Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Obamacare And Federalism's Tug Of War Within, Erin Ryan
Obamacare And Federalism's Tug Of War Within, Erin Ryan
Erin Ryan
This month, the Supreme Court will decide what some believe will be among the most important cases in the history of the institution. In the “Obamacare” cases, the Court considers whether the Affordable Care Act (“ACA”) exceeds the boundaries of federal authority under the various provisions of the Constitution that establish the relationship between local and national governance. Its response will determine the fate of Congress’s efforts to grapple with the nation’s health care crisis, and perhaps other legislative responses to wicked regulatory problems like climate governance or education policy. Whichever way the gavel falls, the decisions will likely impact …
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.
Exclusionary Zoning Enforcement: Passe Or Alive And Kicking?, Tim Iglesias
Exclusionary Zoning Enforcement: Passe Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This newsletter article analyzes four recent exclusionary zoning cases in which courts ruled against the government. Based upon the analysis, it offers recommendations to local governments on avoiding exclusionary zoning liability.