Feature Channels: Government/Law

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The Supreme Court’s unanimous opinion in Bowman v. Monsanto holds that farmers who lawfully obtain Monsanto’s patented, genetically modified soybeans do not have a right to plant those soybeans and grow a new crop of soybeans without Monsanto’s permission. “The Court closed a potential loophole in Monsanto’s long-standing business model, prevents Monsanto’s customers from setting up ‘farm-factories’ for producing soybeans that could be sold in competition with Monsanto’s soybeans, and it enables Monsanto to continue to earn a reasonable profit on its patented technology,” says Kevin Collins, JD, patent law expert and professor of law at Washington University in St. Louis

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Research from Temple University’s Center for Competitive Government finds that privately operated prisons can substantially cut costs while performing at equal or better levels than government-run prisons.

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ASHP is encouraged by provisions in draft legislation released today by the Senate HELP Committee to address regulatory gaps in the oversight of compounding outsourcers. The draft bill creates a boundary between traditional pharmacy compounding and defines a new entity, “compounding manufacturer.”

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In the aftermath of the Boston Marathon bombings, some people are calling for an increase in surveillance cameras throughout U.S. cities. “This would be a mistake,” says Neil Richards, JD, privacy law expert and professor of law at Washington University in St. Louis. “It would be dangerous to our civil liberties, and it would be bad policy.” Richards gives his personal reaction to the Boston bombings and offers three reasons why increasing the number of surveillance cameras would be an unnecessary response to recent events in a CNN opinion piece, “Surveillance State No Answer to Terror.”

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UNC's Dr. Adam Goldstein and colleagues discuss in the New England Journal of Medicine medical, ethical, and legal concerns about physician involvement in concealed weapons permits. They argue that standards, protocols and new policies are needed for physicians to adequately assess a patient’s physical or mental competency in concealed-weapons permitting.

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On Thursday, April 11, the Senate voted to roll back the STOCK (Stop Trading on Congressional Knowledge) Act, limiting the web-based publication of government employees’ personal financial information. This action comes in response to a federal court ruling that such publication violated employees’ right to privacy and a critical report by the National Academy of Public Administration (NAPA). “The court recognized that the federal employees have a legitimate right to privacy regarding their personal financial information and ruled that the federal government failed to identify a compelling government interest that would justify posting that personal information on the internet,” says Kathleen Clark, JD, government ethics expert and professor of law at Washington University in St. Louis.

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A new report on hydraulic fracturing (fracking) in California warns of possible water contamination and seismic activity near drilling sites, unless the oil-extraction method is tightly regulated.

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By the end of 2011, most of the 255 Washington residents who received a prescription for lethal medication to end their lives under the state’s Death with Dignity Act had been diagnosed with terminal cancer. Of those, 40 were patients at Seattle Cancer Care Alliance, part of the Pacific Northwest’s only National Cancer Institute-designated Comprehensive Cancer Center. Because several states are considering similar Death with Dignity laws, and because such legislation disproportionately affects cancer patients and their families, SCCA conducted a study to describe the institution’s implementation of the Washington state law and its experience with patients who chose to participate. The study’s findings are published in the April 11, 2013 issue of The New England Journal of Medicine.

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A group of some of the country’s top scholars in First Amendment law recently gathered at Washington University in St. Louis to discuss pressing challenges being faced by the first of our Bill of Rights. Three issues rose to the top of the list for Washington University’s first amendment experts: free expression in a digital age; impaired political debate; and weakened rights of groups.

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Surveillance is everywhere, from street corner cameras to the subject of books and movies. “We talk a lot about why surveillance is bad, but we don’t really know why,” says Neil Richards, JD, privacy law expert and professor of law at Washington University in St. Louis. “We only have a vague intuition about it, which is why courts don’t protect it. We know we don’t like it, and that it has something to do with privacy, but beyond that, the details can be fuzzy.” Richards’ new article on the topic, “The Danger of Surveillance,” will be published in the next issue of the Harvard Law Review.

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John Inazu, JD, first amendment expert and professor of law at Washington University in St. Louis, was invited to provide testimony to the United States Commission on Civil Rights briefing on “Peaceful Coexistence? Reconciling Non-discrimination Principles with Civil Liberties.”

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The federal budget sequester went into effect March 1 after a lack of Congressional action to avoid the automatic spending cuts. Effective April 1, Medicare payments to hospitals, doctors, and other health care providers will be reduced by 2%.

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Ronald M. Levin, JD, administrative law expert and professor of law at Washington University in St. Louis, recently testified on the REINS Act before the House Subcommittee on Regulatory Reform, Commercial and Antitrust Law. “Under the REINS Act, the dysfunction that now afflicts Congress in the enactment of laws would spread to the implementation of the laws,” he says.

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Poll shows large majority of Texans support background checks for all gun purchases, but they are not eager to change existing gun laws.

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Beginning in fall 2013, Washington University School of Law will offer the Semester-in-Practice Externship, an innovative program that empowers second- and third-year law students to gain hands-on professional experience anywhere in the country. Through the externship program, students will earn academic credit by spending a semester working full time for a nonprofit, government, or in-house corporate law office in the location of their choice.

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Unless Congress acts by this Friday, “a series of automatic cuts – called the sequester – will take effect that threaten hundreds of thousands of middle-class jobs, and cut vital services for children, seniors, people with mental illness and our men and women in uniform,” according to a White House report issued Sunday. Many Republican lawmakers, on the other hand, say President Obama and the Democrats are overstating the likely impact of the sequester.

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The American Bar Association’s House of Delegates recently adopted a resolution recommending that the federal government expand its protections against conflicts of interest among government contractors. The resolution was based in part on a report Kathleen Clark, JD, ethics expert and professor of law at Washington University in St. Louis, wrote for the Administrative Conference of the United States (ACUS).“In recent decades, the federal government has greatly expanded its use of contractors to perform services, and spends hundreds of billions on services every year,” Clark writes. “While an extensive array of ethics statutes and rules regulate government employees to ensure that they make decisions in the interest of the government rather than a private interest, only a few of these restrictions apply to contractor personnel.”

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Low-income city residents learn to use broadband through public programs, but they will not get home broadband until it costs less -- and government must help make that happen, says a UIC professor to the Federal Communications Commission.

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The majority of Americans support a broad array of policies to reduce gun violence, according to a new national public opinion survey conducted by researchers at the Johns Hopkins Bloomberg School of Public Health.

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Many gun rights advocates have asserted that the Second Amendment – which protects the right of the people to keep and bear arms – serves a collective interest in deterring and, if necessary, violently deposing a tyrannical federal government. “The strength of this assertion is significantly weakened by the power of the First Amendment,” says Gregory P. Magarian, JD, constitutional law expert and professor of law at Washington University in St. Louis.

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Sixty percent of high school and college students consider gun ownership in the future. Key findings revealed in poll based on personality traits, video games, gender, race, and political affiliation.

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Corporations’ religious freedom claims against the Affordable Care Act’s contraception coverage mandate miss a “basic fact of health economics: health insurance, like wages, is compensation that belongs to the employee,” says Elizabeth Sepper, JD, health law expert and associate professor of law at Washington University in St. Louis. Sepper is featured in the current Harvard Law Bill of Health blog.

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Under the law, whistle-blowers are supposed to be protected from direct reprisals on the job, including discrimination. But what if they and their actions becomes the subject of a widely distributed email? Is that a form of retaliation? Two professors at Indiana University's Kelley School of Business set out to answer that question and determine when public disclosure of the whistle-blower's identity -- like in an email -- is sufficient to support such a claim, in a paper that has been accepted for publication in North Carolina Law Review.