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Full-Text Articles in Law
The Commerce Power And Congressional Mandates, Dan T. Coenen
The Commerce Power And Congressional Mandates, Dan T. Coenen
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In National Federation of Independent Business v. Sebelius, a five-Justice majority concluded that the commerce power did not support enactment of the so-called “individual mandate,” which imposes a penalty on many persons who fail to buy health insurance. That ruling is sure to spark challenges to other federal laws on the theory that they likewise mandate individuals or entities to take certain actions. Federal laws founded on the commerce power, for example, require mine operators to provide workers with safety helmets and (at least as a practical matter) require mine workers to wear them. Some analysts will say that laws …
Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard
Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard
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This Article examines the current state of play following the Supreme Court's decision in NFIB v. Sebelius to allow states the option of expanding their Medicaid programs in accordance with the Patient Protection and Affordable Care Act (ACA). Holding that mandatory expansion was unconstitutionally coercive, the Court created the Red State Option. Despite the enormously generous federal financial support for Medicaid expansion, close to half of the states have declined. At the same time, at least eight Republican-led states have crossed Tea Party lines to accept federal funding for expansion. Drawing lessons from these states, including Arkansas, Arizona, Michigan, and …
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
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No abstract provided.
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
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No abstract provided.
Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher
Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher
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No abstract provided.