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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.


Save Elections From Secret Money People, Luke M. Scheuer Jan 2015

Save Elections From Secret Money People, Luke M. Scheuer

Luke M Scheuer

No abstract provided.


The Recusal Alternative To Campaign Finance Legislation, John C. Nagle Nov 2013

The Recusal Alternative To Campaign Finance Legislation, John C. Nagle

John Copeland Nagle

Typical campaign finance proposals focus on limiting the amount of money that can be contributed to candidates and the amount of money that candidates can spend. This article suggests an alternative proposal that places no restrictions on contributions or spending, but rather targets the corrupting influence of contributions. Under the proposals, legislators would be required to recuse themselves from voting on issues directly affecting contributors. I contend that this proposal would prevent corruption and the appearance of corruption while remedying the first amendment objections to the regulation of money in campaigns.


The Campaign Finance Safeguards Of Federalism, Garrick B. Pursley Feb 2013

The Campaign Finance Safeguards Of Federalism, Garrick B. Pursley

Garrick B. Pursley

This article provides the first systematic account of the relationship between campaign finance and federalism. Federalism—a fundamental characteristic of the constitutional structure—depends for its stability on political mechanisms. States and their advocates and representatives in Congress, federal agencies, political parties, intergovernmental lobbying groups, and other political forums work together to check federal interference with state governments. Entire normative theories of federalism depend on the assumption that this system of political safeguards is working effectively in the background. But the federalism and constitutional theory literatures lack a rigorous account of the effects of dramatic political change on pro-federalism political dynamics. Building …


Defining Corruption And Constitutionalizing Democracy, Deborah Hellman Mar 2012

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Deborah Hellman

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on giving and spending money in connection with elections only when they serve to avoid corruption or its appearance. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides have missed the more …


The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown Nov 2011

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 …