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  • Ronald J. Krotoszynski, Jr. | The University of Alabama | School of Law
    commerce not to compel it and for over 200 years both our decisions and Congress s actions have reflected this understanding There is no reason to depart from that understanding now Finally the Supreme Court by a 7 2 vote required that changes to Medicaid eligibility be implemented on a prospective and voluntary basis Roberts explained that Congress may not simply conscript state agencies into the national bu reaucratic army FERC v Mississippi 456 U S 742 775 1982 O Connor J concurring in judgment in part and dissenting in part and that is what it is attempting to do with the Medicaid expansion Accordingly he concluded that Congress may not penalize States that choose not to participate in that new program by taking away their existing Medicaid funding Only Justices Ginsburg and Kagan dissented from this part of the Supreme Court s holding In the short term the decision will likely be noted for sustaining the mandate and hence the lynchpin of the PPACA However the longer term implications of the ruling will likely relate to new and clearer limits on the federal government s ability to use the commerce power to regulate individual conduct unrelated to commercial or economic activity and enhanced protections for the state governments that elect to participate in federal welfare programs More specifically Congress may not use the Commerce Clause to regulate inactivity Nor may Congress adopt a bait and switch approach to existing federal entitlement programs by establishing programs with one set of participation guidelines and then replacing those guidelines without giving the states a free and fair choice to participate or not in the new program Although the immediate impact of these holdings is less obvious than the decision to sustain the mandate as a tax their long term importance equals and perhaps exceeds the importance of the mandate ruling Ronald J Krotoszynski Jr John S Stone Chair Director of Faculty Research and Professor of Law University of Alabama School of Law 317 908 2807 SUPREME COURT HOLDS INTENTIONAL FALSE STATEMENTS ARE PROTECTED UNDER FIRST AMENDEMNT In United States v Alvarez No 11 210 the Supreme Court has held that false statements even if made intentionally and knowingly enjoy First Amendment protection and can be regulated or proscribed only if they cause harms that government otherwise has the constitutional power to prevent The Stolen Valor Act criminalized knowingly false statements about a person s military background and history including false claims about awards and medals associated with military service Writing for himself and three other members of the Supreme Court Chief Justice Roberts and Justices Ginsburg and Sotomayor Justice Anthony Kennedy explained that Absent from those few categories where the law allows content based regulation of speech is any general excep tion to the First Amendment for false statements The First Amendment protects false speech in order to avoid self censorship and a chilling effect on speech that criminal punishments for allegedly false intentional speech might create The Court held that this

    Original URL path: http://www.law.ua.edu/faculty/notes/ronald-j-krotoszynski-jr/ (2016-02-12)
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  • Austin Sarat | The University of Alabama School of Law
    College M A and Ph D from the University of Wisconsin and J D from Yale Law School Professor Sarat is author or editor of more than 50 books including When the State Kills Capital Punishment in Law Politics and Culture Something to Believe in Politics Professionalism and Cause Lawyers with Stuart Scheingold Cultural Analysis Cultural Studies and the Law Moving Beyond Legal Realism with Jonathan Simon Looking Back at

    Original URL path: http://www.law.ua.edu/directory/People/view/Austin_Sarat (2016-02-12)
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  • Noah Funderburg | The University of Alabama School of Law
    Visiting Faculty Emeritus Faculty All Faculty and Staff Departments Hugo Black Fellowship Documents For Faculty Law School Cafe Noah Funderburg nfunderb law ua edu Noah Funderburg The University of Alabama School of Law Box 870382 101 Paul W Bryant Drive

    Original URL path: http://www.law.ua.edu/directory/People/view/Noah_Funderburg (2016-02-12)
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  • Charles Gamble | The University of Alabama School of Law
    Faculty Directory Faculty Expertise Faculty Publications New Visiting Faculty Emeritus Faculty All Faculty and Staff Departments Hugo Black Fellowship Documents For Faculty Law School Cafe Charles Gamble Dean Emeritus and Henry Upson Sims Professor Emeritus of Law 205 348 1126 cgamble law ua edu Charles Gamble Office Room 105B The University of Alabama School of Law Box 870382 101 Paul W Bryant Drive East Tuscaloosa AL 35487 University of Alabama

