[EL] Lessig Article

Fri Oct 11 03:49:51 PDT 2013

Sorry -- I know the difference between Doris Lessing and Larry Lessig, but I fear my spell check doesn't.

Sent from my iPad

> On Oct 11, 2013, at 6:45 AM, Sam Bagenstos <sbagen at gmail.com> wrote:
> 
> I'm not unsympathetic to Larry's substantive point here, but I have to admit I don't get the criticism of Verrilli or the suggestion that an originalist like Justice Scalia would have to agree with Larry's argument.  Am I right that the word "corruption" appears in the constitutional text only in Article III defining the proper scope of punishments for treason?  So the fact that in the founding era, or even in debates over the Constitution, lots of folks used the word "corruption" in Larry's sense does not imply anything to a textualist-originalist, right?  Because it's not like we're interpreting the word "corruption" in a constitutional provision.  What am I missing?
> 
> (I want to bracket whether it's good to be a textualist-originalist or whether Justice Scalia is a consistent one, and just meet Larry's argument on its own terms.)
> 
> Sent from my iPad
> 
>> On Oct 11, 2013, at 12:10 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
>> 
>> “Enough is enough. I want my government back; The supreme court’s campaign finance rulings have made Congress responsive to rich funders, not the public.”
>> 
>> Posted on October 10, 2013 9:07 pm by Rick Hasen
>> Zephyr Teachout Guardian oped.
>> 
>> <share_save_171_16.png>
>> Posted in campaign finance, Supreme Court
>> More on How Gerrymandering Did Not Cause the Shutdown
>> 
>> Posted on October 10, 2013 9:05 pm by Rick Hasen
>> Seth Masket
>> 
>> McCarthy, Poole, and Rosenthal
>> 
>>  
>> 
>> <share_save_171_16.png>
>> Posted in redistricting
>> Jess Bravin Has Must-Read Interview with Justice Kennedy
>> 
>> Posted on October 10, 2013 3:45 pm by Rick Hasen
>> Part I and II.
>> 
>> I wonder whether his comments about gender and ethnic diversity on the Supreme Court promoting the Court’s legitimacy will have any effect in his thinking in affirmative action cases.
>> 
>> <share_save_171_16.png>
>> Posted in Supreme Court
>> Colbert Takes on Controversial Tom Emmer Campaign Ad, Quotes Campaign Legal Center
>> 
>> Posted on October 10, 2013 3:03 pm by Rick Hasen
>> Watch.
>> 
>> <share_save_171_16.png>
>> Posted in campaign finance, election law "humor"
>> “Fantasyland at the Supreme Court: It’s time to reassert the primacy of political speech in the First Amendment.”
>> 
>> Posted on October 10, 2013 2:38 pm by Rick Hasen
>> Brad Smith on the McCutcheon oral argument.
>> 
>> I expect a string of articles from conservatives to try to insure that Chief Justice Roberts does not “go wobbly” on campaign finance reform too.
>> 
>> <share_save_171_16.png>
>> Posted in campaign finance, Supreme Court
>> “Obama’s Lawyer Should Have Used Originalism to Sway Originalist Justices; If he had met a conservative Court on its own ground, the solicitor general could have notched a victory for liberalism—and helped safeguard campaign-finance protections.”
>> 
>> Posted on October 10, 2013 12:17 pm by Rick Hasen
>> Larry Lessig writes for the Atlantic.
>> 
>> I’ve expressed my deep skepticism of this position.
>> 
>> Larry submitted an amicus brief with CAC on this.  Surely Justice Scalia is familiar with the arguments. If he was swayed even the slightest by the argument, it was not evident at oral argument.
>> 
>> UPDATE: Josh Blackman comments.
>> 
>> <share_save_171_16.png>
>> Posted in Uncategorized
>> “Chesterfield registrar delays purge of voter rolls”
>> 
>> Posted on October 10, 2013 11:51 am by Rick Hasen
>> The latest from Virginia.
>> 
>> <share_save_171_16.png>
>> Posted in election administration, The Voting Wars
>> “Minimum Give the Maximum: Supreme Court could unleash mega-donors with McCutcheon ruling”
>> 
>> Posted on October 10, 2013 11:50 am by Rick Hasen
>> National Institute on Money in State Politics press release.
>> 
>> <share_save_171_16.png>
>> Posted in campaign finance
>> -- 
>> 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
>> hhttp://www.law.uci.edu/faculty/full-time/hasen/
>> http://electionlawblog.org
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