Neil Siegel: Recent and forthcoming scholarship pertaining to the ACA

January 27, 2012Duke Law News

“Early-Bird Special” Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision, 121 Yale Law Journal Online (2012) (with Michael C. Dorf)

Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power (in progress) (with Robert D. Cooter)

Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision, 75 Law & Contemporary Problems (forthcoming 2012)

Four Constitutional Limits That the Minimum Coverage Provision Respects, 27 Constitutional Commentary 591-619 (2011)

The Liberty of Free Riders: The Minimum Coverage Provision, Mill’s “Harm” Principle, and American Social Morality, 38 American Journal of Law & Medicine (forthcoming 2012) (with Jedediah Purdy)

Collective Action Federalism: A General Theory of Article I, Section 8, 63 Stanford Law Review 115 (2010) (with Robert D. Cooter)
Other News
  • Community Enterprise Clinic handles legal details of shopping center transformation

    A forlorn, largely vacant shopping center on 10 acres of asphalt in central Durham seems like an unlikely place for innovation. But Ann Woodward, executive director of the nonprofit Scrap Exchange, imagines transforming this site into a creative reuse arts district (the “RAD”).  This district, an inventive mix of nonprofits, cooperatives and for-profit companies, would not only ensure that the Lakewood Shopping Center becomes a profitable asset, but would also be the catalyst for the revitalization of the surrounding neighborhood.   

  • Zelenak analyzes Trump tax docs
      L.A. Times