1567
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
Virginia V. Sebelius - U.S. Brief For Appellant,
2011
Santa Clara Law
Virginia V. Sebelius - U.S. Brief For Appellant, U.S. Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Seven-Sky V. Holder - District Court Opinion,
2011
Santa Clara Law
Seven-Sky V. Holder - District Court Opinion, United States District Court For The District Of Columbia
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Liberty University V. Geithner - U.S. Brief For Appellees,
2011
Secretary of the Treasury
Liberty University V. Geithner - U.S. Brief For Appellees, Timothy Geithner
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Virginia's Petition For Writ Of Certiorari,
2011
Santa Clara Law
Virginia V. Sebelius - Virginia's Petition For Writ Of Certiorari, Commonwealth Of Virginia
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Baldwin V. Sebelius - Appellants' Petition For En Banc Review,
2011
Pacific Justice Institute
Baldwin V. Sebelius - Appellants' Petition For En Banc Review, Steve Baldwin
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - American Association Of People With Disabilities Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Federal Health Care Reform: What’S Happening And Where Are We Going?,
2011
University at Buffalo School of Law
Federal Health Care Reform: What’S Happening And Where Are We Going?, Anthony H. Szczygiel
Other Scholarship
No abstract provided.
Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes,
2011
Dalhousie University - Schulich School of Law
Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes, Victoria Smith Apold, Jocelyn Downie
Articles, Book Chapters, & Popular Press
One of the phenomena associated with research is “incidental findings,” that is, unexpected findings made during the research, and outside the scope of the research, which have potential health importance. One underappreciated risk of incidental findings is the potential loss of the research subject's insurability; or if a research subject fails to disclose incidental findings when applying for insurance, the insurance contract may be voidable by the insurer. In this article, we seek to explain the insurability risks associated with incidental findings and to make recommendations for how researchers and research ethics committees should address the issue of disclosure of …
Virginia V. Sebelius - Scheduling Order,
2011
Santa Clara Law
Virginia V. Sebelius - Scheduling Order, United States Court Of Appeals For The Fourth Circuit
Patient Protection and Affordable Care Act Litigation
No abstract provided.
New Jersey Physicians V. President Of The United States - Appellants' Brief,
2011
Santa Clara Law
New Jersey Physicians V. President Of The United States - Appellants' Brief, New Jersey Physicians
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Oklahoma V. Sebelius - Original Complaint,
2011
Santa Clara Law
Oklahoma V. Sebelius - Original Complaint, State Of Oklahoma
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Can Congress Make You Buy Broccoli? And Why That's A Hard Question,
2011
Boston University School of Law
Can Congress Make You Buy Broccoli? And Why That's A Hard Question, Wendy K. Mariner, George J. Annas, Leonard H. Glantz
Faculty Scholarship
The continuing uncertainty over the constitutionality of the Affordable Care Act (ACA), illustrated by conflicting trial court rulings and scholarly commentaries, raises the question of why this constitutional question is so hard to answer. There are at least four reasons.
Liberty University V. Geithner - Brief For Appellants,
2011
Santa Clara Law
Liberty University V. Geithner - Brief For Appellants, Liberty University
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Pruitt V. Sebelius - U.S. Reply In Support Of Motion To Dismiss,
2011
Santa Clara Law
Pruitt V. Sebelius - U.S. Reply In Support Of Motion To Dismiss, United States Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Pruitt V. Sebelius - Plaintiffs' Memorandum In Opposition To Motion To Dismiss,
2011
Office of the Attorney General of the State of Oklahoma
Pruitt V. Sebelius - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, E. Scott Pruitt
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - Plaintiffs' Supplemental Brief In Opposition To Motion To Dismiss,
2011
Santa Clara Law
Goudy-Bachman V. Hhs - Plaintiffs' Supplemental Brief In Opposition To Motion To Dismiss, Barbara Goudy-Bachman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
The Schizophrenia Of Physician Extender Utilization,
2011
Third Millenium Consultants
The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean
Annals of Health Law and Life Sciences
The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate …
Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss,
2011
Santa Clara Law
Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss, Barbara Goudy-Bachman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Winter 2011,
2011
University of Maryland Francis King Carey School of Law
Mid-Atlantic Ethics Committee Newsletter, Winter 2011
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
