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Full-Text Articles in Law

King V. Burwell And The Chevron Doctrine: Did The Court Invite Judicial Activism?, Matthew A. Melone Jul 2015

King V. Burwell And The Chevron Doctrine: Did The Court Invite Judicial Activism?, Matthew A. Melone

Matthew A. Melone

No abstract provided.


Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone Aug 2014

Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone

Matthew A. Melone

On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc., that the requirement imposed on employer group health insurance plans to provide coverage for certain contraceptives unduly burdened the free exercise rights of three closely-held corporations in violation of the Religious Freedom Restoration Act of 1993 ( RFRA ). The contraception mandate was imposed by regulations implementing the Patient Protection and Affordable Care Act, itself a very controversial piece of legislation a part of which was upheld recently by the Court in a perhaps a case more controversial than Hobby Lobby Stores. RFRA was enacted …


Penalties For The Failure To Report Foreign Financial Accounts And The Excessive Fines Clause Of The Eighth Amendment, Matthew A. Melone Jul 2014

Penalties For The Failure To Report Foreign Financial Accounts And The Excessive Fines Clause Of The Eighth Amendment, Matthew A. Melone

Matthew A. Melone

Offshore financial accounts held by U.S. citizens or residents have been the subject of government scrutiny for some time. These accounts often are maintained by taxpayers as repositories of funds derived from illegal activities or to evade income taxes both on funds derived from legal and illegal activities. Recent high profile scandals, particularly those that involved Swiss banks, have brought heightened congressional and public attention to the nefarious use of such accounts. Particularly prominent was the scandal involving UBS and the deliberate attempts by its private banking division to aid U.S. citizens in evading income taxes. This scandal, which prompted …


Standing” On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew A. Melone Mar 2014

Standing” On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew A. Melone

Matthew A. Melone

No abstract provided.


Don’T Ask, Don’T Tell: Hollingsworth V. Perry And The Constitutional Right To Same-Sex Marriage – The Court Didn’T Tell By Denying The People The Right To Ask, Matthew A. Melone, George A. Nation Iii Jan 2014

Don’T Ask, Don’T Tell: Hollingsworth V. Perry And The Constitutional Right To Same-Sex Marriage – The Court Didn’T Tell By Denying The People The Right To Ask, Matthew A. Melone, George A. Nation Iii

Matthew A. Melone

No abstract provided.