Congress’s Constitution
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
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Prison Vouchers
School vouchers have been proposed as a way to bypass the political pathologies of school reform and improve school quality… Continue reading →
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When 10 Trials Are Better than 1000: An Evidentiary Perspective on Trial Sampling
In many mass tort cases, individual trials are simply impractical. Take, for example, Wal-Mart Stores, Inc. v. Dukes, a class… Continue reading →
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Triaging Appointed-Counsel Funding and Pro Se Access to Justice
If appointing some lawyers is good, then appointing more lawyers must be better. At least that seems to be the… Continue reading →
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Health Reform and Public Health: Will Good Policies but Bad Politics Combine to Produce Bad Policy?
The enactment of the Patient Protection and Affordable Care Act (PPACA) was an incomplete victory and will remain so even… Continue reading →
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Of Stars and Proper Alignment: Scanning the Heavens for the Future of Health care Reform
On March 23, 2010, the United States took a giant step toward achieving universal health care, an elusive goal it… Continue reading →
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Brand New Law! The Need to Market Health Care Reform
The most serious problem with the Patient Protection and Affordable Care Act (PPACA) is not its contents but its packaging.… Continue reading →
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Health Care Reform’s Wild Card: The Uncertain Effectiveness of Comparative Effectiveness Research
Comparative effectiveness research (CER) stands out as the intriguing wild card of health care reform. CER compares competing treatments against… Continue reading →
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The Political Economy of Fraud on the Market
The fraud-on-the-market class action no longer enjoys much academic support. The justifications traditionally advanced by its defenders—compensation for out-of-pocket loss… Continue reading →
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Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act
The Affordable Care Act embodies a new social contract of health care solidarity through private ownership, markets, choice, and individual… Continue reading →