For any list members interested, I have written a short paper detailing
the drafting history of Buckley v. Valeo, culled from my examination of
the Supreme Court files of Justices Brennan, Marshall and Powell (the
only three sets of papers currently available to researchers). The
history reveals a number of surprising insights about the case,
including details about the Justices' varying positions on the equality
rationale for campaign finance and about the drafting of the now
(in)famous footnote 52 drawing the line between express advocacy and
issue advocacy.

As the paper is in draft form, I would appreciate any comments about the
paper on or off list.

The paper may be downloaded from SSRN at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=320828

Rick

--
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466 - voice
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html