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Full-Text Articles in Law

Corruption Temptation, Guy-Uriel Charles Jan 2014

Corruption Temptation, Guy-Uriel Charles

Faculty Scholarship

In response to Professor Lawrence Lessig’s Jorde Lecture, I suggest that corruption is not the proper conceptual vehicle for thinking about the problems that Professor Lessig wants us to think about. I argue that Professor Lessig’s real concern is that, for the vast majority of citizens, wealth presents a significant barrier to political participation in the funding of campaigns. Professor Lessig ought to discuss the wealth problem directly. I conclude with three reasons why the corruption temptation ought to be resisted.


The Forgotten Law Of Lobbying, Zephyr Teachout Jan 2014

The Forgotten Law Of Lobbying, Zephyr Teachout

Faculty Scholarship

For most of American history, until the 1950s, courts treated paid lobbying as a civic wrong, not a protected First Amendment right. Lobbying was presumptively against public policy, and lobbying contracts were not enforced. Paid lobbying threatened the integrity of individuals, legislators, lobbyists, and the integrity of society as a whole. Some states had laws criminalizing lobbying; Georgia had an anti-lobbying provision in its Constitution. Inasmuch as there was a personal right to either petition the government, or share views with officers of the government, this right was not something one could sell -- it was not, in the term …


Three Questions For The Right To Vote Amendment, Richard Briffault Jan 2014

Three Questions For The Right To Vote Amendment, Richard Briffault

Faculty Scholarship

Should the United States Constitution be amended to guarantee the right to vote? To the average citizen – and probably many lawyers – this almost certainly would be taken as an absurd question. Most people probably assume that the right to vote is, at least in principle, already guaranteed by the Constitution even if our practices fall short of our ideals. But, in fact, although the Constitution frequently refers to the “right … to vote” – and the Supreme Court’s jurisprudence has long treated voting as a fundamental right – the right to vote per se is nowhere guaranteed. A …


Neoliberal Political Law, Zephyr Teachout Jan 2014

Neoliberal Political Law, Zephyr Teachout

Faculty Scholarship

No abstract provided.


Voting Rights Law And Policy In Transition, Guy-Uriel E. Charles, Luis E. Fuentes-Rohwer Jan 2014

Voting Rights Law And Policy In Transition, Guy-Uriel E. Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

No abstract provided.