Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

It’s Time To Take Responsibility, Senators

7/26/17  //  Commentary

This might well be Senators' final vote – they should act like it, and own the consequences.

Rachel Sachs

Washington University Law School

Due Process of Lawmaking and the Obamacare Repeal

7/25/17  //  Commentary

By Abbe Gluck: This is repeal for repeal’s sake. It’s not about policy. It’s all about politics. And of course, it’s also about human lives.

Take Care

Arbitration Can Obscure Safety Problems in Nursing Homes

7/24/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

How to Destabilize Insurance Markets Without Really Trying

7/18/17  //  In-Depth Analysis

The health care sharing ministry amendment is just one example of a seemingly innocuous provision that could have significant effects overall. Senators should pay attention.

Rachel Sachs

Washington University Law School

Disability Advocates Challenge Medicaid Cuts

7/14/17  //  Commentary

Hundreds of people in wheelchairs, with walkers, and using ventilators protested in Senators’ offices and RNC offices across the country. Many traveled far from their homes, suffered blazing temperatures, and were denied access to bathrooms and elevators, to make their voices heard. And Senators and RNC staff refused to meet them, had them forcibly ejected, and called police to arrest them.

Eve Hill

Brown Goldstein & Levy

An Airtight Opinion on Fugitive Emissions

7/12/17  //  Commentary

A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.

Zachary Price

U.C. Hastings College of the Law

The Research on Malpractice and Nursing Homes

7/11/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

Nursing Homes, Mandatory Arbitration, and Administrative Law

7/5/17  //  Commentary

The Trump Administration has quietly retreated from (and sought to undo) an effort by the Centers for Medicare and Medicaid Services to push back on mandatory arbitration.

Nick Bagley

University of Michigan Law School

The Republicans’ Uncertainty Strategy

6/29/17  //  Commentary

Thoughts on the consequences of the Republicans’ strategy to sabotage the Affordable Care Act.

Nick Bagley

University of Michigan Law School

The Department of Education’s Troubling Opacity on Sexual Harassment

6/28/17  //  In-Depth Analysis

Alexandra Brodsky on how the Department of Education has retreated from civil rights enforcement and hid behind unlawful opacity.

Take Care

From Big Waiver to Waiver Unlimited

6/26/17  //  Quick Reactions

Perhaps the biggest concern with BCRA is that state waivers could degrade the financial protections available for employer-sponsored coverage

Nick Bagley

University of Michigan Law School

An Open Letter to Sen. Ben Sasse

6/21/17  //  Latest Developments

I recently wrote an open letter to Senator Ben Sasse regarding the American Health Care Act. Here's the conclusion.

Richard Primus

University of Michigan Law School

Congressional Standing Is Not an All-or-Nothing Proposition

6/19/17  //  Commentary

It is perfectly consistent to think the House lacks standing in House v. Price, but that members of Congress have standing to sue for Foreign Emoluments Clause violations.

Brianne J. Gorod

Constitutional Accountability Center

It’s Long Past Time to Take a Harder Look: The Latest in the DAPL Litigation

6/19/17  //  Quick Reactions

An important ruling against the Trump Administration's position on the Dakota Access Pipeline (DAPL).

Seth Davis

U.C. Irvine School of Law