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Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel 2018 University of Southern California

Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel

University of Southern California Legal Studies Working Paper Series

A lack of transparency for online political advertising has long been a problem in American political campaigns. Disinformation attacks that American voters have experienced since the 2016 campaign have made the need for regulatory action more pressing.

Platforms desire self-regulation and have only recently come around to supporting transparency regulations. While government must not regulate the content of political speech, it can, and should, force transparency into the process. We propose several interventions aimed at transparency. Most importantly, campaign finance regulators should require platforms to store and make available ads run on their platforms, as well as the audience at ...


The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford 2018 Chicago-Kent College of Law

The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford

Chicago-Kent Law Review

Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois's political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Polls show the vast majority of Illinoisans support such a change. Reformers have chosen Illinois's citizen ballot initiative as their vehicle to amend the redistricting process, but every proposed initiative has been struck down in court before reaching voters. Most recently, the Illinois Supreme Court rejected a proposed initiative in Hooker v. Illinois State Board of Elections. This Note ...


The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill 2018 Seattle University School of Law

The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill

Seattle University Law Review

The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally ...


Campaign Finance Transparency Affects Legislators' Election Outcomes And Behavior, Abby Wood, Christian R, Grose 2018 University of Southern California

Campaign Finance Transparency Affects Legislators' Election Outcomes And Behavior, Abby Wood, Christian R, Grose

University of Southern California Legal Studies Working Paper Series

Do audits by executive agencies impact the behavior of those audited? Does revealing negative information about candidates affect electoral results and behavior? Institutions that encourage transparency, such as campaign finance disclosure, influence mass and elite behavior. We theorize that greater transparency provides information to voters during legislative campaigns about the character of candidates, and that information affects voter and legislator behavior. The U.S. Federal Election Commission conducted random audits of 10 percent of U.S. House members in the 1970s. This FEC program is the only randomized experiment an agency has conducted on federal legislators and their electorates. We ...


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey 2018 Supreme Court of Delaware; University of Pennsylvania Law School

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

Faculty Scholarship at Penn Law

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 ...


Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen 2018 UC Irvine School of Law

Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen

Chicago-Kent Law Review

This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on ...


The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth 2018 UC Irvine School of Law

The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth

Chicago-Kent Law Review

This Essay examines a polarized world of advocacy over campaign finance regulation in the Roberts Court. It considers what lawyers who filed party and amicus briefs in Citizens United v. Federal Election Commission have to say about the consequences of the decision. It shows that the lawyers generally agree about the ruling’s direct consequences but strongly disagree about whether those consequences are good or bad for the country and what lessons the public should draw. This Essay also explores the competing frames that these lawyers bring to questions about money in politics and their competing perspectives about government and ...


A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale 2018 University of Minnesota Law School

A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale

Law & Inequality: A Journal of Theory and Practice

Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017


A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam 2018 Boston College Law School

A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam

Boston College Law Review

On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law ...


How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard 2018 Louisiana State University and Agricultural and Mechanical College

How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard

LSU Master's Theses

Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may ...


Teaching Apportionment, Charles M. Biles 2018 Humboldt State University

Teaching Apportionment, Charles M. Biles

IdeaFest: Interdisciplinary Journal of Creative Works and Research from Humboldt State University

No abstract provided.


When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta 2018 Brooklyn Law School

When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta

Brooklyn Journal of International Law

Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the ...


State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart 2018 University of Michigan Law School

State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart

Michigan Law Review Online

Partisan gerrymandering is the process of drafting state and congressional districts in a manner that gives one political party an advantage over another. The end goal is simple: help your party win more seats or protect existing ones. The tactic is as old as the United States. In 1788, Patrick Henry convinced the Virginia state legislature to draw the 5th Congressional District to pit his rival James Madison against James Monroe. The term “gerrymander” itself is a hybrid: in 1810, democratic Governor Gerry signed a partisan redistricting plan into law—one that contained a district that infamously looked like a ...


Judicial Candidates’ Right To Lie, Nat Stern 2018 University of Maryland Francis King Carey School of Law

Judicial Candidates’ Right To Lie, Nat Stern

Maryland Law Review

, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge ...


Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba 2018 University of Zambia

Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang 2018 College of William & Mary Law School

A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang

William & Mary Law Review

No abstract provided.


Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel E. Charles, Luis Fuentes-Rohwer 2018 College of William & Mary Law School

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

William & Mary Law Review

No abstract provided.


From Educational Adequacy To Representational Adequacy: A New Template For Legal Attacks On Partisan Gerrymanders, Christopher S. Elmendorf 2018 College of William & Mary Law School

From Educational Adequacy To Representational Adequacy: A New Template For Legal Attacks On Partisan Gerrymanders, Christopher S. Elmendorf

William & Mary Law Review

For decades, legal attacks on partisan gerrymanders have foundered on a manageability dilemma: doctrinal standards the Supreme Court has regarded as judicially discoverable have been rejected as unmanageable, whereas the more manageable standards on offer have been dismissed as insufficiently tethered to the Constitution—that is, as undiscoverable. This Article contends that a solution to the dilemma may be found in a seemingly unlikely place: the body of state constitutional law concerned with the adequacy of state systems of public education. The justiciability barriers to partisan gerrymandering claims have near analogues in educational adequacy cases, yet only a minority of ...


Taking Virtual Representation Seriously, Joseph Fishkin 2018 College of William & Mary Law School

Taking Virtual Representation Seriously, Joseph Fishkin

William & Mary Law Review

No abstract provided.


The Gerrymander And The Constitution: Two Avenues Of Analysis And The Quest For A Durable Precedent, Edward B. Foley 2018 College of William & Mary Law School

The Gerrymander And The Constitution: Two Avenues Of Analysis And The Quest For A Durable Precedent, Edward B. Foley

William & Mary Law Review

It has been notoriously difficult for the United States Supreme Court to develop a judicially manageable—and publicly comprehensible—standard for adjudicating partisan gerrymandering claims, a standard comparable in this respect to the extraordinarily successful “one person, one vote” principle articulated in the Reapportionment Revolution of the 1960s. This difficulty persists because the quest has been for a gerrymandering standard that is universalistic in the same way that “one person, one vote” is: derived from abstract ideas of political theory, like the equal right of citizens to participate in electoral politics. But other domains of constitutional law employ particularistic modes ...


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