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Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber Aug 2019

Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

Daniel A Farber

No abstract provided.


What Can Corporations Teach Governments About Democratic Equality?, Tom W. Bell Dec 2014

What Can Corporations Teach Governments About Democratic Equality?, Tom W. Bell

Tom W. Bell

Democracies place great faith in the principle of one-person/one-vote. Business corporations and other private entities, in contrast, typically operate under the one-share/one-vote rule, allocating control in proportion to ownership. Why the difference? In times past, we might have cited the differing ends of public and private institutions. Whereas public democracies aim at promoting the general welfare of an entire political community, private entities aim at more specific goals, such as generating profits or managing a cooperative residence. As business entities have grown in size and in the range of services they provide, however, the distinction between public and private governance …


A Quantum Congress, Jorge R. Roig Dec 2014

A Quantum Congress, Jorge R. Roig

Jorge R Roig

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …


Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller Dec 2013

Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller

Roslyn Fuller

This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Dec 2011

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

Mark D. Rosen

Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …