[EL] ELB News and Commentary 3/11/14
Rick Hasen
rhasen at law.uci.edu
Tue Mar 11 07:47:18 PDT 2014
Katrina vanden Heuvel: The 'next Citizens United' may fuel a popular
uprising" <http://electionlawblog.org/?p=59368>
Posted on March 11, 2014 7:43 am <http://electionlawblog.org/?p=59368>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo column
<http://www.washingtonpost.com/opinions/katrina-vanden-heuvel-the-next-citizens-united-may-fuel-a-popular-uprising/2014/03/11/6e1c0892-a898-11e3-b61e-8051b8b52d06_story.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"Ready for a surprise? Money DOES equal access in Washington"
<http://electionlawblog.org/?p=59366>
Posted on March 11, 2014 7:38 am <http://electionlawblog.org/?p=59366>by
Rick Hasen <http://electionlawblog.org/?author=3>
Another fascinating piece
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/03/11/ready-for-a-surprise-money-does-equal-access-in-washington/>
today:
Two political science graduate students are now seeking to bring
some precision to that discussion through the kind of randomized,
controlled study used to test the impact of pharmaceuticals.
Joshua Kalla at Yale University and David Broockman at the
University of California, Berkeley, are out today with the results
of a novel field experiment
<http://www.ocf.berkeley.edu/%7Ebroockma/kalla_broockman_donor_access_field_experiment.pdf>
that measured how campaign donations -- even the prospect of them --
alter the behavior of members of Congress and their staff....
It's worth noting that all those who met with congressional offices
were real CREDO members or political donors, none of whom knew they
were part of an experiment.
The results: Only 2.4 percent of the offices made the member of
Congress or chief of staff available when they believed those
attending were just constituents, but 12.5 percent did when they
were told the attendees were political donors.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
legislation and legislatures <http://electionlawblog.org/?cat=27>,
lobbying <http://electionlawblog.org/?cat=28>
"Forms of Influence and the Best Bet"
<http://electionlawblog.org/?p=59364>
Posted on March 11, 2014 7:35 am <http://electionlawblog.org/?p=59364>by
Rick Hasen <http://electionlawblog.org/?author=3>
Interesting Bob Bauer post
<http://www.moresoftmoneyhardlaw.com/2014/03/forms-influence-best-bet/>
on, among other things, yesterday's NYT Herbalife story:
What is missing here is the campaign contribution, or the
independent expenditure, or a hint that either is under
consideration. This is because, as Pildes suggests, "corporations
probably are probably able to attain influence more effectively
through spending their money on lobbying specific issues, rather
than generally trying to influence election outcomes." Richard
Pildes, /How Consequential is Citizens United/?, ELECTION LAW BLOG,
November 9, 2011, http://electionlawblog.org/?p=25207. Campaign cash
still makes its appearance, but not, in a leading role, except
that it remains central in the vast majority of conversation,
theorizing, writing and reporting about the role of money in
politics and the future of reform. Lobbying
<http://www.moresoftmoneyhardlaw.com/2013/06/disclosure-priorities/>, along
with the related question of the standards of official conduct
<http://www.moresoftmoneyhardlaw.com/2013/09/political-contributions-conflicts-of-interest-and-the-role-of-ethical-standards/>,
lag well behind in these discussions: consider that the first major
lobbing law reform came fully two decades after the enactment of the
1974 Watergate-era campaign financing reforms. Yet for interests
with billions at stake and much to spend, lobbying and the other
forms of paid advocacy and pressure are still the best bet.
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Posted in lobbying <http://electionlawblog.org/?cat=28>
"Money in Politics: The Good, the Bad, and the Ugly"
<http://electionlawblog.org/?p=59362>
Posted on March 11, 2014 7:32 am <http://electionlawblog.org/?p=59362>by
Rick Hasen <http://electionlawblog.org/?author=3>
Great event and lineup <http://www.valpo.edu/law/law-review> at
Valpariso April 4 that unfortunately I have to miss.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"How A Mysterious Redacted Document Could Affect Money in Politics"
<http://electionlawblog.org/?p=59360>
Posted on March 11, 2014 7:31 am <http://electionlawblog.org/?p=59360>by
Rick Hasen <http://electionlawblog.org/?author=3>
Fascinating Shane Goldmacher
<http://www.nationaljournal.com/politics/how-a-mysterious-redacted-document-could-affect-money-in-politics-20140311>
report for /National Journal: /
The Federal Election Commission was deadlocked, and no one was
surprised. Democrats had wanted to crack down; Republicans didn't.
