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10.20.09

More on Taxation

By Tim Jost

The 1502 page legislative language of the Senate Finance bill became available yesterday on the Senate Finance Committee website. One of the many legal issues raised by this legislation relates to my October 8 post on the constitutionality of taxation. As you may recall, the Constitution requires that “Duties, Imposts and Excises,” generally called indirect […]

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10.20.09

Federalism and Health Reform: An Interview with Alan Weil

By Lester Feder

Alan Weil is the executive director of the National Academy for State Health Policy. The O’Neill Institute’s Lester Feder spoke with him about federalism and health reform on October 15. Alan Weil: I’m very interested in the federalism aspect. Federalism is sort of a meta-issue, in the sense that the question of the allocation of […]

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10.16.09

Legal Issues in Health Reform Symposium

By Sara Hoverter

Please join the O’Neill Institute for our symposium, “State of the Debate: Legal Issues in Health Reform,” on October 26, 2009. “Legal Solutions in Health Reform” is a project of the O’Neill Institute for National and Global Health Law at Georgetown University and funded by the Robert Wood Johnson Foundation.  The project, an extensive analysis […]

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10.14.09

More on Takings

By Tim Jost

The individual mandate is not the only provision of the proposed health care reform legislation to raise takings clause issues. All of the bills currently marked up by the jurisdictional House and Senate committees include provision for the establishment of “exchanges” (called “gateways” in the Senate Health, Education, Labor, and Pensions (HELP) Committee bill), which […]

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10.14.09

“Taking” Legal and Economic Liberties, Seriously?

By Mark Hall

Constitutional opposition to an individual mandate is usually argued in terms of lack of federal power, but the real motivation is the feeling that a mandate violates individual rights. Opponents would be no less exorcised if a mandate came from the States, which generally have plenary authority over social and economic matters. What basis might […]

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10.13.09

ERISA Preemption and Health Reform: Should the Department of Justice Switch Sides?

By Peter Jacobson

In my article on ERISA preemption for the O’Neill Institute’s Legal Solutions in Health Reform, I argued that pay-or-play initiatives, such as those enacted in Maryland, San Francisco, and Massachusetts, are vulnerable to an ERISA preemption challenge.  Two Circuit Court opinions present the issue directly.  The 4th Circuit overturned the Maryland law based on ERISA […]

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10.08.09

Is it a Tax? Is it Constitutional?

By Tim Jost

By far the most controversial provision of the health care reform legislation pending in Congress from a constitutional perspective has been the individual mandate. The primary controversy has concerned the issue, which we addressed two weeks ago, of whether the commerce clause authorizes Congress to impose an individual mandate. A different constitutional issue, however, was […]

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10.06.09

Can Tort Reform Bend the Cost Curve?

By Nora Connors

On October 6, 2009, the O’Neill Institute hosted a panel on “Medical Malpractice and Health Care Costs: Can Tort Reform Bend the Curve?” to discuss the likely impact of proposed tort reforms on medical mistakes, malpractice system costs, and overall health spending, and why politicians and the press don’t always pay attention to the existing […]

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10.05.09

Professor Clark Havighurst Responds to Proposal Amending Health Insurance Antitrust Laws

By Nora Connors

Recently, Members of Congress have introduced legislation to change the antitrust laws as they relate to health insurance. (See: Modern Healthcare of September 18; free registration is required to view). Some have discussed including such legislation as part of comprehensive health reform. Clark Havighurst of Duke University Law School is the godfather of the field […]

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The views reflected in this expert column are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.

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