Flawed Assumptions: A Corporate Law Analysis Of Free Speech And Corporate Personhood In Citizens United,
2010
University of Georgia School of Law
Flawed Assumptions: A Corporate Law Analysis Of Free Speech And Corporate Personhood In Citizens United, Anne M. Tucker
Scholarly Works
No abstract provided.
Reconstructing The Individual Mandate As An Escrow Account,
2010
University of Georgia School of Law
Reconstructing The Individual Mandate As An Escrow Account, Gregg Polsky
Scholarly Works
This short essay in Michigan Law Review First Impressions describes how the individual mandate could be reconstructed as an escrow account. Such a restructuring would ameliorate policy concerns regarding the mandate while still deterring the opportunistic behavior that would otherwise occur as a result of the nondiscrimination rules imposed on insurers.
The Disposing Power Of The Legislature,
2010
Columbia Law School
The Disposing Power Of The Legislature, Thomas W. Merrill
Faculty Scholarship
The Constitution as we understand it includes principles that have emerged over time in a common law fashion. One such principle is the disposing power of the legislature – the understanding that only the legislature has the power to arrange, order, and distribute the power to act with the force of law among the different institutions of society. This Essay illustrates the gradual emergence of the disposing power in criminal, civil, and administrative law, and offers some reasons why it is appropriate that the legislature be given this exclusive authority. One implication of the disposing power is that another type …
Direct Voting By Property Owners,
2010
Columbia Law School
Direct Voting By Property Owners, Thomas W. Merrill
Faculty Scholarship
Direct voting by property owners is a widespread but controversial tool for resolving disputes over local collective goods. Direct voting has powerful advantages, in that it can harness the superior knowledge of many local minds, resolve controversies in a way that is perceived to be legitimate, and eliminate corrupt dealmaking. But it also has serious pitfalls, if local voters are poorly informed, or if they ignore external effects on other communities, or if the process is distorted by majoritarian or minoritarian bias. To capitalize on the advantages of local voting, and minimize the risks, this Article proposes that direct voting …
The So-Called Right To Privacy,
2010
Columbia Law School
The So-Called Right To Privacy, Jamal Greene
Faculty Scholarship
The constitutional right to privacy has been a conservative bugaboo ever since Justice Douglas introduced it into the United States Reports in Griswold v. Connecticut. Reference to the "so-called" right to privacy has become code for the view that the right is doctrinally recognized but not in fact constitutionally enshrined. This Article argues that the constitutional right to privacy is no more. The two rights most associated historically with the right to privacy are abortion and intimate sexual conduct, yet Gonzales v. Carhart and Lawrence v. Texas made clear that neither of these rights is presently justified by its …
