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Full-Text Articles in Law
Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan
Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan
University of Michigan Journal of Law Reform
The recent landmark decision by the Supreme Court in McConnell v. FEC opens the way for new and more decisive regulation of the vast amounts of private and corporate money poured into the political system. However, the theoretical grounds for campaign finance regulation - as reflected in the Court's opinion - remain highly perplexing. The purpose of the current article is to tie together the evolving constitutional principle of equality in election with modern process theory and to apply them to the field of campaign finance. The inherent tension between the stringent requirement for political equality on the one hand …
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Book Chapters
Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's …