Emory Law Journal

Emory Law Journal Founded in 1952 as the Journal of Public Law, the Emory Law Journal has published academic, professional, and student-authored pieces since 1978.

Founded in 1952, the Emory Law Journal was the first journal sponsored by Emory University School of Law. Originally entitled the Journal of Public Law, the Journal specialized in public law fields. In 1974, the Editorial Board changed the name of the Journal to the Emory Law Journal and pledged to widen the editorial scope of the Journal to include matters of general law, while maintaining an emp

Founded in 1952, the Emory Law Journal was the first journal sponsored by Emory University School of Law. Originally entitled the Journal of Public Law, the Journal specialized in public law fields. In 1974, the Editorial Board changed the name of the Journal to the Emory Law Journal and pledged to widen the editorial scope of the Journal to include matters of general law, while maintaining an emp

Operating as usual

Emory Law Journal is delighted to announce that the first issue of Volume 71 is now available online.We’d also like to t...
10/22/2021

Emory Law Journal is delighted to announce that the first issue of Volume 71 is now available online.
We’d also like to take the time to highlight our two student pieces by Andrea Galvez and Bess Greenberg.
Read all three pieces here! https://scholarlycommons.law.emory.edu/elj/

Emory Law Journal is delighted to announce that the first issue of Volume 71 is now available online.
We’d also like to take the time to highlight our two student pieces by Andrea Galvez and Bess Greenberg.
Read all three pieces here! https://scholarlycommons.law.emory.edu/elj/

Emory Law Journal is delighted to announce that the first publication of Emory Law Journal Online Volume 71 is now avail...
09/20/2021
Ford Motor Company v. Montana Eighth Judicial District Court: Lots of Questions, Some Answers

Emory Law Journal is delighted to announce that the first publication of Emory Law Journal Online Volume 71 is now available online! Borchers, Freer, and Arthur examine all three opinions of the Supreme Court's recent personal jurisdiction decision in Ford Motor Company v. Montana Eighth Judicial District Court and explore many of the important questions left open by the Court's splitting of the "arise out of or relate to" specific jurisdiction test. You can read their essay here: https://scholarlycommons.law.emory.edu/elj-online/41/

In Ford Motor Company v. Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford—involving two consolidated state-court products liability suits alleging defects in the defendants’ cars that injured forum-state ...

We would like to take a moment to formally welcome Volume 71’s staff members. Congratulations to our new members! We loo...
09/12/2021

We would like to take a moment to formally welcome Volume 71’s staff members. Congratulations to our new members! We look forward to working with you to further Emory Law Journal's legal scholarship.

We would like to take a moment to formally welcome Volume 71’s staff members. Congratulations to our new members! We look forward to working with you to further Emory Law Journal's legal scholarship.

Emory Law Journal is delighted to announce that the fourth issue of Volume 70 is now available online. We’d also like to...
04/13/2021

Emory Law Journal is delighted to announce that the fourth issue of Volume 70 is now available online.
We’d also like to take the time to highlight our three student pieces by Jarrett Faber, Ryan T. Smith & Sean F. Driscoll.
Read all five pieces here! https://scholarlycommons.law.emory.edu/elj/vol70/iss4/

Emory Law Journal is delighted to announce that the fourth issue of Volume 70 is now available online.
We’d also like to take the time to highlight our three student pieces by Jarrett Faber, Ryan T. Smith & Sean F. Driscoll.
Read all five pieces here! https://scholarlycommons.law.emory.edu/elj/vol70/iss4/

In response to the attacks that took place in our beloved city of Atlanta this past week, the Emory Law Journal has draf...
03/18/2021

In response to the attacks that took place in our beloved city of Atlanta this past week, the Emory Law Journal has drafted a statement of solidarity to express our commitment to combatting pervasive bigotry and violence against targeted minorities. No matter the form through which they choose to manifest, racism and misogyny are insidious diseases that deliberately erode our collective morale and undermine our confidence in the glue that holds our cherished ideals in place. We want Asian communities in Atlanta and across the country to know that we hear you, we support you, and we stand with you in your fight against injustice and intolerance.

In response to the attacks that took place in our beloved city of Atlanta this past week, the Emory Law Journal has drafted a statement of solidarity to express our commitment to combatting pervasive bigotry and violence against targeted minorities. No matter the form through which they choose to manifest, racism and misogyny are insidious diseases that deliberately erode our collective morale and undermine our confidence in the glue that holds our cherished ideals in place. We want Asian communities in Atlanta and across the country to know that we hear you, we support you, and we stand with you in your fight against injustice and intolerance.

