[EL] ELB News and Commentary 3/27/13

Wed Mar 27 08:01:21 PDT 2013

    "Filibuster Reform 2013: What Happened?"
    <http://electionlawblog.org/?p=48769>

Posted on March 27, 2013 7:48 am <http://electionlawblog.org/?p=48769> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Video 
<http://bipartisanpolicy.org/events/2013/03/filibuster-reform-2013-what-happened> 
from the Bipartisan Policy Center's recent event, featuring:

Keynote remarks by Sen. Tom Udall (D-NM)

Panel discussion featuring:

Richard Arenberg, Brown University

Sarah Binder, George Washington University

Alan Frumin, Former U.S. Senate Parliamentarian

Moderated by John Fortier, Bipartisan Policy Center

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27> | Comments Off

    "Pro-Obama Group Details Fund-Raising and Policy Goals"
    <http://electionlawblog.org/?p=48767>

Posted on March 27, 2013 7:45 am <http://electionlawblog.org/?p=48767> 
by Rick Hasen <http://electionlawblog.org/?author=3>

NYT 
<http://thecaucus.blogs.nytimes.com/2013/03/26/pro-obama-group-details-fund-raising-and-policy-goals/> 
on OFA:

    In addition to the previously reported "board of trustees" whose
    members are expected to raise at least $500,000, it turns out there
    is an even higher tier of donors who are granted entree to the board
    of directors if they raise $1 million for two consecutive years,
    according to a memo that describes the organization's "finance
    leadership levels."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22> | Comments Off

    "Colbert Super PAC -- Ham Rove Memorial Conference Room"
    <http://electionlawblog.org/?p=48764>

Posted on March 27, 2013 7:43 am <http://electionlawblog.org/?p=48764> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Watch 
<http://www.colbertnation.com/the-colbert-report-videos/424717/march-25-2013/colbert-super-pac---ham-rove-memorial-conference-room>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Happy Birthday SpeechNow: Thanks for Trusting Us"
    <http://electionlawblog.org/?p=48761>

Posted on March 27, 2013 7:40 am <http://electionlawblog.org/?p=48761> 
by Rick Hasen <http://electionlawblog.org/?author=3>

CCP 
<http://www.campaignfreedom.org/2013/03/26/happy-birthday-speechnow-thanks-for-trusting-us/>: 
"Today is the third anniversary of /SpeechNow.org v. FEC/, the case 
brought by the Center for Competitive Politics (CCP) that created the 
'super PAC.' So today is a good opportunity to review the importance of 
that case and what still needs to be done."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Gay-Marriage Coverage: A Media Shutout? Coverage of the issue may
    be overshadowing another important civil rights cause."
    <http://electionlawblog.org/?p=48758>

Posted on March 27, 2013 7:34 am <http://electionlawblog.org/?p=48758> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Keli Goff: 
<http://www.theroot.com/blogs/gay-marriage-coverage-media-shutout?wpisrc=root_lightbox>

    I have been baffled by the fact that while the Supreme Court's
    upcoming rulings on voting rights
    <http://www.usatoday.com/story/news/politics/2013/02/28/supreme-court-voting-rights-south-blacks-discrimination/1949719/>
    and affirmative action
    <http://www.latimes.com/news/nationworld/nation/la-na-court-affirmative-action-20130326,0,2832993.story>
    were relegated to a couple of days of nonintensive media coverage,
    coverage of the court's upcoming rulings on same-sex marriage has
    been treated as the second coming of the Brown v. Board of Education
    case
    <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0347_0483_ZS.html>,
    which literally changed America for all Americans, as opposed to the
    second coming of Loving v. Virginia
    <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0388_0001_ZO.html>,
    which the gay-marriage case more closely resembles, and which
    ultimately changed the lives of some Americans: those pursuing
    interracial relationships.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off

    "Ethics reform now includes incumbent-protection provision"
    <http://electionlawblog.org/?p=48754>

Posted on March 27, 2013 7:31 am <http://electionlawblog.org/?p=48754> 
by Rick Hasen <http://electionlawblog.org/?author=3>

