Business & Entrepreneurship

In recent decades, the federal government has relied more and more on contractors, private businesses, to perform public services. The federal government issues more than $260 billion in government contracts each year, with few restrictions on the employees of those contractors. Government ethics expert Kathleen Clark, JD, professor of law at Washington University in St. Louis, has written extensively about this issue, provides some suggestions in a Q&A.

The federal government is in the process of revising the regulations that govern most human subject research in the United States. In a “Policy Forum” piece in the Aug. 3 issue of Science, bioethics expert Rebecca Dresser, JD, the Daniel Noyes Kirby Professor of Law and professor of ethics in medicine, weighs in with recommendations for changes in the oversight process.

This summer, Ronald Levin, JD, the William R. Orthwein Distinguished Professor of Law, testified before the House of Representatives’ Subcommittee on Courts, Commercial and Administrative Law regarding the “retrospective review” process for federal agency rules.

The budget for issuing and enforcing federal regulation is expected to decline in the 2013 fiscal year, finds a new report from Washington University in St. Louis and George Washington University.

The survival of the Affordable Care Act in the Supreme Court presents a monumental moment to improve the U.S. health care system, says Elizabeth Sepper, JD, health law expert and associate professor of law at Washington University in St. Louis. “It is a uniquely American crisis that 50 million Americans don’t have health insurance and another 29 million are underinsured, meaning getting sick would ruin them financially even though they’ve been paying for insurance,” she says.

News reports indicate that Rep. Darrell Issa (D-Calif.), chairman of the House Committee on Oversight and Reform, dropped confidential information from a Justice Department wiretap application into the Congressional Record last week. “While the executive branch sometimes seeks civil or criminal penalties against those who reveal confidential information, it cannot seek such penalties against Issa because the speech or debate clause of the constitution protects members of Congress when they expose sensitive information in the Congressional Record,” says Kathleen Clark, JD, government ethics expert and professor of law at Washington University in St. Louis.

“I expected the Court to uphold the Affordable Care Act (ACA), however, two elements of this decision are very surprising: the fact that the mandate survives under the taxing power while failing under the Commerce Clause and Necessary and Proper Clause, and the fact that Chief Justice Roberts was in the majority without Justice Kennedy,” says Gregory Magarian, JD, constitutional law expert and professor of law at Washington University in St. Louis. “Roberts’ vote looks to me, as a first impression, like a brilliant piece of judicial strategizing.” Magarian is a former U.S. Supreme Court clerk 
for Justice John Paul Stevens.

The Supreme Court’s decision today means the implementation of the Affordable Care Act can go forward, thus improving the delivery and affordability of medical care, says Timothy McBride, PhD, health economist and associate dean for public health at the Brown School at Washington University in St. Louis.

“Chief Justice Roberts’ opinion on the Affordable Care Act mostly conforms with the way I previously understood the taxing power of the federal government,” says Adam Rosenzweig, JD, tax law expert and associate professor of law at Washington University in St. Louis. Rosenzweig says that there were two important pieces of the Roberts opinion from a tax standpoint.

p.MsoNormal, li.MsoNormal, div.MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:12.0pt;font-family:Cambria;} .MsoChpDefault {font-family:Cambria;} @page WordSection1 {size:8.5in 11.0in;margin:1.0in 1.25in 1.0in 1.25in;} div.WordSection1 {page:WordSection1;} “The Republicans in the House of Representatives apparently believe that they can get some political traction in the ‘Fast and Furious’ controversy, and plan to increase the political pressure on the Obama administration to disclose additional information by holding Attorney General Eric Holder in criminal and civil contempt,” says Kathleen Clark, JD, government ethics expert and professor of law at Washington University in St. Louis. “The criminal contempt is essentially symbolic,” Clark says. Clark notes that the federal prosecutor actually works for Holder, and almost certainly will not prosecute his boss.