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6 Mar 2012, 9:47 am
It elicited an eviscerating response from Gary Lawson and David Kopel, Bad News for John Marshall.I now defend myself in Bad News for Everybody: Lawson and Kopel on Health Care Reform and Originalism.The argument has essentially left health care behind. [read post]
5 Mar 2012, 9:00 pm
Gary Lawson and David Kopel’s Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and that the health care mandate (and perhaps much else in the U.S. [read post]
19 Feb 2012, 8:55 pm
” The phrase “original public meaning” seems to have entered into the contemporary theoretical debates in the work of Gary Lawson with Steven Calabresi as another “early adopter. [read post]
15 Feb 2012, 7:45 am
David Kopel is the author of an excellent brief on behalf of the Independence Institute, Gary Lawson, Robert Natelson, and Guy Seidman, which focuses on a different aspect of the Necessary and Proper Clause. [read post]
9 Feb 2012, 10:46 am
(David Kopel) That’s the title of a new article by Gary Lawson and me, forthcoming in a symposium issue of Boston University’s American Journal of Law & Medicine. [read post]
8 Feb 2012, 4:23 pm
Law School’s Gary Lawson. [read post]
8 Feb 2012, 4:23 pm
Law School’s Gary Lawson. [read post]
7 Feb 2012, 2:56 am
Replies from Lawrence Rosenthal, Ryan Williams, and Gary Lawson will be posted in the next few days. [read post]
20 Jan 2012, 4:21 am
Gary Lawson and David B. [read post]
6 Jan 2012, 12:45 pm
Here is the abstract: Gary Lawson & David Kopel’s Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and that the mandate (and perhaps much else in the U.S. [read post]
DAVE KOPEL: Will the Necessary & Proper clause save Obamacare? Not if the Court follows McCulloch v…
18 Nov 2011, 4:34 am
Here’s Kopel’s Yale Law Journal piece, coauthored with Gary Lawson. [read post]
17 Nov 2011, 1:33 pm
(David Kopel) Gary Lawson and I explain why, in an article published last week by Yale Law Journal Online.In short, the Necessary and Proper Clause expressed the well-known agency law doctrine of principals and incidents. [read post]
14 Nov 2011, 8:10 am
Preferred citation: Gary Lawson & David B. [read post]
3 Oct 2011, 10:07 am
Therefore, it is not constitutionally “proper” to force citizens to spend their money on a government-favored Big Insurance oligopoly.The rationale for the above can be found in my articles Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, 121 Yale Law Journal Online (forthcoming 2011)(with Gary Lawson); “Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law, 12 Engage 49… [read post]
26 Jul 2011, 7:24 am
I’ve been thinking about a question arising out of the coincidence of my reading Gary Lawson et al. [read post]
24 Jul 2011, 11:31 am
In preparation for a roundtable discussion I’ll be doing at Boston University Law School in October with Gary Lawson, Philip Hamburger, and John Manning, I’ve been reading Lawson, Geoffrey Miller, Robert Natelson, and Guy Seidman’s The Origins of the Necessary and Proper Clause (Cambridge, 2010). [read post]
18 Jul 2011, 12:11 am
Restricting myself to those who have served in the academy, these scholars include (and I am surely missing some important people) Steve Calabresi, Brad Clark, John Harrison, Doug Kmiec, Gary Lawson, Nelson Lund, John Manning, Michael McConnell, John McGinnis, Mike Paulsen, and myself. [read post]
24 Jun 2011, 4:44 pm
Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform (April 2011).Gary Lawson (Boston Univ.) and I partially agree:Professor Koppelman evidently believes that the constitutionality of the individual mandate begins and ends with McCulloch v. [read post]
24 Jun 2011, 7:49 am
Gary Lawson and David B. [read post]
9 Jun 2011, 7:02 am
Many people claim to be originalists, but only a few leading scholars can be properly so labeled, including Randy Barnett, Roger Pilon, Gary Lawson, Kurt Lash, Lawrence Solum, and a few others, including some but not most legal historians. [read post]
