: Appendix: Draft Legislation A BILL To amend chapter 8 of title 5, United States Code, to provide for congressional approval and statutory authorization of... The post The Case for a New Congressional ReviewAct: Draft Legislation appearedfirst on Harvard LawReview
: After New York State Rifle & Pistol Ass’n v. Bruen, § 922(g) challenges proliferate. Enacted as the “centerpiece” of the Gun Control Act of 1968,... The post United States v. Duarte appearedfirst on Harvard LawReview
: The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. The post Drug Scheduling as Institutional Design appearedfirst on Harvard LawReview
: Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug.... The post Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842 appearedfirst on Harvard LawReview
: U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns. The post Federalism and the New National Security appearedfirst on Harvard LawReview
: The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify Gardner appearedfirst on Harvard LawReview