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Full-Text Articles in Election Law
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Fordham Law Review
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
The Unenforceable Corrupt Contract: Corruption And Nineteenth Century Contract Law, Zephyr Teachout
The Unenforceable Corrupt Contract: Corruption And Nineteenth Century Contract Law, Zephyr Teachout
Faculty Scholarship
This paper explores the 19th century practice of courts refusing to enforce "corrupt" contracts as against public policy.