No matter that it could have been among the most important campaign
finance decisions in years. No matter that the agency's general
counsel had recommended action. Divided equally and hopelessly by
ideology, the six commissioners were at a stalemate.
It was all perfectly ordinary for this dysfunctional agency. All
except for footnote 111.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"Activist lawyer aims to drop campaign restrictions"
<http://electionlawblog.org/?p=59358>
Posted on March 11, 2014 7:27 am <http://electionlawblog.org/?p=59358>by
Rick Hasen <http://electionlawblog.org/?author=3>
USA Today profiles <http://www.jconline.com/usatoday/article/6259863>
conservative campaign finance lawyer Dan Backer.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The irony of Ben & Jerry's opposition to Citizens United should not
go unnoticed" <http://electionlawblog.org/?p=59356>
Posted on March 10, 2014 3:15 pm <http://electionlawblog.org/?p=59356>by
Rick Hasen <http://electionlawblog.org/?author=3>
Derek Muller's blog post
<http://excessofdemocracy.com/blog/2014/3/the-irony-of-ben-jerrys-opposition-to-citizens-united-should-not-go-unnoticed>
should not go unread.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"New Report on Restoring Voting Rights for Former Felons"
<http://electionlawblog.org/?p=59354>
Posted on March 10, 2014 2:48 pm <http://electionlawblog.org/?p=59354>by
Rick Hasen <http://electionlawblog.org/?author=3>
Project Vote release
<http://projectvote.org/component/content/article/1063-new-report-on-restoring-voting-rights-for-former-felons.html>.
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Posted in felon voting <http://electionlawblog.org/?cat=66>
"Ice Cream Makers Ben & Jerry Take on Citizens United"
<http://electionlawblog.org/?p=59352>
Posted on March 10, 2014 2:45 pm <http://electionlawblog.org/?p=59352>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Takeaway reports
<http://www.thetakeaway.org/story/founders-ben-jerrys-campaign-finance/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"After Big Bet, Hedge Fund Pulls the Levers of Power"
<http://electionlawblog.org/?p=59349>
Posted on March 10, 2014 9:54 am <http://electionlawblog.org/?p=59349>by
Rick Hasen <http://electionlawblog.org/?author=3>
Important and extensive NYT repor
<http://www.nytimes.com/2014/03/10/business/staking-1-billion-that-herbalife-will-fail-then-ackman-lobbying-to-bring-it-down.html?hp>t:
Regulators frequently get entreaties from financiers urging action
for their own financial gain, like the hedge fund executives who in
2010 tried to secretly push Obama administration
<http://www.citizensforethics.org/press/entry/crew-calls-for-investigation-into-possible-market-manipulation-wall-street>
officials to investigate for-profit colleges, again citing
fraudulent industry practices, after betting that their stocks would
decline.
But Mr. Ackman's efforts illustrate how Washington is increasingly
becoming a battleground of Wall Street's financial titans, whose
interest in influencing public policy is driven primarily by a
desire for profit --- part of an expanding practice in the nation's
capital, with corporations, law firms and lobbying practices
establishing political intelligence units to gather news they can
trade on.
So far, Mr. Ackman has persuaded four members of Congress, a New
York State senator, a City Council member in Boston, the majority
leader of the Nevada Senate and other elected officials in
California to join the cause. Prominent consumer advocates in
Washington, as well as leaders of well-respected Hispanic and
African-American community groups who have been lobbied by Mr.
Ackman's team, have also written regulators demanding action.
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Posted in lobbying <http://electionlawblog.org/?cat=28>
--
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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