Law and Politics Commons^™

Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers

Nevada Law Journal

No abstract provided.

Neoliberal Political Law, Zephyr Teachout

Faculty Scholarship

No abstract provided.

Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood

Indiana Law Journal

What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections, where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United, about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control” states, …

Election Law's Lochnerian Turn, Ellen D. Katz

Articles

This panel has been asked to consider whether "the Constitution [is] responsible for electoral dysfunction."' My answer is no. The electoral process undeniably falls well short of our aspirations, but it strikes me that we should look to the Supreme Court for an accounting before blaming the Constitution for the deeply unsatisfactory condition in which we find ourselves.

Hollowed-Out Democracy, Kate Andrias

Articles

Professors Joseph Fishkin’s and Heather Gerken’s essay for this symposium, The Two Trends That Matter for Party Politics, along with the larger project of which it is a part, marks a notable turn (or return) in the law-of-democracy field. Unlike much recent scholarship, Fishkin’s and Gerken’s work does not offer a comprehensive theory of corruption or equality, but instead analyzes the relationship between campaign finance law and the actual functioning of political parties in our democracy. In brief, Fishkin and Gerken tell us that our contemporary political parties are at once highly polarized and oddly weak. They claim this is …

The Geopolitics Of Election Approval: The Us Response To Honduras And Venezuela, Lauren Carasik, Susan Scott, Azadeh Shahshahani

Media Presence

No abstract provided.

Honduras’ Presidential Election Demands An Investigation, Lauren Carasik, Azadeh Shahshahani

Media Presence

No abstract provided.

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …

Friends With Benefits: Measuring Corruption In Politics After Citizens United, Patrick Eoghan Murray

North Carolina Central Law Review

No abstract provided.

Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter, Yasmin Dawood

Osgoode Hall Law Journal

This article addresses the Supreme Court of Canada’s theory of democracy and the right to vote. After setting forth the Court’s general approach to democracy, I develop a new conceptual framework for the Court’s approach to democratic rights. First, I argue that the Court has adopted a “bundle of democratic rights” approach to the right to vote. By this I mean that the Court has interpreted the right to vote as consisting of multiple democratic rights, each of which is concerned with a particular facet of democratic governance. Second, I claim that the democratic rights recognized by the Court are …

Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels

All Faculty Scholarship

This booklet ( a joint project of the Advancement Project and the Lawyer's Committee for Civil Rights Under Law) provides an extensive overview of restrictive voting laws, especially concerning minority voters. Daniels begins with a summary of voter obstructions and intimidation in the 2012 election, and then places that within the context of the history of voting and race in America.

Most recently, the Section 5 protections of the Voting Rights Act of 1965 were effectively removed by the Shelby County v. Holder Supreme Court decision. Daniels then explains what this means practically and legally for minority voters and how …

Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty

Seattle University Law Review

In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a partisan political …

An Analysis On The Effects Of Voter Id Laws And Minnesota’S Decision To Vote Against It, Amy Asell

Political Science Theses and Capstones

In recent years, the topic of voter identification has been a hotly contested issue in state legislatures around the country. Since 2003, nearly 1,000 bills concerning voter ID have been introduced in a total of forty-six states. In 2012 alone, voter ID legislation was pending in thirty-three states. On November 6, 2012, the citizens of the state of Minnesota voted on whether they supported an amendment to the state Constitution that would require all voters to present a valid photo ID in order to vote. Despite poll numbers indicating that a majority of Minnesotans supported the amendment the voter ID …

Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption, Hannah S. Fullerton

Scripps Senior Theses

In 2010, our definition of democracy in America was drastically changed by the Supreme Court case Citizens United v. FEC. The Court ruled that under the First Amendment, corporations have the right to free speech. The decision removed the final ban on corporations, which prohibited corporate money used for direct advocacy. The consequences of this have been tremendous. The decision has allowed for the creation and rise of Super PACs and political active nonprofits. As a result, Super PACs and nonprofits now act as “shadow campaigns”. Outside groups have the ability to engage in voter suppression tactics without politically hurting …

Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson

University of Richmond Law Review

No abstract provided.

Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts

University of Richmond Law Review

No abstract provided.

The Right Choice For Elections: How Choice Voting Will End Gerrymandering And Expand Minority Voting Rights, From City Councils To Congress, Rob Richie, Andrew Spencer

University of Richmond Law Review

No abstract provided.

Discouraging Election Contests, Joshua A. Douglas

University of Richmond Law Review

This essay proceeds in three sections. Section I lays the founda- tion for why our system encourages-or at least does not dis-suade-the filing of post-election contests in close races. Section

II posits that election contests are often bad for our democracy, explaining why post-election litigation might harm the ideals of finality, certainty, and legitimacy in the election process. SectionIII sets out three structural reforms that might make losing candidates think twice before initiating an election contest. Ultimately, the goal of this essay is to promote a broader discussion of the propriety of post-election litigation and what we can do to …

Minority Vote Dilution In The Age Of Obama, Dale Ho

University of Richmond Law Review

No abstract provided.

Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner

University of Richmond Law Review

No abstract provided.

A Half-Century Of Virginia Redistricting Battles: Shifting From Rural Malapportionment To Voting Rights To Public Participation, Micah Altman, Michael P. Mcdonald

University of Richmond Law Review

No abstract provided.

Special Interest Money: A Threat To Democratic Government, David L. Boren

Pepperdine Law Review

No abstract provided.

Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr

Pepperdine Law Review

No abstract provided.

Voter Id: Who Has Them? Who Shows Them?, Charles Stewart Iii

Oklahoma Law Review

No abstract provided.

What Is The Value Of Participation?, Chad W. Flanders

Oklahoma Law Review

No abstract provided.

P = E2 And Other Thoughts On What Is The Value Of Participation?, Michael J. Pitts

Oklahoma Law Review

No abstract provided.

The Foundational Importance Of Participation: A Response To Professor Flanders, Joshua A. Douglas

Oklahoma Law Review

No abstract provided.

Partisanship, Politics, And The Voting Rights Act: The Curious Case Of U.S. V. Ike Brown, Donald E. Campbell

Journal Articles

The Voting Rights Act of 1965 has been described as the "crown jewel" of the Civil Rights Movement. The success of the Act to remove official obstacles to voting is undeniable, and the influx of African American voters into the political system changed the nature of politics in the United States at all levels. The political and cultural context has changed so greatly that in 2006, it was politically possible for the President Bush's Justice Department to bring the first claim against an African American for violating the voting rights of white citizens. This article seeks to explain how this …

The Political Morality Of Voting In Direct Democracy, Michael Serota, Ethan J. Leib

Faculty Scholarship

The voting levers in candidate elections and in direct democracy elections are identical. The political obligations that bind the citizens that pull them are not. This Essay argues that voters in direct democracy elections, unlike their counterparts in candidate elections, serve as representatives of the people and are, accordingly, bound by the ethics of political representation. Upending the traditional dichotomy between representative and direct democracy, this Essay explains why citizens voting in direct democracy are representative legislators who must vote in the public interest and must not vote in their private interests.