Faculty News

Professor Mark Nevitt will join the Emory University School of Law as associate professor of law, starting June 1.

The Center for the Study of Law and Religion (CSLR) is pleased to announce the appointment of Terri Montague as McDonald Distinguished Senior Fellow at CSLR, and Senior Lecturer at Emory Law School.

Robert W. Woodruff Professor of Law Martha Albertson Fineman has received the American Bar Foundation’s 2022 Outstanding Scholar Award.

The new center will enhance the law school’s already rich focus on issues of civil rights, human rights, and social justice.

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The casebook’s third edition will incorporate transformations caused by coronavirus.

Professor Nicole Morris, director of the TI:GER (Technological Innovation: Generating Economic Results) program, will serve as 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.

Rhani Lott Choi 10L was selected to direct a new student program for Academic Advising and Bar Success.

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.

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.

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.

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.

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.

A new Gallup poll shows 70% of people polled support same-sex marriage. In 1996, only 27% supported it. Asa Griggs Candler Professor of Law Tim Holbrook, a long-time advocate for LGBTQ+ rights, says it's because more people now openly identify as LGBTQ+. "I think that it means that the queer community just becomes part of the tapestry of American culture and American life in a way that is inclusive and welcoming," he said.

Asa Griggs Candler Professor of Law Dorothy Brown was interviewed on the Economic Policy Institute's podcast, "The State of Working America." She spoke with the institute's Eve Tahmincioglu and provided "a cross-disciplinary analysis exposing the racism of the American tax system."

Unemployment numbers don't tell full story of companies’ current labor challenges, Asa Griggs Candler Professor of Law says on "Morning Joe." A recent Pew study showed that two thirds of Americans "are thinking about what they want to do going forward," Brown said. "Do they want reexamine their field and their occupation?" Also, the unemployment rate is 9.1 percent for Black Americans, compared to 5.8 percent overall. Also overlooked is "while they're cutting staff, CEO pay has increased."

Hundreds of "Submarine Patents' may be affected by a recent federal circuit ruling, Bloomberg Law reports. A Nevada man's quest for patents on computer designs may be at an end after a ruling that the decades-long delays getting his applications considered may be his own fault. "I found the prosecution laches decision yesterday fascinating/odd for a number of reasons," Holbrook said.

Talking with MSNBC's Chris Hayes on the anniversary of the Tulsa Massacre that burned "Black Wall Street" to ash, Asa Griggs Candler Professor of Law Dorothy Brown notes that dozens of similar assaults on Black excellence occurred across the country and that white U.S. citizens still benefit "in the 21st century from systemic racism that is not too distant past."

While the "Pot Brothers" legal advice to invoke the Fifth Amendment during a traffic stop may be correct, Assistant Professor Kamina Pinder says that could play out differently for people of color. In an interview with Vice about two attorneys' approach to never talking to police after identifying yourself she says, "If you are a person of color, specifically Black or Latinx, you cannot just reach into your wallet and snap out, "This is the only information you're going to get from me.'"

In an interview with Washington Post financial columnist Michelle Singletary, Asa Griggs Candler Professor of Law Dorothy Brown talks about her book, "The Whiteness of Wealth" and says the U.S. tax code has built in advantages for Whites, while it disadvantages Blacks. "Our tax laws were designed with White Americans in mind," Brown writes. "That's why no solution proposed by either the right or left — not better jobs, not increased homeownership, and not more access to higher education — will be effective without significant and fundamental tax reform."

Building wealth is hard, but the racial wealth gap makes just how difficult it is apparent. Asa Griggs Candler Professor of Law Dorothy Brown joined the Washington Post's Michelle Singletary on NPR's 1A to discuss Brown's argument that the tax code is partially to blame.

Calls by some Democrats for Supreme Court Associate Justice Stephen Breyer to retire are unwarranted, Emory Law Professor Michael Broyde says. "There is no reason for Justice Breyer to resign, and there are good reasons for him to continue doing the excellent job he is doing," he writes in an op-ed for CNN.

Asa Griggs Candler Professor of Law Dorothy Brown was a guest on "The View" to discuss how the tax code subsidizes white wealth and penalizes Black Americans, even when they participate in the exact same behaviors.

Black students tend to borrow more money than white students to go to college, and students at historically Black colleges and universities, in particular, borrow nearly twice as much as students at non-HBCUs, MarketPlace reports. Thus, donor Robert Smith's gift to pay off loans for 400 Morehouse students is doubly generous. "Student debt is a significant drag on Black college grads who have done everything right, their ability to produce wealth going forward," Asa Griggs Candler Professor of Law Dorothy Brown said.

