Yale Journal on

Regulation

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A Journal of the Yale Law School

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Abstracts

Latest Post on Notice & Comment

Is block granting Medicaid unconstitutional?, by Nicholas Bagley
JREG Notice and Comment - Wednesday, May 27, 2015

Sara Rosenbaum and Tim Westmoreland have an interesting new piece out at the New England Journal of Medicine on the Patient CARE Act, a Republican proposal to transform Medicaid into a block grant program (among other things). Not only is the Patient CARE Act bad policy, they argue, but the move to block granting could unconstitutionally coerce the states:   Read more...

Chevron vs. The World, by Andy Grewal
JREG Notice and Comment - Wednesday, May 27, 2015

In Validus Reinsurance Ltd. v. United States, the D.C. Circuit addressed the potential conflict between Chevron and the presumption against the extraterritorial application of statutes. In that case, a foreign company, Validus, reinsured other insurance companies’ policies. Validus then sought protection for its own reinsurance risks, and it purchased reinsurance from other foreign companies. The D.C. Circuit was asked to address whether excise taxes applied to these reinsurance transactions between two foreign companies.   Read more...

Introducing Guest Blogger Philip Wallach, Author of New Book on Law and the Financial Crisis, by Peter Conti-Brown
JREG Notice and Comment - Wednesday, May 27, 2015

It’s my pleasure to introduce guest blogger Philip Wallach, a Fellow in Governance Studies at the Brookings Institution. Philip is the rather rare political scientist who doesn’t take an extreme view of law, neither as politics by another means nor as a black box of binding but indiscernible rules. He is the author of an excellent new book, To The Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis. I’ll provide a very brief review/overview, raise some questions for Philip to consider as he’d prefer, and then turn it over to him for the next two weeks.
  Read more...

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