School of Law

Kathleen F. Brickey, JD, a giant in the field of white-collar crime and the long-serving James Carr Professor of Criminal Jurisprudence at Washington University School of Law, died Wednesday, June 19, 2013.

The Supreme Court today struck down the federal Defense of Marriage Act (DOMA) and rejected a challenge to a lower court ruling that invalidated California’s ban on same-sex marriage, known as Proposition 8. Gregory Magarian, JD, constitutional law expert and professor of law at Washington University in St. Louis, says that the immediate effects of these decisions for same-sex couples will be profound. “The demise of DOMA means that the federal government must treat same-sex couples, legally married under state laws, just like opposite-sex married couples for purposes of federal benefits, tax status, etc,” he says. “The nullification of Proposition 8 appears to make marriage available to same-sex couples in the nation’s largest state, under a prior marriage law that Proposition 8 had purported to invalidate.”

The Supreme Court’s decision in Shelby County v. Holder effectively kills the most successful weapon our nation has ever produced against racial discrimination in voting, says constitutional and election law expert Gregory Magarian, JD, professor of law at Washington University in St. Louis. He says the Court’s decision reflects a victory for two big ideas: state power, at the expense of racial justice; and judicial power, at the expense of democracy.

Bankruptcy expert Daniel L. Keating, JD, professor of law at Washington University in St. Louis, is warning policymakers that any tweaks to the bankruptcy code could have unintended consequences and do little to improve the system. The ABI (American Bankruptcy Institute) Commission to Study the Reform of Chapter 11 is collecting input and will prepare recommendations for Congress in coming months.

In the Association for Molecular Pathology v. Myriad Genetics decision, the Supreme Court unanimously held that naturally occurring DNA sequences are “products of nature” and therefore cannot be patented. “The Court’s holding represents a significant shift form the status quo,” says Kevin Emerson Collins, JD, patent law expert and professor of law at Washington University in St. Louis. “It reverses both the lower court and twenty years of precedent at the United States Patent and Trademark Office.

.ExternalClass p.MsoNormal, .ExternalClass li.MsoNormal, .ExternalClass div.MsoNormal {margin-top:0in;margin-right:0in;margin-bottom:10.0pt;margin-left:0in;line-height:115%;font-size:11.0pt;font-family:Calibri;} .ExternalClass .MsoChpDefault {font-size:11.0pt;font-family:Calibri;} .ExternalClass .MsoPapDefault {margin-bottom:10.0pt;line-height:115%;} @page WordSection1 {size:8.5in 11.0in;margin:1.0in 1.25in 1.0in 1.25in;} .ExternalClass div.WordSection1 {page:WordSection1;} David S. Law, JD, PhD, professor of law and professor of political science, has published a groundbreaking book on the Japanese judiciary and constitutional adjudication in Japan, titled The Japanese Supreme Court and Judicial Review (Gendaijinbunsha, 2013). Read more at http://law.wustl.edu/news/pages.aspx?id=9740.

As President Obama gives a speech on national security — including defending U.S. use of drones to combat terrorism — Leila Sadat, JD, international law expert and professor of law at Washington University in St. Louis, argues that such targeted killing by unmanned planes may violate international humanitarian law. Legalities aside, she also questions whether it promotes U.S. interests abroad.

An executive branch Inspector General played a critical role in exposing the IRS’s practice of targeting Tea Party groups, says Kathleen Clark, JD, anti-corruption expert and professor of law at Washington University in St. Louis. “As we see with the IRS controversy, an Inspector General investigation can cause heads to roll. Perhaps that’s why some government agencies have been without an Inspector General for a very long time – measured not in months, but in years.” Clark notes that the State Department has been without an Inspector General for more than five years.

The Washington University School of Law Women’s Law Caucus (WLC) recently gathered with faculty, alumni, judges and attorneys to honor the organization’s 40th anniversary and to observe the 100th anniversary of International Women’s Day. As part of the annual celebration, the WLC also presented the International Women’s Day honorary awards.

Geetha Sant, JD, soon will become co-director of Washington University School of Law’s Intellectual Property & Nonprofit Organizations Law Clinic. She will begin her duties July 1, succeeding Peter H. Ruger, JD, who is retiring.