“Death by a Thousand Cuts: How the Supreme Court Has Effectively Killed Campaign Finance Regulation by Its Limited Recognition of Compelling State Interests”

Kevin Huguelet has posted this draft on SSRN (forthcoming University of Miami Law Review).  Here is the abstract: This Article examines the current campaign finance jurisprudence in the United States, with a particular emphasis on the Court’s recognition of compelling state … Continue reading

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“Hillary Clinton’s Bad Campaign Finance Ideas; She’s right that money in politics is a problem. But suggesting a constitutional amendment is foolish.”

I have written this piece for Slate.  It begins: People are deservedly angry about the unprecedented flow of money into our elections. On Wednesday a postal worker literally risked his life to land a gyrocopter near the U.S. Capitol to protest … Continue reading

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Bainbridge: “Corporate Social Responsibility in the Night-Watchman State”

New Steve Bainbridge in the Columbia Law Review Sidebar: In a recent article,[5] Strine and his coauthor Nicholas Walter argue that the U.S. Supreme Court’s controversial Citizens United v. FEC [6]deci­sion poses a significant challenge for “conservative corporate law theory.”[7] They argue that … Continue reading

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“After the Override: An Empirical Analysis of Shadow Precedent”

Brian Broughman and Deborah Widiss have posted this draft on SSRN.  Here is the abstract: Abstract: The ability of Congress to override judicial interpretations of statutory language is central to legislative supremacy. Both political science and legal scholarship assume, often … Continue reading

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“Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law”

Wichita Eagle: Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote. Kobach wants the Supreme Court to … Continue reading

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