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Full-Text Articles in Law
Preventing Preemption: Finding Space For States To Protect Consumers' Reputations, Elizabeth De Armond
Preventing Preemption: Finding Space For States To Protect Consumers' Reputations, Elizabeth De Armond
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The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder their economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of the citizens that they represent. Among the topics they can address are employers’ use of credit reports, the presence of criminal record information in credit reports, and the toxic effects of identity theft and medical debt on credit reports. However, the federal Fair Credit Reporting Act’s preemptive effects must be acknowledged and negotiated. This article evaluates potential state legislative efforts against the FCRA’s preemption provisions and …
Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond
Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond
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The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder their economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of the citizens that they represent. Among the topics they can address are employers’ use of credit reports, the presence of criminal record information in credit reports, and the toxic effects of identity theft and medical debt on credit reports. However, the federal Fair Credit Reporting Act’s preemptive effects must be acknowledged and negotiated. This article evaluates potential state legislative efforts against the FCRA’s preemption provisions and …
Why Broccoli? Limiting Principles And Popular Constitutionalism In The Health Care Case, Mark D. Rosen, Christopher W. Schmidt
Why Broccoli? Limiting Principles And Popular Constitutionalism In The Health Care Case, Mark D. Rosen, Christopher W. Schmidt
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Crucial to the Court’s disposition in the constitutional challenge to the Affordable Care Act (ACA) was a hypothetical mandate to purchase broccoli, which Congress never had considered and nobody thought would ever be enacted. For the five Justices who concluded the ACA exceeded Congress’s commerce power, a fatal flaw in the government’s case was its inability to offer an adequate explanation for why upholding that mandate would not entail also upholding a federal requirement that all citizens purchase broccoli. The minority insisted the broccoli mandate was distinguishable. This Article argues that the fact that all the Justices insisted on providing …
Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin
Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin
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No abstract provided.
Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr.
Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr.
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No abstract provided.