Journal on Legislation Online
The Journal on Legislation Online is the online supplement to the print volume of the Journal. Articles are long-form and academic in style.
For the Journal‘s blog, please see Markup.
Recent Volumes (Online Supplement)
Volume 63 (current)
Article
The Sound and Fury of Regulating AI in the Workplace
By Bradford J. Kelley & Andrew B. Rogers
Policy Essay
The Retreat of Cooperative Federalism: Water Rights in a Fragmented Regulatory Era
By Representative Hillary J. Scholten
Volume 62
Symposium Articles
Looking for Your Friends at a Cocktail Party: The Dubious Role of Rejected Legislation and the Overlooked Potential of the Appropriations Process
By Greg Dotson
The Bonfire of the Equities: Judicial Stays of Federal Environmental Regulations
By Sean H. Donahue & Megan M. Herzog
Major Floodgates: The Indeterminate Major Questions Doctrine Inundates Lower Courts
By Patrick Jacobi & Jonas Monast
Discretion Is Not (Chevron) Deference
By Donald L. R. Goodson
Two Takes on Administrative Change from the Roberts Court
By Daniel T. Deacon & Leah M. Litman
Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court
By Nina A. Mendelson
Policy Essays
The Alaska Model for Democracy In Elections
By Senator Cathy Giessel & Senator Bill Wielechowski
Volume 61
Policy Essay
The Need to Reform the Debt Limit
By Representative Brendan F. Boyle
Articles
340B: The Shoulder of Frankenstein’s Monster
By Alicia Gilbert
Enhancing Public Access to Agency Law
By Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka & Orly Lobel
Taking On The Military Funeral Protest: A Multifarious Statute Leans In
By Derek P. Langhauser
Interpreting Code
By Daniel B. Listwa & Adam Flaherty
All Articles
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The Retreat of Cooperative Federalism: Water Rights in a Fragmented Regulatory Era
Representative Hillary J. Scholten[*] Abstract Before Congress stepped in to protect America’s waters, pollution in our rivers and wetlands poisoned […]
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The Sound and Fury of Regulating AI in the Workplace
Bradford J. Kelley[*] , Andrew B. Rogers[**] ABSTRACT New technologies, including those driven by artificial intelligence (“AI”), have transformed […]
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Strengthening the Fabric of American Civil Rights: The Equality Act
Representative Mark Takano (CA-39)[*] Mieko Kuramoto[**] I. Introduction As a kid growing up in the ’70s, my first exposure […]
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The Alaska Model For Democracy In Elections
Senator Cathy Giessel [*] & Senator Bill Wielechowski [**] I. Introduction Democracy in the United States depends on constitutional cornerstones […]
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Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court
Nina A. Mendelson [*] In the last few years, the Supreme Court has been a source of seismic change. […]
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Overruling Chevron Without a Coherent Theory of Statutory Interpretation and the Court-Congress Relationship
Abbe R. Gluck [*] Abstract The Supreme Court does not have a coherent theory of the Court-Congress relationship in […]
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Two Takes on Administrative Change from the Roberts Court
Daniel T. Deacon[*] & Leah M. Litman[**] I. Introduction In Loper Bright Enterprises v. Raimondo, the Supreme Court finally […]
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Discretion Is Not (Chevron) Deference
Donald L. R. Goodson [*] Discretion is not deference. Many often confuse the two, but the distinction is important, […]
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Looking for Your Friends at a Cocktail Party: The Dubious Role of Rejected Legislation and the Overlooked Potential of the Appropriations Process
Greg Dotson [*] I. Introduction Justice Antonin Scalia famously argued that looking at legislative history is like “walking into […]
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The Bonfire of the Equities: Judicial Stays of Federal Environmental Regulations
Sean H. Donahue & Megan M. Herzog [*] I. Introduction The Supreme Court’s emergency docket is now a central […]
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Major Floodgates: The Indeterminate Major Questions Doctrine Inundates Lower Courts
Patrick Jacobi & Jonas Monast [*] I. Introduction It has been two years since the U.S. Supreme Court formally […]
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Interpreting Code
Daniel B. Listwa [*] & Adam Flaherty [**] Abstract In recent years, a scholarly movement has arisen focused on […]
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Taking On The Military Funeral Protest: A Multifarious Statute Leans In
Derek P. Langhauser [*] I. Introduction In 2005, the Westboro Baptist Church (“Westboro”) from Topeka, Kansas, began protesting the […]
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Enhancing Public Access to Agency Law
Bernard Bell [*], Cary Coglianese [**], Michael Herz [***], Margaret Kwoka [****], Orly Lobel [*****] “Agency policies which […]
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The Need to Reform the Debt Limit
Representative Brendan F. Boyle [*] I. Introduction The statutory debt limit is one of the most misunderstood and misused pieces […]
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340B: The Shoulder of Frankenstein’s Monster
Alicia Gilbert, JD, RDN [*] Abstract Like other components of our healthcare system, the 340B program has rapidly grown and […]
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Overcoming the Partisan Divide to Address Long-Range Risks: A Case Study in Planning for ‘The Really Big One’
* David Frockt and ** Kenneth Fockele America has a systemic governance problem. The country that once came together to […]
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The Conservative Case for the Judiciary Accountability Act
*Aliza Shatzman I. INTRODUCTION The judiciary is an unaccountable workplace where some judges abuse their positions of power, mistreat their […]
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Reparando los Daños Causados por las Intervenciones Militares Ilícitas del Pasado: El Caso de la República Dominicana
