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Articles 31 - 48 of 48
Full-Text Articles in Law
Our Imperial First Amendment, Paul D. Carrington
Our Imperial First Amendment, Paul D. Carrington
University of Richmond Law Review
I come to the First Amendment not as a member of the cogno- scenti, but as an observer of the secondary effects on judicial institutions of some interpretations of the Amendment made over the last thirty-five years or so. I deplore those specific effects and I will be direct in saying so. But in considering them, I have been struck by the extent of the federal courts' progress in subordinating to their own governance a wide range of other issues of great concern to citizens, all in the name of the First Amendment, a text intended to foster democratic institutions.
Local Innovations And Practical Answers To Campaign Costs, Bill Green
Local Innovations And Practical Answers To Campaign Costs, Bill Green
Fordham Urban Law Journal
In this transcript, former Congressman Bill Green and a member of the New York City Campaign Finance Board moderated a panel a five-person panel on the challenges campaign finance reformers face attempting to limit demand with regard to campaign finance. The panelists discussed the relationship between public campaign subsidies and efforts to encourage candidates to limit spending, provide more disclosure, restrict contribution amounts, and to mandate debate participation in the wake of the Supreme Court’s rejection of mandatory spending limits for federal candidates in Buckley v. Valeo, The panel also addressed reform efforts that seek to ease the demand for …
Campaign Finance: The Impact On The Legislative And Regulatory Process, John B. Anderson
Campaign Finance: The Impact On The Legislative And Regulatory Process, John B. Anderson
Faculty Scholarship
During a Senate campaign more than four decades ago, revelations of a $5,000 contribution offer to Senator Karl Mundt of South Dakota precipitated a Senate investigation. At that time, Congress was considering legislation dealing with the regulation of natural gas. The discovery of the contribution offer ignited such a furor that it prompted President Eisenhower to declare he would veto any bill relating to natural gas regulation enacted under a cloud of suspicion. He carried out his threat, and it was another decade before Congress finally enacted legislation deregulating natural gas at the wellhead. Since that time, as the costs …
Politics And The Constitution, Lewis H. Larue
A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel
A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel
Michigan Law Review
Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Indiana Law Journal
No abstract provided.
Inside Campaign Finance: Myths And Realities, Michael R. Phillips
Inside Campaign Finance: Myths And Realities, Michael R. Phillips
Michigan Law Review
A Review of Inside Campaign Finance: Myths and Realities by Frank J. Sarauf
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
University of Richmond Law Review
During the First Congress' debate over the bill to establish the Treasury Department, James Madison described the principal responsibility of the Comptroller of the Treasury as "deciding upon the lawfulness and justice of claims and accounts subsisting between the United States and particular citizens: this partakes strongly of the judicial character, and there may be strong reasons why an officer of this kind should not hold his office at the pleasure of the Executive Branch of Government." With the passage of the Budget and Accounting Act of 1921, the General Accounting Office (GAO) was created and the responsibility to settle …
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
St. Mary's Law Journal
The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …
Can Buckley Clear Customs?, Harold H. Bruff
State Campaign Finance Schemes And Equal Protection, John M. Hamilton
State Campaign Finance Schemes And Equal Protection, John M. Hamilton
Indiana Law Journal
No abstract provided.
Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman
Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman
University of Michigan Journal of Law Reform
This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …
Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand
Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp
The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp
Indiana Law Journal
Symposium: Separation of Powers
The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk
The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk
Indiana Law Journal
Symposium: Separation of Powers
Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review
Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review
Michigan Law Review
This Note examines the constitutional power of Congress to control the selection of government officers. It first discusses the article II grant itself and concludes that the Court in Buckley correctly interpreted that provision to prohibit direct appointment by Congress of officers who are found to possess "significant authority." The Note then explores possible means not explicitly foreclosed in Buckley by which Congress might influence such appointments and argues that these alternatives are restricted by the same constitutional principles that prohibit direct congressional appointments.
Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton
Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton
Vanderbilt Law Review
The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …