Physician Self-Referral: Back on the Agenda or Out for Good? by Amanda Bakowski JD ’17 I. Introduction On June 25, 2015, the Supreme Court decided King v. Burwell, holding that the tax credits established by the Patient Protection and Affordable Care Act (“ACA”) are available to individuals purchasing health insurance on exchanges created by the federal […]Continue Reading... Comments Off on Physician Self-Referral: Back on the Agenda or Out for Good?
Prosecutorial Discretion and the Expansion of Executive Power: An Analysis of the Holder Memorandum by Erin Cady, JD ’16 I. Introduction President Obama has used executive power to advance policymaking on issues from immigration to national security throughout his Administration, particularly since the Republican Party won a majority of seats in the House of Representatives […]Continue Reading... Comments Off on Prosecutorial Discretion and the Expansion of Executive Power: An Analysis of the Holder Memorandum
by Sara Murphy, JD ’16 On January 1, 2014, Colorado became the first place in the world to legitimize the sale of marijuana and marijuana-based products. This historic moment was quickly eclipsed by uncertainty as to whether Colorado could actually regulate cannabis without running afoul of the federal Controlled Substances Act’s ban on the manufacture or […]Continue Reading... Comments Off on Going Green: An Analysis of Colorado’s Amendment 64
The Capitol Building. The bedrock of the first branch of government; home to the World’s Greatest Deliberative Body and the People’s House. Like no other structure, it stands as the very symbol of our system of self-governance.Continue Reading... Comments Off on Congress is Broken. Fair Districts Could Help Fix It.
by Jonathan Klein, JD16 “Price transparency” is a buzz-phrase one tends to hear a lot in discussions over healthcare reform. Price transparency laws, which require covered health care providers to disclose to consumers cost estimates for health care services, are attractive to lawmakers on both sides of the aisle, and it’s easy to see why. […]Continue Reading... Comments Off on Why Price Transparency Cannot Cure American Healthcare
In this essay, I will assume that it is the day after the Supreme Court’s decision in the upcoming case of King v. Burwell, the latest challenge to the Affordable Care Act, and will further assume that the Supreme Court has found for the plaintiffs in a decision roughly along the lines of that handed down by the DC Circuit panel in Halbig v. Burwell. I will propose and discuss a method that the Obama Administration could use to ensure that the ACA continues to function as intended even after such a ruling, or that the Obama Administration could implement in advance of such a ruling as a means of rendering the King challenge substantively moot. Those familiar with King may wish to skip the “Background” section of this essay, and move directly to the section entitled “Goals and Constraints”.Continue Reading... 1 Comment.
On Monday, November 10, the Journal on Legislation hosted Professor Steve Ansolabehere (a Harvard government professor who consulted this year with CBS News on its election night coverage specializes in electoral politics, public opinion, and media) and Professor Elaine Kamarck (a Kennedy School professor and former White House senior staffer who created the National Performance […]Continue Reading... Comments Off on Recap of JOL Midterm Election Panel
Jeremy Salinger, Class of 2017 I. Introduction Nino Monea, Class of 2017, recently proposed that making price information for medical care available to consumers online would increase the transparency in healthcare shopping, which in turn would lead to greater competition among healthcare providers and lower costs to consumers. Mr. Monea’s analysis focused on the relationship […]Continue Reading... 2 Comments.
On this past Election Day, November 4th, hundreds of members of the Harvard Community attended the HLS Election Day party and issue discussion. The event hosted by the Journal on Legislation, Harvard Law School Democrats, and Harvard Law Republicans obtained overwhelming bipartisan support and attendance. The event commenced with a key announcement early in the […]Continue Reading... Comments Off on JOL Co-Hosts Election Night Party at HLS
On October 30, Harvard Law School’s Dean Minow hosted Senator Olympia Snowe and Jason Grumet, Director of Bipartisan Policy Center. Held just a few days before the Mid-term elections, the talk focused on bipartisanship in Congress and why it isn’t working. The talk opened up with a video on the Bipartisan Policy Center’s Commission on […]Continue Reading... Comments Off on Sen. Snowe Speak with Dean Minow About Why Congress Isn’t Working