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5 Jun 2012, 6:51 pm
[iii] Einer Elhauge and Damien Geradin, Global Competition Law and Economics, (Hart, 2011), p. 913 [iv] What amounts to effective control depends on the facts of a particular case. [read post]
26 May 2012, 11:55 am by Jonathan H. Adler
A recent essay by Kevin Cave and Einer Elhauge provides a handy example of the misuse of Coase’s work. [read post]
25 May 2012, 6:53 am by Sam Bagenstos
"  Einer Elhauge has written a series of articles for various outlets making the argument for the constitutionality of the individual mandate based on history. [read post]
22 Apr 2012, 9:00 am by Randy Barnett
(Randy Barnett) Columbia law professor Philip Hamburger passes along this response to the latest New Republic post by Harvard law professor Einer Elhauge: During the past two weeks, Einer Elhauge has attempted to establish the constitutionality of the ACA on the basis of history. [read post]
22 Apr 2012, 8:52 am by Randy Barnett
(Randy Barnett) Einer Elhauge has kindly written to tell me about his new reply in The New Republic on-line to Philip Hamburger’s critique, which appeared here on the Volokh Conspiracy, of his earlier claim that there were historical precedents for the individual insurance mandate: Since I wrote last week about the remarkable eighteenth-century precedents for a health insurance mandate, several supporters of the challenge to Obamacare have attempted to downplay the… [read post]
19 Apr 2012, 12:39 pm by Tom Smith
  In defense of the constitutionality of the ACA under the Commerce Clause, Einer Elhauge points to early federal statutes on firearms and seamen. [read post]
19 Apr 2012, 5:46 am by Randy Barnett
(Randy Barnett) Columbia law professor and legal historian Philip Hamburger passes along the following comment on Einer Elhauge’s use of early maritime acts as historical precedent for the individual insurance mandate:           In defense of the constitutionality of the ACA under the Commerce Clause, Einer Elhauge points to early federal statutes on firearms and seamen. [read post]
16 Apr 2012, 3:18 pm by jleaming@acslaw.org
In a piece for The Atlantic, Harvard Law School Professor Einer Elhauge details why the broccoli argument is not only wobbly, but dangerously flawed. [read post]
15 Apr 2012, 8:42 pm by constitutional lawblogger
Einer Elhauge (Harvard) writes in The New Republic that the Founders supported health insurance mandates in his piece If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them? [read post]
3 Apr 2012, 6:25 am by J
It could be forum for legal historians to talk briefly about their works in progress and about recent publications.A link to Einer’s commentary on ObamaCare and the Kagan-Roberts compromise is here. [read post]
5 Jan 2012, 7:31 am by Max Kennerly, Esq.
 Consider these possible standards listed in a mere footnote to the Department of Justice’s Section 2 report: Einer Elhauge, Defining Better Monopolization Standards, 56 Stan. [read post]
8 Dec 2011, 11:02 am by pittlegalscholarship
Harvard Vicki Jackson (Harvard Law) Texas Vicki Schultz (Yale Law) Yale Law and Economics Einer Elhauge (Harvard Law) [read post]
23 Nov 2011, 8:29 am
Elhauge answers no, for reasons that need not be repeated here. [read post]
21 Nov 2011, 3:14 am by New Books Script
47 new acquisitions for the Osgoode Hall Law School Library, including 35 from 2011: BJ 44 M55 2011 Elements of moral cognition : Rawls’ linguistic analogy and the cognitive science of moral and legal judgment John Mikhail. [read post]
17 Nov 2011, 3:29 pm by Glenn Reynolds
Nevertheless, in the course of arguing for the constitutionality of Obamacare’s “individual mandate,” Einer Elhauge pretty much rules out the possibility that limiting the federal government to the regulation of “commerce … among the several states” inhibits the feds from doing anything. [read post]
17 Nov 2011, 7:58 am by Kiran Bhat
  Writing in the New York Times, Einer Elhauge also argues that the Court should uphold the law, reasoning that the individual mandate “does not require Americans to subject themselves to health care. [read post]
17 Nov 2011, 4:43 am by Glenn Cohen
The first is an op-ed in the NY Times by my colleague and the Center's founding director Einer Elhauge on the mandate question that appeared yesterday. [read post]