News 
<http://m.ajc.com/weblogs/political-insider/2013/mar/26/ethics-reform-now-includes-incumbent-protection-pr/> 
from Georgia.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
conflict of interest laws <http://electionlawblog.org/?cat=20> | 
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    "Issuers Can Take Proactive Steps to Avoid Targeting for Political
    Spending Disclosures" <http://electionlawblog.org/?p=48751>

Posted on March 27, 2013 7:29 am <http://electionlawblog.org/?p=48751> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=30198754&vname=mpebulallissues&jd=a0d7b0g4p6&split=0>:

    Public companies that want to avoid being targeted publicly by
    institutional investors and other activists with respect to
    political spending disclosures can take proactive steps to mitigate
    their exposure, Covington & Burling LLP attorneys said March 21.

    One first move would be for a company to improve its so-called
    "CPA-Zicklin Index" score, which often serves as an early red flag
    to investors, suggested Robert Kelner, a Washington-based Covington
    partner.
    The CPA-Zicklin Index of Corporate Political Accountability and
    Disclosure---a collaborative effort between the Center for Political
    Accountability and the University of Pennsylvania Wharton School of
    Business's Zicklin Center for Business Ethics Research---annually
    rates the top 200 companies in the S&P 500 based on their perceived
    level of political expenditure disclosures.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Longstanding Agency Interpretations"
    <http://electionlawblog.org/?p=48748>

Posted on March 27, 2013 7:25 am <http://electionlawblog.org/?p=48748> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Anita Krishnakumar has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2224066>on SSRN.  
Here is the abstract:

    How much deference --- or what kind --- should courts give to
    longstanding agency interpretations of statutes? Surprisingly,
    courts and scholars lack a coherent answer to this question. Some
    legal scholars have assumed that longstanding agency statutory
    interpretations are treated with heightened deference upon judicial
    review, and some federal courts have made statements suggesting that
    this is the governing legal rule. But in practice, federal court
    review of longstanding agency interpretations --- at both the court
    of appeals and the U.S. Supreme Court --- turns out to be
    surprisingly erratic. Reviewing courts sometimes note the longevity
    of an agency's statutory interpretation as a plus factor in their
    deference analysis, but at other times completely ignore or dismiss
    an agency interpretation's longevity. Moreover, judicial rhetoric
    about the relevance of longevity in the review of agency statutory
    interpretations is inconsistent from case to case.

    What makes this doctrinal incoherence particularly remarkable is
    that courts usually care much more about the predictability of
    statutory interpretations and about upsetting settled institutional
    practices. In fact, in two analogous contexts --- judicial
    interpretations of statutes and historical executive branch practice
    in the constitutional arena --- courts accord strong precedential
    effect, or a presumption of correctness, to established legal rules.
    This Article compares federal courts' chaotic treatment of
    longstanding agency statutory interpretations with the precedential
    effect they give to longstanding judicial interpretations of
    statutes and the historical "gloss" effect that courts give to past
    executive practice in constitutional interpretation. It argues that
    longstanding agency interpretations of statutes are equally
    deserving of heightened judicial deference and that, at the very
    least, federal courts' disparate treatment of such interpretations
    --- without acknowledging or justifying the distinction --- is
    troubling. The Article advocates that longstanding agency
    interpretations should be entitled to precedential effect by
    reviewing courts and outlines how such an approach might work.

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Posted in statutory interpretation <http://electionlawblog.org/?cat=21> 
| Comments Off

    "Legacy and the Supremes: A Psychoanalytic Look at the Court"
    <http://electionlawblog.org/?p=48745>

Posted on March 27, 2013 7:21 am <http://electionlawblog.org/?p=48745> 
by Rick Hasen <http://electionlawblog.org/?author=3>

I was speaking 
<http://www.thetakeaway.org/2013/mar/27/historical-legacy-supreme-court-justice/>on 
The Takeaway today, talking about my recent Reuters Opinion piece, Same 
Sex Marriage: Court on the Couch 
<http://blogs.reuters.com/great-debate/2013/03/26/same-sex-marriage-court-on-the-couch/>.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | 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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