"In Calif., Power by Plebiscite"
George Will offers this
Washington Post column.
"Ney Rebuffs Dean's Push for a Paper Trail"
Roll Call offers this report
(paid subscription required), which begins: "Rep. Bob Ney (R-Ohio) on
Tuesday rejected a demand by former Vermont Gov. Howard Dean (D) for
voter-verified paper-trail balloting, telling the former Democratic
presidential candidate that 'left-wing groups' like America Coming
Together and Dean’s Democracy for America were exploiting the issue to
inflame their supporters and raise money."
Coverage of Yesterday's Senate Hearing on the FEC
The Boston Globe is here.
[links to be added]
"N.Y. Commissioners Attack Rules on Judicial
Electioneering"
Law.com offers this
report. Thanks to Steven Sholk for the pointer.
Pildes on Posner
Rick Pildes has posted on SSRN Competitive,
Deliberative and Rights Oriented Democracy. Here is the abstract:
heories have been developed to provide a unifying framework for
evaluating the Supreme Court's increasing use of constitutional law to
regulate the structure of democratic processes and institutions, in
areas like primary elections, campaign financing, direct democracy,
third-party politics, and regulation of political parties. These
competitive theories have been offered as an alternative to the more
conventional, individual rights models that characterize the current
judicial approach to issues of politics. At the same time, political
theorists have been debating deliberative v. aggregative theories of
democracy. In his new book, Law, Pragmatism, and Democracy, Richard
Posner heaps contempt on deliberative theories of democracy and defends
competitive ones. This review of Posner's book examines the
relationship between deliberative, competitive, and rights-oriented
theories of democracy and makes the case for greater attention to the
institutional structures that shape democracy.
A version of this will apppear in the October issue of the
Election
Law Journal, with a response by Judge Posner.