Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
"By Some Other Means": Considering The Executive Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman
"By Some Other Means": Considering The Executive Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman
Human Rights Institute
The broad realization of human rights domestically requires strong partnership among all levels of government. Indeed, international and domestic law support an important role for state and local governments in implementing the United States’ human rights treaty commitments, with the federal government retaining ultimate responsibility. While the federal government’s responsibility is clear, its options for fostering and facilitating subnational compliance have not been fully explicated. United States’ human rights treaty ratification practices and recent Supreme Court jurisprudence primarily constrain the Executive’s ability to compel state and local compliance without congressional authorization. In the absence of such congressional action, the Executive …
To Tax, To Spend, To Regulate, Gillian E. Metzger
To Tax, To Spend, To Regulate, Gillian E. Metzger
Faculty Scholarship
Two very different visions of the national government underpin the ongoing battle over the Affordable Care Act (ACA). President Obama and supporters of the ACA believe in the power of government to protect individuals through regulation and collective action. By contrast, the ACA's Republican and Tea Party opponents see expanded government as a fundamental threat to individual liberty and view the requirement that individuals purchase minimum health insurance (the so-called "individual mandate") as the conscription of the healthy to subsidize the sick. This conflict over the federal government's proper role is, of course, not new; it has played out repeatedly …