As prosecutors have increasingly invoked asset forfeiture laws in their war against crime, scholars have harshly criticized the use of forfeiture laws to seize attorneys' fees. In cases in which attorneys' fees are seized, prosecutors claim that defendants are paying their lawyers with the...

The National Football League (NFL) has come under sharp criticism for its approach to the problem of concussion, and many former players have filed a lawsuit against the league.In reviewing the response of NFL to concussion, one can easily think that the league was too slow to worry about the...

Like Congress and other deliberative bodies, the Supreme Court decides its cases by majority vote. If at least five out of the nine justices come to an agreement, their view prevails. But why is that the case? Majority voting for the Court is not spelled out in the Constitution, a federal...

As the gap between the need for organ transplants and the supply of organs has increasingly widened, many scholars have urged the adoption of presumed consent to organ donation. Under a presumed consent regime, the state would assume that a person agreed to organ donation after death unless the...

While health care cost inflation slowed during the past few years, it has started to pick up again, and policy makers have good cause for concern about future increases in health care spending. Moreover, even if future increases moderate, policy makers rightly worry about the already high levels...

Although international covenants have long recognized a fundamental right to health care, and other countries provide health care coverage for all of their citizens, rights to health care in the United States have been adopted only grudgingly, and in a manner that is inherently unstable. While a...

Historically, government has been given more leeway when invoking its interests in safeguarding the public health than when asserting other state interests. For example, when considering a constitutional challenge to mandatory small pox immunization in Jacobson v. Massachusetts, the Supreme...

Critics of the individual mandate to purchase health care insurance make a simple but seemingly compelling argument. If the federal government can require people to buy insurance because that would be good for their health, then the government can require people to buy all sorts of things that...

Richard Epstein, in his book Mortal Peril, supports euthanasia and assisted suicide and rejects the distinction between them and withdrawal of treatment. In this essay, Professor Orentlicher argues that Epstein is correct in finding no meaningful moral distinction between euthanasia and...