    Original URL path: http://www.law.ua.edu/directory/People/view/Charles_Gamble (2016-02-12)
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  • Nathaniel Hansford | The University of Alabama School of Law
    M Degrees Law School Directory Faculty Directory Faculty Expertise Faculty Publications New Visiting Faculty Emeritus Faculty All Faculty and Staff Departments Hugo Black Fellowship Documents For Faculty Law School Cafe Nathaniel Hansford Dean Emeritus and William Alfred Rose Professor of Law Emeritus Nathaniel Hansford The University of Alabama School of Law Box 870382 101 Paul W Bryant Drive East Tuscaloosa AL 35487 University of Alabama School of Law admissions law

    Original URL path: http://www.law.ua.edu/directory/People/view/Nathaniel_Hansford (2016-02-12)
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  • Timothy Hoff | The University of Alabama School of Law
    attended King s College University of London where he read philosophy He received an A B in 1963 from Tulane University and was elected to Phi Beta Kappa Professor Hoff earned his J D degree in 1966 from Tulane University and an LL M degree from Harvard Law School in 1970 A member of the Florida and Alabama bars Professor Hoff was in private practice with Williams Parker in Sarasota Florida from 1966 to 1969 and worked briefly as assistant legal editor for the Florida Bar He came to The University of Alabama in 1970 as an assistant professor of law became associate professor in 1973 and professor in 1975 and presently serves as Gordon Rosen Professor of Law Active in law revision Professor Hoff has worked as consultant and reporter for the Alabama Law Institute on numerous projects including motor vehicle laws and administrative law He is the author of Alabama Limitations of Actions and Notice Provisions 2d ed 1992 as well as articles relating to civil procedure comparative law and jurisprudence First recipient of the Student Bar Association Outstanding Faculty Member Award 1986 Professor Hoff served as faculty advisor to the Alabama Law Review for more than 10

    Original URL path: http://www.law.ua.edu/directory/People/view/Timothy_Hoff (2016-02-12)
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  • Jerome Hoffman | The University of Alabama School of Law
    Directory Faculty Directory Faculty Expertise Faculty Publications New Visiting Faculty Emeritus Faculty All Faculty and Staff Departments Hugo Black Fellowship Documents For Faculty Law School Cafe Jerome Hoffman Elton B Stephens Professor Emeritus of Law 205 348 1122 jhoffman law ua edu Jerome Hoffman Office Room 105C The University of Alabama School of Law Box 870382 101 Paul W Bryant Drive East Tuscaloosa AL 35487 University of Alabama School of

    Original URL path: http://www.law.ua.edu/directory/People/view/Jerome_Hoffman (2016-02-12)
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  • Wythe Holt | The University of Alabama School of Law
    Virginia Editor of the Virginia Law Review Within the Alabama Law School Professor Holt received one of the first four Chairs awarded and is now University Research Professor of Law Emeritus Professor Holt taught and published in the fields of federal jurisdiction conflict of laws trusts and estates and future interests while his primary field of teaching and publication was American legal history particularly the history of American labor law In retirement his chief production has included books on the Whiskey Rebellion of 1794 the early history of the American federal court system and a Civil War battle which took place near his hometown of Hampton Virginia At the University of Alabama Professor Holt also taught or co taught courses in the English History American Studies African American Studies as it was then New College and Criminal Justice departments of the College of Arts and Sciences He served as a visiting professor at the law schools of George Washington University West Virginia University and the University of Miami and was a visiting member of the faculty of history at the University of Virginia He has also served as a visiting lecturer or professor at Mekelle University in Ethiopia Fribourg University

    Original URL path: http://www.law.ua.edu/directory/People/view/Wythe_Holt (2016-02-12)
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