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Public health problems have a political economy rooted largely in public and private laws that both reflect the distribution of power in society and shape its policy responses. In this Article, we ... stricter constraints on opioid production, distribution, and prescription. Yet these responses have been slow in coming and continue to face practical and political barriers. Although these observations do
package includes a variety of spending offsets and tax increases. Whether by accident or design, community rating strengthened the political prospects of the bill. Even when support for the bill as a whole ... the ACA originates from a place of political strength. That strength served as advocates' rhetorical base during public debateS86 and helped catalyze the bill's passage. The ACA may seem like a mishmash
economic opportunity are an illusion for most Americans. Such economic inequality magnifies and interacts with chronic crises of structural racial injustice and persisting political dysfunction. The urgency ... other entity treats you well, you remain subservient and therefore unfree. The paradigmatic manifestation of domination arises in the history of republican political philosophy around the problem of the
with seemingly limitless resources. The power to control the political dialogue of campaigns is useful to these special interests because of the resulting power that is gained in the legislative process
Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. Although these treaties are non-self-executing, I suggest that they can be marshaled in the fight ... contravenes the United States’ pledge to expand voting rights in the International Covenant on Civil and Political Rights (ICCPR) in 1992.28 Second, this practice conflicts with the country’s commitment to
For years, political scientists, historians, pundits, and casual observers have decried the degree to which campaigning politicians avoid discussions of "the issues. ... consulting appropriate legal texts and not simply exerting political will. See, e.g., H.L.A. HART, ESSAYS IN JURISPRUDENCE AND PHILOSOPHY 105-08 (1983). But the fact that some judges exercise their
Legal scholars have long recognized that the media plays a key role in assuring the proper functioning of political and business markets Yet we have understudied the role of law in assuring effective ... calculation suggests an estimated $70 million in net social benefits from the Post investigation. The evidence documenting the effects of media on business and political markets goes beyond specific case
they also depicted the new artist as someone capable of withstanding or even mastering these shocks and transforming them into instruments of political action. Appearing as they did in the newspaper
should be shared between state and federal sovereigns-retains powerful political salience. The ACA has been hotly criticized as an affront to state power. It is now settled that the ACA is constitutional ... bargain between insured and insurer). In contrast, health insurance received through Medicare and Medicaid entails a public entitlement promise made by the government for political reasons, rather than
Few recently passed laws have attracted as much attention as the Bipartisan Campaign Reform Act of 2002 (BCRA), which banned soft money contributions to political candidates and prohibited corporate ... referring to a clearly identified candidate for federal office, issued within sixty days of an election-and all advertising by political committees, must also follow these disclosure requirements.3 Second
the history of landmark Supreme Court decisions that pushed back against the power of the political branches and advanced the judiciary's institutional position. In this familiar story, the judiciary ... Councils Reform and JudicialConduct and DisabilityAct of 1980, 131 U. PA. L. REV. 283 (1982) [hereinafter Burbank, ProceduralRulemaking]. they have largely neglected the broader political significance of
A colony is "a territory, subordinate in various ways-political, cultural, or economic-to a more developed country. Supreme legislative power and much of the administration rest[s] with the ... of "colony" previously provided, will also explore the political, economic and cultural manifestations that result from-and provide evidence of-the colonial relationship between the United States and
political institutions cannot function properly without it. ... conditioned on security, privacy, and other considerations. But without it, citizens are deprived of a meaningful role in the political process, and the exercise of authority is insulated from public oversight
Affirmative action policy is even more divisive and unsettled today than at its inception more than thirty years ago. This is a remarkable socio-political fact. I know of no other public policy since ... is a possible exception, but there are some important differences. Roe's foundation is judicial, not political. Roe, decided in 1973, has not been in place quite as long as affirmative action. Public
Terrorism Prevention Act of 2004, the political compromise resulting from the nation's post-September 11 intelligence soul searching, has fundamentally transformed the U.S. intelligence bureaucracy. Yet the ... midst of its most radical overhaul since the formation of the modem intelligence community following World War II. The Intelligence Reform and Terrorism Prevention Act of 2004,1 the political compromise
advancement more difficult. The risks of partial measures are particularly important in politics. Policymakers are constantly faced with the dilemma of whether to spend political capital on an ambitious ... domestic politics-in the regulating state and in other states-and shapes stakeholders' interests in pursuing a comprehensive global solution. This Article identifies four dynamic political mechanisms that
, thus, harder political decisions. Even more urgent, then, becomes the need to ensure those decisions are transparent and accountable. Only then will administrative decision- making be legitimate. ... of administrative government must satisfy the competing expectation of discretion, on the one hand, and political accountability and the rule of law on the other."). See generally Richard B. Stewart
The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly's nuanced and complex arguments, the ... its political goals through peaceful means. 59 The Humanitarian Law Project argued that the statute criminalized mere speech. The Court agreed that the statute might have the effect of criminalizing
protections for political and civil justice. At most, that narrative supports constitutional protections against economic inequality as narrow exceptions subject to careful scrutiny and constraint. ... limit political branches' discretion to promote equality.3 * Professor of Law and William J. Magavern Fellow, University at Buffalo, State University of New York, . This Essay was presented at the
The immediate aftermath of the September 11, 2001 terrorist attacks was a time of intense national mourning which upended the normal political process. Less than two weeks after. the collapse of the ... negotiated and finalized, achieving a balance of conflicting political interests and ultimately producing the September 11th Victim Compensation Fund.3 3 Given the pressure to act quickly, the committee
