Connecticut Law Review Volume 44 – Issue 4

Finding New Power in the Wind, the Earth, and the Sun: A Survey of the Regulation of Alternative Energy Generated on American Indian Reservations in the United States and First Nation Reserves in Canada

Investment in renewable energy resources is becoming increasingly essential for the governments of both the United States and Canada as they search for viable alternatives to traditional, and often foreign-controlled, energy resources. The potential contributions of American Indians and First Nations in the energy sector have been long undervalued and hitherto largely untapped, despite their [...]

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The Future of Gun Control Laws Post-McDonald and Heller and the Death of One-Gun-Per-Month Legislation

In McDonald v. Chicago, the Supreme Court incorporated the Second Amendment individual right to bear arms elucidated in District of Columbia v. Heller, and made the right applicable to state action. While Heller defined the right, McDonald clarified some of the justifications for limiting that right through appropriate government regulation. However, because Second Amendment jurisprudence [...]

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Is Marriage for Rich People? A Book Review of Ralph Richard Banks’s Is Marriage for White People?

The rate of marriage for black Americans is lower today than it has been at any time since the end of slavery. Ralph Richard Banks, in Is Marriage for White People?, examines this reality, paying particular attention to the middle class. Banks notes that the condition of black singleness is especially problematic among middle class [...]

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Breaking the Cycle of “Unequal Treatment” with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias

Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (“Title VI”) and the election of an African-American President. Both of these events held the promise of [...]

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Access Without Limits? Revisiting Barriers and Boundaries After the Affordable Care Act

In the United States, the understanding of health care and relationships in the health care and health insurance settings has evolved over the last century. In the past, care for one’s own health and the relationships between physicians and patients, hospitals and patients, and health insurers and insureds were understood as matters of private concern. [...]

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The Affordable Care Act and Tax Policy

The Affordable Care Act fails to coordinate the impact of tax burdens on individuals with the global aim of extending the availability of health care insurance. The price of private health insurance depends in this country on who buys it; large employers pay less than small employees and individuals for the same level of coverage. [...]

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On Slippery Constitutional Slopes and the Affordable Care Act

The Patient Protection and Affordable Care Act is one of the most significant laws ever passed by Congress. It is aimed at a social problem of the first order, the spiraling costs of health care and the millions of Americans without health insurance. The new law has engendered an enormous amount of public discussion and [...]

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Human Enhancement and Experimental Research in the Military

For over a century the U.S. military has conducted and sponsored cutting-edge medical and technological research. While such projects have often resulted in transformative innovations, in a number of instances, researchers have deliberately violated legal requirements and/or ethical norms governing research with human subjects. This Article explores these matters by discussing the history of misfeasance [...]

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Some Thoughts on Health Care Exchanges: Choice, Defaults, and the Unconnected

One feature of the ACA that appealed to observers across the political spectrum was the creation of health insurance “exchanges.” Among other things, exchanges are intended to aid consumers in making simple and transparent choices regarding the purchase of health insurance. This Article considers how exchanges might benefit from the use of “default” options—both online [...]

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The Framers’ Federalism and the Affordable Care Act

Federalism challenges to the Affordable Care Act (“ACA”) are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court’s jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy [...]

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