School of Law

The Supreme Court will hear several states’ legal challenges to the Affordable Care Act, ensuring that the court — in late June 2012 — will deliver a momentous statement about the ever-contentious constitutional balance between federal and state power. “The key element of the states’ lawsuits targets the act’s requirement that everyone in the country must purchase commercial health insurance,” says constitutional law expert Gregory P. Magarian, JD, professor of law at Washington University in St. Louis.

The Occupy protests present a classic First Amendment problem: balancing political dissent against government control of property. “In theory, the government has very limited authority to curb expressive activity in what the law calls ‘public forums,’” says Gregory P. Magarian, JD, constitutional law expert and professor at Washington University in St. Louis School of Law.

The U.S. remains on track to spend twice as much for health care as for food, yet millions are without insurance or uninsured. “Health insurance premiums also continue to rise – on average another 9 percent in 2011,” says Merton Bernstein, JD, leading health insurance expert and the Walter D. Coles Professor of Law Emeritus at Washington University in St. Louis. “Medical care costs can change direction if policy makers stop whistling past a significant contributor – non-benefit costs.”

The School of Law is hosting a screening and discussion of the award-winning documentary Made In India at 7 p.m. Wednesday, Nov. 16, in the Bryan Cave Moot Courtroom of Anheuser-Busch Hall. The event is free and open to the public. The film explores the practice of “outsourcing” surrogacy arrangements to countries in which poor women agree to gestate pregnancies for intended parents from the U.S.

Kent D. Syverud, JD, law dean and the Ethan A.H. Shepley Distinguished University Professor at Washington University, presented the Dean’s Medal to alumnus Mel F. Brown, JD, Nov. 9 at the annual Scholars in Law dinner. The Dean’s Medal is the highest honor a dean can bestow upon a graduate of the law school.

On Nov. 8, Mississippi voters will cast their ballots on Initiative 26, which would make every “fertilized egg” a “person” as a matter of law. “Many have rightly condemned this so-called ‘personhood’ initiative as an attack not only on abortion rights, but also on the ability to practice widely used methods of birth control, to attempt in vitro fertilization, and to grieve a miscarriage in private, without a criminal investigation by the state,” says Susan Appleton, JD, family law expert and the Lemma Barkeloo and Phoebe Couzins Professor of Law at Washington University in St. Louis. “But these criticisms fail to identify another flaw in the reasoning of the initiative’s proponents,” she says. “The proponents assume that attaching the label of ‘person’ to fertilized eggs, embryos and fetuses necessarily establishes a legal basis for criminalizing abortion, or even for requiring its criminalization.”

Mark Zoole, JD, adjunct professor at the School of Law, addresses a panel of judges during a question and answer session after a Special Session of the U.S. Court of Appeals for the Armed Forces (CAAF) in the Bryan Cave Moot Courtroom Nov. 2. The CAAF session featured a panel of five judges hearing arguments on both sides of the case of United States v. Thomas Hayes.

Despite the separation of church and state, religion plays a significant role in political debate. Gregory P. Magarian, JD, free speech and election law expert and professor of law at Washington University in St. Louis, says that certain forms of religious argument pose a meaningful threat to democracy, but restricting these arguments would be an even larger threat to U.S. political culture.

Litigation and legislative reforms have achieved formal rights to equal treatment for women in employment. But women continue to perform disproportionate amounts of caregiving in the home, to suffer economic penalties for childbearing and to face discrimination on account of motherhood in the workplace. “The disconnect between formal equality and the deepening work-family conflict is no accident,” says Deborah Dinner, JD, legal historian and associate professor of law at Washington University in St. Louis.

The Brookings Institution, a nonprofit public policy organization based in Washington, D.C., and Washington University in St. Louis announce recipients of grants from the joint Academic Venture Fund. The purpose of the AVF is to support collaboration between scholars at WUSTL and the Brookings Institution, particularly long-term projects that impact research, education and policy.