How the Gun-Free School Zones Act Saved the Individual Mandate

Introduction
For all the drama surrounding the Commerce Clause challenge to the individual mandate [...]

Clarification Needed: Fixing the Jurisdiction and Venue Clarification Act

One hates to seem ungrateful. Judges and scholars
frequently call for Congress to fix problems in [...]



Rebel Without a Clause: The Irrelevance of Article VI to Constitutional Supremacy

With Stare Decisis
and Constitutional Text,[1] Jonathan Mitchell has produced what
I think is [...]

Toward a System of Invention Registration: The Leahy-Smith America Invents Act

 
Introduction
The recently enacted Leahy-Smith America Invents Act ("AIA") represents the [...]

The Unaffordable Health Act: A Response to Professors Bagley and Horwitz

I. Who Constitutes a Free Rider?
The so-called free-rider problem arises when a person who
is not [...]



J.D.B. v. North Carolina and the Reasonable Person

 

Introduction
This Term, the Supreme Court was presented with a prime
opportunity to [...]

J.D.B. v. North Carolina and the Reasonable Person

 
Introduction
This Term, the Supreme Court was presented with a prime
opportunity to [...]

Why It’s Called the Affordable Care Act

The Patient Protection and Affordable Care Act of 2010
("ACA") raises numerous policy and legal [...]

Unclaimed Financial Assets and the Promotion of Microfinance

 
Limited access to financial services is a significant difficulty for low- and middle-income [...]

Beating the Bluebook Blues: A Response to Judge Posner

Introduction
Judge Richard A. Posner’s recent critique (The Bluebook Blues)[1] of the maddening [...]