Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (2)
- Social and Behavioral Sciences (2)
- American Politics (1)
- Arts and Humanities (1)
- Constitutional Law (1)
-
- Defense and Security Studies (1)
- Environmental Law (1)
- Environmental Policy (1)
- First Amendment (1)
- Health Law and Policy (1)
- History (1)
- History of Religion (1)
- Legal History (1)
- Political Science (1)
- President/Executive Department (1)
- Public Affairs, Public Policy and Public Administration (1)
- Religion Law (1)
- Supreme Court of the United States (1)
- United States History (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Delegating Climate Authorities, Mark P. Nevitt
Delegating Climate Authorities, Mark P. Nevitt
Faculty Articles
The science is clear: the United States and the world must take dramatic action to address climate change or face irreversible, catastrophic planetary harm. Within the U.S.—the world’s largest historic emitter of greenhouse gas emissions—this will require passing new legislation or turning to existing statutes and authorities to address the climate crisis. Doing so implicates existing and prospective delegations of legislative authority to a large swath of administrative agencies. Yet congressional climate decision-making delegations to any executive branch agency must not dismiss the newly resurgent nondelegation doctrine. Described by some scholars as the “most dangerous idea in American law,” the …
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Faculty Articles
This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …
Medicare "Bankruptcy", Matthew B. Lawrence
Medicare "Bankruptcy", Matthew B. Lawrence
Faculty Articles
Medicare, the social insurance program for the elderly and disabled, is once again facing insolvency. Spending from the program’s hospital insurance trust fund is predicted to exceed the accumulated payroll taxes and other revenues that support the fund within the next five years, leaving Medicare unable to honor some of its obligations. Yet, what happens if and when Medicare becomes insolvent has not previously been explored in legal scholarship and is not addressed in statute or regulation. This Article confronts for the first time the major legal questions that Medicare insolvency would present. It explains what policymakers could do to …