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If appointing some lawyers is good, then appointing more lawyers must be better. At least that seems to be the… Continue reading →

The enactment of the Patient Protection and Affordable Care Act (PPACA) was an incomplete victory and will remain so even… Continue reading →

On March 23, 2010, the United States took a giant step toward achieving universal health care, an elusive goal it… Continue reading →

The most serious problem with the Patient Protection and Affordable Care Act (PPACA) is not its contents but its packaging.… Continue reading →

Comparative effectiveness research (CER) stands out as the intriguing wild card of health care reform. CER compares competing treatments against… Continue reading →

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 →

The Affordable Care Act embodies a new social contract of health care solidarity through private ownership, markets, choice, and individual… Continue reading →

Few words play a more central role in modern constitutional law without appearing in the Constitution than “dignity.” The term… Continue reading →

People who are politically “conservative” or “libertarian” in the way those terms are often deployed in contemporary American public discourse… Continue reading →

The U.S. Supreme Court—thanks to various statutes passed by Congress beginning in 1891 and culminating in 1988—currently enjoys nearly unfettered… Continue reading →