In Florida v. HHS, a lawsuit brought on behalf of 26 states challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA), the Supreme Court will determine the future direction of health care reform in the United States. During the unprecedented 5-1/2 hours of oral...

This article elaborates upon ideas contributed to a symposium considering the possible shape of an Asia Pacific Community, including future trade arrangements within an Asia Pacific Community. It suggests some innovations in dispute settlement that could be considered for inclusion in such...

This chapter examines a proposal to recast Australia’s federal discrimination laws by doing away with the current fragmented approach by which there are separate legislative regimes responding to sex, race, age and disability discrimination and instead replace them with a combined “Equality...

Gary Lawson & David Kopel’s Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law,...

The NCAA maintains a balance between amateurism and the increasing need for generating revenue. In this balancing act, there are various policy considerations and legal constraints. These legal and policy entanglements bore such class action suits as Keller v. Electronic Arts, National...

More than 350 years ago, the English legal scholar John Selden complained that the chancery’s jurisdiction in equity depends on a variable standard that might as well be based on the length of the “Chancellor’s foot.” The “Chancellor’s foot” has since become proverbial shorthand...

In the book, some 25 authors report on the implementation of the ECHR in their respective countries, including questions of ratification and implementation in law, awareness by legal professionals, inclusion in the curricula of law schools, practice of the courts, cases brought to Strasbourg,...

La version en anglais de ce document est disponible ici : http://ssrn.com/abstract=1963155 The effective development of mutual trust requires a solid foundation. Asserting such trust a priori could compromise relationships between different States rather than accelerating the process of...

Capabilities concern freedom and human dignity. A capability marks out an ability to do or be. If I possess a capability, then I have the ability to do an action (obtain food, speak freely, etc.) or to become a certain kind of person (self-directing, etc.). A capability is different from actual...

Many things can change between the drafting of a will and the death of a testator. One increasingly common event is that testators require specialist aged care and their only substantial asset – the family home – is sold to fund that care. These arrangements can have an unexpected impact on...