Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Pay To Play? Campaign Finance And The Incentive Gap In The Sixth Amendment's Right To Counsel, Neel U. Sukhatme, Jay Jenkins
Pay To Play? Campaign Finance And The Incentive Gap In The Sixth Amendment's Right To Counsel, Neel U. Sukhatme, Jay Jenkins
Georgetown Law Faculty Publications and Other Works
For nearly 60 years, the U.S. Supreme Court has affirmed that the Sixth Amendment to the U.S. Constitution guarantees felony defendants the right to counsel, regardless of their ability to pay. Yet nearly all criminal procedure scholars agree that indigent defense as practiced today falls far short of its initial promise. These scholars frequently cite a lack of political support, insufficient public funding, and a failure to address instances of inadequate legal representation, among other things, as causes for the underlying systemic dysfunction.
We contend that these conventional critiques are incomplete. Rather, indigent defense systems often fail due to poor …
From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell
From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This Article examines how we can overlay the principle of serving the common good, which undergirds public health law, onto financial well-being. It suggests that we apply public health law principles to corporate law and culture. In matters of public health, we view quite broadly states' police power to protect the public good. Government is also empowered to protect the general welfare in matters of financial well-being. Using the “general welfare” as a guidepost, this Article challenges the conventional wisdom that corporations exist solely to maximize profit and shareholder value to the exclusion of virtually everything else. It proposes two …
‘‘Appearance Of Corruption’’: Linking Public Opinion And Campaign Finance Reform, Douglas M. Spencer, Alexander G. Theodoridis
‘‘Appearance Of Corruption’’: Linking Public Opinion And Campaign Finance Reform, Douglas M. Spencer, Alexander G. Theodoridis
Publications
At present, campaign finance regulations may only be justified if their primary purpose is to prevent quid pro quo corruption or the appearance of corruption. References to the ‘‘appearance of corruption’’ are ubiquitous in campaign finance decisions, yet courts have provided very little guidance about what the phrase means. In this article, we report findings from a broadly representative national survey in which we (1) directly ask respondents to identify behaviors that appear politically corrupt, and (2) indirectly measure perceptions of corruption using a novel paired-choice conjoint experiment asking respondents to choose which of two randomly generated candidates are more …
The Segregation Of Markets, Christian Turner
The Segregation Of Markets, Christian Turner
Scholarly Works
Campaign-finance reformers fear that rich donors’ money can be used disproportionately to influence the content of campaign advertising and thus, perhaps, the results of elections. In European football, UEFA has attempted to ban “financial doping,” rich owners’ use of money earned in sectors other than football to pay large sums for the best football players. Campaign-finance reform efforts and “financial fair play” rules in sport may seem like bespoke solutions to different problems. In fact, they are the same solution to the same problem. Both are attempts to ensure that power accumulated in one market is not brought into another …
First Amendment (Un)Exceptionalism: A Comparative Taxonomy Of Campaign Finance Reform Proposals In The United States And United Kingdom, Lori A. Ringhand
First Amendment (Un)Exceptionalism: A Comparative Taxonomy Of Campaign Finance Reform Proposals In The United States And United Kingdom, Lori A. Ringhand
Scholarly Works
There is an urgent conversation happening among the world’s democracies about how to respond to the combined threat of online electioneering and foreign interference in domestic elections. Despite the shadow such activities cast over the 2016 presidential election in the United States, the US has been largely absent from comparative discussions about how to tackle the problem. This is not just because of a recalcitrant president. The assumption that America’s “First Amendment Exceptionalism” – the idea that American freedom of expression law is simply too much of an outlier to warrant useful comparative consideration – is strong on both sides …
Money Matters But It Doesn’T Decide: The Case Of Michael Bloomberg’S Presidential Campaign, Richard Briffault
Money Matters But It Doesn’T Decide: The Case Of Michael Bloomberg’S Presidential Campaign, Richard Briffault
Faculty Scholarship
Michael Bloomberg spent nearly a billion dollars in personal wealth on an unsuccessful bid for the US presidency. While personal spending is not limited by campaign finance laws, self-funded candidates often find it difficult to win elections.