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Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. Kopel, Gary Lawson
Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. Kopel, Gary Lawson
David B Kopel
In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew Koppelman concludes that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is constitutionally authorized as a law "necessary and proper for carrying into Execution" other aspects of the PPACA. However, the Necessary and Proper Clause rather plainly does not authorize the individual mandate. The Necessary and Proper Clause incorporates basic norms drawn from eighteenth-century agency law, administrative law, and corporate law. From agency law, the clause embodies the venerable doctrine of principals and incidents: a law enacted under the clause must …
"Not Charity But Justice": Charles Gore, Workers, And The Way, John F. Wirenius
"Not Charity But Justice": Charles Gore, Workers, And The Way, John F. Wirenius
John F. Wirenius
Charles Gore, Bishop of Oxford, co-author of "Lux Mundi" and leading liberal Anglo-Catholic of the Nineteenth and Twentieth Centuries, was an early exponent of the rights of labor, and advocate for collective bargaining. This Article examines the theological underpinnings of this advocacy, finding it inextricably rooted in Gore's vision of Christianity as "the Way" fundamentally a way of life, and not a series of doctrinal commitments.
Card Check Labor Certification: Lessons From New York, William A. Herbert
Card Check Labor Certification: Lessons From New York, William A. Herbert
William A. Herbert
During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …