Healthcare and The Court

About the author The author, a constitutional law scholar, member of the California Bar and TNP contributing writer, lectures on law, ethics and critical thinking in the undergraduate and graduate …

Europe Leads on Rights, Part IV.

Part III addressed how and why US and European political culture and philosophy diverge; federalism and other constitutional challenges they each confront; how words and deeds on liberty and justice …

Europe Leads on Rights, Part III.

Part II examined the significance of the ECHR’s Masri ruling within the broader contours of Western constitutional jurisprudence, critically examined the words vs. the deeds of the Obama administration on …

Europe Leads on Rights, Part II.

Part I addressed the ECHR ruling in the case of Khaled el-Masri, why the case is a milestone in applying the rule of law and protecting human rights in response …

Europe Leads on Rights, Part I.

As we begin 2013, the European Court of Human Rights has surpassed the US Supreme Court as the world’s leading protector of individual rights. On December 13, 2012, the ECHR …

Healthcare and The Court, Part IV

An increasing number of voices are now calling for judicial term limits. Indeed, judges in all major nations and almost all 50 states are subject to age or term limits. …

Healthcare and The Court, Part III.

Law should prioritize process and principle rather than politics and results. The judiciary should rule as narrowly as possible to resolve the actual case or controversy presented. Yet with Bush …

Healthcare and The Court, Part II.

A polarized debate is not really a debate and offers no cure The central issue before the Court concerns the “minimum coverage provision,” better known as the individual mandate, requiring …

Healthcare and The Court

Ever since the extraordinary three-day oral argument before the United States Supreme Court on March 26-28 in the healthcare case (U.S. Department of Health and Human Services v. Florida), pundits …