Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Voting, Spending, And The Right To Participate, Robert Yablon
Voting, Spending, And The Right To Participate, Robert Yablon
Northwestern University Law Review
While the law governing the electoral process has changed dramatically in the past decade, one thing has stayed the same: Courts and commentators continue to view voting in elections and spending on elections through distinct constitutional lenses. On the spending side, First Amendment principles guide judicial analysis, and recent decisions have been strongly deregulatory. On the voting side, courts rely on a makeshift equal protection-oriented framework, and they have tended to be more accepting of regulation. Key voting and spending precedents seldom cite each other. Similarly, election law scholars typically address voting and spending in isolation.
This Article challenges the …
Buckley V. Valeo, Political Disclosure And The First Amendment, Trevor Potter
Buckley V. Valeo, Political Disclosure And The First Amendment, Trevor Potter
Akron Law Review
Put differently, the reality is that disclosure’s constitutional status is unclear. The Supreme Court’s jurisprudential framework is often unpredictable. Even when the Court has been consistent in choosing a formal framework with which to approach disclosure laws, it has been inconsistent and unpredictable in applying that framework. To be sure, this issue takes on particular urgency in light of the importance both sides in the campaign finance debate attach to disclosure of campaign spending (however differently defined), and the existence of the Internet as a vehicle for immediate mass dissemination of information required to be reported. Accordingly, providing an overview …
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
Catholic University Law Review
Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.
Election Law—Introduction, Jessica A. Levinson
Election Law—Introduction, Jessica A. Levinson
Loyola of Los Angeles Law Review
No abstract provided.
When Rhetoric Obscures Reality: The Definition Of Corruption And Its Shortcomings, Jessica Medina
When Rhetoric Obscures Reality: The Definition Of Corruption And Its Shortcomings, Jessica Medina
Loyola of Los Angeles Law Review
Due to public scorn after the unraveling of the Watergate scandal, the Supreme Court considered the constitutionality of the Federal Election Campaign Act’s restrictions on political contributions and expenditures. Buckley v. Valeo established that no legitimate government interest existed to justify restrictions on campaign expenditures, and only the prevention of corruption or the appearance of corruption could justify restrictions on campaign contributions. Since then, the Court has struggled to articulate a definition of corruption that balances First Amendment protections with the potential for improper influence. This Article argues that the Court’s current definition of corruption is too narrow, and proposes …
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Regulating Section 527 Organizations, Gregg D. Polsky, Guy-Uriel E. Charles
Regulating Section 527 Organizations, Gregg D. Polsky, Guy-Uriel E. Charles
Scholarly Works
In this Essay, we consider whether the Federal Election Commission (FEC) has the authority to regulate independent 527 organizations (e.g., Swiftboat Veterans for Truth, Moveon.org, etc.) as political committees under the Federal Election Campaign Act. This issue, which was hotly debated during the last election cycle when it was considered and ultimately tabled by the FEC, is an extremely complex one that requires a deep understanding of election, tax, administrative, and constitutional law. After considering how these areas of law intersect, we conclude that the FEC lacks the authority to regulate independent 527 organizations as political committees.