Law Commons^™

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …

An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith

William & Mary Environmental Law and Policy Review

The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …

If It Looks Like A Super Pac, Acts Like A Super Pac, And Is Restricted Like A Super Pac, Then Treat It Like A Super Pac: Why Contribution Limits On A Hybrid Pac’S Independent-Expenditure Arm Are Impermissible, Jacob N. Kipp

William & Mary Bill of Rights Journal

No abstract provided.

The Threat Of Independent Political Spending, Bruce Ledewitz

Bruce Ledewitz

High Courts And Election Law Reform In The United States And India, Manoj Mate

Manoj S. Mate

“Leveling The Playing Field”: Reconsidering Campaign Finance Reform In The Wake Of Arizona Free Enterprise, Jonathan E. Skrabacz

Saint Louis University Public Law Review

No abstract provided.

Congressional Disclosure Of Time Spent Fundraising, Robert Brent Ferguson

Robert Brent Ferguson

This Article advocates passage of a law requiring members of Congress to disclose the amount of time they spend fundraising.

In the wake of Citizens United and other court decisions severely limiting lawmakers’ ability to regulate campaign spending, many scholars have turned their focus to campaign finance disclosure laws. According to some, laws requiring campaigns and donors to reveal the source of contributions and expenditures are the last bastion of federal campaign finance law. Yet despite a history of broad acceptance, disclosure laws rest on an increasingly shaky foundation.

The most troubling aspect of current disclosure law is that it …

Blind Trusts As A Model For Campaign Finance Reform, Perry A. Pirsch

Perry A Pirsch

BLIND TRUSTS AS A MODEL FOR CAMPAIGN FINANCE REFORM

Perry A. Pirsch, MA

University of Nebraska, 2012

In this thesis, I explore whether blind trusts present a viable option for campaign finance reform. More specifically, would either permitting (voluntary) or requiring (mandatory) anonymous donations for political campaigns allow for fully funded, yet privately funded, campaigns while preventing problems, whether real or perceived, such as buying influence (quid pro quo) or buying access, which are traditionally associated with large campaign donations?

To study this question, I have examined the constitutional origins of the need to fund federal campaigns, Congress’ power to …

Citizens, United And Citizens United: The Future Of Labor Speech Rights?, Charlotte Garden

William & Mary Law Review

Within hours of its announcement, the Supreme Court’s decision in Citizens United v. FEC came under attack from progressive groups. Among these groups were some of America’s largest laborunions—even though the decision applies equally to unions and for profit corporations. The reason is clear: there exist both practical andstructural impediments that will prevent unions from benefittingfrom Citizens United to the same extent as corporations. Therefore,Citizens United stands to unleash a torrent of corporate electioneering that could drown out the countervailing voice of organized labor.

This Article, however, takes a broader view of Citizens United to explore a possible silver lining …

Money And Rights, Deborah Hellman

Faculty Scholarship

This chapter looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.

Money And Rights, Deborah Hellman

Faculty Scholarship

This article looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.

Money And Rights, Deborah Hellman

Deborah Hellman

This chapter looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.

Money And Rights, Deborah Hellman

Deborah Hellman

This article looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.

Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown

William & Mary Law Review

Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …

Governor Richardson's Task Force On Ethics Reform: Report Of Recommendations, Garrey E. Carruthers, Suellyn Scarneccia

Governor Richardson's Task Force on Ethics Reform (2006)

Governor Bill Richardson created the Governors Task Force on Ethics Reform to develop a comprehensive approach to reforming New Mexico's ethics and campaign finance laws. During the course of its work, the task force discussed issues pertinent to campaign finance, governmental conduct, legislative compensation and prevention and enforcement. After discussing the broad range of issues to be included in a recommended reform package, the task force members agreed to make recommendations to establish a state ethics commission; to limit the receipt of gifts by state officials; to establish campaign contribution limits; to strengthen campaign reporting laws; to provide legislative expense …

Agenda--October 3, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the October 3, 2006 meeting of the Governor's Task Force on Ethics Reform.

Draft Minutes Of The Seventh Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the September 20-21, 2006 meeting of the Governor's Task Force on Ethics Reform.

Agenda--September 20-21, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the September 20-21, 2006 meeting of the Governor's Task Force on Ethics Reform.

Agenda--August 29, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the August 29, 2006 meeting of the Governor's Task Force on Ethics Reform.

Approved Minutes Of The Fifth Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the August 16, 2006 meeting of the Governor's Task Force on Ethics Reform.

Agenda--August 16, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the August 16, 2006 meeting of the Governor's Task Force on Ethics Reform.

Governor's Task Force On Ethics Reform Materials: Part Two (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations of material from state ethics commissions and the National Conference of State Legislatures.

Governor's Task Force On Ethics Reform Materials: Part One (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations from state ethics commissions as well as publications from the State Conference of State Legislatures.

New Mexico's Current Anti-Corruption/Ethics Laws: A Bibliography, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

A listing of citations for current (as of 2006) New Mexico anti-corruption and ethics laws.

Public Comments From July 26, 2006, Suellyn Scarnecchia

Governor Richardson's Task Force on Ethics Reform (2006)

After the taskforce adjourned on July 26, 2006, a group of people arrived to participate in the public comment portion of the meeting. The following is a summary of those comments and recommendations.

Approved Minutes Of The Fourth Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the July 26, 2006 meeting of the Governor's Task Force on Ethics Reform.

Agenda--July 26, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the July 26, 2006 meeting of the Governor's Task Force on Ethics Reform.

Approved Minutes Of The Third Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the June 28-29, 2006 meeting of the Governor's Task Force on Ethics Reform.

Agenda--June 28-29, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the June 28-29, 2006 meeting of the Governor's Task Force on Ethics Reform.

Subcommittee Membership, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a list of subcommittee members of Governor Richardson's Task Force on Ethics Reform.