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Election Law

Series

2014

Citizens United v. Federal Election Commission

Articles 1 - 2 of 2

Full-Text Articles in Law

Contracting Around "Citizens United", Ganesh Sitaraman Jan 2014

Contracting Around "Citizens United", Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

The Supreme Court's decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, commentators, scholars, and activists have outlined a wide range of legislative and regulatory proposals to limit the influence of third party spending, including constitutional amendments, public financing programs, and expanded disclosure rules. To date, however, they have not considered the possibility that third party spending can be restrained by a self-enforcing private contract between the opposing campaigns. This Essay argues that private ordering, rather than public …


Election Law's Lochnerian Turn, Ellen D. Katz Jan 2014

Election Law's Lochnerian Turn, Ellen D. Katz

Articles

This panel has been asked to consider whether "the Constitution [is] responsible for electoral dysfunction."' My answer is no. The electoral process undeniably falls well short of our aspirations, but it strikes me that we should look to the Supreme Court for an accounting before blaming the Constitution for the deeply unsatisfactory condition in which we find ourselves.