Congresista Adriano Espaillat* y Francesco Arreaga** I. INTRODUCCIÓN Como el primer domínico-estadounidense en servir en el Congreso de los Estados […]
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Remedying Past Unlawful Military Interventions: The Case of the Dominican Republic
Congressman Adriano Espaillat* and Francesco Arreaga** I. INTRODUCTION As the first Dominican American to serve in the United States Congress […]
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Subnational Diplomacy: The Key to Strengthening U.S. International Relations
Representative Ted Lieu* I. INTRODUCTION When SARS-CoV-2 (“COVID-19” or the “coronavirus”) began spreading in the United States in early 2020, […]
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Scattershot: Guns, Gun Control, and American Politics
Maria Mortenson* INTRODUCTION In 1967, the Black Panther Party for Self-Defense sold Mao’s Little Red Book to raise money to […]
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A Conservative Approach to Early Childhood Education: Building on the Foundations of Success & Boosting Academic Achievement Through Choice
Representative Burgess Owens* I. INTRODUCTION As the son of an educator and a grandfather to sixteen school-aged children, I believe […]
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Legal Constraints on Executive Power to Manage Agency Vacancies
Lauren Shapiro* I. INTRODUCTION Throughout the history of the Republic, high-level government offices have often gone unfilled for periods of […]
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Reconceptualizing Congressional Decision-making Around Well-being: A Health in All Policies Approach
Congressman TJ Cox, Dr. Kathy Murphy, & Rebecca Kahn I. INTRODUCTION Protecting and promoting the public’s health is one of […]
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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
Congresswoman Alma S. Adams, Ph.D. and Gordon E. Holzberg I. INTRODUCTION The United States Postal Service (“USPS”) — first established as […]
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A Chapter 11 Makeover: Timely Revisions to the Bankruptcy Code to Assist Small Businesses Through Crises
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.
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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
By: Alina Veneziano* Abstract This Article traces the history of extraterritorial regulation, as applied to the Racketeer Influenced and Corrupt […]
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Chairpointment: Rethinking the Appointment of Independent Agency Chairpersons
Chairpointment: Rethinking the Appointment of Independent Agency Chairpersons Samuel Rubinstein* The modern independent agency chairperson possesses great executive and administrative […]
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The Standard Business Deduction
The Standard Business Deduction Kathleen DeLaney Thomas* In 2017, Congress passed the most sweeping tax reform bill[1]the country has seen […]
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WARNing: The “Liquidating Fiduciary” Exception Should Not Exist
WARNing: The “Liquidating Fiduciary” Exception Should Not Exist Jonathan C. Gordon* Abstract The Worker Adjustment and Retraining Notification Act […]
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Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College
Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College […]
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Be Warned: A Proposal to Reform Food Product Disclosure Statements
Be Warned: A Proposal to Reform Food Product Disclosure Statements By Gideon Zvi Palte, J.D. ’18[*] I. Introduction Dietary choices […]
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Desmond’s Law: Imprecise Language Makes for Inadequate Advocacy
Desmond’s Law: Imprecise Language Makes for Inadequate Advocacy Nila Bala[*] In 2016, Connecticut was lauded for becoming the first […]
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It is All About the Money: Presidential Conflicts of Interest
It is All About the Money: Presidential Conflicts of Interest By Samantha Block[*] The 2016 presidential election marked an increased […]
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Don’t Hold Your Breath: Furthering the Fight Against Drunken Driving Until Autonomous Vehicles Arrive
Don’t Hold Your Breath: Furthering the Fight Against Drunken Driving Until Autonomous Vehicles Arrive By Russell Spivak, JD ’17[*] Interlocking […]
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Participation in Name Only: How Section 2 of the Voting Rights Act Can Present a Meaningful Challenge to Big Money in Politics
Participation in Name Only: How Section 2 of the Voting Rights Act Can Present a Meaningful Challenge to Big Money […]
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The Coming Collapse of the Paris Climate Agreement
The Coming Collapse of the Paris Climate Agreement By Bryan H. Druzin [*] I. Introduction Now that the Trump administration […]
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The Mathematics of Constitutional Failure
The Mathematics of Constitutional Failure By Carrie Leonetti [*] The federal courts were intended as anti-democratic structures.[1] Their interpretations of the […]
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What is “Disabled?”: Ménière’s Disease and the Americans with Disabilities Act (ADA)
What is “Disabled?”: Ménière’s Disease & the Americans with Disabilities Act (ADA) By Thomas Tobin, JD ’16, Harvard Kennedy School […]
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Churches are not Places of Public Accommodation
Churches are not Places of Public Accommodation [*] By Caleb C. Wolanek, JD ’17 [**] On September 1, the Massachusetts […]
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Making Cities Work
Making Cities Work By Nino Monea JD ‘17 National elections dominate the news. But precious little policy is actually coming […]
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A Beginner’s Guide to Legislative Drafting
A Beginner’s Guide to Legislative Drafting By Deborah Beth Medows, Senior Attorney, Division of Legal Affairs, New York State Department […]