Foreword: The State Of The Republican Form Of Government In Montana,
2013
University of Montana School of Law
Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone
Montana Law Review
This Volume marks an opportunity to reassess the impact of these recent federal interventions on the republican form of government in the states. As the varied contributions demonstrate, it also marks an opportunity to reassert a role for the states in reforming republicanism in the wake of Citizens United and related developments.
The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?,
2013
New York University School of Law
The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall
Montana Law Review
In its Western Tradition Partnership decision, the Montana Supreme Court ruled that the constitutionality of state campaign finance restrictions should be reviewed with particular reference to the political history and traditions of the state enacting the regulation. In so holding, the Montana Court recognized that the states have different political cultures and that these different political cultures can lead to very different regulatory concerns. On this basis, the Montana Court concluded that a type of campaign finance restriction that may be unconstitutional when applied to national elections or to elections in one state might be constitutionally permissible when applied to …
Evidencing A Republican Form Of Government: The Influence Of Campaign Money On State-Level Elections,
2013
National Institute on Money in State Politics
Evidencing A Republican Form Of Government: The Influence Of Campaign Money On State-Level Elections, Edwin Bender
Montana Law Review
Evidence compiled by the Institute over the last decade from all 50 states demonstrates that understanding the role money plays in elections and public policy development, and specifically how campaign-finances are regulated, can improve the representative forms of government in the states. If a state wants more inclusive elections—contested as well as monetarily competitive—then data shows that adjusting contribution limits or funding mechanisms can have a dramatic effect. Offering incentives for donors to participate and for candidates to seek out more small-dollar donors can also have a positive effect on both the number of candidates who run and thenumber of …
The System Of Campaign Finance Disclosure,
2013
Alexander Blewett III School of Law at the University of Montana
The System Of Campaign Finance Disclosure, Anthony Johnstone
Faculty Law Review Articles
This Essay considers Professor Gilbert’s model as the core element in a dynamic system of campaign finance disclosure. First, it recognizes several useful contributions of the model’s framework of informational costs and benefits. In the simplest analysis, disclosure increases the information available to voters by adding source revelation to campaign speech. However, the reality is more complicated. Disclosure can have a chilling effect that decreases the amount of campaign speech by imposing administrative and exposure burdens on speakers. As Professor Gilbert shows, this cannot end the analysis. What matters is not just the magnitude of the chilling effect on speech, …
Recalibrating Campaign Finance Law,
2013
Alexander Blewett III School of Law at the University of Montana
Recalibrating Campaign Finance Law, Anthony Johnstone
Faculty Law Review Articles
This Essay seeks to provide a theoretical framework for conceptualizing this relationship and considering reforms. Part I traces the variation of campaign finance regimes across several political eras and several jurisdictional scales. Strikingly, although similar six-figure campaign finance scandals prompted the reforms of each era, federal lawmakers in each era have drawn progressively lower one-size-fits-all contribution limits and disclosure thresholds. Meanwhile, state campaign finance laws have been more carefully calibrated to reflect the electoral and financial circumstances of particular electoral contests. Part II considers the currently permissible means and ends of campaign finance law and how they constrain the calibration …
Four Candidates, Two-Horse Race?,
2013
Singapore Management University
Four Candidates, Two-Horse Race?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and NMP Eugene Tan said that much is at stake for the four political parties contesting the Punggol East by-election. Regardless of how the parties seek to characterise the by-election, it will be fought on both local and national issues. Although it is a four-cornered contest, the race will effectively be a two-horse race between the Workers' Party (WP) and the incumbent People's Action Party (PAP). The by-election is also a way station for PAP and WP as they move towards the next General Election, which promises to be the real watershed election. Assistant Prof …
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote,
2013
University of Oklahoma College of Law
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison
American Indian Law Review
No abstract provided.
A Cure Worse Than The Disease?,
2013
University of Michigan Law School
A Cure Worse Than The Disease?, Ellen D. Katz
Articles
The pending challenge to section 5 of the Voting Rights Act insists the statute is no longer necessary. Should the Supreme Court agree, its ruling is likely to reflect the belief that section 5 is not only obsolete but that its requirements do more harm today than the condition it was crafted to address. In this Essay, Professor Ellen D. Katz examines why the Court might liken section 5 to a destructive treatment and why reliance on that analogy in the pending case threatens to leave the underlying condition unaddressed and Congress without the power to address it.
What Was Wrong With The Record?,
2013
University of Michigan Law School
What Was Wrong With The Record?, Ellen D. Katz
Articles
Shelby County v. Holder offers three reasons for why the record Congress amassed to support the 2006 reauthorization of the Voting Rights Act (VRA) was legally insufficient to justify the statute's continued regional application: (1) the problems Congress documented in 2006 were not as severe as those that prompted it to craft the regime in 1965; (2) these problems did not lead Congress to alter the statute's pre-existing coverage formula; and (3) these problems did not exclusively involve voter registration and the casting of ballots.
