Should Judges Judge?: The Affordable Care Act, Subsidies, and Judicial Engagement

Engage Volume 15, Issue 2
William R. Maurer November 19, 2014

Halbig and King concern the IRS’s interpretation of a section of the ACA concerning tax credits for buying health insurance from an “Exchange.”  Under the ACA, Exchanges are either governmental or nonprofit entities established to provide a marketplace for health insurance.  The ACA recognizes two types of Exchanges: those established by the states, and, if a state does not establish its own Exchange, those established by the federal government for the state....[Read More!]

Bitcoin Taxation: Recommendations to Improve the Understanding and Treatment of Virtual Currency

Engage Volume 15, Issue 2
Erin M. Hawley, Joseph J. Colangelo November 19, 2014

The purpose of this paper is to assess the Internal Revenue Service’s (IRS) current tax guidance as it relates to virtual currency, highlighting both positive and negative aspects. Our goals are to provide policymakers with additional information regarding the tax responsibilities associated with bitcoin under this new guidance as well as provide options to aid the IRS in fulfilling its mission of helping America’s taxpayers understand and meet their tax responsibilities while simultaneously encouraging innovation in the bitcoin and virtual currency ecosystem....[Read Now!]

The BP Gulf Oil Spill Class Settlement: Redistributive “Justice”?

Federalist Society White Paper
John S. Baker, Jr. November 07, 2014

This White Paper discusses the litigation and class-action settlement resulting from the 2010 Deepwater Horizon oil spill.  The paper argues that the strange developments in the BP Class Settlement offer an appropriate occasion to consider the fundamental constitutional question raised by the creation of class settlements–as a distinct form of class action....[Read Now!]

EPA’s Section 111(d) Carbon Rule: What if States Just Said No?

Federalist Society White Paper
Peter Glaser, Carroll W. McGuffey, Hahnah Williams Gaines November 06, 2014
This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse gases from the nation’s coal-fired power plants. In that proposal, promulgated under Section 111(d) of the Clean Air Act (CAA), EPA seeks to compel States to become the enablers of the Administration’s vision of what a “transformed”—and much more costly and unreliable—electric utility system should be.  The question is, what if States refuse to go along?  What if States refuse to give EPA the aggressive carbon-reduction plans the Agency is demanding?...[Read Now!]

Congress Begins to Consider a New Communications Act

Engage Volume 15, Issue 2
Randolph J. May October 27, 2014

Since the Communications Act was last revised in any meaningful way in 1996, the communications and information services marketplace environment, driven in significant part by rapid technological advances, has changed dramatically. Thus, the review and updating process is not only timely but necessary.  The Free State Foundation's Randolph J. May gives a high-level assessment of the proposals for reform....[Read Now!]