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Full-Text Articles in Law
Benefits Of Opt-In Federalism, The, Brendan Maher
Benefits Of Opt-In Federalism, The, Brendan Maher
Faculty Articles and Papers
The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism. Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.
Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger
Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger
Faculty Articles and Papers
Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians who are not members of the tribe. The Article examines these decisions to show that they owe less to established Indian law doctrine than to two assumptions: first, that tribal courts will be unfair to outsiders and second, that jurisdiction over outsiders has little to do with tribal self-government. It then tests these assumptions against an examination of all cases decided by the Navajo Nation appellate courts over the last thirty-five years and the history and contemporary situation of tribal legal systems. This …
Getting Away From The Federal Paradigm: Separation Of Powers In State Courts, Ellen Ash Peters
Getting Away From The Federal Paradigm: Separation Of Powers In State Courts, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.
State-Federal Judicial Relationships: A Report From The Trenches, Ellen Ash Peters
State-Federal Judicial Relationships: A Report From The Trenches, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.