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- Commerce Clause (3)
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- Patient Protection and Affordable Care Act (2)
- Aggrandizement (1)
- Bootstrapping (1)
- Collective action federalism (1)
- Commerce clause (1)
- Federal power (1)
- Health care reform (1)
- Health insurance (1)
- Health insurance mandates (1)
- Healthcare (1)
- Minimum coverage provision (1)
- PPACA (1)
- Patient Protection and Affordable Care Act of 2010 (1)
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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
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
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
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
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.
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
Hauerwas And The Law: Framing A Productive Conversation , Cathleen Kaveny
Law and Contemporary Problems
No abstract provided.
The Limits Of Integrity , John D. Inazu
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
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
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
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
Hauerwas, Liberalism, And Public Reason: Terms Of Engagement? , Stephen Macedo
Law and Contemporary Problems
No abstract provided.
Foreword, John D. Inazu
Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions , W. Bradley Wendel
Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions , W. Bradley Wendel
Law and Contemporary Problems
No abstract provided.
Popular Constitutionalism And The Underenforcement Problem: The Case Of The National Healthcare Law, Ernest A. Young
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
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
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
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
What We Fret About When We Fret About Bootstrapping, Joseph Blocher
Law and Contemporary Problems
No abstract provided.
Bootstrapping, Stuart M. Benjamin
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
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
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
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
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
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
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
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
Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest Services Fraud, Alex Stein
Law and Contemporary Problems
No abstract provided.