Election Law Commons^™

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

All Faculty Scholarship

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature …

If Not A Commercial Republic? Political Economy In The United States After Citizens United, David A. Westbrook

Journal Articles

In

Citizens United v. Federal Election Commission , a majority of the Supreme Court conceived the United States to be an oligarchy and ruled accordingly. What this decision might come to mean for political economy in the United States is explored through three interrelated responses to the decision. In the first,

Citizens United is a turning point for constitutional law scholarship, and by extension, for what is expected from our legal system. After

Citizens United , legal scholars may abandon the idea that the Court takes legal argument seriously, and that law thereby constrains, as well as expresses, social privilege. …

Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

All Faculty Scholarship

No abstract provided.