News Entry

Julie Wang, Saturday, 17 December 2011

Legal Theory Blog has recently recommended two Yale Law Journal essays: Abbe R. Gluck’s Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond; and Michael C. Dorf and Neil Siegel’s forthcoming YLJO essay, “Early-Bird Special” Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision. Mike Sacks and John Celock also feature a discussion of Dorf and Siegel’s essay in their recent Huffington Post article, Supreme Court Can’t Dodge Health Care Law’s Fate Under Bill From GOP Lawmaker.

In Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond, published in the December 2011 issue, Abbe R. Gluck explores the oft-ignored topic of state implementation of federal law. Gluck raises the question of whether doctrine should protect “intrastatutory federalism,” which she defines as the “informal federalism” that emerges when states carry out acts of Congress. She argues that statutory interpretation canons fail to address the complicated issues that arise in the intrastatutory-federalism context, and she suggests a range of possible doctrinal responses to this increasingly prevalent phenomenon.

In “Early-Bird Special” Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision, Michael C. Dorf and Neil Siegel examine whether the Tax Anti-Injunction Act (TAIA) bars the Supreme Court from reviewing the current challenges to the Patient Protection and Affordable Care Act (ACA). While most of the commentary on the TAIA issue has focused on the question of whether the ACA’s penalty provisions fall within the TAIA’s definition of “tax,” Dorf and Siegel adopt an alternative and original approach. Dorf and Siegel argue that the TAIA does not bar the review because “the present challenges to the ACA do not have ‘the purpose’ of restraining tax assessment or collection.” That purpose must be immediate because if the TAIA extended to challenges with the indirect purpose of restraining tax assessment or collection, it would also bar tax refund suits. ACA challenges cannot have the direct purpose of barring review because “the very authority to assess or collect will not exist until long after the litigation is concluded.”

Most Recent

Forthcoming

Articles

Michelle Wilde Anderson, Dissolving Cities, 121 Yale L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1919768.

Ian Ayres, Regulating Opt-Out: An Economic Theory of Altering Rules, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1934412.

D. James Greiner & Cassandra W. Pattanayak, Randomized Evaluation in Legal Assistance: What Difference Does Representation Make?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1708664.

Daryl J. Levinson, Rights and Votes, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1889264.

Ruth Mason & Michael Knoll, What Is Tax Discrimination?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1647014.

Christopher Re & Richard Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, 121 YALE L.J. (forthcoming 2012).

Notes

Barrett Anderson, Note, Recognizing Character: A New Perspective on Character Evidence, 121 Yale L.J. (forthcoming 2012).

Jesse Cross, Note, “Done in Convention”: The Attestation Clause and the Declaration of Independence, 121 Yale L.J. (forthcoming 2012).

Miles Farmer, Note, Mandatory and Fair?: A Better System of Mandatory Arbitration, 121 Yale L.J. (forthcoming 2012).

Eric Fish, Note, The Twenty-Sixth Amendment Enforcement Power, 121 Yale l.J. (forthcoming 2012).

Jonah Gelbach, Note, Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery, 121 Yale L.J. (forthcoming 2012).

Danielle M. Lang, Note, Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability to Bring Successful Padilla Claims, 121 Yale l.J. (forthcoming 2012).

Nick McLean, Note, Cross-National Patterns in FCPA Enforcement, 121 Yale l.J. (forthcoming 2012).

Comments

Douglas Lieb, Comment, Can Section 1983 Help To Prevent the Execution of Mentally Retarded Prisoners?, 121 Yale l.J. (forthcoming 2012).

Jeffrey Love, Comment, Second Order Clear Statement Rules, 121 Yale L.J. (forthcoming 2012).

Margaret B. Weston, Comment, One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement, 121 Yale l.J. (forthcoming 2012).

David Wishnick, Comment, Corporate Purposes, Contractual Freedom, and Default Rule Clarity: A Comment on eBay v. Newmark, 121 Yale L.J. (forthcoming 2012).

Yale Law Journal Online

Akhil Reed Amar, The Lawfulness of Health-Care Reform, 121 Yale L.J. Online (forthcoming 2012), available at http://ssrn.com/abstract=1856506.

Jules L. Coleman, Mistakes, Misunderstandings and Misalignments, 121 YALE L.J. ONLINE (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1970091.

Daniel A. Farber, Preventing Policy Default: Fallbacks and Failsafes in the Modern Administrative State, 121 YALE L.J. ONLINE (forthcoming 2012).

Lawrence Fox, The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty, 121 YALE L.J. ONLINE (forthcoming 2012).

James W. Jones and Anthony E. Davis, In Defense of a Reasoned Dialogue about Law Firms and their Sophisticated Clients, 121 YALE L.J. ONLINE (forthcoming 2012).

Andrew Koppelman, Bad News for Everybody, 121 YALE L.J. ONLINE (forthcoming 2012).

Gary Lawson & David B. Kopel, Bad News for John Marshall, 121 YALE L.J. ONLINE (forthcoming 2012).