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
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
Volume 51, No. 2 of the Harvard Journal on Legislation is now available on the JOL website!Continue Reading... Comments Off on Volume 51, No. 2 Available Online
Over lunch on February 11 and 12, the Harvard Law School Journal on Legislation hosted its annual symposium. This year’s topic, Drug Policy: Reality and Reform, proved timely and engaging to members of the Harvard Law community. Welcoming a standing-room-only audience to hear from some of the field’s leading experts and authorities, JOL succeeded in […]Continue Reading... Comments Off on 2014 Symposium Recap