The Yale Law Journal

Brian Galle

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The American Rescue Plan and the Future of the Safety Net

Brian Galle

This Essay considers the lessons of the American Rescue Plan for design of the safety net, using unemployment insurance as a case study. It shows why UI failed and how to fix it, including how to provide benefits to part-time workers.

 

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The Taxing Power, The Affordable Care Act, and the Limits of Constitutional Compromise

Brian Galle

After a quiet century or so, the scope of Congress’s power “[t]o lay and collect taxes” is once again in the news. The taxing power was at issue when the Supreme Court issued a decision that President (and Chief Justice) Taft would later call the worst injury to the Court’s reputation ever, …

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Conditional Taxation and the Constitutionality of Health Care Reform

Brian Galle

The recent enactment of major health care reform legislation has brought with it a welter of constitutional challenges to the legislation and its key provisions. Attorneys General in more than a dozen states have already filed suits seeking to enjoin the operation of the statute, arguing that its re…