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Full-Text Articles in Law
Democracy, Deference, And Compromise: Understanding And Reforming Campaign Finance Jurisprudence, Scott P. Bloomberg
Democracy, Deference, And Compromise: Understanding And Reforming Campaign Finance Jurisprudence, Scott P. Bloomberg
Faculty Publications
In Citizens United, the Supreme Court interpreted the government’s interest in preventing corruption as being limited to preventing quid pro quo—cash-for-votes—corruption. This narrow interpretation drastically circumscribed legislatures’ abilities to regulate the financing of elections, in turn prompting scholars to propose a number of reforms for broadening the government interest in campaign finance cases. These reforms include urging the Court to recognize a new government interest such as political equality, to adopt a broader understanding of corruption, and to be more deferential to legislatures in defining corruption. Building upon that body of scholarship, this Article begins with a descriptive account of …
Word Limited: An Empirical Analysis Of The Relationship Between The Length, Resiliency, And Impact Of Federal Regulations, Anthony Moffa
Word Limited: An Empirical Analysis Of The Relationship Between The Length, Resiliency, And Impact Of Federal Regulations, Anthony Moffa
Faculty Publications
Since the rise of the modern administrative state we have seen a demonstrable trend towards lengthier regulations. However, popular critiques of the administrative state that focus on the overall size of the Federal Register are misguided. They rest on the premise that more, and longer, regulations unduly burden industry and the economy in general. However, movement towards lengthier and more detailed regulations could be rational and largely unproblematic. This study tests two potential rational explanations for the trend towards longer regulations: dubbed (1) “the insulation hypothesis” and (2) “the socially beneficial hypothesis.” Each of these explanations embodies a theoretically rational …
Unregistered Complaints, Christine Galbraith Davik
Unregistered Complaints, Christine Galbraith Davik
Faculty Publications
In March, the U.S. Supreme Court handed down its highly-anticipated decision in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC which resolved a split among U.S. Court of Appeals concerning the point in time when a copyright owner is first able to file suit against an alleged infringer. While at first glance this case may merely appear to be a simple issue of statutory interpretation, namely whether it is upon application for registration or once a determination has been made on registration by the U.S. Copyright Office, I argue this decision is a clarion call for a much-needed amendment to …