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Full-Text Articles in Law

If It Looks Like A Super Pac, Acts Like A Super Pac, And Is Restricted Like A Super Pac, Then Treat It Like A Super Pac: Why Contribution Limits On A Hybrid Pac’S Independent-Expenditure Arm Are Impermissible, Jacob N. Kipp Oct 2016

If It Looks Like A Super Pac, Acts Like A Super Pac, And Is Restricted Like A Super Pac, Then Treat It Like A Super Pac: Why Contribution Limits On A Hybrid Pac’S Independent-Expenditure Arm Are Impermissible, Jacob N. Kipp

William & Mary Bill of Rights Journal

No abstract provided.


The Threat Of Independent Political Spending, Bruce Ledewitz Dec 2015

The Threat Of Independent Political Spending, Bruce Ledewitz

Bruce Ledewitz

Professor Lawrence Lessig has made a great contribution to American public life by drawing attention to the influence of money in politics through his writing, speaking, and organizing. His best-selling book, Republic Lost,2 has galvanized a movement demanding serious campaign finance reform. I agree with the broad outline of his concern about the dependence of Congress on wealthy individuals and entities and the political corruption that this pecuniary dependence entails.

So, it is with hesitation that I set out in this Article my reservations concerning Professor Lessig’s analysis of the problem of money. Money does not play quite the dominant …


Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger Oct 2005

Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger

William & Mary Law Review

No abstract provided.


Regulating Democracy Through Democracy: The Use Of Direct Legislation In Election Law Reform, Nathaniel Persily, Melissa Cully Anderson Feb 2005

Regulating Democracy Through Democracy: The Use Of Direct Legislation In Election Law Reform, Nathaniel Persily, Melissa Cully Anderson

All Faculty Scholarship

The study examines a wealth of election law reforms - term limits (for governor and state legislators), campaign finance reform (contribution limits and public funding), redistricting (pre-Baker v. Carr and creation of commissions), creation and regulation of primaries, and women's suffrage - to figure out whether differences exist between the election law regimes in initiative and non-initiative states and whether these differences (if any) might be attributed to the use of the initiative process. We find that in very few cases - legislative term limits and perhaps redistricting commissions - do initiative states differ noticeably from non-initiative states, and in …


Term Limits In State Legislative Elections: Less Value For More Money?, Steven F. Huefner Apr 2004

Term Limits In State Legislative Elections: Less Value For More Money?, Steven F. Huefner

Indiana Law Journal

No abstract provided.


Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand Jan 2004

Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand

Scholarly Works

On December 10, 2003 the United States Supreme Court issued its decision in McConnell v. FEC. In McConnell, the Court was asked to determine the constitutionality of the Bipartisan Campaign Reform Act ("BCRA"). A divided Court, in a deeply fractured decision in which six justices wrote individual opinions, upheld the major provisions of the legislation. Yet despite the almost 300 pages of reasoning provided by the Court, and a voluminous record developed by the district court, the Justices could not agree on what purportedly is the central issue in campaign finance law: whether the challenged regulations were necessary …


The Amendment Of Section 527: Eliminating Stealth Pacs And Providing A Model For Future Campaign Finance Reform, David D. Storey Jan 2002

The Amendment Of Section 527: Eliminating Stealth Pacs And Providing A Model For Future Campaign Finance Reform, David D. Storey

Indiana Law Journal

No abstract provided.


How To Steal A Trillion: The Uses Of Laws About Lawmaking In 2001, Charles Tiefer Jul 2001

How To Steal A Trillion: The Uses Of Laws About Lawmaking In 2001, Charles Tiefer

All Faculty Scholarship

How did Congress pass President Bush's 2001 trillion-dollar tax cut pass without the necessary consensus shape and without the 60 Senate votes required to overcome resistance? How was the House able to give "fast track" treatment to laws designed to implement future trade deals? How was the 2001 Congress able to reject a new workplace ergonomic rule that would otherwise become law? In 2001, American lawmakers passed laws to make controversial laws, forcing the important question about whether laws about lawmaking actually serve the public interest.

In this article, the author explores the constitutional limits on laws about lawmaking and …


The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner Jan 1992

The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner

Fordham Urban Law Journal

Campaign finance programs, such as New York City's, limit the influence of private money on candidates and come at a relatively modest cost to taxpayers. Campaign finance reform programs, thus, increase the extent to which elections are truly competitive. During a fiscal crisis, we therefore have an even greater need for campaign finance reform and the meaningful democratic elections that reform fosters to ensure that voters generally, rather than special interests, dictate how scarce resources should be allocated. Reform is also necessary to give voters the confidence that their elected officials represent them, and not just wealthy donors, particularly in …