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 →
2011
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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 →
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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 →
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The Individual Mandate, Sovereignty, and the Ends of Good Government: A Reply to Professor Randy Barnett
People who are politically “conservative” or “libertarian” in the way those terms are often deployed in contemporary American public discourse… Continue reading →
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Constraining Certiorari Using Administrative Law Principles
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 →
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From Health Care Law to the Social Determinants of Health: A Public Health Law Research Perspective
Research over the past three decades has demonstrated that population health is shaped powerfully by “[t]he contexts in which people… Continue reading →
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Subsidizing Fat: How the 2012 Farm Bill Can Address America’s Obesity Epidemic
On a bus in West Philadelphia, a woman feeds her baby an artificial orange beverage from his bottle. The drink… Continue reading →
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Regulating Patient Safety: The Patient Protection and Affordable Care Act
Patient injury is a predictable feature of health care, particularly in hospitals, in the United States and elsewhere. Since publication… Continue reading →
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Exempt Executives? Dollar General Store Managers’ Embattled Quest for Overtime Pay Under the Fair Labor Standards Act
Beginning in the early 1980s, and continuing for nearly three decades, federal circuit courts unanimously found retail store managers exempt… Continue reading →
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Restoring Health to Health Reform: Integrating Medicine and Public Health to Advance the Population’s Well-Being
It is hard to overstate the intense political and media attention given to health care. New medical discoveries and technologies… Continue reading →