Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States (2)
- Climatic changes (1)
- Conservation of natural resources (1)
- Constitutional law--United States. (1)
- Endangered Species Act of 1973 (1)
-
- Environmental Protection Agency (1)
- Federal government (1)
- Fraud (1)
- Health insurance (1)
- Interstate commerce--Law and legislation--United States. (1)
- Lawyers (1)
- Libertarianism (1)
- Marriage (1)
- Marriage law (1)
- Natural resources (1)
- Patient Protection and Affordable Care Act (1)
- Social justice (1)
- Sociological jurisprudence (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
Marriage Fraud, Kerry Abrams
Marriage Fraud, Kerry Abrams
Faculty Scholarship
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …
A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar
A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel
Faculty Scholarship
In this Article, the authors show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that …