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Full-Text Articles in Insurance Law
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
Villanova Law Review
No abstract provided.
Preventive Detention: The Lesson Of Civil Disorders, William A. Dobrovir
Preventive Detention: The Lesson Of Civil Disorders, William A. Dobrovir
Villanova Law Review
No abstract provided.
The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs
The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs
Villanova Law Review
No abstract provided.