Harvard Journal on Legislation

What’s the Matter with Kansas and the National Voter Registration Form?

What’s the Matter with Kansas and the National Voter Registration Form? by Carmen Hicks, TurboVote Research Lead, Democracy Works Federalism allows states to have agency in many aspects of policy creation, implementation, and regulation separate from that created by the federal government. It is this constitutionally managed balance that allows individual states to establish their…

“The Debt is Not Payable”

“The Debt Is Not Payable” by James L. Tatum III, MPA ’17, Maxwell School of Citizenship and Public Affairs at Syracuse University “The debt is not payable,” said Governor Alejandro Garcia Padilla of Puerto Rico to the New York Times on June 28th, 2015.[1] In fact, by most independent analysis, the island’s $117 billion in…

Announcing Volume 53.1!

Volume 53, Number 1 of the Journal on Legislation, featuring articles on medical marijuana, firearm lending, and more, is out! Read it. Subscribe.

Labeling GM Foods: Democracy and Autonomy

Labeling GM Foods: Democracy and Autonomy by Alex G. Leone, JD ’16  I. Introduction A bipartisan majority of Americans asserts a right to know what it is eating and wants mandatory labeling of genetically modified (“GM”) foods:[1] a simple, on-label statement of whether a food or food ingredient is the product of genetic engineering.[2] A…

For-Profit, Anti-Student

For-Profit, Anti-Student by Nino C. Monea, JD ’17 The legal job market is notoriously rocky. Virtually all law schools have trouble securing full-time jobs for their students. However, not all schools are equal in this regard, and many use deceptive techniques. Some of the worst cases involve private, for-profit law schools. One particularly troubling example…

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

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…

The Apprentice(ship)

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…

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

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…

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

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…

Going Green: An Analysis of Colorado’s Amendment 64

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…