ATTENTION: The software behind KU ScholarWorks is being upgraded to a new version. Starting July 15th, users will not be able to log in to the system, add items, nor make any changes until the new version is in place at the end of July. Searching for articles and opening files will continue to work while the system is being updated.
If you have any questions, please contact Marianne Reed at mreed@ku.edu .
The Incredible Ordinariness of Federal Penalties for Inactivity
dc.contributor.author | Yung, Corey Rayburn | |
dc.date.accessioned | 2013-08-04T20:09:17Z | |
dc.date.available | 2013-08-04T20:09:17Z | |
dc.date.issued | 2012 | |
dc.identifier.citation | Corey Rayburn Yung, The Incredible Ordinariness of Federal Penalties for Inactivity, 3 WIS. L. REV. 841 (2012). | |
dc.identifier.uri | http://hdl.handle.net/1808/11627 | |
dc.description | Full-text available at SSRN. See link in this record. | |
dc.description.abstract | Those arguing that the insurance mandate in the recent health care reform legislation, the Patient Protection and Affordable Care Act (ACA), is unconstitutional have prominently and repeatedly advanced the claim that the mandate’s punishment of personal inactivity is an unprecedented exercise of federal power. That contention is simply false. Federal criminal law contains scores of provisions that facially or in application punish inactivity by individuals. These criminal statutes regulating inaction include not just traditional crimes by omission, where a common law duty is violated, but also offenses related to registration, record keeping, possession receipt, preventive measures, nondisclosure, organization, misprision, and obstruction. By providing this account of criminal laws punishing and regulating inactivity, this Essay puts the ACA’s insurance mandate in the larger context of federal laws that would be in jeopardy if the mandate were held to be unconstitutional by the Supreme Court. The case of the ACA in regard to the Commerce and Necessary and Proper Clauses is not merely about the enforcement mechanism used for a single health care law as many have contended—it is about the shape and scope of federal criminal law that has been in place for over fifty years. | |
dc.language.iso | en_US | |
dc.publisher | University of Wisconsin Law School | |
dc.relation.hasversion | http://ssrn.com/abstract=1995586 | |
dc.subject | Commerce clause | |
dc.subject | Necessary and proper clause | |
dc.subject | Health care | |
dc.subject | Federal jurisdiction | |
dc.subject | Omissions | |
dc.subject | Federal criminal law | |
dc.subject | Supreme court | |
dc.title | The Incredible Ordinariness of Federal Penalties for Inactivity | |
dc.type | Article | |
kusw.kuauthor | Yung, Corey Rayburn | |
kusw.kudepartment | School of Law | |
kusw.oastatus | waivelicense | |
kusw.oapolicy | The license granted by the OA policy is waived for this item. | |
dc.rights.accessrights | openAccess |