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United States Supreme Court

2013

University of Miami Law School

Articles 1 - 2 of 2

Full-Text Articles in Law

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos Oct 2013

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos

University of Miami Law Review

The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each …


The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard Oct 2013

The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard

University of Miami Law Review

No abstract provided.