Law Commons^™

Election Delays In 2012, Rebecca Green, Emily Lippolis, Shanna Reulbach, Andrew Mccoy

Rebecca Green

No abstract provided.

Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.

Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins

Neal E. Devins

No abstract provided.

Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

Daniel A Farber

No abstract provided.

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Jens David Ohlin

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear. To …

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Sarah Haan

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic reprisal” means …

Charities And Lobbying: Institutional Rights In The Wake Of Citizens United, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

One of the many aftershocks of the Supreme Court’s landmark decision in Citizens United v. FEC is that the decision may raise constitutional questions for the long-standing limits on speech by charities. There has been much scholarly attention both before and after that decision on the limit for election-related speech by charities, but much less attention has been paid to the relating lobbying speech limit. This article seeks to close that gap by exploring that latter limit and its continued viability in the wake of Citizens United. I conclude that while Citizens United by itself does not undermine the limit …

Charities And Lobbying: Institutional Rights In The Wake Of Citizens United, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

One of the many aftershocks of the Supreme Court’s landmark decision in Citizens United v. FEC is that the decision may raise constitutional questions for the long-standing limits on speech by charities. There has been much scholarly attention both before and after that decision on the limit for election-related speech by charities, but much less attention has been paid to the relating lobbying speech limit. This article seeks to close that gap by exploring that latter limit and its continued viability in the wake of Citizens United. I conclude that while Citizens United by itself does not undermine the limit …

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Kathryn Abrams

Discusses androcentrism and institutional reform in the military. Need to expose androcentism as a strategy for change; Courts' deference toward military policy.

Beyond Campaign Finance Reform, Tabatha Abu El-Haj

Tabatha Abu El-Haj

Presidential Debates And Deliberative Democracy, Charles Collier

Charles W. Collier

Consider democracy in America through the lens of the presidential debates. It is not a pretty picture. From a high point in the nineteenth century (for example, the lengthy Lincoln-Douglas Senate campaign debates of 1858) a declining trajectory can be traced to the present day, with a marked acceleration in the Age of Television. To our polity's discredit, the presidential debate has long since ceased to be a dialogue that might shed light on the candidates' true powers of deliberation. The key to reversing this long decline, I believe, lies in an unlikely place: in the structural features of the …

Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Gregory S. Parks, Jeffrey J. Rachlinski, Richard A. Epstein

Jeffrey J. Rachlinski

The election of Barack Obama marks a significant milestone for race relations in our nation—on this much our debaters agree. The meaning of this milestone for the future of race-based policies, such as affirmative action and antidiscrimination laws, is where they disagree. Dr. Gregory Parks and Professor Jeffrey Rachlinski argue that any announcement of the arrival of a “post-racial America” is premature, as the presidential campaign actually revealed an implicit racial bias present in “most white adult brains.” The stereotypical criticisms of Obama, explicit racial references by supporters of opposing candidates, and “deeply racially stratified voting” were, in fact, “reflection[s] …

The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf

Michael C. Dorf

No abstract provided.

A Quantum Congress, Jorge R. Roig

Jorge R Roig

Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks

Jeffrey J. Rachlinski

The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil rights laws are becoming unnecessary. Although President Obama's election means that explicit, open anti-black racism has largely faded, an analysis of the campaign's rhetoric and themes suggests that unconscious racism is alive and well. Rather than suggest a retreat from traditional civil …

Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks

Jeffrey J Rachlinski

The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.

Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

The 2008 presidential campaign and election will be historic. It marks the first time a Black person (Barack Obama) and a woman (Hillary Clinton) have a real chance at winning the Presidency. Their viability as candidates symbolizes significant progress in overcoming racial and gender stereotypes in America. But closer analysis of the campaigns reveals that race and gender have placed enormous constraints on how these two Senators can run their candidacy. This is not surprising in light of the history of race and gender in voting and politics in America. But what is perhaps more surprising is how the campaigns …

Selective Vetting’ As A Factor In The Taipei Mayoral Election, Chiehwen Ed Hsu

Chiehwen Ed Hsu

Ed Hsu looks at the legal aspects of the 'selective vetting' of candidates in the Taipei mayoral election. It may be wrong, it's borderline illegal, but under current laws, there's very little candidates can do if their image is tarnished by unsubstantiated allegations.

Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin

Donald B. Tobin

This article ... will analyze both the statutory and constitutional questions concerning whether 527organizations are ‘‘political committees’’ under FECA and thus subject to the $5,000 cap on the contributions they receive from each donor. The article will also consider whether other forms of tax-exempt organizations besides 527s—most notably so-called 501(c)(4) organizations—provide an alternative means of circumventing this $5,000 contribution limit.

Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin

Donald B. Tobin

No abstract provided.

Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin

Donald B. Tobin

No abstract provided.

Director Nominations, Lawrence Hamermesh

Lawrence A. Hamermesh

“I don't care who does the electing, so long as I get to do the nominating.” William M. (“Boss”) Tweed. Shareholder election of directors is widely accepted as an important tool in corporate governance. As Boss Tweed’s aphorism demonstrates, the shareholder’s ability to nominate director candidates should therefore also be deemed important. With ever-increasing shareholder activism and increased sensitivity on the part of management to the prospect of director election contests, the scope of the right to nominate and the scope of permissible limitations of that right are likely to come under increasing scrutiny. Yet corporate statutes are largely silent …

Relationships Of Representation In Voting Rights Act Jurisprudence, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Raising Politics Up: Minority Political Participation And Section 2 Of The Voting Rights Act, Kathryn Abrams

Kathryn Abrams

No abstract provided.

No There There: State Autonomy And Voting Rights Regulation, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Raising Politics Up: Minority Political Participation And Section 2 Of The Voting Rights Act, Kathryn Abrams

Kathryn Abrams

No abstract provided.

No There There: State Autonomy And Voting Rights Regulation, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Источники Избирательного Права В Зарубежных Странах: Некоторые Вопросы Теории, Leonid G. Berlyavskiy, Eugene Kolesnikov

Leonid G. Berlyavskiy

In the article the basic problems of the sources of the Electoral Law (on the cases of the states of the Western democracy) are considered. It is shown that the major provisions about elections are fixed in the national Constitution, laws and the international electoral standards