Legal Limits and the Implementation of the Affordable Care Act
Six years after its enactment and two years after the full implementation of the Affordable Care Act, now is an… Continue reading →
Search results for: “Article”
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The Protean Take Care Clause
In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →
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Unconstitutional Conditions and the Constitutional Text
Federal and state actors sometimes condition access to benefits that they are constitutionally permitted but not obligated to provide on… Continue reading →
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Freedom of Information Beyond the Freedom of Information Act
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model… Continue reading →
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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Systemic Failure to Appear in Court
This Article aims to reorient the conversation around “failure-to-appear” (FTA) in criminal court. Recent policy and scholarship have addressed FTA… Continue reading →
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Central Bank Digital Currency as New Public Money
Most people use money—the cash in their wallets or deposits in a bank account—more or less every day. But there… Continue reading →
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Annoy No Cop
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct… Continue reading →
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Race in Contract Law
Modern contract law is rife with ideas about race and slavery and cases involving African Americans, but that presence is… Continue reading →
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The Jurisprudence of Dignity
Few words play a more central role in modern constitutional law without appearing in the Constitution than “dignity.” The term… Continue reading →