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Symposium: Fighting Corruption In American And Abroad: Foreword, Jed Handelsman Shugerman
Symposium: Fighting Corruption In American And Abroad: Foreword, Jed Handelsman Shugerman
Faculty Scholarship
This Foreword focuses on a few related observations from the symposium. First, it summarizes Teachout's book, which inspired this symposium and which relied on history to undermine Citizens United. Second, it suggests that a more recent case in this Court's Term, Williams-Yulee vs. Florida Bar,8 also erodes Citizens United, at least a bit, by recognizing a compelling state interest in combating the appearance of corruption and bias in a new context: by embracing that corruption lurks in gray areas and the banality of campaign fundraising. Third, Pamela Karlan and Samuel Issacharoff once observed that money in politics …
Culpability And Modern Crime, Samuel W. Buell
Culpability And Modern Crime, Samuel W. Buell
Faculty Scholarship
Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded …
Review Of Corruption In America: From Benjamin Franklin's Snuff Box To Citizens United By Zephyr Teachout, Robert L. Tsai
Review Of Corruption In America: From Benjamin Franklin's Snuff Box To Citizens United By Zephyr Teachout, Robert L. Tsai
Faculty Scholarship
This is a review of Zephyr Teachout's book on the anticorruption principle, "Corruption in America" (Harvard 2014).