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Full-Text Articles in Election Law
I Hope Tilden Was Right, Jerry H. Goldfeder
I Hope Tilden Was Right, Jerry H. Goldfeder
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Historical Roots Of Citizens United Vs. Fec: How Anarchists And Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout
Historical Roots Of Citizens United Vs. Fec: How Anarchists And Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout
Faculty Scholarship
This paper looks at how the early rhetoric around the First Amendment enabled later development of corporate political speech rights.
Anti-Corruption Principle, The, Zephyr Teachout
Anti-Corruption Principle, The, Zephyr Teachout
Faculty Scholarship
There is a structural anti-corruption principle, akin to federalism or the separation-of-powers principle, embedded in the Constitution. The Constitution was designed, in large part, to protect against corruption. This structural principle - like the other structural principles - should inform how judges "do" modern political process cases. This paper documents the corruption concerns at the Constitutional convention in detail. It then examines how the modern Supreme Courts' conception of corruption is fractured and ahistorical, and has led to an incoherent jurisprudence. Instead of starting with Buckley v. Valeo, as so many modern cases do, the Court should return to the …
Can Direct Democracy Be Made Deliberative?, Ethan J. Leib
Can Direct Democracy Be Made Deliberative?, Ethan J. Leib
Faculty Scholarship
Every election cycle a great number of citizens take to the polls to vote on public policy matters directly. Direct democracy has problems. And an account of deliberative democracy—far from being a source to critique direct democracy—might provide a solution. I have three goals here. First, I hope to identify some problems with the mechanisms of direct democracy that most states and many cities throughout the country employ: the initiative and the referendum. Next, I will offer a potential solution to these institutional problems using aspects of the theory of deliberative democracy, a theory often marshaled to undermine direct democracy. …