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Bentham & Ballots: Tradeoffs Between Secrecy And Accountability In How We Vote, Allison Hayward
Bentham & Ballots: Tradeoffs Between Secrecy And Accountability In How We Vote, Allison Hayward
Allison Hayward
The way a group, jurisdiction, or nation votes, and makes decisions binding on their members and citizens, is fundamental and deceptively prosaic. Why do some groups (faculties, Congress, caucuses, HOAs) take public votes in most contexts, accompanied by debate, sometimes heated. Why do others (electorates, labor unions) take private votes (often by ballot cast in a secure setting where “heated debate” is not allowed) in most contexts? Moreover, what should we make of the exceptions to these general forms? This Article will demonstrate that the hybrid mode of voting – non-debated yet non-secret voting such as in contemporary absentee balloting, …
Bentham & Ballots: Tradeoffs Between Secrecy And Accountability In How We Vote, Allison Hayward
Bentham & Ballots: Tradeoffs Between Secrecy And Accountability In How We Vote, Allison Hayward
Allison Hayward
The way a group, jurisdiction, or nation votes, and makes decisions binding on their members and citizens, is fundamental and deceptively prosaic. Why do some groups (faculties, Congress, caucuses, HOAs) take public votes in most contexts, accompanied by debate, sometimes heated. Why do others (electorates, labor unions) take private votes (often by ballot cast in a secure setting where “heated debate” is not allowed) in most contexts? Moreover, what should we make of the exceptions to these general forms? This Article will demonstrate that the hybrid mode of voting – non-debated yet non-secret voting such as in contemporary absentee balloting, …
Revisiting The Fable Of Reform, Allison Hayward
Revisiting The Fable Of Reform, Allison Hayward
Allison Hayward
The modern campaign finance fable has its root in progressive political arguments. Advocates placed great faith in the management by experts of social problems, and the application of scientific principles to politics. For campaign finance reform, this meant the study of campaigns, the diagnosis of corruption and the prescription of legislative remedies. To sustain this idea over time, as it turns out, required a fable. That fable justified past reform efforts as calculated, measured and reasonable remedies, prescribed by Congress (or legislators, or regulators) after careful examination of political ailments. As new symptoms arise, the fable taught that lawmakers (or …
Election Day At The Bar, Allison Hayward
Election Day At The Bar, Allison Hayward
Allison Hayward
Abstract: Election Day At The Bar Allison R. Hayward Since the 2000 election, national parties and a number of special interest groups have changed how they “lawyer up” for election day. They recruit nationally for attorneys to work in whatever “hot spots” develop. Yet in key jurisdictions their activities may amount to the unauthorized practice of law (“UPL’) UPL discipline of these attorneys may seem unlikely so long as all participants in elections desire to mobilize these volunteers. Yet enforcement could be triggered once local interests who rely on suppression or fraud recognize that outside volunteers will cause them to …
Render Unto Caesar, Inc., Allison Hayward
Render Unto Caesar, Inc., Allison Hayward
Allison Hayward
The Supreme Court’s FEC v. Wisconsin Right to Life decision fits comfortably into a legacy of decisions in which the Supreme Court has toyed with Congress’s ability to restrict the political speech of “outside groups.” In these cases, the Court offers a schizophrenic vision of political regulation. It seems unable to conclude whether the independent opinions of certain social actors, spread among the public via the “expenditure” of their funds, poses a corrupting danger to campaigns or elections that justified deference to Congress’s regulatory choices. If it does, Congress should be able to step in and restrict such pernicious activity. …
Regulation Of Blog Campaign Advocacy On The Internet: Comparing U.S., German And Eu Approaches, Allison Hayward
Regulation Of Blog Campaign Advocacy On The Internet: Comparing U.S., German And Eu Approaches, Allison Hayward
Allison Hayward
This essay examines how U.S., Germany, and EU cases have treated the regulation of political commentary on the Internet. As political blogging grows in popularity, the reach of these sites, and their influence in political campaigns, may make them a target for regulation by rivals and incumbents, both at home and abroad. Since ordinarily any URL can be reached from anywhere with Internet access, conflicting domestic rules about what can be said (and who can say it) present potential for conflicting rules on blogging. In brief, U.S. law protects blogging content, but may impose restrictions on the source of political …