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

On Timing and King, by Nicholas Bagley
JREG Notice and Comment - Friday, May 29, 2015

Since I’ve received a number of questions recently about the timing of King v. Burwell and its aftermath, I thought it was worth addressing them all in one place.   Read more...

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...

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