename itself as The Judge Clarence Cooper American Inn of Court, after a 1967 Emory Law graduate and history maker within the judiciary.

Today, 157 Law School Deans from schools across the country published a statement addressing the 2020 election and the events that took place in the United States Capitol last week.

Yesterday, the world witnessed an appalling assault on democracy and the rule of law. This was an assault on the peaceful transfer of power, a tradition which is a hallmark of American democracy. 

Emory Law professor and former dean, Robert Schapiro, has been named dean for the University of San Diego School of Law, a position he will assume beginning in the January 2021 semester.

The Emory University School of Law is proud to announce the launch of a new digital repository to provide free, open access to Emory Law faculty scholarship and Emory Law journals, to showcase the scholarship of Emory Law centers, and to include other planned collections and multimedia content.

In just nine months, an effort spearheaded by the Black Law Students Association Advisory Board has created an endowment that will allow more Black students to choose Emory Law.

Emory University School of Law welcomes Kristin Johnson to the faculty beginning in January 2021. Johnson comes to Emory Law from Tulane University Law School where she is the McGlinchey Stafford Professor of Law, associate dean for faculty research, an affiliate of the Murphy Institute for Political Economy, and the Gordon Gamm Faculty Scholar.

This summer, John T. Rose 18L, associate with Lewis Brisbois Bisgaard & Smith, and his law partner were named on Billboard’s list of 2020 Top Music Lawyers.

The Carnegie Corporation of New York has included Charles Howard Candler Professor of Law Abdullahi Ahmed An-Na’im among its annual list of Great Immigrants. The 2020 list honors 38 naturalized citizens who have enriched and strengthened our nation and democracy through their contributions and actions.

Each year, the Emory Law Alumni Awards recognize outstanding alumni who have achieved distinction in legal practice, teaching, research, or public administration and who have demonstrated distinguished service to Emory Law, the Emory Alumni Association, or Emory University.

The virtual version of this year's Emory University School of Law graduation ceremonies occurred May 11, following the university's online Commencement program. The event honored the law school’s more than 360 graduates in programs including master of laws, Juris Master, and Juris Doctor.

Frederick Johnson, Captain, United States Air Force—or Eric Johnson 20L, as his Emory family knows him—will walk out of Emory Law with his juris doctor with high honors and march into a unique career as a judge advocate.

The Emory University School of Law Volunteer Clinic for Veterans (VCV) launched a program to provide advance directives, wills, and other estate planning assistance to medical residents completing their training at Emory University School of Medicine.

Accomplished health law scholar and teacher Matthew B. Lawrence will join Emory Law’s faculty as associate professor of law this fall.

The Emory Law Volunteer Clinic for Veterans (VCV) welcomed a new staff attorney.

One of the law school’s signature events, the Emory Public Interest Committee’s (EPIC) Inspiration Awards,

Elliott 66L will receive the 19th Annual Thomas O. Marshall Professionalism Award honoring an attorney and a judge who have and continue to demonstrate the highest professional conduct and paramount reputation for professionalism.

Emory University receives $1 million NoVo foundation grant to advance systems-based solutions to end commercial sexual exploitation. Emory Law’s Barton Child Law and Policy Center part of multi-sector partnership to advance systems-based solutions to support marginalized communities

Dean Mary Anne Bobinski invites us to reflect on how our actions, reactions, or inaction square with MLK's ideals. How would Dr. King define justice?

Joanna M. Shepherd has been named Thomas Simmons Professor of Law, in recognition of exceptional scholarship and her substantial contributions to the study of legal institutions.

Spanish businessman and philanthropist Gonzalo Rodriguez-Fraile has pledged a substantial gift that will support the work of Emory’s Spruill Family Professor of Law and Religion Rafael Domingo.

The Turner Environmental Law Clinic at Emory University School of Law represented Emory in the development and negotiation of a new partnership with The Conservation Fund.

Today is Veterans Day, a formal recognition of the commitment and valor that safeguards the rule of law and protects us all. This day acknowledges the sacrifice required of our military personnel and their families.

Digital platform engages video and social media to encourage scholarly discussion

The Center for International and Comparative Law will present the annual David J. Bederman Lecture. This year's lecture will be delivered by The Honorable Rosalie Silberman Abella on the topic "International Law and Prospects for Justice."

Emory Law's Juris Master Program, offered on campus and online, is designed to help professionals like Ayinde Luqman to become more specialized in their field and enhance their knowledge of the law.

On Friday, September 27, Emory Law's Center for International and Comparative Law will host a conference, "NATO @ 70: The Role of International Law in Collective Security."

The US Senate confirmed two Emory University School of Law graduates to federal judgeships.

Professor Dorothy A. Brown has been named Asa Griggs Candler Professor of Law. Brown is a Professor of Law at Emory University School of Law and an advocate for economic and social justice.

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

Justice Stevens's jurisprudence was rooted in a humanism that honored reason and individual dignity and a patriotism that understood the US as a vibrant, unified republic.

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

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

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

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

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

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

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

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

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

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

Kumar Rajamannar, JM Class of 2019, discusses why he chose to pursue a juris master at Emory Law.

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

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

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