Arbitrating Ballot Battles, 2016 William & Mary Law School
Clearing The Political Thicket: Why Political Gerrymandering For Partisan Advantage Is Unconstitutional, 2016 William & Mary Law School
Clearing The Political Thicket: Why Political Gerrymandering For Partisan Advantage Is Unconstitutional, Michael Parsons
William & Mary Bill of Rights Journal
No abstract provided.
Closed Vote Not The Only Way To Ensure Minority Ep, 2016 Singapore Management University
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
How to ensure that minorities can be periodically elected, if we have not had a minority President for some time, is probably the most controversial term of reference for the high-powered Constitutional Commission chaired by Chief Justice Sundaresh Menon.
If I Go Crazy, Then Will You Still Call Me A Super Pac? How Enmeshment With Political Action Committees Makes Contribution Limits Enforceable On Independent Expenditure-Only Committees, 2016 University of Cincinnati Law Review
If I Go Crazy, Then Will You Still Call Me A Super Pac? How Enmeshment With Political Action Committees Makes Contribution Limits Enforceable On Independent Expenditure-Only Committees, Brian Greivenkamp
University of Cincinnati Law Review
No abstract provided.
Beyond Citizens United, 2016 Indiana University Maurer School of Law
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Articles by Maurer Faculty
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
Voters’ Choice Showed Their Pragmatic Side, 2016 Singapore Management University
Voters’ Choice Showed Their Pragmatic Side, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The electoral victory by the People’s Action Party’s (PAP) Murali Pillai in Saturday’s by-election in Bukit Batok did not come as a surprise. Mr Murali won 61.2 per cent of the votes, defeating Singapore Democratic Party’s (SDP) Chee Soon Juan in a straight fight.
Beyond Citizens United, 2016 Tulane Law School
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Fordham Law Review
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
Inventing Equal Sovereignty, 2016 Harvard Law School
Inventing Equal Sovereignty, Leah M. Litman
Michigan Law Review
The Supreme Court’s 2013 decision in Shelby County v. Holder relied on the “fundamental principle” and “historic tradition” of equal sovereignty to hold one of the Voting Rights Act’s key provisions unconstitutional. Yet almost three years after Shelby County, and despite a recent wave of equal sovereignty challenges to major federal programs, the equal sovereignty principle remains largely unexamined. This Article seeks to provide some clarity—both to establish the contours of the equal sovereignty doctrine and to evaluate whether it is a sound rule of constitutional federalism. The principle of equal sovereignty, as initially articulated by courts and subsequently …
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, 2016 Stanford University
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Journal of Intellectual Property Law
No abstract provided.
The Hatch Act Modernization Act: Putting The Government Back In Politics, 2016 Fordham University School of Law
The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro
Fordham Urban Law Journal
No abstract provided.
Keeping Up With New Legal Titles, 2016 University of Kentucky College of Law
Keeping Up With New Legal Titles, Tina M. Brooks
Law Faculty Scholarly Articles
In this book review, Tina M. Brooks discusses Voters' Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections by Chris W. Bonneau and Damon M. Cann.
De Facto Class Actions? Plaintiff- And Defendant-Oriented Injunctions In Election Law, Voting Rights And Other Constitutional Cases, 2016 Florida State University College of Law
De Facto Class Actions? Plaintiff- And Defendant-Oriented Injunctions In Election Law, Voting Rights And Other Constitutional Cases, Michael T. Morley
Scholarly Publications
No abstract provided.
Judging Judicial Elections, 2016 Emory University School of Law
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Michigan Law Review
Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, 2016 JustLeadershipUSA
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
Fordham Urban Law Journal
No abstract provided.
Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, 2016 New York City Campaign Finance Board
Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie
Fordham Urban Law Journal
No abstract provided.
Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, 2016 Fordham University School of Law
Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan
Fordham Urban Law Journal
No abstract provided.
Campaign Finance Advisory Opinions At The State Level, 2016 Center for Competitive Politics
Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan
Fordham Urban Law Journal
No abstract provided.
Introduction, 2016 Fordham Law School
The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, 2016 College of Education at the University of Colorado
The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo
Fordham Urban Law Journal
No abstract provided.
Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, 2016 Wayne State University Law School
Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson
Fordham Urban Law Journal
Since the founding of our democracy, attempts to curb the influence of money in the political process consistently fall short of their goal. In fact, a growing number of cynics see campaign finance reform—or any effort to reduce the impact of money in the political process—as inherently doomed to fail. With the recent dearth of meaningful campaign finance reform on the federal level in the post-Citizens United era, reform advocates must look to the states to explore and enact changes to the law that will promote a healthier role for money in politics. This Article reviews efforts to reform government …