6. Estimating the Impact of the Demand for Consumer-Driven Health Plans Following the 2012 Supreme Court Decision of the Constitutionality of the Patient Protection and Affordable Care Act - Stephen T. Parente

2016 ◽  
pp. 135-158
Author(s):  
Stephen T. Parente
Keyword(s):  
Supreme Court ◽  
Affordable Care Act ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Health Plans ◽  
Patient Protection ◽  
The Impact

The PPACA in Wonderland

2012 ◽  
Vol 38 (2-3) ◽  
pp. 269-287
Author(s):  
Gary Lawson ◽  
David B. Kopel
Keyword(s):  
Supreme Court ◽  
Affordable Care Act ◽  
General Public ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Public Understanding ◽  
Patient Protection ◽  
Speaker Of The House ◽  
Roe V Wade ◽  
Federal Judges

On August 22, 2009, when then-Speaker of the House Nancy Pelosi was asked by a reporter whether the Patient Protection and Affordable Care Act (PPACA) was constitutional, she answered: “Are you serious? Are you serious?” Two years later, many federal judges, more than half of the States, and a flood of distinguished constitutional scholars have examined the PPACA and found at least part of it to be unconstitutional. The question was indeed serious.It remains serious today, as a Supreme Court decision on the constitutionality of the PPACA is expected in June 2012. Because the legality of the PPACA has emerged as perhaps the most publicly visible constitutional question since Roe v. Wade, clarity is vital not only for the PPACA itself, but also for general public understanding of the Constitution. Accordingly, our goals in this Article are to provide an opinionated but hopefully fair-minded guide to the constitutional issues of the PPACA and to clarify some misunderstandings that plague both popular and professional discussions of the issues.

scholarly journals Les aléas de la fraude en droit criminel

2005 ◽  
Vol 27 (4) ◽  
pp. 813-851
Author(s):  
Pierre Rainville
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Criminal Code ◽  
Court Decision ◽  
Mens Rea ◽  
Criminal Offence ◽  
Territorial Jurisdiction ◽  
The Supreme Court ◽  
Definition Of ◽  
The Impact

Even though section 338 Cr.C. appears in Part VIII of the Criminal Code entitled « Fraudulent transactions relating to Contracts and Trade », the criminal offence of fraud is of a much broader scope. The liberal interpretation received from the courts has transformed this crime into one of the widest and sometimes most unpredictable offences. The author first discusses Canada's territorial jurisdiction over international fraud in the light of the recent Libman case. He then proceeds to examine the impact of the Supreme Court decision in Vezina v. R. on the « deprivation » requirement in the definition of fraud. This text also concentrates on the objective-subjective mens rea dilemna and on a comparison of the constitutive elements of fraud, theft and false pretences. The author finally concludes that sections 320 and 338 Cr.C call out for immediate reform.

The Religious Freedom Restoration Act and Prisons and Jails: An Assessment and a Proposal

1995 ◽  
Vol 7 (3-4) ◽  
pp. 309-327
Author(s):  
Jack E. Call ◽  
Charles Samarkos
Keyword(s):  
Supreme Court ◽  
Religious Beliefs ◽  
Religious Freedom ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legislative History ◽  
Free Exercise ◽  
The Law ◽  
Religious Freedom Restoration Act ◽  
The Impact

In November of 1993, the Religious Freedom Restoration Act (RFRA) was signed into law by the President. Its purpose was to overrule a 1990 Supreme Court decision and require government to satisfy a compelling interest test when its laws or actions place a substantial burden on an individual's exercise of personal religious beliefs. This article explores the impact of RFRA on prisons and jails. Since there was a failed effort in Congress to exempt prisons and jails from the strictures of RFRA, there is no question that RFRA applies to these institutions. The article begins by explaining the law on the free exercise of religion prior to RFRA. Then the provisions of RFRA and its legislative history are explored briefly. An assessment is made of the likely effect of RFRA on prisons and jails and its constitutionality. The article concludes with a recommendation for amending RFRA designed to insure that the free exercise rights of inmates are adequately protected, while not unduly hampering the ability of corrections administrators to run their prisons and jails safely and efficiently.

scholarly journals LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DALAM INDUSTRI SEPEDA MOTOR (KAJIAN PUTUSAN MAHKAMAH AGUNG NOMOR 217 K/PDT.SUS-KPPU/2019)

2021 ◽  
Vol 12 (2) ◽  
pp. 50-68
Author(s):  
Hartanto Hartanto ◽  
Gilang Yudha Wirawan
Keyword(s):  
Supreme Court ◽  
Indirect Evidence ◽  
Supreme Court Decision ◽  
Circumstantial Evidence ◽  
Court Decision ◽  
The Supreme Court ◽  
Motorcycle Industry ◽  
The Impact ◽  
Trial Evidence ◽  
Legal Consequences

Business competition is an economic activity that runs in line with technological and industrial advances. With the existence of business competition, the Business Competition Supervisory Commission in Indonesia was formed which aims to supervise and protect business competition. This research will discuss the impact and legal consequences of the KPPU decision to the Supreme Court decision which still considers and uses circumstantial evidence and testimony based on hearing from other people.  Based on the description above, the writer chooses the research title "Judicial Review of the Prohibition of Monopolistic Practices and Unfair Business Competition in the Motorcycle Industry (Review of Supreme Court Decision No. 217 K / Pdt.Sus-KPPU / 2019) with the formulation of the problem of legal impact from the Assembly's decision. The Cassation Judge proven not to consider and examine the objections / demands of the Cassation Appellant as well as whether the legal consequences of the verdict of the Cassation Panel of Judges use testimony from other people (testimonium de auditu) and indirect evidence (circumstantial evidence / indirect evidence) as a means trial evidence. So the authors want to examine this and use normative research methods that use interviews as supporting data. Keywords: Monopoly, Business Competition, Indirect Evidence

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