School of Law

The Supreme Court’s decision March 2 that a military funeral protest by Fred Phelps’ Westboro Baptist Church is protected by the First Amendment is a free speech victory, but “there is one note of concern for free speech advocates, which is the opinion’s toleration of ‘free speech zone’ theory,” says Neil Richards, JD, constitutional law expert and professor of law at Washington University in St. Louis. “The opinion notes with approval that the funeral protest took place from a free speech zone from behind a protective fence, and notes at the end that even though Phelps’ speech was protected, it would certainly be amenable to possibly aggressive time, place, and manner restriction,” says Richards, a former law clerk for former Chief Justice William H. Rehnquist. 

Joel Seligman, JD, president of the University of Rochester, will discuss the future of financial institutions at the 2011 Tyrrell Williams Lecture at 4 p.m. Thursday, March 3. Seligman, former dean of the Washington University in St. Louis School of Law, will speak in the Bryan Cave Moot Courtroom in Anheuser-Busch Hall. The lecture will be followed by a reception in the Crowder Courtyard. The event is free and open to the public.

Wisconsin Gov. Scott Walker’s move to strip or significantly narrow his state’s public-sector workers’ collective bargaining rights has significant implications for all unionized workers, both in the public and private sector, says Marion Crain, JD, the Wiley B. Rutledge Professor of Law at Washington University in St. Louis and director of the Center for the Interdisciplinary Study of Work & Social Capital.

The Supreme Court should affirm the constitutionality of the Affordable Care Act, contends Washington University in St. Louis law professor Greg Magarian, JD, because the Act fits comfortably within a proper understanding of the federal-state balance of power. Magarian, a constitutional law expert, says the basic argument against the constitutionality of the health care bill is that some parts of the bill, most notably the requirement that people purchase health insurance, exceeds Congress’ power to regulate interstate commerce.

Hillary A. Sale, JD, the Walter D. Coles Professor of Law and Professor of Management at Washington University in St. Louis, organized this year’s DirectWomen Board Institute, an annual national program designed to develop and position an elite group of exceptional senior women lawyers for service as directors of major U.S. corporations. The institute is being held this week, Feb. 9-11, in New York City.

Anyone who cares about the rule of law has to acknowledge that illegal immigration has serious social costs that cannot be casually dismissed, says immigration law expert Stephen Legomsky, JD, DPhil, the John S. Lehmann University Professor at Washington University in St. Louis School of Law. “When millions of individuals violate any law — whether it’s immigration, taxes or exceeding the posted speed limit — the rule of law takes a hit. But sometimes, mass violations reveal flaws in the law itself. At any rate, the rule of law also means that the penalties should not be disproportionate to the wrongdoing.”

Laura Rosenbury, JD, associate dean for research and faculty development and professor at Washington University in St. Louis School of Law, has been elected to the American Law Institute (ALI), a national independent organization that focuses on producing scholarly work to clarify and modernize the law. Membership in the ALI is based on professional achievement and a demonstrated interest in improving the law.

The Crimes Against Humanity Initiative at the Whitney R. Harris World Law Institute of Washington University in St. Louis School of Law recently released the text of a proposed multilateral treaty on the prevention and punishment of crimes against humanity. Leila Nadya Sadat, JD, director of the initiative, says that this is the first time that such a convention has been drafted.

Strobe Talbott, president of the Brookings Institution in Washington, D.C., and former deputy secretary of state from 1994-2001, will present “Angels of Our Nature: Polarization in America and Its Challenge to Universities and Think Tanks” at 4 p.m. Monday, Feb. 7, in Whitaker Hall Auditorium at Washington University in St. Louis. Talbott’s policy address will focus on the challenge of polarization in American politics, considered by many to be at its worst level since the late 19th century. He will reflect on the role of universities and think tanks, bastions of fact-based research and academic freedom, as antidotes to the current maladies of America’s political climate.

Bryan Stevenson, JD, prominent death penalty defense attorney and executive director of the Equal Justice Initiative, kicks off the second half of the School of Law’s 13th annual Public Interest Law & Policy Speakers Series Thursday, Feb. 3, with the Dr. Martin Luther King Jr. Commemorative Lecture on “Poverty, Incarceration, and Injustice in America.” The yearlong series “Access to Justice: The Social Responsibility of Lawyers” brings to WUSTL prominent experts in such areas as civil rights, racial justice, the death penalty, social justice, clinical legal education and free speech.