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| Author | : Andrew Koppelman |
| Publisher | : Oxford University Press |
| Total Pages | : 195 |
| Release | : 2013-04-11 |
| Genre | : Health & Fitness |
| ISBN | : 0199970025 |
Looks at Chief Justice John Roberts' upholding of "Obamacare," and shows how his decision was based on libertarian ideals and may not be a victory, but instead a blow, to progressives.
| Author | : Andrew Koppelman |
| Publisher | : |
| Total Pages | : 182 |
| Release | : 2013 |
| Genre | : Constitutional law |
| ISBN | : 9780190260187 |
The legal challenge to the Patient Protection and Affordable Care Act of 2010 (ACA), and the Supreme Court's decision to uphold the law, is possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still a divisive issue. This book suggests that the constitutional arguments against it are spurious, and it explains why. After walking readers through the 125-year modern history of Supreme Court cases dealing with the regulation of commerce, the book tackles the arguments for and against the law.
| Author | : Wendy Pearlman |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2011-10-24 |
| Genre | : Political Science |
| ISBN | : 1139503057 |
Why do some national movements use violent protest and others nonviolent protest? Wendy Pearlman shows that much of the answer lies inside movements themselves. Nonviolent protest requires coordination and restraint, which only a cohesive movement can provide. When, by contrast, a movement is fragmented, factional competition generates new incentives for violence and authority structures are too weak to constrain escalation. Pearlman reveals these patterns across one hundred years in the Palestinian national movement, with comparisons to South Africa and Northern Ireland. To those who ask why there is no Palestinian Gandhi, Pearlman demonstrates that nonviolence is not simply a matter of leadership. Nor is violence attributable only to religion, emotions or stark instrumentality. Instead, a movement's organizational structure mediates the strategies that it employs. By taking readers on a journey from civil disobedience to suicide bombings, this book offers fresh insight into the dynamics of conflict and mobilization.
| Author | : Andrew Koppelman |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 215 |
| Release | : 2020-06-02 |
| Genre | : Law |
| ISBN | : 0197500986 |
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
| Author | : Laurence Tribe |
| Publisher | : Macmillan + ORM |
| Total Pages | : 420 |
| Release | : 2014-06-03 |
| Genre | : Political Science |
| ISBN | : 0805099131 |
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
| Author | : Daniel Béland |
| Publisher | : University Press of Kansas |
| Total Pages | : 248 |
| Release | : 2023-02-10 |
| Genre | : Medical |
| ISBN | : 0700635076 |
Not five minutes after the Affordable Care Act (ACA) was signed into law, in March 2010, Virginia’s attorney general was suing to stop it. And yet, the ACA rolled out, in infamously bumpy fashion, and rolled on, fought and defended at every turn—despite President Obama’s claim, in 2014, that its proponents and opponents could finally “stop fighting old political battles that keep us gridlocked.” But not only would the battles not stop, as Obamacare Wars makes acutely clear, they spread from Washington, DC, to a variety of new arenas. The first thorough account of the implementation of the ACA, this book reveals the fissures the act exposed in the American federal system. Obamacare Wars shows how the law’s intergovernmental structure, which entails the participation of both the federal government and the states, has deeply shaped the politics of implementation. Focusing on the creation of insurance exchanges, the expansion of Medicaid, and execution of regulatory reforms, Daniel Béland, Philip Rocco, and Alex Waddan examine how opponents of the ACA fought back against its implementation. They also explain why opponents of the law were successful in some efforts and not in others—and not necessarily in a seemingly predictable red vs. blue pattern. Their work identifies the role of policy legacies, institutional fragmentation, and public sentiments in each instance as states grappled with new institutions, as in the case of the exchanges, or existing structures, in Medicaid and regulatory reform. Looking broadly at national trends and specifically at the experience of individual states, Obamacare Wars brings much-needed clarity to highly controversial but little-understood aspects of the Affordable Care Act’s odyssey, with implications for how we understand the future trajectory of health reform, as well as the multiple forms of federalism in American politics.
| Author | : Nathaniel Persily |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2013-05-15 |
| Genre | : Law |
| ISBN | : 0199301077 |
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. Like the legislative battle leading to adoption of "Obamacare", the litigation took many unexpected twists and turns, culminating in a surprising, fractured and confusing decision from the Supreme Court. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
| Author | : Christopher P. Banks |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 409 |
| Release | : 2017-01-26 |
| Genre | : Political Science |
| ISBN | : |
How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.
| Author | : Josh Blackman |
| Publisher | : Cambridge University Press |
| Total Pages | : 607 |
| Release | : 2016-09-26 |
| Genre | : Law |
| ISBN | : 1316739643 |
Six years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.
| Author | : Fritz Allhoff |
| Publisher | : Routledge |
| Total Pages | : 372 |
| Release | : 2014-02-18 |
| Genre | : Philosophy |
| ISBN | : 1134641087 |
Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications.
