Published biannually, the Yale Journal on Regulation's print volumes regularly include Articles, Features, Notes, and Comments. JREG Online, the Journal's online companion, includes original Articles by both professors and students, expansions on and responses to print articles, the Journal's Blog Notice & Comment, and general information about the Journal.
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...
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...
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