Experts Available

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“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.

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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.

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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.

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The Internet and social media have opened up new vistas for people to share preferences in films, books and music. Services such as Spotify and the Washington Post Social Reader already integrate reading and listening into social networks, providing what Facebook CEO Mark Zuckerberg calls “frictionless sharing.” “But there’s a problem. A world of automatic, always-on disclosure should give us pause,” says Neil M. Richards, JD, privacy law expert and professor of law at Washington University in St. Louis.

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If international lenders refuse to renegotiate substantial reductions in Greek public debt, chances are that whatever government emerges in Greece in the next few weeks will run out of cash by the end of June, says an economist at Washington University in St. Louis.

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The National Day of Prayer typically sparks debate about whether the day violates the establishment clause of the U.S. Constitution. This year’s observance on May 3 however, likely will take on added significance, as 2012 marks the fiftieth anniversary of the Supreme Court's decision in Engel v. Vitale, which invalidated official prayer in public schools, says John Inazu, JD, first amendment expert and professor of law at Washington University in St. Louis. Inazu and Gregory Magarian, JD, constitutional law expert and WUSTL law professor, tackle the establishment clause question.

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The Jump Start our Business Start-ups (JOBS) Act, an entrepreneurship bill signed into law April 5 by President Barack Obama, could help open an entirely new class of investor to a process they largely have been held out of, says an expert at Washington University in St. Louis.

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The Supreme Court’s upcoming decision on the constitutionality of the Affordable Care act has prompted some interesting and provocative issues about – and between – the president and the judicial branch, says Gregory P. Magarian, JD, professor of law at Washington University in St. Louis and former clerk for retired Supreme Court Justice John Paul Stevens. “These alarmed reactions reflect historical ignorance,” he says.

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After it rules on the highly contested health-care debate and makes other momentous decisions this term, will the U.S. Supreme have sufficient stores of legitimacy to weather the inevitable backlash? Yes, but barely, says a professor of political science at Washington University in St. Louis.

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The Supreme Court’s ruling on the Affordable Care Act (ACA) will have a major impact on the presidential campaign, says Timothy D. McBride, PhD, health economist and associate dean for public health at the Brown School at Washington University in St. Louis. “The health reform legislation was the signature piece of social legislation passed by President (Barack) Obama’s administration in his first term,” he says. How the court’s decision will influence the election could be quite complex, says McBride.

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Participating in an online March Madness bracket or fantasy sport league is harmless fun for most people, but for someone with a gambling addiction, it can be a dangerous temptation. “Now, with states entertaining the possibility of increasing revenue through legalizing internet gambling, it is even more important to pay attention to groups that may be vulnerable to problem gambling, particularly youth,” says Renee Cunningham-Williams, PhD, gambling addictions expert and associate professor at the Brown School at Washington University in St. Louis. “Internet gambling provides youth with increased opportunities to gamble, which is particularly concerning because this generation is arguably the most technologically savvy of any generation in history.”

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Social Security’s cost of living adjustments (COLA) are designed to protect against the erosion of retiree purchasing power when prices go up, as measured by the Consumer Price Index (CPI). “Now Social Security self-styled ‘reformers’ seek to lower COLA every year based on their claim that COLA overstates inflation,” says Merton C. Bernstein, LLB, a nationally recognized expert on Social Security. The proposed substitute for the current CPI formula, ‘Chained COLA,’ is based on the assumption that benefit recipients substitute lower-priced goods as prices go up. “This the assumption is unrealistic for those millions who only have access to convenience stores that typically offer fewer choice and higher prices,” says Bernstein, the Walter D. Coles Professor Emeritus at Washington University in St. Louis School of Law. “And, further, it is not reasonable to assume that most consumers can outwit the wiles of merchandising experts.”

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The current controversy over the Barack Obama administration’s birth control policy is not, contrary to some arguments, a matter of constitutional law, says Gregory P. Magarian, JD, constitutional law expert and professor of law at Washington University in St. Louis. It is however, a matter of Constitutional principle, Magarian says.

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The City of New York recently subpoenaed a Twitter account as part of an ongoing Occupy Wall Street criminal case. The Occupy protester named in the case is challenging the subpoena. Privacy law expert Neil Richards, JD, professor of law at Washington University in St. Louis, says that it’s not surprising that law enforcement groups are interested in accessing the volume of records relating to our speech that social media platforms generate. “By and large, this data should remain private, and online companies should keep the data confidential and not share it any more broadly than we as users and speakers want it to be shared,” Richards says.

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American Airlines’ plan to lay off more than 13,000 employees and eliminate all four of its pension plans as part of its bankruptcy reorganization could eventually spell the end of the airline and leave its pilots with dramatically reduced pensions, say two experts at Washington University in St. Louis.

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Freedom of assembly has become the forgotten constitutional right, with courts’ attention focused more on freedoms of association and speech. Both the Occupy and Tea Party movements, however, are reminders of how the right to assemble has been “at the heart of some of the most important social movements in American history: antebellum abolitionism, women’s suffrage and the Civil Rights Movement,” says John Inazu, JD, PhD, associate professor of law at Washington University in St. Louis. In his new book, Liberty’s Refuge: The Forgotten Freedom of Assembly, recently published by Yale University Press, Inazu examines why freedom of assembly has become “a historical footnote in American law and political theory,” and what has been lost with the weakening of protections for private groups.

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Consumer goods giant Procter & Gamble’s move to lay off some 1,600 employees globally, many in the marketing area, foretells a trend in which more companies will move their advertising dollars from traditional to digital media, says a marketing expert at Washington University in St. Louis.

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Last year’s hit Super Bowl ad, a Volkswagen spot featuring a boy dressed as Darth Vader, was unique in that it was actually released before the game. This year, nearly all ad agencies are expected to run previews of their commercials before the Feb. 5 Super Bowl on YouTube and other sites, leading a marketing expert at Washington University in St. Louis to question the wisdom of running a television ad at all.

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Talent contests are abundant these days. Whether it’s singing, dancing or cooking, it seems someone is always on the lookout for the next “super star.” WalMart Stores, Inc., have even entered the fray, announcing a reality-show like plan to find the next “it” product, a move an innovation expert at Washington University in St. Louis applauds.

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Three Republican primaries or caucuses have ended with three different winners. Upcoming state contests may make the Republican candidate picture clearer, but if division remains, the GOP could end up with a brokered convention. “If the process of voting based on delegates’ commitments does not produce a nominee, then something has to break the logjam,” says Gregory P. Magarian, JD, election law expert and professor of law at Washington University in St. Louis. Magarian discusses the potential for a surprise candidate and the impact of superdelegates.