Written by: Gloria Kosir
Rising Iowa Law 3L Max Cheng placed third in the American University Washington College of Law National Health Law Writing Competition this spring. The competition encourages law students to write scholarly papers on subjects related to health law and/or food and drug law. Seven lawyers working in the sector judged the papers and selected Cheng’s as one of the top submissions.
Cheng’s paper, “Fertilization-to-Felony? Managing Iowa’s Shift Toward 'Fetal Personhood' Liability,” examines how legislative changes recognizing fetuses and fertilized eggs as individuals could create uncertainty for patients, physicians, and fertility clinics. He argues that Iowa lawmakers should carefully tailor the state's emerging fetal personhood framework to avoid unintended consequences for assisted reproductive technologies, like in vitro fertilization (IVF). He suggests that lawmakers propose statutory safeguards that protect access to fertility care while clarifying the scope of criminal and civil liability.
For Cheng, the article is deeply personal. The experiences that shaped the paper are the same ones that ultimately led him to law school. Cheng was a medical student at the Ochsner Clinical School when the Dobbs decision was released. This landmark Supreme Court case overturned Roe v. Wade and held that the United States Constitution does not confer a right to abortion. Combined with his clinical experience, Dobbs deepened Cheng’s interest in how legal and policy changes shape health care delivery and reproductive health. He enrolled in law school knowing he wanted to pursue scholarship examining “the legal and health care implications of the post-Dobbs landscape in the country.”
At Iowa Law, Cheng found opportunities to pursue those interests through research and scholarship. It wasn’t until Cheng took an intersession medical tutorial course with Anya Prince, the David H. Vernon Professor in Law, that he began exploring the legal implications of IVF and assisted reproductive technologies as a distinct area of reproductive law.
“As I researched the issue, I realized there was an important conversation happening about how personhood legislation could affect fertility treatment, and I wanted to contribute to that discussion,” Cheng said.
Wanting to deepen his understanding of reproductive health law, Cheng applied to become a research assistant for Jill Wieber Lens, the Dorothy M. Willie Professor in Excellence. Lens is a leading legal expert in reproductive health, with a particular focus on the law and politics of pregnancy loss. Over the past year, Cheng has worked closely with Lens on her research and said her scholarship further inspired his own work.
In addition to serving as a law research assistant, Cheng is a contributing editor of the Iowa Law Review and the senior development editor of the Journal of Gender, Race & Justice. His article, which will be published in Volume 112, Volume 3 of the Iowa Law Review, began as a roughly 70-page student Note examining criminal and civil liability arising from Iowa’s fetal personhood legislation. The paper submitted to the AUWCL competition is a condensed version of the Note.
“This is a well-deserved honor for Max. He worked tirelessly to prepare his article, making it the strongest writing sample to compete at a national level,” Prince said.
Cheng has focused on improving his legal writing through a variety of ways, not least of which is through his coursework. Iowa, The Writing Law School℠, emphasizes experiential opportunities and an academic focus on legal writing, with dedicated professors to help students develop and advance these skills. In fact, Cheng is the second Iowa Law student to place in the AUWCL National Health Law Writing Competition in five years.
According to Cheng, his writing skills are the result of his 1L legal analysis, writing and research professors—especially Mary Ksobiech, Ferguson Carlson Fellow and professor of legal analysis, writing and research. She helped him hone his abilities, and Cheng says she and his other professors share his achievement as much as he does.
“One of Max’s greatest strengths as a writer is his ability to receive and implement feedback. He is always receptive to others’ insights and open to changing his approach to better communicate his message. I was so happy to see his efforts recognized by this award,” Ksobiech said.
Beyond his writing, Cheng credits Emily Hughes, the Edward F. Howrey Professor of Law, as a trusted mentor throughout law school. Whether offering career advice, encouragement, or simply leading by example, Hughes has helped shape Cheng’s approach to the legal profession and reinforced his commitment to public service.
Reflecting on the project, Cheng said, “One of the central lessons I took away from this project is that legal uncertainty is never purely theoretical. For families navigating infertility and fertility treatment, the law can shape some of the most personal and consequential decisions of their lives.” He hopes the paper will encourage policymakers to consider the lived experiences of patients and families navigating IVF procedures and to ensure that legal frameworks keep pace with modern reproductive medicine.