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Harvard Journal on Legislation

Harvard Journal on Legislation

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Fixing the United States Postal Service: How Congress Must Act to Bring Financial Stability to the Agency and Comprehensive Mail Service to the American People

Posted: October 29, 2020

Congresswoman Alma S. Adams, Ph.D. and Gordon E. Holzberg I. INTRODUCTION The United States Postal Service (“USPS”) — first established as the United States Post Office with the Post Office Act of 1792 — has long served the American people. As of 2020, the Postal Service employs over 600,000 people, operates over 31,000 retail locations, and handles […]

A Chapter 11 Makeover: Timely Revisions to the Bankruptcy Code to Assist Small Businesses Through Crises

Posted: June 28, 2020

Rarely does Congress act proactively. But with the passage of the Small Business Reorganization Act (SBRA)[1] in 2019, the legislature may have—unknowingly at the time—saved many small businesses from the devastating economic effects of the coronavirus. For years, critics have bemoaned the Bankruptcy Code’s (Code) rigid framework for reorganizing financially distressed companies—specifically its one-size-fits-all treatment of the corner store and the Fortune 500 conglomerate.[2] Yet the SBRA attempted to streamline the lengthy and costly reorganization process, creating a fast-track path for small businesses in Chapter 11.

Investigating the Attendant Circumstances of RICO from Its Early History and Drafting to Transnational Organized Crime and Extraterritorial Applications: A Perspective on U.S. Prosecutions, Ideology, and Globalization

Posted: May 20, 2020

By: Alina Veneziano* Abstract This Article traces the history of extraterritorial regulation, as applied to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), through an examination of underlying domestic circumstances, such as criminal prosecutions, ideology, and globalization. Legal analyses have focused either on the problems of prosecutorial decision-making domestically or the history, shortcomings, and recommendations […]

Chairpointment: Rethinking the Appointment of Independent Agency Chairpersons

Posted: February 25, 2020

Chairpointment: Rethinking the Appointment of Independent Agency Chairpersons Samuel Rubinstein* The modern independent agency chairperson possesses great executive and administrative power.  Among other things, she usually can appoint and supervise officials, preside at meetings, and distribute the work among her fellow commissioners or board members.  Given this increased power as the chairperson, she is still […]

The Standard Business Deduction

Posted: August 31, 2019

The Standard Business Deduction Kathleen DeLaney Thomas* In 2017, Congress passed the most sweeping tax reform bill[1]the country has seen in over 30 years.[2]The new legislation responded to many long-held concerns about the U.S. tax system, particularly that taxes were too high and that the corporate and international tax regimes were not competitive.[3]In response to […]

WARNing: The “Liquidating Fiduciary” Exception Should Not Exist

Posted: November 6, 2018

WARNing: The “Liquidating Fiduciary” Exception Should Not Exist Jonathan C. Gordon*   Abstract The Worker Adjustment and Retraining Notification Act requires employers of a sufficient size to provide sixty days’ notice to employees affected by plant closings or mass layoffs. The Department of Labor, meanwhile, said that fiduciaries that are liquidating a business do not […]

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Volume 57, Number 2

Policy Essay

Dark Money and U.S. Courts: The Problem and Solutions
Senator Sheldon Whitehouse
273

Articles

Perverse Incentives: Why Everyone Prefers High Drug Prices—Except For Those Who Pay the Bills
Robin Feldman
303
A New State Registration Act: Legislating a Longer Arm for Personal Jurisdiction
Charles W. “Rocky” Rhodes & Cassandra Burke Robertson
377
Gift and Estate Taxes: The Case for Deunification
Jay A. Soled
439

Note

Reconceptualizing Pretext’s Role in Administrative Law
Louis Murray
481

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