Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 7 of 7
Full-Text Articles in Election Law
Citizens United And The Illusion Of Coherence, Richard L. Hasen
Citizens United And The Illusion Of Coherence, Richard L. Hasen
Michigan Law Review
The self-congratulatory tone of the majority and concurring opinions in last term's controversial Supreme Court blockbuster, Citizens United v. Federal Election Commission, extended beyond the trumpeting of an absolutist vision of the First Amendment that allows corporations to spend unlimited sums independently to support or oppose candidates for office. The triumphalism extended to the majority's view that it had imposed coherence on the unwieldy body of campaign finance jurisprudence by excising an "outlier" 1990 opinion, Austin v. Michigan Chamber of Commerce, which had upheld such corporate limits, and parts of a 2003 opinion, McConnell v. FEC, extending Austin to unions …
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Michigan Law Review
Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Michigan Law Review
This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …
Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review
Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review
Michigan Law Review
This Recent Development will discuss the validity and potential impact of the court's selection of the compelling interest test to measure the compliance of Detroit's age restriction on candidacy with the fourteenth amendment. It will also explore the possible state goals sought to be achieved by requiring a minimum age for candidates and examine whether these goals can be viewed as "compelling governmental interests."
The Constitutionality Of Candidate Filing Fees, Michigan Law Review
The Constitutionality Of Candidate Filing Fees, Michigan Law Review
Michigan Law Review
Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Michigan Law Review
Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Michigan Law Review
The above specific question, upon which there is a conflict of authority, cannot be intelligently discussed without first considering some features of the general law as to conditional privilege.