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Full-Text Articles in Law
Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding
Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding
Loyola of Los Angeles Law Review
The law of campaign finance pits two important First Amendment interests against each other: disclosure and privacy. The Supreme Court has recognized the need to balance these two interests to allow for effective elections and to safeguard individual rights. However, through the years the Court has failed to balance these interests equally, resulting in vacillating decisions that unfairly sacrifice one for the other. From Burroughs v. United States in 1934 to Citizens United v. FEC in 2010, the Court has failed to provide a workable roadmap for legislatures in the creation of campaign finance disclosure laws and for lower courts …
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
Catholic University Law Review
Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
Georgia Journal of International & Comparative Law
No abstract provided.
When Rhetoric Obscures Reality: The Definition Of Corruption And Its Shortcomings, Jessica Medina
When Rhetoric Obscures Reality: The Definition Of Corruption And Its Shortcomings, Jessica Medina
Loyola of Los Angeles Law Review
Due to public scorn after the unraveling of the Watergate scandal, the Supreme Court considered the constitutionality of the Federal Election Campaign Act’s restrictions on political contributions and expenditures. Buckley v. Valeo established that no legitimate government interest existed to justify restrictions on campaign expenditures, and only the prevention of corruption or the appearance of corruption could justify restrictions on campaign contributions. Since then, the Court has struggled to articulate a definition of corruption that balances First Amendment protections with the potential for improper influence. This Article argues that the Court’s current definition of corruption is too narrow, and proposes …
"The Only Thing We Have To Fear Is Fear Itself": The Constitutional Infirmities With Felon Disenfranchisement And Citing Fear As The Rationale For Depriving Felons Of Their Right To Vote, Erika Stern
Loyola of Los Angeles Law Review
Felon disenfranchisement, a mechanism by which felons and former felons are deprived of their right to vote, is a widespread practice that has been challenged on many grounds. However, felon disenfranchisement has not yet been properly challenged under the First Amendment. This Article argues that states implicate felons’ First Amendment rights through felon disenfranchisement without citing adequate or compelling rationales to justify this severe intrusion. In fact, at least one rationale, a rationale based on the fear of the way felons might vote, is itself inconsistent with First Amendment principles. Disenfranchising felons based on a fear of the way that …
The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov
The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov
University of Richmond Law Review
No abstract provided.