School of Law

Constitutional courts worldwide are increasingly turning to legal arguments and ideas from other countries for guidance and inspiration. But scholarly interest in the growing judicial use of foreign law paints a very misleading picture of the globalization of constitutional law, says David Law, JD, PhD, professor of law at Washington University in St. Louis. He says that for those who want to see the U.S. Supreme Court make greater and more sophisticated use of foreign law, encouraging its members or inviting them to additional conferences and gatherings is likely to have little impact. “At this point in time, the greatest obstacle to judicial comparativism in the United States is not the unwillingness of individual judges to consider foreign legal materials, it is the current political economy of the American legal education.”  

The Civil Justice Clinic (CJC) at Washington University in St. Louis School of Law has received Legal Services of Eastern Missouri’s (LSEM) 2011 Ashley Award. LSEM selected the CJC because of the work that clinic faculty, students, and staff undertake in protecting the rights of children and families.

Leila Nadya Sadat, JD, the Henry H. Oberschelp Professor of Law at Washington University in St. Louis, recently received the 2011 Book of the Year Award from the American National Section of L’Association Internationale de Droit Pénal (AIDP) for Forging a Convention for Crimes Against Humanity.

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.