Subject: news of the day 5/25/05
From: Rick Hasen
Date: 5/25/2005, 7:25 AM
To: election-law

Washington Trial: Day 2

See this recap and preview of today's testimony.


"527 Markup Put Off"

The Hill offers this report.

Posted by Rick Hasen at 07:14 AM

Appeal in As-Applied Challenge to BCRA

The James Madison Center has filed this brief in the Supreme Court raising an as applied challenge to the electioneering communications provisions of BCRA. The gist of the case is that BCRA's ban on broadcast ads paid for with corporate funds cannot apply to a corporation that is running a genuine issue ad not intended to influence the outcome of an election. You can find links to my earlier coverage of this case here. On page 55 of my recent Penn Law Review article on McConnell, I express doubts that an as-applied challenge like WRTL's challenge will succeed. For a different viewpoint, see Bob Bauer here, here, and here.


In the Election Law Mailbag

I have received K.K. DuVivier, State Ballot Initiatives in the Federal Preemption Equation: A Medical Marijuana Case Study, 40 Wake Forest Law Review 221 (2005) and David B. Magleby et al., eds, Dancing Without Partners: How Candidates, Parties and Interest Groups Interact in the New Campaign Finance Environment (375 page report containing 21 case studies). 
-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org