"A typical white family has eight times the wealth of a typical Black family in the United States,” Dean Obeidallah writes for Salon. The why behind that racial wealth gap has, until recently, overlooked one driving reason: The U.S. tax code. “That's why Dorothy Brown … wrote her compelling new book, 'The Whiteness of Wealth: How the Tax System Impoverishes Black Americans — and How We Can Fix It.'"

Since President Biden took office, the Department of Justice has been granted two delays in the House Judiciary Committee's long-running quest to compel Don McGahn, Trump's former White House counsel, to testify before Congress. Professor Jonathan Nash told The Hill that the Biden administration may believe the best path forward is to settle the case in order to avoid a decision that could hurt the executive branch's interests. A court win could create an unwelcome precedent the next time Republicans wield oversight gavels, he added.

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.

IRS Commissioner Charles P. Rettig told a Senate Finance Committee that it's not "outlandish" to believe the U.S. loses $1 trillion annually via owed taxes that aren't collected. Asa Griggs Professor of Law Dorothy Brown told the committee the problem is aggravated by a different tax gap — the favorable treatment the tax code provides wealthy, largely White taxpayers, compared to lower income, largely Black and Latino workers.

Digital lenders that partner with banks to offer consumers high-cost loans may be at risk of a crackdown under President Joe Biden's administration. Prof. Kristin Johnson, a law professor at Emory University, cautioned without adequate consumer protections, lenders can engage in a "race to the bottom" on loan standards and ultimately expose the entire financial system to risk.

During her testimony at a Senate Finance Committee Tuesday on inequality in the U.S. tax code, Asa Griggs Professor of Law Dorothy Brown agreed with GOP assertions that repealing the $10,000 cap on the deduction of state and local taxes would run counter to efforts to close income and wealth gaps. Brown told the panel that tax deductions tend to favor white over Black households, particularly since it is mostly wealthier Americans who still itemize on their returns following changes made in the 2017 tax code. 

In a Q & A with Vox, Asa Griggs Candler Professor of Law Dorothy Brown talked about her book "The Whiteness of Wealth," and how to repair the tax code to remove provisions that benefit white citizens and disadvantage Black people. "My ideal tax system ... is one where pretty much all income is taxed under the same progressive rate system; we get rid of these deductions and exclusions that are overwhelmingly benefiting white Americans. And then we would create one deduction — I call it a living allowance — that's based on what you would need to live in the geographical area you're in."

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

Georgia Attorney General Chris Carr and 22 of his national counterparts have started a coalition to prevent DC from becoming a state. They say they're defending the Constitution. Emory Law Professor Alexander Volokh said the issue is how it could dilute voting power of existing states. "Whenever a new state is admitted that dilutes voting power of every existing state, so that means if you are concerned about the power of your state to shap'e the destiny of America, you can welcome new states," he said. "But on the other hand you can say, No, if we're going to dilute voting power it should be valid,'" Volokh said.

The U.S. House Committee on Financial Services Subcommittee on Consumer Protection and Financial Institutions requested testimony from Emory Law Asa Griggs Professor of Law Kristin Johnson, in the virtual hearing "Banking Innovation or Regulatory Evasion? Exploring Trends in Financial Institution Charters."

The U.S. House Committee on Financial Services Subcommittee on Consumer Protection and Financial Institutions requested testimony from Emory Law Asa Griggs Professor of Law Kristin Johnson, in the virtual hearing "Banking Innovation or Regulatory Evasion? Exploring Trends in Financial Institution Charters."

The tax code is designed to build white wealth, Asa Griggs Candler Professor of Law tells New York Magazine. "If you're a Black American, going, 'What am I doing wrong?' The answer is nothing. The system is what's wrong."

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

Asa Griggs Candler Professor of Law Dorothy Brown, author of "The Whiteness of Wealth," was featured on the New Yorker Radio Hour to explain how the seemingly race-neutral tax code compounds inequalities and prevents Black people from building wealth.

President Joe Biden has announced 11 nominations for federal judgeships (including Emory Law grad Julien X. Neals 91L). What are their chances in a still-polarized Senate? Professor Jonathan Nash tells Reuters there are structural impediments to how far Republicans can go to obstruct Biden's effort to reshape the judiciary. Legislators who oppose nominations risk offending colleagues who make recommendations on judgeships in their states. "You're more likely to see (Republicans obstruct) Supreme Court nominees, and the appellate courts," Nash said.

Asa Griggs Candler Professor of Law Dorothy Brown spoke on how racism and inequality are reflected in the American tax system. She was joined by Georgia State University Professor Maurice Hobson at a virtual event hosted by Charis Books and More in Decatur.

