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 m…

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…

Congress is Broken. Fair Districts Could Help Fix It.

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.

Congress is Broken. Fair Districts Could Help Fix It. Nino Monea[*]     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. Today, it is covered …

Why Price Transparency Cannot Cure American Healthcare

Why Price Transparency Cannot Cure American Healthcare Jonathan Klein[*]   “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 law…

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

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”.

Saving the Affordable Care Act if the King v. Burwell Challenge Succeeds Freilich Jones[*]   Abstract 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…