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Full-Text Articles in Law

Making And Unmaking Citizens: Law And The Shaping Of Civic Capacity, Tabatha Abu El-Haj Jan 2019

Making And Unmaking Citizens: Law And The Shaping Of Civic Capacity, Tabatha Abu El-Haj

University of Michigan Journal of Law Reform

American democracy is more fragile today than in recent memory. As evidence of stubborn imbalances in political influence grow, so too does public skepticism concerning the relative benefits of our democratic institutions. Scholars have taken note, and two dominant camps have emerged to offer proposals for restoring democratic accountability and responsiveness. The first, like the public, identifies the flood of money into electoral politics as the primary source of our troubles, whereas the second points to political parties as the root of the crisis. More recently, however, a nascent third approach has emerged. Looking beyond the usual suspects—money in politics …


In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman Apr 2015

In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman

University of Michigan Journal of Law Reform

Recent United States Supreme Court decisions have undermined the viability of campaign public financing systems, a vital tool for fighting political corruption. First, Citizens United v. FEC allowed privately financed candidates and independent groups to spend unlimited amounts of money on campaigning. Publicly financed candidates now risk being vastly outspent. Second, Arizona Free Enterprise Club’s Freedom PAC v. Bennett invalidated a proportional fund matching system whereby privately financed candidates’ or independent groups’ spending triggered funds to publicly funded candidates. These decisions effectuate a libertarian speech doctrine: all speakers, individual or corporate, must be absolutely unburdened. To comply with this approach, …


A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter Oct 2006

A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter

University of Michigan Journal of Law Reform

This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting …


Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan May 2004

Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan

University of Michigan Journal of Law Reform

The recent landmark decision by the Supreme Court in McConnell v. FEC opens the way for new and more decisive regulation of the vast amounts of private and corporate money poured into the political system. However, the theoretical grounds for campaign finance regulation - as reflected in the Court's opinion - remain highly perplexing. The purpose of the current article is to tie together the evolving constitutional principle of equality in election with modern process theory and to apply them to the field of campaign finance. The inherent tension between the stringent requirement for political equality on the one hand …


Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman Jan 1982

Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman

University of Michigan Journal of Law Reform

This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …


Regulation Of Campaign Funding And Spending For Federal Office, Roscoe L. Barrow Jan 1972

Regulation Of Campaign Funding And Spending For Federal Office, Roscoe L. Barrow

University of Michigan Journal of Law Reform

This article will detail significant data on campaign funding and spending, describe the major laws for regulating campaign funding and spending, analyze the constitutional issues raised by these laws, and propose changes to render the laws safer from attack on grounds of unconstitutionality and more effective in achieving a viable election process.


Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald Apr 1969

Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald

University of Michigan Journal of Law Reform

The spiraling costs of political campaigns 5 and the continuing significant role played by unions and corporations in the financing of those campaigns call for an examination of section 610's efficacy as a prohibitory statute. This article will focus on the use of labor union funds in the financial aspects of national politics. It will first discuss the loopholes in section 610: those loopholes created through narrow judicial interpretation of the statute and those resulting from its imprecise drafting. Particular emphasis will be placed upon an analysis of the sources of funds available to unions for political activities and the …