Redistricting Litigation And The Delegation Of Democratic Design,
2013
University of Washington School of Law
Redistricting Litigation And The Delegation Of Democratic Design, Lisa Marshall Manheim
Articles
This Article seeks to reveal how the practice of litigating as redistricting, which has evolved into a form of litigation highly susceptible to procedural manipulation, has created a type of redistricting that grants profound power to those who choose to litigate. In so doing, this Article rejects any understanding of the redistricting process that understands the influence of litigants to be somehow negated or neutralized by the involvement of courts. It recognizes, moreover, that many of the defining features of redistricting litigation–which are, in certain respects, analogous to those characterizing other problematic forms of litigation–nevertheless reflect some of the most …
Coordination Reconsidered,
2013
Columbia Law School
Coordination Reconsidered, Richard Briffault
Faculty Scholarship
At the heart of American campaign finance law is the distinction drawn by the Supreme Court in Buckley v. Valeo between contributions and expenditures. According to the Court, contributions may be limited because they pose the dangers of corruption and the appearance of corruption, but expenditures pose no such dangers and therefore may not be limited. The distinction between the two types of campaign spending turns not on the form – the fact that contributions proceed from a donor to a candidate, while expenditures involve direct efforts to influence the voters – but on whether the campaign practice implicates the …
The Future Of Public Funding,
2013
Columbia Law School
The Future Of Public Funding, Richard Briffault
Faculty Scholarship
The title of my talk today is the “the future of public funding,” and I am tempted to say “there’s not much future” for public funding. The 2012 presidential election marked the first time since the presidential public funding law was enacted in 1974 that neither major party presidential candidate accepted public funding in the general election and the first time that no significant contender for a major party nomination accepted public funding in the primary phase. Congressional public funding appears dead in the water. In the last Congress, public funding proposals were referred to House and Senate committees, where …
South Carolina's 'Evolutionary Process',
2013
University of Michigan Law School
South Carolina's 'Evolutionary Process', Ellen D. Katz
Articles
When Congress first enacted the Voting Rights Act (VRA) in 1965, public officials in South Carolina led the charge to scrap the new statute. Their brief to the Supreme Court of the United States described the VRA as an “unjustified” and “arbitrary” affront to the “Equality of Statehood” principle, and a “usurp[ation]” of the State’s legislative and executive functions. Not surprisingly, the Warren Court was unpersuaded and opted instead to endorse broad congressional power to craft “inventive” remedies to address systematic racial discrimination and to “shift the advantage of time and inertia from the perpetrators of evil to its victims.” …
Shelby County V. Holder: Why Section 2 Matters,
2013
University of Michigan Law School
Shelby County V. Holder: Why Section 2 Matters, Ellen D. Katz
Articles
Editor’s Note: Professor Ellen D. Katz writes and teaches about election law, civil rights and remedies, and equal protection. She and the Voting Rights Initiative at Michigan Law filed a brief as amicus curiae in Shelby County v. Holder, on which the U.S. Supreme Court heard oral arguments February 27. Here, she examines why Section 2 of the Voting Rights Act bears consideration in the case, which involves a challenge to Section 5 of the act.
Living With Voters’ Existential Angst,
2013
Singapore Management University
Living With Voters’ Existential Angst, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and NMP Eugene Tan analysed the results of the Punggol East by-election and discussed what it signals next for the People’s Action Party (PAP), the Workers’ Party, the opposition in general and Singaporeans. He said that while we should be careful not to extrapolate the results of the Punggol East by-election as being a barometer of national sentiment, the results are nonetheless a useful snapshot of the dynamic political situation. He added that PAP urgently needs to connect more with this existential angst, anxiety and aspirations of voters who feel a growing sense of alienation. …
Mapping A Post-Shelby County Contingency Strategy,
2013
Duke Law School
Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
This Essay was written for the Yale Law Journal Online Symposium on the future of section 5 of the Voting Rights Act after Shelby County v. Holder. Professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer argue that voting rights activists ought to be prepared for a future in which section 5 is not part of the landscape. If the Court strikes down section 5, an emerging ecosystem of private entities and organized interest groups of various stripes—what they call institutional intermediaries—may be willing and able to mimic the elements that made section 5 an effective regulatory device. As voting rights …
Monitored Disclosure: A Way To Avoid Legislative Supremacy In Redistricting Litigation,
2012
University of Washington School of Law
Monitored Disclosure: A Way To Avoid Legislative Supremacy In Redistricting Litigation, Mark Tyson
Washington Law Review
The Speech or Debate Clause of the U.S. Constitution protects members of Congress from testifying about “legislative acts” or having “legislative acts” used against them as evidence. U.S. Supreme Court decisions delineating the scope of what constitutes a “legislative act” have an episodic feel and have failed to create a readily applicable test for new factual scenarios. One such scenario occurs when members of Congress communicate with state legislators regarding congressional redistricting. Courts must know how to handle instances where members of Congress assert legislative privilege in the redistricting context, and specifically when members of Congress assert the privilege in …
Why The National Popular Vote Compact Is Unconstitutional,
2012
Brigham Young University Law School
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
BYU Law Review
Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?,
2012
University of Florida Levin College of Law
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
Florida Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process,
2012
Pepperdine University
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
