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Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer Oct 2016

Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

With a brief order issued at the end of its last term, the Supreme Court dramatically raised the stakes in Citizens United v. FEC. What many had predicted would be a case decided on narrow, technical grounds has now become a possible vehicle for overturning two key campaign finance precedents. By ordering re-argument and supplemental briefing on the issue of whether it should overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, the Court signaled that …


Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer Oct 2016

Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

With a brief order issued at the end of its last term, the Supreme Court dramatically raised the stakes in Citizens United v. FEC. What many had predicted would be a case decided on narrow, technical grounds has now become a possible vehicle for overturning two key campaign finance precedents. By ordering re-argument and supplemental briefing on the issue of whether it should overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, the Court signaled that …


Beyond Campaign Finance Reform, Tabatha Abu El-Haj Dec 2015

Beyond Campaign Finance Reform, Tabatha Abu El-Haj

Tabatha Abu El-Haj

The average American voter is apathetic, ignorant and polarized, or so we are told. Except, it turns out, with respect to her views on the outsized political influence of the super wealthy: poll after poll reveals a bipartisan consensus that wealthy interests exert too much political influence and there is good evidence to support these concerns. While the public blames the Supreme Court’s decision in Citizens United v. FEC for this situation, experts in the field know that the constitutional constraints on our ability to limit the political influence of moneyed elites long-predate Citizens United and pose a formidable barrier …


Voluntary Campaign Finance Reform, John C. Nagle Nov 2013

Voluntary Campaign Finance Reform, John C. Nagle

John Copeland Nagle

No abstract provided.


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 …


Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer Dec 2008

Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

With a brief order issued at the end of its last term, the Supreme Court dramatically raised the stakes in Citizens United v. FEC. What many had predicted would be a case decided on narrow, technical grounds has now become a possible vehicle for overturning two key campaign finance precedents. By ordering re-argument and supplemental briefing on the issue of whether it should overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, the Court signaled that …