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Full-Text Articles in Law
Right-To-Die, Bruce Morton
A Term To Remember: The Supreme Court And The Future Of Healthcare Reform, Steven Smith
A Term To Remember: The Supreme Court And The Future Of Healthcare Reform, Steven Smith
STEVEN R SMITH
No abstract provided.
How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield
How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield
Alan E Garfield
No abstract provided.
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Lyman P. Q. Johnson
We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
David K. Millon
We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …
Chief Justice Roberts' Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory Magarian
Chief Justice Roberts' Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory Magarian
Gregory P. Magarian
After the U.S. Supreme Court in National Federation of Independent Business v. Sebelius held nearly all of the Patient Protection and Affordable Care Act constitutional, praise rained down on Chief Justice John Roberts. The Chief Justice’s lead opinion broke with his usual conservative allies on the Court by upholding the Act’s individual mandate under the Taxing Clause. Numerous academic and popular commentators have lauded the Chief Justice for his political courage and institutional pragmatism. In this essay, Professor Magarian challenges the heroic narrative surrounding the Chief Justice’s opinion. The essay contends that the opinion is, in two distinct senses, fundamentally …
Day 1: Health Law Experts Weigh In On The Supreme Court’S Review Of Federal Law, Chelsea Conaboy
Day 1: Health Law Experts Weigh In On The Supreme Court’S Review Of Federal Law, Chelsea Conaboy
Wendy E. Parmet
No abstract provided.