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Friday, September 7, 2012

Professor Bayer Places His Latest Article in the Loyola University Chicago Law Journal

The Boyd School of Law is very pleased to announce that Professor Peter Bayer has placed his latest law review article, "The Due Process Legality of the Individual Mandate: A Kantian Analysis, and Why It Matters," in the Loyola University Chicago Law Journal.

In his article, Professor Bayer argues that while the Supreme Court has ruled that the individual mandate provision within the Affordable Care Act is constitutional under Congress's power to tax, the true challenge yet to be judicially addressed is the mandate's legality under the Constitution's due process clauses. Professor Bayer uses Immanuel Kant's "dignity principle," which tacitly has been adopted by the courts, to show that the mandate does not violate personal liberty even though it requires unwilling persons to purchase unwanted health insurance from private carriers.

Congratulations, Peter!