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Full-Text Articles in Law
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
George D. Brown
The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and …
Constitutional Conditions: Regulating Independent Political Expenditures By Government Contractors After Citizens United, Michael Boardman
Constitutional Conditions: Regulating Independent Political Expenditures By Government Contractors After Citizens United, Michael Boardman
Michael Boardman
A milestone in campaign finance jurisprudence, the Citizens United case sparked a political firestorm. Holding that all citizens and corporate entities are permitted to spend freely on elections, the Court overturned Austin v. Michigan Chamber of Commerce and parts of McConnell v. FEC, and mooted two other cases in the field. Only six months later, the House of Representatives passed the DISCLOSE Act in an overt attempt to counteract the Citizens United decision. The Act has received much attention for its heightened corporate disclosure requirements, but another of its lesser-debated provisions could prove more onerous for America’s wealthiest corporations and …