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Articles 1 - 6 of 6
Full-Text Articles in Law
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Faculty Scholarship
This article ... will analyze both the statutory and constitutional questions concerning whether 527organizations are ‘‘political committees’’ under FECA and thus subject to the $5,000 cap on the contributions they receive from each donor. The article will also consider whether other forms of tax-exempt organizations besides 527s—most notably so-called 501(c)(4) organizations—provide an alternative means of circumventing this $5,000 contribution limit.
Virtuous Judges And Electoral Politics: A Contradiction?, Marie Failinger
Virtuous Judges And Electoral Politics: A Contradiction?, Marie Failinger
Faculty Scholarship
Judge Thomas J. Spargo serves as a fascinating poster-child in the debate on what’s wrong (or right) with judicial elections. Judge Spargo, campaigning for re-election as Justice of the Berne Town Court in upstate New York, was accused of “failing to observe the high standards of conduct” expected as a judge because he handed out doughnuts to voters. Judge Spargo’s case and others illustrate that popular debates about the merits of judicial elections versus judicial selection commissions have probably been mis-focused on two “second-order questions rather than concentrating on “first-order” concerns in judicial selection. This article discusses these questions and …
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
Faculty Scholarship
Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …
Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking
Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking
Faculty Scholarship
The relationship between black constituency size and congressional support for black interests has two important attributes: magnitude and stability. Although previous research has examined the first characteristic, scant attention has been directed at the second. This article examines the relationship between district racial composition and congressional voting patterns with a particular emphasis on the stability of support across different types of votes and different types of districts. We hypothesize that, among white Democrats, the influence of black constituency size will be less stable in the South, owing in part to this region’s more racially divided constituencies. Examining LCCR scores from …
Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles
Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene
Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene
Faculty Scholarship
Could so many well-established scholars be wrong? Is it possible that Bush v. Gore is defensible, after all? The two pillars of the decision-the Equal Protection Clause justification for the merits holding and the "safe harbor" remedial ruling - indeed seem weak. The alternative merits view-that the Florida Supreme Court had engaged in statutory amendment under the guise of statutory interpretation, thus violating Article II of the federal Constitution-runs aground against the plausible (albeit not necessarily correct) readings of the state high court. If one agrees that these merits and remedial arguments are indefensible, then mustn't one agree with the …