Administrative Law Commons^™

Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam

Seattle University Law Review

During the past decade, “transparency” has become a focus of democratic governance. Open government and right-to-know regimes have been around at least since the 1970s. They include measures like open meeting laws, campaign finance disclosure, lobbying registration, and freedom of information laws. But the Open Government projects— variously referred to as e-democracy, Open Data, or Government 2.0— have evolved into something new and different. They view transparency not primarily as a right to know, but as a condition for a more efficient, intelligent, and cooperative form of democratic government. This Article considers how various election reform projects fit with the …

The Transformative Twelfth Amendment, Joshua D. Hawley

Faculty Publications

This paper argues that the Twelfth Amendment represents far more than a mechanical adjustment of the electoral college. Rather, it is the constitutional text that gives us the political presidency that we know today. The Twelfth Amendment worked a major structural change in the relationship between the legislative and executive branches and for that reason bears directly on the debate over the unitary executive and the meaning of “executive power.” Specifically, presidential removal power is best justified not by the original Article II, but by the constitutional structure the Twelfth Amendment created. And the scope and definition of executive power …

Two Challenges For Campaign Finance Disclosure After Citizens United And Doe V. Reed, Richard Briffault

Faculty Scholarship

Disclosure moved front and center on the campaign finance stage in 2010. Indeed, the year just passed witnessed the emergence of not one, but two significant challenges for our disclosure laws.

2010 began with new concerns about the burdens disclosure can place on the rights of political participation and association protected by the First Amendment, with the possibility that the Supreme Court – which had become increasingly skeptical about campaign finance regulation since Chief Justice Roberts and Justice Alito joined the Court – might impose new restrictions on disclosure.

The Myth Of Accountability And The Anti-Administrative Impulse, Edward Rubin

Michigan Law Review

The idea of accountability is very much in fashion in legal and political thought these days. To be sure, the term is used in a variety of different ways, but that is the nature of fashion. Colored cloth ponchos may be in fashion this season, for example, but they can be shaped and colored in a variety of different ways. It is differences of this sort that sustain a fashion trend. If the only poncho available were red and square, the fashion trend would display an impressive unity, but it wouldn't last very long. In order to make sales, clothing …

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.

The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora

Touro Law Review

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin

Translated Opinions

The Appeal revolved around the decision of the Central Election Committee for the Twelfth Knesset, under its authority according to section 63 of the Knesset Elections Act [Consolidated Version] 1969, that the “Kach” List be barred from participating in elections to the Knesset, under section 7A of Basic Law: The Knesset. The Appellant’s argue that section 7A, which was added to Basic Law: The Knesset is invalid for the following reasons: it is inconsistent with the principle of equality as established by section 4 of Basic Law: The Knesset; it is an extreme divergence from the principles of democracy and …

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

The Economics Of The 1974 Federal Election Campaign Act Amendments, Sam Kazman

Buffalo Law Review

No abstract provided.

The 1969 United Mine Workers Election: Why No Pre-Balloting Investigation By The Secretary Of Labor, Edwin S. Hopson

Villanova Law Review (1956 - )

No abstract provided.

The Authorization Card Dilemma, Michael F. Rosenblum

Villanova Law Review (1956 - )

No abstract provided.

Labor Democracy In America: The Impact Of Titles I & (And) Iv Of The Landrum-Griffin Act, Robert L. Berchem

Villanova Law Review (1956 - )

No abstract provided.