The Constitutionality of Declaratory Judgments

The constitutionality of the Human Life Bill.

The constitutionality of the individual mandate.

On the constitutionality of health care reform.

232 NC Med J May/June 2010, Volume 71, Number 3 On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (“Patient Protection Act”), promising that it “will set in motion reforms that generations of Americans have fought for and marched for and hungered to see.”1 Minutes later, 14 state Attorneys General sued to prevent implementation of the Act, arguing...

Michael Oakeshott’s Declaratory Theory of Adjudication

I this essay I consider a portion of of Chapter Two of Michael Oakeshott’s book, On Human Conduct, in which Oakeshott pursues an understanding of civil association in terms of its conditions or assumptions.1 These postulates include free agents, civil law, adjudication, authority and obligation, legislation, and politics. The portion I consider treats one of these postulates, adjudication. Oake...

The constitutionality of mandatory genetic screening statutes.