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Articles 1 - 30 of 48

Full-Text Articles in Law

Hauerwas And Disability Law: Exposing The Cracks In The Foundations Of Disability Law , Elizabeth R. Schiltz Nov 2012

Hauerwas And Disability Law: Exposing The Cracks In The Foundations Of Disability Law , Elizabeth R. Schiltz

Law and Contemporary Problems

No abstract provided.


Must Liberalism Be Violent? A Reflection On The Work Of Stanley Hauerwas , Stephen L. Carter Nov 2012

Must Liberalism Be Violent? A Reflection On The Work Of Stanley Hauerwas , Stephen L. Carter

Law and Contemporary Problems

No abstract provided.


A Dialogue Between A Theologian And A Lawyer , H. Jefferson Powell, Stanley Hauerwas Nov 2012

A Dialogue Between A Theologian And A Lawyer , H. Jefferson Powell, Stanley Hauerwas

Law and Contemporary Problems

No abstract provided.


Mistakes About Intention In The Law Of Bioethics, Michael P. Moreland Nov 2012

Mistakes About Intention In The Law Of Bioethics, Michael P. Moreland

Law and Contemporary Problems

No abstract provided.


Hauerwasian Christian Legal Theory, David A. Skeel Jr. Nov 2012

Hauerwasian Christian Legal Theory, David A. Skeel Jr.

Law and Contemporary Problems

No abstract provided.


Hauerwas And The Law: Framing A Productive Conversation , Cathleen Kaveny Nov 2012

Hauerwas And The Law: Framing A Productive Conversation , Cathleen Kaveny

Law and Contemporary Problems

No abstract provided.


The Limits Of Integrity , John D. Inazu Nov 2012

The Limits Of Integrity , John D. Inazu

Law and Contemporary Problems

No abstract provided.


Hauerwas On “Hauerwas And The Law”: Trying To Have Something To Say, Stanley Hauerwas Nov 2012

Hauerwas On “Hauerwas And The Law”: Trying To Have Something To Say, Stanley Hauerwas

Law and Contemporary Problems

No abstract provided.


Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan Nov 2012

Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan

Law and Contemporary Problems

No abstract provided.


Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology , Charlton C. Copeland Nov 2012

Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology , Charlton C. Copeland

Law and Contemporary Problems

No abstract provided.


Hauerwas, Liberalism, And Public Reason: Terms Of Engagement? , Stephen Macedo Nov 2012

Hauerwas, Liberalism, And Public Reason: Terms Of Engagement? , Stephen Macedo

Law and Contemporary Problems

No abstract provided.


Foreword, John D. Inazu Nov 2012

Foreword, John D. Inazu

Law and Contemporary Problems

No abstract provided.


Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions , W. Bradley Wendel Nov 2012

Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions , W. Bradley Wendel

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 2012

Journal Staff

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 2012

Journal Staff

Law and Contemporary Problems

No abstract provided.


Popular Constitutionalism And The Underenforcement Problem: The Case Of The National Healthcare Law, Ernest A. Young May 2012

Popular Constitutionalism And The Underenforcement Problem: The Case Of The National Healthcare Law, Ernest A. Young

Law and Contemporary Problems

No abstract provided.


Of Icebergs And Glaciers: The Submerged Constitution Of American Healthcare , Theodore W. Ruger May 2012

Of Icebergs And Glaciers: The Submerged Constitution Of American Healthcare , Theodore W. Ruger

Law and Contemporary Problems

No abstract provided.


A Mandate For Mandates: Is The Individual Health Insurance Case A Slippery Slope? , Ilya Somin May 2012

A Mandate For Mandates: Is The Individual Health Insurance Case A Slippery Slope? , Ilya Somin

Law and Contemporary Problems

No abstract provided.


Foreword, Neil S. Siegel May 2012

Foreword, Neil S. Siegel

Law and Contemporary Problems

The articles published in this volume of Law and Contemporary Problems address the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA), either directly or indirectly. They were originally presented at a conference at Duke Law School on September 16, 2011. Entitled “The Constitutionality of the Affordable Care Act: Ideas from the Academy,” the conference was inspired by the belief that legal academics who specialize in U.S. constitutional law, health law and policy, or statutory interpretation are making distinctive contributions to the national debate over the constitutionality of the ACA. These legal academics are …


What We Fret About When We Fret About Bootstrapping, Joseph Blocher May 2012

What We Fret About When We Fret About Bootstrapping, Joseph Blocher

Law and Contemporary Problems

No abstract provided.


Bootstrapping, Stuart M. Benjamin May 2012

Bootstrapping, Stuart M. Benjamin

Law and Contemporary Problems

Virtually every action depends on some conditions precedent. Law is no exception. The common law and precedent involve reliance on earlier developments, as do more particularized phenomena like slippery slopes and path dependence. In some situations, an actor undertakes permissible action Y and thereby renders its action Z legally permissible, a phenomenon I refer to as bootstrapping. Some commentators have raised concerns about the consequences of allowing bootstrapping, notably in the context of the individual mandate in the 2010 health care act. In this article I consider whether we, as citizens, should find bootstrapping, or a particular category of bootstrapping, …


On The Difficulty Of Separating Law And Politics: Federalism And The Affordable Care Act, Bryan Leitch May 2012

On The Difficulty Of Separating Law And Politics: Federalism And The Affordable Care Act, Bryan Leitch

Law and Contemporary Problems

No abstract provided.


Political Ideology And Constitutional Decisionmaking: The Coming Example Of The Affordable Care Act , Erwin Chemerinsky May 2012

Political Ideology And Constitutional Decisionmaking: The Coming Example Of The Affordable Care Act , Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


The Uneasy Case For The Affordable Care Act, Stephen E. Sachs May 2012

The Uneasy Case For The Affordable Care Act, Stephen E. Sachs

Law and Contemporary Problems

The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This essay disagrees. While the mandate may win in the end, it won't be easy, and the arguments against it sound in law rather than politics.

Written to accompany and respond to Erwin Chemerinsky's essay in the same symposium, this essay argues that each substantive defense of the mandate is subject to doubt. While Congress could have avoided the issue by using its taxing power, it chose not to do so. …


Constitutional Mortality: Precedential Effects Of Striking The Individual Mandate , Mark A. Hall May 2012

Constitutional Mortality: Precedential Effects Of Striking The Individual Mandate , Mark A. Hall

Law and Contemporary Problems

No abstract provided.


Free Riding On Benevolence: Collective Action Federalism And The Minimum Coverage Provision, Neil S. Siegel May 2012

Free Riding On Benevolence: Collective Action Federalism And The Minimum Coverage Provision, Neil S. Siegel

Law and Contemporary Problems

Opponents of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA) argue that this “individual mandate” is beyond the scope of Congress’s commerce power because it regulates the “inactivity” of not purchasing health insurance. Defenders of the provision argue that it regulates the “activity” of participating in the interstate health care market, including by obtaining health care without paying for it. This Article argues that the distinction between inactivity and activity is irrelevant to the limits of the commerce power.

Drawing from the theory of collective action federalism that he recently articulated with Robert Cooter, the …


Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler Apr 2012

Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler

Law and Contemporary Problems

No abstract provided.


More Problems With Criminal Trials: The Limited Effectiveness Of Legal Mechanisms, Dan Simon Apr 2012

More Problems With Criminal Trials: The Limited Effectiveness Of Legal Mechanisms, Dan Simon

Law and Contemporary Problems

No abstract provided.


Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest Services Fraud, Alex Stein Apr 2012

Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest Services Fraud, Alex Stein

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 2012

Journal Staff

Law and Contemporary Problems

No abstract provided.