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Health Care: Why Jurisdiction Matters | University of Richmond School of Law...

A short introduction to my Stanford Law Review piece on jurisdiction over Virginia’s challenge to the individual mandate: Health Care: Why Jurisdiction Matters | University of Richmond School of Law...

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Congress can and should enact a statutory fix for the Tax Anti-Injunction Act...

Regardless of what one thinks about the constitutionality of the individual mandate in the Affordable Care Act, there appears to be an emerging bipartisan consensus that (1) its constitutionality...

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A closer look at the so-called “AIA waiver” in Helvering v. Davis

Some challengers to the individual mandate now assert that the federal tax Anti-Injunction Act is not jurisdictional. Instead, they claim, it is a defense. From this characterization, they argue that...

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Is a late-filed FTCA claim against the United States subject to sua sponte...

Earlier this week, the Fourth Circuit released an unpublished per curiam opinion in Zeno v. United States that affirms the dismissal of claims under the FTCA and state law. The Fourth Circuit held that...

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John Marshall on the sequencing of jurisdictional determinations in criminal...

In answering the Republican claim that jurisdiction over the murder committed by Thomas Nash (aka Jonathan Robbins) against a foreign citizen on a British ship was established by arraignments in a...

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Fourth Circuit holds that commercial activities exception allows breach of...

Earlier this week, a split Fourth Circuit panel result two knotty jurisdictional questions. The first relates to appellate jurisdiction  in a case that has been transferred from a district court in one...

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The Anti-Injunction Act and section 5000A of the tax code (aka “the...

I recently posted to SSRN a draft version of the paper that arose out of my participation in the “Everything But the Merits” symposium on the healthcare litigation held at the University of Richmond...

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