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Full-Text Articles in Law
Not The Power To Destroy: An Effects Theory Of The Tax Power, Neil S. Siegel, Robert D. Cooter
Not The Power To Destroy: An Effects Theory Of The Tax Power, Neil S. Siegel, Robert D. Cooter
Faculty Scholarship
The Supreme Court’s “new federalism” decisions impose modest limits on the regulatory authority of Congress under the Commerce Clause. According to those decisions, the Commerce Clause empowers Congress to use penalties to regulate interstate commerce, but not to regulate noncommercial conduct. What prevents Congress from penalizing non-commercial conduct by calling a penalty a tax and invoking the Taxing Clause? The only obstacle is the distinction between a penalty and a tax for purposes of Article I, Section 8. In National Federation of Independent Business v. Sebelius (NFIB), the Court considered whether the minimum coverage provision in the Patient …
Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles
Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.