This Article offers an initial assessment of the Supreme Court’s Spending Clause holding in National Federation of Independent Business v. Sebelius (NFIB), which addressed the constitutional challenge to the Affordable Care Act. As Justice Ginsburg pointed out, NFIB marks “the first time ever” that the Court has held that a spending condition unconstitutionally coerced the [...]

This Article puts forward the case for Securities and Exchange Commission (SEC) rules requiring public companies to disclose their political spending. We present empirical evidence indicating that a substantial amount of corporate spending on politics occurs under investors’ radar screens, and that share- holders have significant interest in receiving information about such spending. We argue [...]

Domestic and international law have, in different ways, recognized a human right to food since the twentieth century. The original reason for this recognition was the need to alleviate a particular type of food insecurity— “traditional” hunger, as manifested in conditions like malnutrition and underweight. The current public-health crisis of obesity, however, demands a reconsideration [...]

Privatization’s proponents are branching out. They have traditionally relied on government service contracting to boost efficiency, maximize budgetary savings, enhance unitary control over the administrative state, and reap political dividends. Now, however, these proponents are also blazing newer, bolder paths. They are experimenting with more powerful instruments that offer surer, quicker routes to promote privatization’s [...]

It seems obvious that there is something suspicious about a state entering into a contract only to later use its legislative power to escape from fulfilling that obligation. When the government enters into contracts, it binds itself according to the dictates of private law but, nevertheless, remains the sovereign. How can a space be preserved [...]

Viewing the legal context of medical marijuana from a pharmacist’s perspective, the solution to medical-marijuana laws is not a matter of supporting or prohibiting its use; medical marijuana is in need of a better refined medical model. A proper medical model is composed of the prescribing of medicine by a licensed prescriber and the dispensing [...]

The Uthman opinions highlight a key consequence of the use of classified information in Guantánamo habeas proceedings: the production of classified opinions. Indeed, the vast majority of district and circuit court opinions in Guantánamo habeas cases feature at least some redaction. Some have been so redacted as to become virtually incomprehensible. This raises two questions, the [...]