Emory Law Journal is delighted to announce that the third issue of Volume 70 is now available online. We’d also like to ...
02/23/2021

Emory Law Journal is delighted to announce that the third issue of Volume 70 is now available online.
We’d also like to take the time to highlight our three student pieces by Brandon Naquin, Jesse Hevia & Samuel Reilly.
Read all five pieces here! https://scholarlycommons.law.emory.edu/elj/vol70/iss3/

Emory Law Journal is delighted to announce that the third issue of Volume 70 is now available online.
We’d also like to take the time to highlight our three student pieces by Brandon Naquin, Jesse Hevia & Samuel Reilly.
Read all five pieces here! https://scholarlycommons.law.emory.edu/elj/vol70/iss3/

02/22/2021

The Emory Law Journal is pleased to announce that, following our Executive Board elections this past Saturday, our 71st Volume will continue in a long tradition of excellence in the capable hands of our new Board.
The 71st Volume's Executive Board consists of the following students:
Editor in Chief: Danielle Kerker Goldstein
Executive Articles Editor: Shawn Ren
Executive Notes and Comments Editor: Tom Hill
Executive Managing Editors: Virginia Barnhart, Daven Douglas, Patrick Judd, Michael Kolvek, & Sam Leff
Executive Online Editor: Andrea Galvez
Executive Symposium Editor: Sami Harrell
Executive Marketing Editor: Adina Abrahami
We ask you to join us in extending sincere congratulations and warm wishes to the members of our new Board.

Looking forward to hosting our first virtual symposium!
01/15/2021

Looking forward to hosting our first virtual symposium!

Join us virtually on Thursday, February 4, for the 2021 Randolph W. Thrower Symposium titled "Privacy in the Technology Age: Big Tech, Government, and Civil Liberties" featuring keynote speaker Danielle Citron, Jefferson Scholars Foundation Schenck Distinguished Professor in Law at the University of Virginia School of Law.

The Thrower Symposium is free and open to the public. For Georgia Bar members, five of general CLE credits are available.

Registration: https://fal.cn/3cKAZ

Emory Law Journal is delighted to announce that the second issue of Volume 70 is now available online. We’d also like to...
01/13/2021

Emory Law Journal is delighted to announce that the second issue of Volume 70 is now available online.

We’d also like to take the time to highlight our two student pieces by Suman Malempati & Rachel Barrick.
Read all five pieces here! https://scholarlycommons.law.emory.edu/elj/

Emory Law Journal is delighted to announce that the second issue of Volume 70 is now available online.

We’d also like to take the time to highlight our two student pieces by Suman Malempati & Rachel Barrick.
Read all five pieces here! https://scholarlycommons.law.emory.edu/elj/

On January 6, 2021 the President, in his refusal to recognize the outcome of the 2020 election, used his hateful rhetori...
01/08/2021
Impeachable Speech

On January 6, 2021 the President, in his refusal to recognize the outcome of the 2020 election, used his hateful rhetoric to incite and embolden his supporters to storm the United States Capitol. As lawmakers call upon invoking the 25th Amendment and draw up Articles of Impeachment, it is quite fitting that we revisit Katherine Shaw's article published in Issue 1. Shaw examines the relationship between presidential rhetoric and Congress’s power of impeachment. She argues “presidential speech actually played a significant role in every other major presidential impeachment effort in our history.”
Available at: https://lnkd.in/dMX8YAR

Rhetoric is both an important source of presidential power and a key tool of presidential governance. For at least a century, the bully pulpit has amplified presidential power and authority, with significant consequences for the separation of powers and the constitutional order more broadly. Althoug...

The Emory Law Journal is pleased to announce that Rachel Levinson-Walman’s article titled Hiding in Plain Sight: A Fourt...
11/20/2020
Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public

The Emory Law Journal is pleased to announce that Rachel Levinson-Walman’s article titled Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public, was cited by both the majority and the dissent in the opinion of Leaders of a Beautiful Struggle et al v. Baltimore Police Department et al. The cases grapples with the constitutionality of the use of Baltimore's surveillance plane program to fight crime. The opinion can be read at https://www.ca4.uscourts.gov/opinions/201495.P.pdf. Rachel Levinson-Walman’s article can be read at https://scholarlycommons.law.emory.edu/elj/vol66/iss3/4/.

Over the last several decades, the range and capabilities of easily available technologies have expanded at an astonishing pace. The beeper gave way to the flip phone, which has largely been replaced by the ¿smartphone,¿ a mini-computer that fits in the palm of your hand and is more powerful than ...

Emory Law Journal is delighted to announce that the first issue of Volume 70 is now available online. Issue 1 is our fir...
10/15/2020

Emory Law Journal is delighted to announce that the first issue of Volume 70 is now available online. Issue 1 is our first all female authored publication and we are so excited to share these pieces!

We’d also like to take the time to highlight our two student pieces by Michelle Tomkovicz & Shanzeh Daudi.

