[EL] Enforceable Pact In Mass Senate Race?

[Josh Douglas]

I've already mentioned this to Matt Taylor, but I thought I would note for
the list that this kind of agreement is not unprecedented.  In 2000 Rick
Lazio and Hillary Clinton agreed to limit the amount of soft money spending
on their campaign, which included asking specific groups not to run ads
supporting them or opposing their opponent.  Many outside groups objected
to the agreement, but by and large the candidates and most outside groups
adhered.  Unlike with Warren and Brown, there was no "formal" enforcement
mechanism beyond public exposure to those who did not comply.

I discuss this voluntary agreement in my draft *Election Law and Civil
Discourse:  The Promise of ADR* (forthcoming in the Ohio State Journal on
Dispute Resolution), available here:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1871280.

Josh

-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu

On Mon, Jan 23, 2012 at 2:54 PM, Smith, Brad <BSmith at law.capital.edu> wrote:

>  My take is here:
> http://www.campaignfreedom.org/blog/detail/brown-warren-reach-deal-on-super-pacs-but-heres-a-better-idea
> .****
>
> ** **
>
> An excerpt:****
>
> I have a better idea. Why not agree that the campaigns will not spend any
> money, except for salaries for staff and for travel. That would be much
> more easily enforceable, and we would know exactly who was breaking an
> agreement and how much they were spending to break it. It would not require
> trying to muzzle citizen speech. It would free both candidates from the
> onerous burden of fundraising, which we are constantly told is a major
> problem that inhibits them from meeting with "real" voters, and it would
> free them from having to meet with donors, which we are constantly told is
> a problem leading to corruption.****
>
> ** **
>
> Think about it - it makes much more sense. Shut up the campaigns, and let
> the Super PACs do their jobs. The candidates can shake hands, hold
> barbecues, and make speeches. Just like if they had their campaigns paid
> for by the government.****
>
> ** **
>
> Something tells me the candidates won't agree. I suspect they believe that
> their speech is worth hearing, even if the speech of their fellow citizens
> is not.****
>
> ** **
>
> ** **
>
> *Bradley A. Smith*
>
> *Josiah H. Blackmore II/Shirley M. Nault *
>
> *  Designated Professor of Law*
>
> *Capital University Law School*
>
> *303 East Broad Street*
>
> *Columbus, OH 43215*
>
> *(614) 236-6317*
>
> *bsmith at law.capital.edu*
>
> *http://www.law.capital.edu/faculty/bios/bsmith.asp*
>
> ** **
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Matt Taylor
>
> *Sent:* Monday, January 23, 2012 2:21 PM
> *To:* law-election at department-lists.uci.edu
> *Subject:* [EL] Enforceable Pact In Mass Senate Race?****
>
>  ** **
>
> Hi all,****
>
> ** **
>
> Spoke to Rick about this already, but just putting out a request for
> thoughts/legal takes on the viability of a no Super PAC deal as is
> supposedly near-completion in the Scott Brown/Elizabeth Warren Senate race.
> Doing a piece for tomorrow morning on this.****
>
> ** **
>
> Feel free to reach out off-list.****
>
>
> Best,****
>
> ** **
>
> Matt Taylor, Political Correspondent****
>
> The National Memo****
>
> (347) 273-1636 (office)****
>
> (646) 783-8585 (mobile)****
>
> @matthewt_ny (twitter)****
>
> ** **
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
>



-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120123/e332e863/attachment.html>