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Medical Jurisprudence

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ACA

Publication Year

Articles 1 - 9 of 9

Full-Text Articles in Law

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher Jan 2014

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher

Scholarly Works

No abstract provided.


The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher Jan 2014

The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher

Scholarly Works

No abstract provided.


A Restatement Of Health Care Law, David Orentlicher Jan 2014

A Restatement Of Health Care Law, David Orentlicher

Scholarly Works

No abstract provided.


Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher Jan 2014

Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher

Scholarly Works

No abstract provided.


Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher Jan 2013

Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher

Scholarly Works

With its opinion on the constitutionality of the Affordable Care Act (ACA), the U.S. Supreme Court sparked much discussion regarding the implications of the case for other federal statutes. In particular, scholars have debated the significance of the Court's recognition of an anticoercion limit to the Spending Clause power.

When it recognized an anticoercion limit for the ACA's Medicaid expansion, the Court left considerable uncertainty as to the parameters of that limit. This essay sketches out one valuable and very plausible interpretation of the Court's new anticoercion principle. It also indicates how this new principle can address a long-standing problem …


Rights To Health Care In The United States: Inherently Unstable, David Orentlicher Jan 2012

Rights To Health Care In The United States: Inherently Unstable, David Orentlicher

Scholarly Works

No abstract provided.


Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher Jan 2011

Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher

Scholarly Works

No abstract provided.


Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher Jan 2011

Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher

Scholarly Works

No abstract provided.


Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher Jan 2011

Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher

Scholarly Works

No abstract provided.