In her new book "The Whiteness of Wealth," Asa Griggs Candler Professor of Law Dorothy Brown illustrates the way the tax code penalizes Blacks through the lens of Atlanta area homeowner "John," who wanted to raise his sons in a diverse neighborhood. Brown's research finds houses in Black neighborhood don’t appreciate like those in predominantly white neighborhoods. John sold at a loss and moved to a white neighborhood when the gap in property taxes affected the quality of his sons' schools. "This is just one of many ways that the U.S. tax code perpetuates the racial wealth gap," Brown writes for the New York Times. "Collecting tax data by race is a first and necessary step in making our tax laws more equitable."

President Joe Biden says he will increase corporate, estate, and capital gains taxes to fund his Build Back Better plan for infrastructure, green energy and education, among other priorities. Asa Griggs Candler Professor of Law Dorothy Brown has argued capital gains should be taxed on equal footing with income, not just for those making $1 million or more. "If you really want to talk about tax reform that gets at systemic racism, look at the systemic racism that made stock ownership an activity white Americans have engaged in for decades but not Black Americans," she tells Vox.

Asa Griggs Candler Professor of Law Dorothy Brown was interviewed at the Bloomberg Equality Summit, "Is the Tax Code Racist”?" about her new book "The Whiteness of Wealth" and how the code is geared to build white wealth. Loopholes and benefits concerning marriage, property and investments work against Blacks, she says. "It doesn’t matter how much income you have, tax law disadvantages Black Americans across the income spectrum."

"The IRS is unusual among federal agencies in never asking about race—the only information it requests is what it's required by law to ask and what it needs to calculate people's tax bills," according to Politico. If the IRS started collecting that data, it would show who benefits from tax breaks. "You would find provision after provision where white taxpayers are more likely to benefit than Black taxpayers," Asa Griggs Candler Professor of Law Dorothy Brown said.

Asa Griggs Candler Professor of Law Dorothy Brown is on the cover of the March 15 issue of Bloomberg Businessweek. Her new book, "The Whiteness of Wealth," details her ideas on how to overhaul a tax code geared to increase white wealth and results in Blacks paying more taxes for the same income.

COVID vaccinations are currently being administered under emergency conditions to quell a worldwide pandemic. But going forward, could employers or schools require proof of vaccination? " I think there would be some legal risk to an employer that chose to make a vaccine mandatory," Emory Law Professor Ani Satz tells Fox 5 Atlanta. "But I think there's some legal arguments to support that choice."

As long as a state can show its coronavirus rules are based on scientific evidence, it's unlikely a court will overturn the restrictions, Emory Law Professor Polly Price tells Law 360.

Then presidential candidate Elizabeth Warren's proposal to institute a two percent tax on Americans with more than $50 million in assets illuminates the racial wealth gap, Emory Law Professor Dorothy Brown told The Nation. "Given the gap, this tax will overwhelmingly hit white wealthy Americans," said Brown, who backs the idea. "Even wealthy black Americans don't reach the heights of a Bezos or Zuckerberg."

Associate Professor Alexander Volokh testified before a Georgia House of Representatives subcommittee in a battle between traditional car manufacturers and dealerships, and the electric car industry, which tends to go directly to the consumer for sales. Volokh told the subcommittee that businesses should be allowed to find the best ways to sell their products. "It shouldn't be up to us to tell manufacturers the best way to reach their customers," he said.

Emory Law Professor Kristin Johnson joined former Commodity Futures Trading Commission General Counsel Patrick McCarty and Columbia University's Josh Mitts to talk about fairness, hedge funds and social media in the context of the recent fluctuations of GameStop stock. Listen on Roll Call's FinTech Beat podcast.

A recent Bloomberg story on what progressive Democrats hope for in upcoming federal judicial appointments cited Professor Joanna Shepherd's study on how judges' backgrounds can make a difference in outcomes. Her research found Judges with experience as federal prosecutors or corporate lawyers are less likely to rule in favor of workers in employment disputes.

Emory Law Professor Joanna Shepherd's recently released study "Jobs, Judges, and Justice" found judges who were previously prosecutors or corporate lawyers "are significantly more likely than other types of lawyers to rule against workers as judges." She spoke with NPR about the impact of diversity on the bench.

While Emory has worked hard to eliminate racism and anti-semitism, its Yerkes National Primate Research Center is named for Robert Yerkes, Professor George Shepherd writes in an op-ed for the Emory Wheel. He says the University should stop honoring a man who was a racist proponent of eugenics, instrumental in the passage of the Immigration Act of 1924, which excluded millions of Jews from the U.S. in the years before World War II.