Ronald Rotunda has posted this draft on SSRN (Arkansas Law Review). Here is the abstract:
Recent times have witnessed strong lobbying efforts to move states away from electing judges to appointing them. Opponents of judicial elections repeatedly argue that the… Continue reading
Former Governor Blagojevich’s criminal conviction for trying to sell his power to appoint someone to fill out the rest of the term left on Barack Obama’s Senate seat after Obama had been elected President helps frame this important constitutional question:… Continue reading
The National Law Journal has put together this compilation of thoughts on the Supreme Court term just ended, from practitioners and scholars. I offer thoughts in this package on the Arizona Free Enterprise case, and election law scholar Heather Gerken… Continue reading
Now posted on tomorrow‘s agenda, a new draft AO in Colbert and on the Party Super PAC issue. We’ll see what, if anything, gets a majority vote.
Meanwhile, Commissioners Bauerly and Weintraub have posted some strong statements of reasons… Continue reading
I don’t know if there will be a transcript, but Justice Breyer, in response to a question about the First Amendment and originalism as applied to campaign finance, traced the current majority’s views to those of Judge Learned Hand, and… Continue reading
Mike Allen’s Playbook: “LIVESTREAMING TODAY: 11 a.m. ET, “Does the Supreme Court Follow the People?” with Justice Stephen Breyer, Larry Kramer and retired Justice Sandra Day O’Connor, moderated by Jeffrey Rosen … 2 p.m. ET, “The Modesty Manifesto,” with David… Continue reading