Social and Behavioral Sciences Commons^™

An Analysis Of Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes, Benjamin Paul

Political Science Faculty Publications

The Supreme Court’s historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program’s eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …

Adam Smith, Collusion And “Right” At The Supreme Court, David M. Levy, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

Adam Smith’s views on collusion were injected into the Supreme Court’s ruling in Bell Atlantic v. Twombly as Justice Stevens puzzled over why a collusive action might be viewed as “right.” Motivation by a desire for approbation provides Smith’s explanation for the existence of well- functioning groups. “Right” action is approved by the group. The question is what happens when the groups are in conflict. For Smith, collusion is one instance of the larger problem of faction in which a small group organizes to exploit the larger society.

Who's In Charge Of U.S. Indian Policy?: Congress And The Supreme Court At Loggerheads Over American Indian Religious Freedom, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The federal government's three branches—executive, legislative, judicial, and that unwieldy mass known simply as "the bureaucracy" have, during the last half-decade—1987-1991—produced a dizzying crop of laws, policies, proclamations, regulations, and court decisions which have served simultaneously to 1) reaffirm tribal sovereignty; 2) permit and encourage greater state interference within Indian Country; 3) enhance federal legislative authority over tribes; and 4) deny constitutional free-exercise protections both to individual Indians and to tribes.

On the legislative side, Congress has established the experimental Tribal Self-Governance Demonstration Project which is a major step towards restoring the tribal right of self-determination, and is discussing the …