Category Archives: JOL Online

  • Faithfully Executed? The Legal and Rational Imperative of Declining to Seek the Federal Death Penalty in Abolitionist States

    Posted on January 6, 2016 by ldavis in JOL Online Notes.

    Faithfully Executed? The Legal and Rational Imperative of Declining to Seek the Federal Death Penalty in Abolitionist States by Francesca Procaccini, JD ’15 I. Introduction Prosecutorial discretion bestows both a power and a duty—it confers control, and demands restraint. In the federal system, this discretion derives from the prosecutor’s role as an Executive officer, charged […]

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  • The Apprentice(ship)

    Posted on November 18, 2015 by ldavis in JOL Commentary, JOL Online Notes.

    The Apprentice(ship)  by Nino C. Monea, JD ’17 When the Great Recession hit, the economy was devastated. In early 2008, unemployment, previously hovering at around 5%, shot up to 10.0% by October 2009.[1] The number of job openings plummeted from 4.5 million in December 2007 to fewer than 2.5 million in July 2009.[2] Average consumer spending […]

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  • Physician Self-Referral: Back on the Agenda or Out for Good?

    Posted on November 9, 2015 by ldavis in JOL Online Notes.

    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 […]

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  • Prosecutorial Discretion and the Expansion of Executive Power: An Analysis of the Holder Memorandum

    Posted on October 15, 2015 by ldavis in JOL Online Notes.

    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 […]

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  • Going Green: An Analysis of Colorado’s Amendment 64

    Posted on August 5, 2015 by ldavis in JOL Online Notes.

    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.[1] 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 […]

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  • Congress is Broken. Fair Districts Could Help Fix It.

    Posted on April 23, 2015 by ldavis in JOL Online Notes.

    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.

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  • Why Price Transparency Cannot Cure American Healthcare

    Posted on January 30, 2015 by harvardjol in JOL Online Notes.

    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. […]

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    Saving the Affordable Care Act if the King v. Burwell Challenge Succeeds

    Posted on January 8, 2015 by harvardjol in JOL Online Notes.

    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”.

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    Recap of JOL Midterm Election Panel

    Posted on November 23, 2014 by harvardjol in JOL Online Notes.

    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 […]

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    Competitive Ideas for Reducing Healthcare Costs

    Posted on November 20, 2014 by harvardjol in JOL Online Notes.

    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 […]

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