The debate over how to tame private medical spending tends to pit advocates of government-provided insurance — a single-payer scheme — against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry...

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...

Notwithstanding its obvious importance, Medicare is almost invisible in the legal literature. Part of the reason is that administrative law scholars typically train their attention on the sources of external control over agencies’ exercise of the vast discretion that Congress so often...

A few years before the subprime mortgage market collapsed, several states began to notice a dramatic increase in the rate of foreclosures among many of their most vulnerable citizens. Attributing the increase to predatory lending, these states enacted a new type of fair lending law that, for the...

Born out of a Reagan-era desire to minimize regulatory costs, and not fundamentally reconsidered since its inception, the centralized review of agency rulemakings has arguably become the most important institutional feature of the regulatory state. Yet it is a puzzling feature: Although...