Read all four pieces here! https://scholarlycommons.law.emory.edu/elj/

All six issues of ELJ Volume 69 are now available online! Thank you so much to all of the editors who helped get the las...
09/04/2020
Emory Law Journal | Emory University School of Law | Atlanta, GA

All six issues of ELJ Volume 69 are now available online! Thank you so much to all of the editors who helped get the last few issues to print, especially with all of the challenges the last few months have brought.

On behalf of the board of Volume 69, we're thrilled to see that Volume 70 is off to a fantastic start, and we can't wait to see what the Volume will have in store!

https://law.emory.edu/elj/

Emory Law Journal

A Call for Submissions: Starting tomorrow, Emory Law Journal is accepting submissions for our forthcoming Special Issue:...
08/31/2020

A Call for Submissions: Starting tomorrow, Emory Law Journal is accepting submissions for our forthcoming Special Issue: Systemic Racism in the Law & Anti-Racist Solutions.

We want to use our platform to elevate legal scholarship that facilitates racial justice and dismantles white supremacy. Please consider submitting an essay. The details are in the attached document:

With the start of this new virtual semester, we would like to take a moment to formally welcome Volume 70's staff member...
08/26/2020

With the start of this new virtual semester, we would like to take a moment to formally welcome Volume 70's staff members. Congratulations to our new members, we look forward to working with you to further Emory Law Journal's legal scholarship.

Professor Govind Persad's forthcoming article in Volume 69 was featured on Health Law JOTWELL! https://health.jotwell.co...
08/01/2020
Our Reinsurance Moment - Health Law

Professor Govind Persad's forthcoming article in Volume 69 was featured on Health Law JOTWELL! https://health.jotwell.com/our-reinsurance-moment/

Govind Persad, Expensive Patients, Reinsurance and the Future of Health Reform, 69 Emory L.J. __ (forthcoming, 2020), available on SSRN.Christina HoWe are in the midst of a health reinsurance “moment” right now. The idea of reinsurance, and in particular, government-sponsored reinsurance, rises ...

Thank you Dean Bobinski. You make us proud to be Emory Law students.
07/10/2020

Thank you Dean Bobinski. You make us proud to be Emory Law students.

Emory will join an amicus brief supporting the Harvard and MIT lawsuit against the new ICE regulations. We will do all we can in support of our international students links.emory.edu/2h

Emory Law Journal is proud to stand with SBA and the student organizations who seek to be actively anti-racist in the wa...
06/02/2020

Emory Law Journal is proud to stand with SBA and the student organizations who seek to be actively anti-racist in the wake of police violence levied against Black and brown communities across the country. We are heartbroken and angry at the murders of Ahmaud Arbery, Breonna Taylor, George Floyd, and far too many more. We mourn and stand in solidarity with the Emory Law community, and we loudly proclaim:

Black Lives Matter.

Attached is a letter that details two permanent changes that Emory Law Journal is making to its Write-On selection proce...
04/01/2020

Attached is a letter that details two permanent changes that Emory Law Journal is making to its Write-On selection process. First, we are adding a Personal Statement to the Write-On Competition. The purpose of this addition is to make our Journals more reflective of the Emory Law community and thus able to produce and publish more diverse legal scholarship. Second, we are eliminating Grade-On from the Write-On Selection Process. We are placing more weight on a candidate’s Write-On score, because the quality of a student’s Write-On packet is a much stronger indicator of how well a student will do on Journal than grades.

The letter details why we made these changes, and how these changes will strengthen Emory Law Journal for years to come. While we are proud to have implemented these changes, we do understand that they are long overdue. Furthermore, we know that this is just one step in making Emory Law Journal a true reflection of our community, and we are thrilled to be taking this step alongside our fellow Journals.

Emory Law Journal's cover photo
02/28/2020

Emory Law Journal's cover photo

The Emory Law Journal is pleased to announce that Matthew Demartini’s piece titled Stepping Back to Move Forward: Expand...
02/28/2020

The Emory Law Journal is pleased to announce that Matthew Demartini’s piece titled Stepping Back to Move Forward: Expanding Personal Jurisdiction by Reviving Old Practices was cited in the Brief for the Alliance of Automobile Manufacturers as Amicus Curiae in Support of the Petitioner. The consolidated cases, Ford v. Montana Eighth Judicial District Court and Ford v. Bandemer, are set to be argued in front of the Supreme Court on April 27, 2020.

Matthew graduated from Emory Law in 2018 and served as an Executive Managing Editor for Volume 67. Congratulations Matthew!

02/24/2020

The Emory Law Journal is honored to announce that, following our Executive Board elections this past Saturday, our 70th Volume will continue in a long tradition of excellence in the capable hands of our new Board.

