Analysis
Legislating a Disaster: Congressional and Tribal Responses to the Gold King Mine Spill
On August 5, the Animas River in La Plata County, Colorado suddenly turned a bright and unnatural shade of orange as an estimated three million gallons of toxic wastewater spilled from the abandoned Gold King Mine. Local, State, and Tribal governments scrambled to react as the wastewater brought a sudden spike in levels of arsenic, […]
Florida Legislature Passes Drone Privacy Bill
The FAA predicts that by 2030, the Unites States could see more than 30,000 drones filling its skies. Drone use by the government and private individuals alike has long been permitted in the United States for some time without significant regulation. However, state governments and privacy advocates have started to express concern as drones have […]
Using 1115 Waivers to Fulfill the Affordable Care Act’s Promise
In the last few months Montana has taken substantial steps toward joining Iowa, Arkansas, Michigan, and Indiana as states that are to fulfilling the promise of Affordable Care Act by expanding their Medicaid programs through special waivers. The Affordable Care Act (ACA) was designed to drastically reduce the number of uninsured people in the United […]
But Do They Have Standing? The House and the ACA
Over the last year a considerable amount of ink and column inches have been spent on the House of Representatives of the United States’ (the House) lawsuit over President Obama’s decision do delay enforcing portions of the Affordable Care Act (ACA). At least a portion of that ink was spent on the absurdity of a […]
Unconstitutional Budget Cuts – the Illinois Pension Controversy
Across the country, state governments are facing financial crises and seeking to devise effective ways of saving costs. In Illinois, lawmakers have recently found themselves in conflict with the Illinois Supreme Court over a 2013 budget-related pension reform law. On May 8, 2015, the Court found the law unconstitutional, compelling legislators to go back to […]
A Win for Common Sense, A Loss for Agency Deference: ACLU v. Clapper
Edward Snowden shocked the world when he leaked highly classified and confidential information in June 2013 regarding government authorized surveillance of telephone calls in the United States. The American Civil Liberties Union then filed suit against James Clapper, the Director of National Intelligence. The district court returned a verdict in favor of the government concluding […]
Technology & Legislative Drafting In The United States
Technology has had a profound impact on legislative drafting in the United States over the past 25 years. In the early 1990s, many American legislative staff were still drafting bills on a typewriter, as their predecessors had done 90 years before.