Topic
Legislative Process
Posts
-
ArticleVol. 104 · Iss. 1
Fiscally Restraining Criminal Lawmaking
Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing sentence…
Russell M. Gold & Leah Nelson -
ArticleVol. 103 · Iss. 6
The Origination Clause and the President’s Tariffs
Abstract The President’s dramatic use of tariffs has unleashed a host of constitutional and statutory interpretation challenges that promise to make new law. In…
Susan C. Morse, Shu-Yi Oei & Diane M. Ring -
ArticleVol. 103 · Iss. 6
The Crisis of Appropriations Law
Introduction Appropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation rules, approves of…
Samuel R. Bagenstos -
NoteVol. 103 · Iss. 3
Good Kids, m.A.A.d State: Effects of Georgia House Bill 462 and Keeping the Age of Criminal Responsibility for Gang-Related Crimes Under Eighteen
Despite decades of proposed legislation and cries for juvenile justice reform, Georgia cannot cross the finish line—it is one of only three U.S. states…
Danielle S. Williams -
ArticleVol. 101 · Iss. 3
The Ghosts of the Affordable Care Act
The Patient Protection and Affordable Care Act (ACA) is perhaps the most important piece of social legislation enacted in the United States in the…
Gabriel Scheffler -
NoteVol. 99 · Iss. 5
Robocalls Have Been Blocked, But Businesses Can-Spam Emails with Little Regulation
INTRODUCTION As the Supreme Court stated in the 2020 case Barr v. American Association of Political Consultants, “Americans passionately disagree about many things. But…
Drew Smith -
ArticleVol. 99 · Iss. 1
The Contingent Origins of Financial Legislation
ABSTRACT Courts and scholars often view major financial legislation warily. One popular theory holds that Congress only legislates in this area when pushed by opportunistic activists…
Peter Conti-Brown & Brian D. Feinstein -
CommentaryVol. 87 · Iss. 3
Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress
In this gloomy hiring season there is at least one increasingly bright spark, one that may light the way to a new kind of…
Dakota S. Rudesill -
NoteVol. 87 · Iss. 1
Veterans at the Gates: Exploring the New GI Bill and Its Transformative Possibilities
The Post-9/11 Veterans Educational Assistance Act of 2008 (“Act”)—popularly referred to as the “GI Bill for the 21st century”—restores veterans’ educational benefits to the…
Joseph B. Keillor -
ArticleVol. 95 · Iss. 5
Congress in the Administrative State
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…
Brian D. Feinstein -
ArticleVol. 91 · Iss. 5
Why Do Cities Innovate in Public Health? Implications of Scale and Structure
Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That…
Paul A. Diller -
ArticleVol. 91 · Iss. 4
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…
Sergio J. Campos & Gregory Koger