The 70th Volume's Executive Board consists of the following students:
Editor in Chief: Sam Reilly
Executive Articles Editor: Michelle Tomkovicz
Executive Notes and Comments Editor: Connor Hees
Executive Managing Editors: Natalie Cascario, Jarrett Faber, Tallulah Lanier, Brennan Mancil, and Brandon Naquin
Executive Online Editor: Suman Malempati
Executive Symposium Editor: Colby Moore
Executive Marketing Editor: Briana Merritt

We ask you to join us in extending sincere congratulations and warm wishes to the members of our new Board.

01/25/2020

Issues 2 and 3 in Volume 69 of the Emory Law Journal are now available online!

http://law.emory.edu/elj/content/volume-69/issue-2/index.html

http://law.emory.edu/elj/content/volume-69/issue-3/index.html

Our four student pieces in these issues are:

John Blake Parker's "Paving a Path between the Campus and the Chapel: A Revised Section 501(c)(3) Standard for Determining Tax Exemptions"

Chris Gleason's "Pre-Adjudication Access to Counsel for Juveniles"

Jessica Grace's "A Negligence Approach to Section 14(e) Violations"

Jake McDonough's "The Problem with Present-Value: How Local Bankruptcy Rules Impose Heavy Burdens on Chapter 13 Debtors"

Emory University School of Law
12/12/2019
Emory University School of Law

Emory University School of Law

Early registration is now open for the 2020 Randolph W. Thrower Symposium. This year's event, "Election Law in a Changing Political Landscape: Voter Access, Enforcement After Violations, and Innovative Approaches", will be held on Thursday, February. 6, 2020: ow.ly/cqmm50xxLG5

Emory Law Journal is delighted to announce that Issue 1 in Volume 69 is now available online!We would like to highlight ...
11/27/2019
Issue 1 | Emory University School of Law | Atlanta, GA

Emory Law Journal is delighted to announce that Issue 1 in Volume 69 is now available online!

We would like to highlight our two student pieces in this issue:

Elijah O'Kelley's piece is titled "State Constitutions as a Check on the New Governors: Using State Free Speech Clauses to Protect Social Media Users from Arbitrary Political Censorship by Social Media Platforms"

Keaston Hall's piece is titled "Uncontainable Threat: The Nation’s Coal Ash Ponds"

http://law.emory.edu/elj/content/volume-69/issue-1/index.html

Issue 1

03/25/2019

Emory Law Journal, Volume 69 Student-Authored Comments

The Emory Law Journal Online just published a fascinating new piece from Dr. Barry Edwards from the Department of Politi...
03/14/2019

The Emory Law Journal Online just published a fascinating new piece from Dr. Barry Edwards from the Department of Political Science at UCF. Dr. Edwards’ piece conducted an experiment with pre-law and law students to determine the effect that knowing a trial court’s decision has on appellate judges.

‪We’re thrilled to publish such a compelling, unique article and we’re incredibly appreciative to Dr. Edwards for choosing to publish with us.

http://law.emory.edu/elj/elj-online/volume-68/essays/appeals-courts-reverse-lower-courts-study-explore-affirmation-bias.html

02/26/2019

The Emory Law Journal is honored to announce that, following our Executive Board elections this past Saturday, our 69th Volume will continue in a long tradition of excellence in the capable hands of our new Board.

The 69th Volume's Executive Board consists of the following students:
Editor in Chief: Rashmi Borah
Executive Articles Editor: Christine Thomas
Executive Notes and Comments Editor: Natalie Johnson
Executive Managing Editors: George Brewster, Austin Paalz, John Parker, and Jessica Grace
Executive Online Editor: Samin Mossavi
Executive Symposium Editor: William Carlucci
Executive Marketing Editor: Richard Awopetu

We ask you to join us in extending sincere congratulations and warm wishes to the members of our new Board.

The Emory Law Journal is delighted to announce that Issue 2 in Volume 68 has been published: http://law.emory.edu/elj/co...
02/25/2019

The Emory Law Journal is delighted to announce that Issue 2 in Volume 68 has been published: http://law.emory.edu/elj/content/volume-68/issue-2/index.html

We'd like to take the time to highlight our three student pieces.

First, Zoe Condon argues in "A Snapshot of Dual-Class Share Structures in the Twenty-First Century: A Solution to Reconcile Shareholder Protections with Founder Autonomy" that a new approach is needed for dual-class share structures to protect shareholders and safeguard a company's vision.

Second, Rich Kubiak, our Editor in Chief, argues in "Off-Key Regulation: Examining the SEC's and the DOL's Dissonant Regulation of Broker-Dealers" that the SEC should impose a fiduciary stnadard on broker-dealers who provide personalized investment advice to investors.

And third, in light of the Sixth Circuit's decision in Tennessee v. FCC, John Cobb explains how the adoption of a narrower reading of the clear statement rule in telecommunications regulation would balance the FCC's authority to regulate broadband technology against the sovereign interests of affected states.

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