[EL] ELB News and Commentary 3/22/12
John Greabe
John.Greabe at law.unh.edu
Thu Mar 22 10:10:57 PDT 2012
$(UHi all. In the event that anyone is interested, I thought that I would share a link to my paper on the New Hampshire student voting controversy, which is posted in the Columbia Law Review Sidebar. The paper argues that the federal constitutional definition of state citizenship (defined in the context of diversity litigation to be coextensive with the Restatement's traditional definition of domicile) should be understood to preempt state laws that define domicile for purposes of voting within the state in narrower terms. Here is the link:
www.columbialawreview.org
John M. Greabe
Professor of Law
University of New Hampshire School of Law
(603) 513-5191 (office)
(603) 344-1933 (cell)
>>> Rick Hasen <rhasen at law.uci.edu> 3/22/2012 10:55 AM >>>
“Of super PACs and corruption” ( http://electionlawblog.org/?p=31998 )
Posted on March 22, 2012 7:54 am ( http://electionlawblog.org/?p=31998 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
I have written this opinion piece ( http://www.politico.com/news/stories/0312/74336.html ) for Politico. It begins:
Can Super PACs ( http://www.cnn.com/2012/01/09/opinion/hasen-super-pacs/index.html )and other outside campaign finance groups corrupt?
This question is at the heart of a case ( http://electionlawblog.org/wp-content/uploads/MT-expenditures-decision.pdf )out of Montana which the Supreme Court will likely decide ( http://www.slate.com/articles/news_and_politics/politics/2012/02/justice_ruth_bader_ginsburg_is_ready_to_speak_out_on_the_danger_of_super_pacs_.html ) next term. Corruption is an urgent question for 2012 voters — as outside spending on federal elections skyrockets ( http://www.slate.com/articles/news_and_politics/politics/2012/03/the_supreme_court_s_citizens_united_decision_has_led_to_an_explosion_of_campaign_spending_.html ), and negative ads ( http://electionlawblog.org/?p=30899 )(sometimes paid for by undisclosed donors ( http://electionlawblog.org/?p=31695 )) flood the airwaves in the wake of the Supreme Court’s controversial Citizens United decision.
Though I have no confidence that it will — the Supreme Court should reverse course from Citizens United ( http://scholar.google.com/scholar_case?case=6233137937069871624&q=citizens+united+v.+fec&hl=en&as_sdt=2,5&as_vis=1 ). It should recognize real evidence showing that unlimited spending by these groups can undermine society’s interest in preventing corruption and the appearance of corruption. It is time to rein in the Super PACs and the their non-disclosing cousins, political 501c4s.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31998&title=%E2%80%9COf%20super%20PACs%20and%20corruption%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
Presidential Campaign Money v. Super PAC $ ( http://electionlawblog.org/?p=31995 )
Posted on March 22, 2012 7:51 am ( http://electionlawblog.org/?p=31995 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
A nice graphic ( http://source2012.tumblr.com/post/19695318474/the-super-pac-cavalry-where-would-candidates-be ) from iWatch.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31995&title=Presidential%20Campaign%20Money%20v.%20Super%20PAC%20%24&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Why the ACLU Is Wrong About ‘Citizens United’” ( http://electionlawblog.org/?p=31993 )
Posted on March 22, 2012 7:50 am ( http://electionlawblog.org/?p=31993 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Burt Neuborne writes ( http://www.thenation.com/article/166954/why-aclu-wrong-about-citizens-united ) for The Nation.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31993&title=%E2%80%9CWhy%20the%20ACLU%20Is%20Wrong%20About%20%E2%80%98Citizens%20United%E2%80%99%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Nonprofits Dive into PAC World” ( http://electionlawblog.org/?p=31991 )
Posted on March 22, 2012 7:49 am ( http://electionlawblog.org/?p=31991 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Roll Call reports ( http://www.rollcall.com/issues/57_114/Nonprofits-Dive-Into-PAC-World-213307-1.html?pos=olobh ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31991&title=%E2%80%9CNonprofits%20Dive%20into%20PAC%20World%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ), tax law and election law ( http://electionlawblog.org/?cat=22 ) | Comments Off
“Pa. voter-ID law a modern version of Jim Crow” ( http://electionlawblog.org/?p=31988 )
Posted on March 22, 2012 7:46 am ( http://electionlawblog.org/?p=31988 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Malik Boyd has written this oped ( http://www.philly.com/philly/opinion/20120322_Pa__voter-ID_law_a_modern_version_of_Jim_Crow.html )in the Philadelphia Inquirer.
