Document Type

Article

Publication Date

2-2014

Journal Title

American University Law Review

ISSN

0003-1454

Abstract

The Patient Protection and Affordable Care Act of 2010 (“ACA”) rewrote the law of private health insurance. How the ACA rewrote the law of civil remedies, however, is — to date — a question largely unexamined by scholars. Courts everywhere, including the United States Supreme Court, will soon confront this important issue.

This Article offers a foundational treatment of the ACA on remedy. It predicts a series of flashpoints over which litigation reform battles will be fought. It identifies several themes that will animate those conflicts and trigger others. It explains how judicial construction of the statute’s functional predecessor, the Employee Retirement Income Security Act of 1974 (“ERISA”), converted a protective statute into a uniquely effective piece of federal litigation reform. And, ultimately, it considers whether the ACA — which incorporates, modifies, and rejects ERISA in several notable ways — will experience a similar fate.

First Page

649

Last Page

714

Num Pages

66

Volume Number

63

Issue Number

3

Publisher

American University (Washington College of Law)

File Type

PDF

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.