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Full-Text Articles in Law
Procedural Fairness In Election Contests, Joshua A. Douglas
Procedural Fairness In Election Contests, Joshua A. Douglas
Indiana Law Journal
No abstract provided.
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Indiana Law Journal
An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rightsstructure” debate in election law, and came to dominate the field, during a period in which the main controversies—vote dilution, gerrymandering, ballot access, campaign finance—were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new wave of vote denial controversies, over such issues as …
The Supreme Court And Indiana's Voter Id Law, David Williams
The Supreme Court And Indiana's Voter Id Law, David Williams
Articles by Maurer Faculty
No abstract provided.
Taxing Political Donations: The Case For Corrective Taxes In Campaign Finance, David Gamage
Taxing Political Donations: The Case For Corrective Taxes In Campaign Finance, David Gamage
Articles by Maurer Faculty
Command-and-control regulations are generally thought to be inferior to incentive-based alternatives. This essay proposes an incentive-based approach for regulating campaign finance. In place of our current regime of contribution ceilings, the essay calls for a graduated system of contribution taxes. Rather than capping the size of political donations at a specified dollar level, we should tax donations based on a schedule of graduated rates - the larger the size of a contribution, the higher the level of taxation.
Contribution taxes generate two primary advantages over contribution ceilings. First, contribution taxes preserve more total surplus. This surplus can be shared by …