School of Law

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 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.

“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.

Leading privacy law experts from around the world will gather in Cambridge, England, on June 26 and 27 for the first International Privacy Law conference, a joint effort between Washington University in St. Louis School of law and the University of Cambridge. “Every modern society is confronting novel issues of privacy, and our conference brings together some of the smartest thinkers about privacy in the world to compare notes and come up with new solutions,” says Neil M. Richards, JD, conference co-chair and professor of law at Washington University. Conference topics will include intellectual privacy, the conflict between privacy and free speech, the psychology of privacy, public access to court records, and privacy reform in Australia.

Gregory P. Magarian, JD, professor of law, and Timothy D. McBride, PhD, professor of public health, both at Washington University in St. Louis, are available for expert commentary on the Supreme Court’s Affordable Care Act decision.

With the ballot nearly set for the November election, Mitt Romney looks to become the first Mormon to secure a presidential nomination for a major party. His membership in the church of Jesus Christ of Latter Day Saints assures that religion — and the separation of church and state — will play a significant role in this presidential election, says Gregory P. Magarian, JD, free speech and election law expert and professor of law at Washington University in St. Louis. “In general, I think it’s appropriate to consider a candidate’s religion as a part of their persona, but the candidate should get a lot of leeway in setting the terms of their religion’s role in political debate,” he says.

The economic model of law schools is broken, says Brian Z. Tamanaha, JD, JSD, professor of law at Washington University in St. Louis and author of the new book, Failing Law Schools, published by the University of Chicago Press. “The best example to demonstrate this is that in 2010, the average debt of law students was $100,000 and the median salary was $63,000 — so a person who obtains the median salary cannot make the monthly payments on the average debt,” he says. “This involves thousands of law students. For the majority of law students, the cost of obtaining a law degree and the economic return on a law degree are out of whack.”