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Full-Text Articles in Law
Beyond Campaign Finance Reform, Tabatha Abu El-Haj
Beyond Campaign Finance Reform, Tabatha Abu El-Haj
Tabatha Abu El-Haj
Friends, Associates And Associations: Theoretically And Empirically Grounding The Freedom Of Association, Tabatha Abu El-Haj
Friends, Associates And Associations: Theoretically And Empirically Grounding The Freedom Of Association, Tabatha Abu El-Haj
Tabatha Abu El-Haj
This Article argues that while the freedom of association is back at the center of the First Amendment, it suffers from the fact that it has been both theoretically and doctrinally subsumed by the freedom of speech. The First Amendment’s self-governance interest is necessarily broader than an interest in political debate and a vibrant marketplace of political ideas.
Association and associations enable the political participation that can turn ideas and debate into the action required to create democratic accountability. Free association doctrine is, therefore, uniquely positioned to promote representative government by protecting conditions necessary for an active citizenry.
A reoriented …
Changing The People: Legal Regulation And American Democracy, Tabatha Abu El-Haj
Changing The People: Legal Regulation And American Democracy, Tabatha Abu El-Haj
Tabatha Abu El-Haj
The world in which we live, a world in which law pervades the practice of democratic politics – from advance regulation of public assemblies to detailed rules governing elections – is the product of a particular period of American history. Between 1880 and 1930, states and municipalities increased governmental controls over the full range of nineteenth-century avenues for democratic participation. Prior to this legal transformation, the practice of democratic politics in the United States was less structured by law and more autonomous from formal state institutions than it is today. Exposing this history challenges two core assumptions driving the work …