While I strongly oppose Pa.’s new voter id law, I’ve written ( http://www.amazon.com/Fraudulent-Fraud-Squad-Understanding-ebook/dp/B00795X5XI/ref=zg_bs_157417011_9 ) that Democrats err and overreach with the Jim Crow analogies.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31988&title=%E2%80%9CPa.%20voter-ID%20law%20a%20modern%20version%20of%20Jim%20Crow%E2%80%9D&description=%0D%0A )
Posted in election administration ( http://electionlawblog.org/?cat=18 ), The Voting Wars ( http://electionlawblog.org/?cat=60 ), voter id ( http://electionlawblog.org/?cat=9 ) | Comments Off
“Lobbying association responds to criticism by calling for more regulation, education” ( http://electionlawblog.org/?p=31986 )
Posted on March 22, 2012 7:43 am ( http://electionlawblog.org/?p=31986 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
This important WaPo article ( http://www.washingtonpost.com/politics/lobbying-association-responds-to-criticism-by-calling-for-more-regulation-education/2012/03/20/gIQAREqQSS_story.html ) begins: “Washington lobbyists are making a strange request: more regulation of lobbying.”
The article shows that some lobbyists are supporting lobbying reform out of self-interest, and it provides an opportunity to get meaningful reform done.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31986&title=%E2%80%9CLobbying%20association%20responds%20to%20criticism%20by%20calling%20for%20more%20regulation%2C%20education%E2%80%9D&description=%0D%0A )
Posted in legislation and legislatures ( http://electionlawblog.org/?cat=27 ), lobbying ( http://electionlawblog.org/?cat=28 ) | Comments Off
“In Overtime, Tight Race for Senate Rests With Vote Counters” ( http://electionlawblog.org/?p=31984 )
Posted on March 22, 2012 7:40 am ( http://electionlawblog.org/?p=31984 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
NYT ( http://www.nytimes.com/2012/03/22/nyregion/in-overtime-close-senate-election-shifts-to-the-vote-counters.html?_r=1&ref=nyregion ): “The drama of a contentious Brooklyn special election for a State Senate seat moved into an unmarked warehouse on Wednesday, and as officials began reviewing votes, uncertainty increased alongside absurdity. Because the longer the contest drags on, the shorter the time the winner will serve the 27th District, which will cease to exist in its current form in 2013.”
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31984&title=%E2%80%9CIn%20Overtime%2C%20Tight%20Race%20for%20Senate%20Rests%20With%20Vote%20Counters%E2%80%9D&description=%0D%0A )
Posted in election administration ( http://electionlawblog.org/?cat=18 ) | Comments Off
“Court finds lawmakers failed to create majority-minority Assembly district for Latinos, but leaves maps intact otherwise” ( http://electionlawblog.org/?p=31981 )
Posted on March 22, 2012 7:37 am ( http://electionlawblog.org/?p=31981 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
WisPolitics ( http://elections.wispolitics.com/2012/03/court-finds-lawmakers-failed-to-create.html ): ” A federal court this morning ruled ( http://wispolitics.com/1006/20312032722.pdf )Republicans failed to create a majority-minority Assembly seat for Milwaukee’s Latino community and offered lawmakers the chance to tweak those lines.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31981&title=%E2%80%9CCourt%20finds%20lawmakers%20failed%20to%20create%20majority-minority%20Assembly%20district%20for%20Latinos%2C%20but%20leaves%20maps%20intact%20otherwise%E2%80%9D&description=%0D%0A )
Posted in redistricting ( http://electionlawblog.org/?cat=6 ), Voting Rights Act ( http://electionlawblog.org/?cat=15 ) | Comments Off
“NRCC Cracks Down on Anti-Incumbent Super PAC” ( http://electionlawblog.org/?p=31978 )
Posted on March 22, 2012 7:35 am ( http://electionlawblog.org/?p=31978 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
WSJ ( http://blogs.wsj.com/washwire/2012/03/22/nrcc-cracks-down-on-anti-incumbent-super-pac/?mod=google_news_blog )‘s Washington Wire: ( http://blogs.wsj.com/washwire/2012/03/22/nrcc-cracks-down-on-anti-incumbent-super-pac/?mod=google_news_blog )“The House Republicans’ campaign arm has begun playing hardball with political consulting companies working with an anti-incumbent super PAC, the Campaign for Primary Accountability.”
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31978&title=%E2%80%9CNRCC%20Cracks%20Down%20on%20Anti-Incumbent%20Super%20PAC%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Senate Version of New DISCLOSE Act Introduced, Set for Committee Hearing” ( http://electionlawblog.org/?p=31974 )
Posted on March 21, 2012 7:54 pm ( http://electionlawblog.org/?p=31974 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Bloomberg BNA ( http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=24845980&vname=mpebulallissues&jd=a0d1e2h4g4&split=0 ):
According to a summary ( http://op.bna.com/der.nsf/r?Open=rtar-8sln3p ) provided by the bill’s lead Senate sponsor, Sen. Sheldon Whitehouse (D-R.I.), the bill would require reports to be filed with the Federal Election Commission each time a 501(c) organization or Super PAC spends $10,000 or more related to federal campaigns. The names of all donors providing over $10,000 to such groups to fund campaign activity would have to be reported to the FEC.
