"Psychological research has proven again and
again that anonymity increases unethical behavior."
This
sentence appears in a NY Times oped today about anonymous
comments on websites. I'm wondering whether anyone has looked at
this literature and applied it to an argument in favor of
campaign finance disclosure laws. Sounds like it might be a
fruitful endeavor.
Posted by Rick Hasen at
01:01
PM
"Politics as the Friend of Campaign Finance
Reform"
John Samples has written this
post for the Cato-Unbound series (about to wind up at the
end of the month) on campaign
finance disclosure.
Posted by Rick Hasen at
11:24
AM
"San Diego political donations tougher to track"
The San Diego Union Tribune offers this
report. (Disclosure: I am one of the attorneys
representing the City of San Diego in the litigation described
in this article.)
Posted by Rick Hasen at
10:02
AM
"May Lawyers be Given the Power to Elect Those
Who Choose Our Judges? 'Merit Selection' and Constitutional Law
"
Nelson Lund has posted this
draft on SSRN. Here is the abstract:
"Missouri Plan" judicial selection mechanisms, which many states
have adopted, seek to ensure that judges are appointed on the
basis of "merit" rather than "politics." These devices typically
feature a judicial nominating commission comprising some lawyers
and some lay members. The lay members are usually chosen by the
governor, and the lawyers are frequently elected by the state
bar.
Laws giving lawyers a legally preferred role in judicial
selection sit very uneasily with basic tenets of republican
government and political economy, though principles of
federalism might counsel against federal interference with these
state decisions about the structure of government. Whatever one
thinks about those contending principles, however, the states
are now governed by a well-settled body of equal protection
doctrine that sharply limits their authority to hold elections
from which some voters are excluded.
The inferior federal courts have uniformly upheld Missouri Plan
devices against equal protection challenges, but all of the
opinions have been poorly reasoned. This paper focuses on the
Kansas version of merit selection, which gives lawyers a
uniquely powerful role in selecting that state’s supreme
court. The paper concludes that the Kansas system, which is now
being challenged in federal court, is almost certainly
unconstitutional under existing precedent.
Posted by Rick Hasen at
08:45
AM
"'Happy Recount Day': First day is the start of
a long and sometimes feisty process"
Jay Weiner writes
from the trenches.
Posted by Rick Hasen at
08:38
AM
"What Has Caperton Wrought? Recusal, Elections,
and the Wisconsin Supreme Court"
That's the title of the plenary session at this
event at Marquette on Dec. 3.
Posted by Rick Hasen at
08:35
AM
"Changes and Challenges facing the Citizens
Redistricting Commission"
The Rose Institute and Target Book will sponsor this
event Dec. 8.
Posted by Rick Hasen at
08:31
AM
"Just How Bad Was Bush v. Gore?"
National Journal collects
some reminiscences.
Posted by Rick Hasen at
08:27
AM