The Tough Luck Constitution And The Assault On Healthcare Reform
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The Tough Luck Constitution And The Assault On Healthcare Reform
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press
Release Date : 2013-04-11
The Tough Luck Constitution And The Assault On Healthcare Reform written by Andrew Koppelman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-11 with Health & Fitness categories.
Looks at Chief Justice John Roberts' upholding of "Obamacare," and shows how his decision was based on libertarian ideals and may not be a victory, but instead a blow, to progressives.
The Tough Luck Constitution And The Assault On Health Care Reform
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Author : Andrew Koppelman
language : en
Publisher:
Release Date : 2013
The Tough Luck Constitution And The Assault On Health Care Reform written by Andrew Koppelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
The legal challenge to the Patient Protection and Affordable Care Act of 2010 (ACA), and the Supreme Court's decision to uphold the law, is possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still a divisive issue. This book suggests that the constitutional arguments against it are spurious, and it explains why. After walking readers through the 125-year modern history of Supreme Court cases dealing with the regulation of commerce, the book tackles the arguments for and against the law.
Obamacare Wars
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Author : Daniel Béland
language : en
Publisher: University Press of Kansas
Release Date : 2023-02-10
Obamacare Wars written by Daniel Béland and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with Medical categories.
Not five minutes after the Affordable Care Act (ACA) was signed into law, in March 2010, Virginia’s attorney general was suing to stop it. And yet, the ACA rolled out, in infamously bumpy fashion, and rolled on, fought and defended at every turn—despite President Obama’s claim, in 2014, that its proponents and opponents could finally “stop fighting old political battles that keep us gridlocked.” But not only would the battles not stop, as Obamacare Wars makes acutely clear, they spread from Washington, DC, to a variety of new arenas. The first thorough account of the implementation of the ACA, this book reveals the fissures the act exposed in the American federal system. Obamacare Wars shows how the law’s intergovernmental structure, which entails the participation of both the federal government and the states, has deeply shaped the politics of implementation. Focusing on the creation of insurance exchanges, the expansion of Medicaid, and execution of regulatory reforms, Daniel Béland, Philip Rocco, and Alex Waddan examine how opponents of the ACA fought back against its implementation. They also explain why opponents of the law were successful in some efforts and not in others—and not necessarily in a seemingly predictable red vs. blue pattern. Their work identifies the role of policy legacies, institutional fragmentation, and public sentiments in each instance as states grappled with new institutions, as in the case of the exchanges, or existing structures, in Medicaid and regulatory reform. Looking broadly at national trends and specifically at the experience of individual states, Obamacare Wars brings much-needed clarity to highly controversial but little-understood aspects of the Affordable Care Act’s odyssey, with implications for how we understand the future trajectory of health reform, as well as the multiple forms of federalism in American politics.
The Democratic Constitution
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Author : Neal Devins
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Democratic Constitution written by Neal Devins and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
The Democratic Constitution 2nd Edition
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Author : Neal Devins
language : en
Publisher: Oxford University Press
Release Date : 2015-09-01
The Democratic Constitution 2nd Edition written by Neal Devins and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-01 with Political Science categories.
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Uncertain Justice
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Author : Laurence Tribe
language : en
Publisher: Macmillan + ORM
Release Date : 2014-06-03
Uncertain Justice written by Laurence Tribe and has been published by Macmillan + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-03 with Political Science categories.
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
The Health Care Case
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Author : Nathaniel Persily
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-07-04
The Health Care Case written by Nathaniel Persily and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Law categories.
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
The Affordable Care Act Decision
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Author : Fritz Allhoff
language : en
Publisher: Routledge
Release Date : 2014-02-18
The Affordable Care Act Decision written by Fritz Allhoff and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-18 with Philosophy categories.
Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications.
The American Supreme Court
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Author : Robert G. McCloskey
language : en
Publisher: University of Chicago Press
Release Date : 2016-05-02
The American Supreme Court written by Robert G. McCloskey and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with History categories.
The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey’s wonderfully readable book is an essential guide to the past, present, and future prospects of this institution. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition
New England Law Review Volume 49 Number 2 Winter 2015
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Author : New England Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2015-06-17
New England Law Review Volume 49 Number 2 Winter 2015 written by New England Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-17 with Law categories.
The New England Law Review now offers its issues in convenient digital formats for e-reader devices, apps, pads, smartphones, and computers. This second issue of Volume 49 (2015) contains articles by leading figures of the legal community. Contents of this issue include: Articles: “A Reliable and Clear-Cut Determination: Is a Separate Hearing Required to Decide When Confrontation Forfeiture by Wrongdoing Applies?,” by Tim Donaldson “Constitutional Interpretation and Technological Change,” by Allen R. Kamp Notes: “Defense Witnesses Need Immunity Too: Why the Supreme Court Should Adopt the Ninth Circuit’s Approach to Defense-Witness Immunity,” by Alison M. Field “Hacktivism — Political Dissent in The Final Frontier,” by Tiffany Marie Knapp Comment: “Morrow v. Balaski: When Good Intentions Go Bad,” by Wendy L. Hansen Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.