The Patient Protection and Affordable Care Act of 2010 (“ACA”) requires most Americans to obtain health insurance for themselves and their dependents by 2014. In a recent essay, Professor Douglas Kahn and Professor Jeffrey Kahn take issue with one of several justifications for what has...

When policymakers look to trim fat from the federal government they too often ignore half the problem: the vast and complicated set of spending programs administered by the IRS. These programs are often referred to as tax expenditures, but this paper argues that they should be viewed just like...

The United States Code (Code) is a document containing over 22 million words that represents a large and important source of Federal statutory law. Scholars and policy advocates often discuss the direction and magnitude of changes in various aspects of the Code. However, few have mathematically...

Whether the U.S. government should be allowed to claim credit for the private philanthropy of its citizens is a hot topic in today's foreign aid debate. Overlooked in this debate, however, is a form of aid that straddles the traditional public/private divide: charitable tax expenditures. Through...

This article describes how in the “Fable of the Keiretsu”, Miwa and Ramseyer (M&R) skilfully demonstrate that Ivy League academics, Nobel Prize Laureates, a Pulitzer Prize winner and almost every Japanologist has inaccurately described Japan’s postwar economy. M&R achieve this by applying...

The 2012-13 Symposium Issue of the Penn State Law Review arose out of collaboration between two sections of the Association of American Law Schools (AALS) for the Annual Meeting in January 2013. The leadership of the Section on Trusts and Estates and the Section on Aging and the Law called for...

The regained interest in the EU for public procurement as a means to stimulate innovation has prompted a debate regarding to what extent the laws regulating public procurement, in particular the EC Procurement Directives, hinder innovation. The rationale for committing to such a debate is...

The “Lemaire Act” for a Digital Republic, dated October 7, 2016, establishes two new default principles with respect to government data and public court opinions - with the enactment of the Lemaire Act this information will now by default be made public in France. The creation of this...

This is the first and only casebook geared entirely to the study of access to government, or freedom of information law, in the United States. Unlike other treatments that focus exclusively on the federal FOIA or on statutory FOI, this book takes a broader approach, recognizing that...

In the 24th Annual Frankel Lecture, Professor Orly Lobel set forth an intriguing hypothesis: that noncompete agreements, nondisclosure agreements, and other legal restrictions on employee exit and voice exacerbate the innovation gender gap. The unequal participation of women in science,...