The bill would apply to any organization that sponsors “independent expenditures” or “electioneering communications” in campaigns, as defined by current FEC rules. However, the definition of such messages would be expanded to include campaign-related messages throughout an election year.
The measure also would require reporting transfers of funds to prohibit concealing donors by funneling money through third-party groups. It would allow organizations sponsoring political spending to do so through a segregated bank account or other mechanism to protect the identity of donors not paying for political activities.
More from The Hill, ( http://thehill.com/homenews/campaign/217329-senate-dems-push-disclose-act-20 )Politico ( http://www.politico.com/blogs/on-congress/2012/03/senate-dems-take-on-citizens-united-again-118188.html ), Roll Call ( http://www.rollcall.com/news/senate_democrats_unveil_campaign_finance_disclosure_bill-213281-1.html?pos=htmbtxt ), NYT’s Loyal Opposition Blog ( http://loyalopposition.blogs.nytimes.com/2012/03/21/money-makes-the-campaigns-go-round-and-round/ ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31974&title=%E2%80%9CSenate%20Version%20of%20New%20DISCLOSE%20Act%20Introduced%2C%20Set%20for%20Committee%20Hearing%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Law and the President” ( http://electionlawblog.org/?p=31971 )
Posted on March 21, 2012 5:34 pm ( http://electionlawblog.org/?p=31971 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Rick Pildes reviews ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2012024 ) Posner and Vermeule ( http://www.amazon.com/Executive-Unbound-After-Madisonian-Republic/dp/0199765332 ) in the Harvard Law Review. Here is the abstract:
This article explores the extent to which law constrains the exercise of presidential power, in both domestic and foreign affairs. Since the start of the twentieth century, the expansion of presidential power has been among the central features of American political development. Over the last decade, however, scholars across the political spectrum have argued that presidential powers have not just expanded dramatically, but that these powers are not effectively constrained by law. These scholars argue that law fails to limit presidential power not only in exceptional circumstances (times of crisis or emergency), but more generally; that unconstrained presidential power exists not just with respect to limited substantive arenas, such as foreign affairs or military matters, but across the board; and that statutes enacted by Congress, as well as the Constitution, fail to impose effective constraints.
This article takes these claims on in empirical, theoretical, and cultural terms. Empirically, claims of legally unconstrained presidential power turn out to rest on thin evidence, rarely confront conflicting evidence; the empirical case is indeterminate and perhaps impossible Posner and Vermeule see presidents as Holmesians, not Hartians. Yet even if we enter their purely consequentialist world, in which presidents follow the law not out of any normative obligation or the more specific duty to faithfully execute the laws but only when the cost-benefit metric of compliance is more favorable than that of noncompliance, powerful reasons suggest that presidents will comply with law far more often than Posner and Vermeule imply.
In the area of presidential studies, the Posner and Vermeule approach is particularly fresh. For many decades, legal scholarship on presidential power was confined to assessing how much formal legal power the President should be understood to have, as a matter of the original understanding at the time of the Constitution’s adoption or subsequent legal and political practice. In other disciplines, scholarship on the presidency was heavily personality based — organized around studies of individual presidents, or case studies of particular episodes, or narrative accounts of how various presidents had, for example, used military force. But the greater emphasis in the social sciences in recent decades on institutional analysis has recently reached presidential studies, and an emerging series of works now seeks to analyze the presidency not through individual personalities but through the more systematic tools of empirical and theoretical analysis. Posner and Vermeule’s book, in its effort to theorize systematically about the actual (rather than formal) scope of presidential power, should be seen in this light.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31971&title=%E2%80%9CLaw%20and%20the%20President%E2%80%9D&description=%0D%0A )
Posted in Uncategorized ( http://electionlawblog.org/?cat=1 ) | Comments Off
“Elected Judges and Statutory Interpretation” ( http://electionlawblog.org/?p=31968 )
Posted on March 21, 2012 5:30 pm ( http://electionlawblog.org/?p=31968 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Aaron-Andrew Bruhl and Ethan Leib have posted this draft ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2026284 ) on SSRN (forthcoming, University of Chicago Law Review). Here is the abstract:
Ths Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the “unified model,” according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approach statutory text in identical ways. There is much to be said for the unified model – and we offer the first systematic defense of it. But the Article also attempts to make the best case for the more controversial but also plausible contrasting view: that elected judges and appointed judges should actually interpret statutes differently. We explain and defend that view and explore some of its implications and limits. We identify categories of cases in which the argument for interpretive divergence is at its strongest. We also show how the analysis might illuminate several specific doctrinal problems related to judicial federalism and judicial review of agency action.
Looking forward to this!
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31968&title=%E2%80%9CElected%20Judges%20and%20Statutory%20Interpretation%E2%80%9D&description=%0D%0A )
Posted in judicial elections ( http://electionlawblog.org/?cat=19 ), statutory interpretation ( http://electionlawblog.org/?cat=21 ) | Comments Off
“The GOP Assault on the Voting Rights Act” ( http://electionlawblog.org/?p=31965 )
Posted on March 21, 2012 4:49 pm ( http://electionlawblog.org/?p=31965 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Ben Adler blogs ( http://www.thenation.com/node/166933 ) for The Nation.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31965&title=%E2%80%9CThe%20GOP%20Assault%20on%20the%20Voting%20Rights%20Act%E2%80%9D&description=%0D%0A )
Posted in election administration ( http://electionlawblog.org/?cat=18 ), The Voting Wars ( http://electionlawblog.org/?cat=60 ), voter id ( http://electionlawblog.org/?cat=9 ), Voting Rights Act ( http://electionlawblog.org/?cat=15 ) | Comments Off
“Republicans, Democrats and Voter ID” ( http://electionlawblog.org/?p=31963 )
Posted on March 21, 2012 4:48 pm ( http://electionlawblog.org/?p=31963 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Warren Olney’s excellent “To the Point” show featured this segment ( http://www.kcrw.com/news/programs/tp/tp120319the_war_over_voter_i ). I had hoped to be on, but I had a teaching conflict. But a great line-up, and online resources. See below:
Main Topic Republicans, Democrats and Voter ID (12:07PM)
In 16 states, Repubican-dominated legislatures have tightened access to the polls. Pennsylvania’s become the ninth state to require voters to provide photo identification, and Virginia — another swing state — could be next. Republicans say they’re trying to combat rampant fraud in the electoral process. But Democrats and the Obama Justice Department say there’s little evidence of a problem. They insist that new voter ID laws are designed to make it harder for Democrats to cast their ballots, including minorities and especially Hispanics. We look at an issue as old as democracy. Could it be decisive in this year’s presidential election? Guests:
Lawrence Norden ( http://www.kcrw.com/people/norden_lawrence?role=guest ): New York University Law School, @BrennanCenter ( http://twitter.com/BrennanCenter )
Hans von Spakovsky ( http://www.kcrw.com/people/von_spakovsky_hans?role=guest ): Heritage Foundation, @HvonSpakovsky ( http://twitter.com/HvonSpakovsky )
Jon Husted ( http://www.kcrw.com/people/husted_jon?role=guest ): State of Ohio, @OhioSOSHusted ( http://twitter.com/OhioSOSHusted )
Jonathan Chait ( http://www.kcrw.com/people/chait_jonathan?role=guest ): New York magazine, @jonathanchait ( http://twitter.com/jonathanchait )
Hilary Shelton ( http://www.kcrw.com/people/shelton_hilary?role=guest ): NAACP, @HilaryOShelton ( http://twitter.com/HilaryOShelton )
Links:
CalTech/MIT on voter registration and its effect on turnout ( http://vote.caltech.edu/drupal/files/working_paper/vtp_wp14.pdf )
1984 NY Grand Jury report on voter fraud, Election Law blog on ( http://electionlawblog.org/?p=19560 )
Von Spakovsky on voter fraud in New York ( http://www.nationalreview.com/corner/276915/watch-out-voter-fraud-new-york-ninth-hans-von-spakovsky )
Crawford et al. v. Marion County Election Board (Indiana voter ID case), US Supreme Court on ( http://www.supremecourt.gov/opinions/07pdf/07-21.pdf )
Arthur Davis on voter ID, Huffington Post on ( http://www.huffingtonpost.com/2011/10/26/artur-davis-former-congre_n_1033226.html?ncid=txtlnkushpmg00000016 )
Chait on declining Republican power and the nonwhite electorate ( http://nymag.com/news/features/gop-primary-chait-2012-3/ )
Help America Vote Act ( http://www.ncsl.org/legislatures-elections/elections/help-america-vote-act-ncsl-nass-summary.aspx )
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31963&title=%E2%80%9CRepublicans%2C%20Democrats%20and%20Voter%20ID%E2%80%9D&description=%0D%0A )
Posted in election administration ( http://electionlawblog.org/?cat=18 ), fraudulent fraud squad ( http://electionlawblog.org/?cat=8 ), voter id ( http://electionlawblog.org/?cat=9 ), Voting Rights Act ( http://electionlawblog.org/?cat=15 ) | Comments Off
Abramoff to Appear with Americans Elect Candidate Buddy Roemer on Campaign Finance Reform ( http://electionlawblog.org/?p=31960 )
Posted on March 21, 2012 3:11 pm ( http://electionlawblog.org/?p=31960 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Part of the tour ( http://buddyroemer.com/events/2012-03-15/ommittee-for-the-republic-empire-salon-with-jack-abramoff-and-buddy-roemer ) to restore Abramoff’s credibility (and continue to make money off lobbying, by talking about it, I suppose).
It really strikes me a strange bedfellows, the three Musketeers of reform: Abramoff, Lessig, and Roemer. And the troubling internal democracy problems ( http://electionlawblog.org/?s=%22americans+elect%22 ) of Americans Elect.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31960&title=Abramoff%20to%20Appear%20with%20Americans%20Elect%20Candidate%20Buddy%20Roemer%20on%20Campaign%20Finance%20Reform&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ), chicanery ( http://electionlawblog.org/?cat=12 ), lobbying ( http://electionlawblog.org/?cat=28 ) | Comments Off
“DOJ to exempt Pinson; First city in Alabama released from voting rules” ( http://electionlawblog.org/?p=31955 )
Posted on March 21, 2012 2:47 pm ( http://electionlawblog.org/?p=31955 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
The Birmingham News now has a story ( http://blog.al.com/sweethome/2012/03/from_saturdays_paper_pinson_to.html ) which begins: “The city of Pinson is about to be free from U.S. Department of Justice oversight of its city elections, the first exemption from a key section of the Voting Rights Act granted to anyone in Alabama.”
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31955&title=%E2%80%9CDOJ%20to%20exempt%20Pinson%3B%20First%20city%20in%20Alabama%20released%20from%20voting%20rules%E2%80%9D&description=%0D%0A )
Posted in Voting Rights Act ( http://electionlawblog.org/?cat=15 ) | Comments Off
DOJ Wants to Delay Constitutional Voting Rights Issue in Texas Voter ID Case ( http://electionlawblog.org/?p=31952 )
Posted on March 21, 2012 2:45 pm ( http://electionlawblog.org/?p=31952 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
See here ( http://txredistricting.org/post/19694192824/proposed-trial-schedule-in-the-voter-id-case ). A ruling from the three-judge court by mid-August would give just enough time for some emergency action at SCOTUS before the election through some kind of emergency stay or injunction. This would be coming while the Justices are scattered before the beginning of the October 2012 term.
DOJ wants the issue resolved in the Shelby County case first. Wonder if that could be expedited to SCOTUS as some way of dealing with the constitutional issue in a case where there is already a substantial record developed on the issues.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31952&title=DOJ%20Wants%20to%20Delay%20Constitutional%20Voting%20Rights%20Issue%20in%20Texas%20Voter%20ID%20Case&description=%0D%0A )
Posted in election administration ( http://electionlawblog.org/?cat=18 ), Supreme Court ( http://electionlawblog.org/?cat=29 ), voter id ( http://electionlawblog.org/?cat=9 ), Voting Rights Act ( http://electionlawblog.org/?cat=15 ) | Comments Off
“Brief of the Week: When AGs unite” ( http://electionlawblog.org/?p=31949 )
Posted on March 21, 2012 2:40 pm ( http://electionlawblog.org/?p=31949 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
National Law Journal ( http://www.law.com/jsp/nlj/PubArticleSCI.jsp?id=1202546486887&slreturn=1 ): “After the U.S. Court of Appeals for the 11th Circuit upheld bribery and “honest services” fraud convictions of former Alabama governor Don Siegelman last year, more than 100 former state attorneys generals decided to intervene.”
My earlier coverage of this pending cert. petition is here ( http://electionlawblog.org/?p=30941 ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31949&title=%E2%80%9CBrief%20of%20the%20Week%3A%20When%20AGs%20unite%E2%80%9D&description=%0D%0A )
Posted in bribery ( http://electionlawblog.org/?cat=54 ), chicanery ( http://electionlawblog.org/?cat=12 ), ethics investigations ( http://electionlawblog.org/?cat=42 ) | Comments Off
“Political Disclosure Hits 100 Companies” ( http://electionlawblog.org/?p=31946 )
Posted on March 21, 2012 1:36 pm ( http://electionlawblog.org/?p=31946 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
The Center for Political Accountability has issued this press release ( http://www.politicalaccountability.net/index.php?ht=a/GetDocumentAction/i/6224 ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31946&title=%E2%80%9CPolitical%20Disclosure%20Hits%20100%20Companies%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“The Dimensions of Judicial Impartiality” ( http://electionlawblog.org/?p=31943 )
Posted on March 21, 2012 12:36 pm ( http://electionlawblog.org/?p=31943 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Charles Geyh has posted this draft on SSRN ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2016522 ). Here is the abstract:
Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when “we are all legal realists now,” perfect impartiality — the complete absence of bias or prejudice — is at most an ideal, with “impartial enough” becoming, of necessity, the realistic goal. Understanding when imperfectly impartial is nonetheless impartial enough is aided by conceptualizing judicial impartiality in three distinct dimensions: A procedural dimension in which impartiality affords parties a fair hearing; a political dimension in which impartiality promotes public confidence in the courts; and an ethical dimension in which impartiality is a standard of good conduct core to a judge’s self-definition. The seeming contradictions that cut across contexts in which judicial impartiality problems arise, can for the most part be explained with reference to the dimensions those problems inhabit and the constraints under which regulation in those dimensions are subject. Thus, being impartial enough to assure parties a fair hearing in the procedural dimension may or may not be impartial enough to satisfy the public in the political dimension, which may or may not be impartial enough to ensure that judges are behaving honorably in the ethical dimension. Analyzing partiality problems through the lens of the dimensions they occupy not only resolves many of the imponderables that have long plagued the subject, but also reveals a distinct trend, in which impartiality is being transformed from a value traditionally regulated largely by judges and the legal establishment in the procedural and ethical dimensions, to one that is increasingly the province of the political dimension, where it is regulated by the public and its elected representatives. By situating impartiality at the crossroads of judicial procedure, ethics and politics, this article offers a new perspective, not just on judicial impartiality, but also on the role of the American judiciary in the administration of justice and the political process.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31943&title=%E2%80%9CThe%20Dimensions%20of%20Judicial%20Impartiality%E2%80%9D&description=%0D%0A )
Posted in conflict of interest laws ( http://electionlawblog.org/?cat=20 ), judicial elections ( http://electionlawblog.org/?cat=19 ) | Comments Off
Dept of Ad Hominem Attacks ( http://electionlawblog.org/?p=31939 )
Posted on March 21, 2012 12:30 pm ( http://electionlawblog.org/?p=31939 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
So according to the post-Breitbart Big Government site ( http://www.breitbart.com/Big-Government/2012/03/20/setting-the-record-straight-on-lefts-war-against-voter-id ), I attack Hans von Spakovsky’s tactics in drumming up voter fraud allegations in my Fraudulent Fraud Squad preview ( http://www.amazon.com/Fraudulent-Fraud-Squad-Understanding-ebook/dp/B00795X5XI/ref=sr_1_1?s=digital-text&ie=UTF8&qid=1329324138&sr=1-1 ) of my forthcoming book ( http://amzn.to/y22ZTv )because von Spakovsky has a “name that sounds like the bad guy in Raiders of the Lost Ark.”
A remarkably content-free critique of the chapter, which fails to grapple with its central point: that there are no actual cases of significant impersonation voter fraud that merit the voter I.D. laws, even if the harm from those laws is less than some Democrats claim ( http://electionlawblog.org/?p=31719 ).
And I would encourage readers to look at the specific examples of von Spakovsky’s activities (along with the activities of John Fund, Thor Hearne, and others) and make a judgment for themselves.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31939&title=Dept%20of%20Ad%20Hominem%20Attacks&description=%0D%0A )
Posted in fraudulent fraud squad ( http://electionlawblog.org/?cat=8 ), The Voting Wars ( http://electionlawblog.org/?cat=60 ), voter id ( http://electionlawblog.org/?cat=9 ) | Comments Off
“Release of New Report: Loopholes for Sale” ( http://electionlawblog.org/?p=31937 )
Posted on March 21, 2012 12:24 pm ( http://electionlawblog.org/?p=31937 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
U.S. PIRG ( http://www.uspirg.org/news/usp/release-new-report-loopholes-sale ): ” A new report released Wednesday, March 21 by U.S. PIRG and Citizens for Tax Justice (CTJ) ( http://www.uspirg.org/reports/usp/loopholes-sale ) found that thirty unusually aggressive tax dodging corporations have made campaign contributions to 524 (98 percent) sitting members of Congress, and disproportionately to the leadership of both parties and to key committee members. The report, Loopholes for Sale: Campaign Contributions by Corporate Tax Dodgers, examines campaign contributions made by a total of 280 profitable Fortune 500 companies in 2006, 2008, 2010 and to date in 2012.”
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31937&title=%E2%80%9CRelease%20of%20New%20Report%3A%20Loopholes%20for%20Sale%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Big-bucks donations to super PACs keep the GOP race going” ( http://electionlawblog.org/?p=31934 )
Posted on March 21, 2012 11:09 am ( http://electionlawblog.org/?p=31934 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
USA Today reports ( http://www.usatoday.com/news/politics/story/2012-03-21/super-donors-GOP-race/53686982/1 ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31934&title=%E2%80%9CBig-bucks%20donations%20to%20super%20PACs%20keep%20the%20GOP%20race%20going%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Senate Democrats Unveil Campaign Finance Disclosure Bill” ( http://electionlawblog.org/?p=31931 )
Posted on March 21, 2012 10:41 am ( http://electionlawblog.org/?p=31931 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Roll Call ( http://www.rollcall.com/news/senate_democrats_unveil_campaign_finance_disclosure_bill-213281-1.html?pos=htmbtxt ): “A task force of Senate Democrats today introduced a stripped-down campaign finance disclosure bill, reviving legislation that fell one vote short of enactment in the previous Congress. Led by Sen. Sheldon Whitehouse ( http://www.rollcall.com/members/7430.html ) (R.I.), the Senators also announced plans for a Rules and Administration Committee hearing next week on the bill, which they advertised as the “DISCLOSE Act 2.0.”
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31931&title=%E2%80%9CSenate%20Democrats%20Unveil%20Campaign%20Finance%20Disclosure%20Bill%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“For A Personal Cause, Casino Owner Bets On Gingrich” ( http://electionlawblog.org/?p=31928 )
Posted on March 21, 2012 7:56 am ( http://electionlawblog.org/?p=31928 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Peter Overby has this report ( http://www.npr.org/2012/03/20/148939665/for-a-personal-cause-casino-owner-bets-on-gingrich ), the first in a series, on Super PACs.
Today’s story: Romney, SuperPAC Outspend Rivals Combined ( http://www.npr.org/2012/03/21/149039615/romney-superpac-outspend-rivals-combined ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31928&title=%E2%80%9CFor%20A%20Personal%20Cause%2C%20Casino%20Owner%20Bets%20On%20Gingrich%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Wisconsin Judge Won’t Stay Ruling to Invalidate Voter ID Law” ( http://electionlawblog.org/?p=31925 )
Posted on March 21, 2012 7:52 am ( http://electionlawblog.org/?p=31925 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Bloomberg reports ( http://www.businessweek.com/news/2012-03-20/wisconsin-judge-won-t-stay-ruling-to-invalidate-voter-id-law ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31925&title=%E2%80%9CWisconsin%20Judge%20Won%E2%80%99t%20Stay%20Ruling%20to%20Invalidate%20Voter%20ID%20Law%E2%80%9D&description=%0D%0A )
Posted in The Voting Wars ( http://electionlawblog.org/?cat=60 ), voter id ( http://electionlawblog.org/?cat=9 ) | Comments Off
“Meet The New Super PAC PAC+ says it will spend more than $10 million organizing for Obama in black and Latino communities. An independent effort from the left whose targets include Texas, Georgia” ( http://electionlawblog.org/?p=31923 )
Posted on March 21, 2012 7:52 am ( http://electionlawblog.org/?p=31923 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
BuzzFeed reports ( http://www.buzzfeed.com/buzzfeedpolitics/meet-the-new-super-pac ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31923&title=%E2%80%9CMeet%20The%20New%20Super%20PAC%20%20PAC%2B%20says%20it%20will%20spend%20more%20than%20%2410%20million%20organizing%20for%20Obama%20in%20black%20and%20Latino%20communities.%20An%20independent%20effort%20from%20the%20left%20whose%20targets%20include%20Texas%2C%20Georgia%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
“Bet on the feds to throttle the state’s new voter ID law” ( http://electionlawblog.org/?p=31920 )
Posted on March 21, 2012 7:48 am ( http://electionlawblog.org/?p=31920 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Sid Salter has written this column ( http://www.clarionledger.com/article/20120321/OPINION/203210310/Bet-feds-throttle-state-s-new-voter-ID-law ) in the Clarion-Ledger.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31920&title=%E2%80%9CBet%20on%20the%20feds%20to%20throttle%20the%20state%E2%80%99s%20new%20voter%20ID%20law%E2%80%9D&description=%0D%0A )
Posted in The Voting Wars ( http://electionlawblog.org/?cat=60 ), voter id ( http://electionlawblog.org/?cat=9 ), Voting Rights Act ( http://electionlawblog.org/?cat=15 ) | Comments Off
“Lobbying and transparency: A comparative analysis of regulatory reform” ( http://electionlawblog.org/?p=31917 )
Posted on March 21, 2012 7:45 am ( http://electionlawblog.org/?p=31917 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Craig Holman and William Luneberg have written this article ( http://www.palgrave-journals.com/iga/journal/vaop/ncurrent/full/iga20124a.html ) for the new journal, Interest Groups & Advocacy ( http://www.palgrave-journals.com/iga/journal/vaop/ncurrent/index.html ). Here is the abstract:
As citizens grow increasingly wary of whose interests are being represented in the public policy arena, especially in light of recent sensational scandals showing a cozy relationship between professional lobbyists and lawmakers, a crisis of confidence is engulfing many democratic societies across the European and North American continents. Public perceptions of undue influence peddling, in which special interest groups exercise too much sway over government for self-serving purposes, have led to growing demands for the regulation of lobbyists and transparency of the policymaking process. The United States and Canada have been struggling for decades to refine their systems of lobbyist regulation. Of all the shortcomings of the North American model of lobbyist regulation – and there are many – transparency is not, for the most part, one of them. Many European countries have also been experimenting with systems of lobbyist regulation. Until recently, however, the European national experiments have produced very different results among themselves and in comparison with the North American counterparts. Surprisingly, some of the earliest efforts to regulate lobbying occurred among new democratic countries in Eastern Europe rather than the more advanced industrial democracies of Western Europe. This observation stands in stark contrast to the North American experience, where lobbyist regulation emerged as an effort to manage a highly developed class of professional lobbyists within the strictures of long-standing democratic principles. The authors find that the answer to this anomaly lies in the fact that early European lobbyist regulations focused not on transparency as a means to regain public confidence in government, but on providing business interests with access to lawmakers as a means to bolster fledgling economies. This focus on access is quickly giving way to demands for transparency as many European governments, racked by scandal, are striving to salvage the public’s trust. Propelled largely by example from a reluctant European Parliament and Commission, which are themselves attempting to convince Europe that a regional government is in its own interest, several European countries are beginning to make a transition from weak systems of lobbyist regulation, which emphasize business access, to strong systems of lobbyist regulation, which emphasize public transparency. In order to discern ‘best’ practices for achieving transparency through lobbying regulation, the authors first chart the regulatory systems of the United States and Canada. That is followed by an analysis of all of the European lobbying regimes. The oft-expressed objection to this new trend toward transparency in Europe – that professional lobbyists view such regulations as overly burdensome – is undercut by research on European and American lobbyists’ attitudes toward regulation, which are generally quite favorable. Like everyone else, lobbyists realize that they have an image problem and that the best way to address that problem is by operating in the broad daylight of public transparency. Finally, the authors offer recommendations on how to enhance transparency in policymaking, drawing from detailed comparisons of the North American and European models of lobbyist regulation.
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31917&title=%E2%80%9CLobbying%20and%20transparency%3A%20A%20comparative%20analysis%20of%20regulatory%20reform%E2%80%9D&description=%0D%0A )
Posted in legislation and legislatures ( http://electionlawblog.org/?cat=27 ), lobbying ( http://electionlawblog.org/?cat=28 ) | Comments Off
“Montana Secretary of State Won’t Let Libertarians Choose a U.S. Senate Nominee” ( http://electionlawblog.org/?p=31915 )
Posted on March 21, 2012 7:44 am ( http://electionlawblog.org/?p=31915 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Richard Winger blogs ( http://www.ballot-access.org/2012/03/21/montana-secretary-of-state-wont-let-libertarians-choose-a-u-s-senate-nominee/ ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31915&title=%E2%80%9CMontana%20Secretary%20of%20State%20Won%E2%80%99t%20Let%20Libertarians%20Choose%20a%20U.S.%20Senate%20Nominee%E2%80%9D&description=%0D%0A )
Posted in ballot access ( http://electionlawblog.org/?cat=46 ), third parties ( http://electionlawblog.org/?cat=47 ) | Comments Off
“New Florida Data Suggests HAVA’s Approach to Disabled Voters Isn’t Working” ( http://electionlawblog.org/?p=31912 )
Posted on March 21, 2012 7:36 am ( http://electionlawblog.org/?p=31912 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
New ChapinBlog ( http://blog.lib.umn.edu/cspg/electionacademy/2012/03/new_florida_data_suggests_hava.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29 ).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31912&title=%E2%80%9CNew%20Florida%20Data%20Suggests%20HAVA%E2%80%99s%20Approach%20to%20Disabled%20Voters%20Isn%E2%80%99t%20Working%E2%80%9D&description=%0D%0A )
Posted in election administration ( http://electionlawblog.org/?cat=18 ) | Comments Off
“Shop Talk: A new era in campaign finance; Five of the nation’s top campaign finance lawyers reflect on Citizens United and the new world of money and politics.” ( http://electionlawblog.org/?p=31910 )
Posted on March 21, 2012 7:35 am ( http://electionlawblog.org/?p=31910 ) by Rick Hasen ( http://electionlawblog.org/?author=3 )
Campaigns & Elections reports ( http://www.campaignsandelections.com/magazine/us-edition/314162/shop-talk-a-new-era-in-campaign-finance.thtml ) (h/t Eric Brown ( http://politicalactivitylaw.com/2012/03/21/good-morning-here-are-political-law-links-for-wed-march-21-2012/ )).
( http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D31910&title=%E2%80%9CShop%20Talk%3A%20A%20new%20era%20in%20campaign%20finance%3B%20%20Five%20of%20the%20nation%E2%80%99s%20top%20campaign%20finance%20lawyers%20reflect%20on%20Citizens%20United%20and%20the%20new%20world%20of%20money%20and%20politics.%E2%80%9D&description=%0D%0A )
Posted in campaign finance ( http://electionlawblog.org/?cat=10 ) | Comments Off
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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