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Full-Text Articles in Law
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Scholarly Publications
No abstract provided.
Health Care Cost Containment: No Longer An Option But A Mandate, Susan Adler Channick
Health Care Cost Containment: No Longer An Option But A Mandate, Susan Adler Channick
Nevada Law Journal
No abstract provided.
Cost Control And The Affordable Care Act: Cramping Our Health Care Appetite, Barry R. Furrow
Cost Control And The Affordable Care Act: Cramping Our Health Care Appetite, Barry R. Furrow
Nevada Law Journal
No abstract provided.
Death Panels And The Rhetoric Of Rationing, Elizabeth Weeks Leonard
Death Panels And The Rhetoric Of Rationing, Elizabeth Weeks Leonard
Nevada Law Journal
No abstract provided.
Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino
Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino
Nevada Law Journal
No abstract provided.
Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher
Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher
Scholarly Works
With its opinion on the constitutionality of the Affordable Care Act (ACA), the U.S. Supreme Court sparked much discussion regarding the implications of the case for other federal statutes. In particular, scholars have debated the significance of the Court's recognition of an anticoercion limit to the Spending Clause power.
When it recognized an anticoercion limit for the ACA's Medicaid expansion, the Court left considerable uncertainty as to the parameters of that limit. This essay sketches out one valuable and very plausible interpretation of the Court's new anticoercion principle. It also indicates how this new principle can address a long-standing problem …
The Anti-Leveraging Principle And The Spending Clause After Nfib, Samuel R. Bagenstos
The Anti-Leveraging Principle And The Spending Clause After Nfib, Samuel R. Bagenstos
Articles
This Article offers an initial assessment of the Supreme Court’s Spending Clause holding in National Federation of Independent Business v. Sebelius (NFIB), which addressed the constitutional challenge to the Affordable Care Act. As Justice Ginsburg pointed out, NFIB marks “the first time ever” that the Court has held that a spending condition unconstitutionally coerced the states. The implications of that holding are potentially massive, and some of the language in the decision, if read broadly, would seriously threaten the constitutionality of a broad swath of federal spending legislation. Notwithstanding some of the Court’s language, this Article contends that the case …