"I Would, But I Need the Eggs: Why Neither Exit
Nor Voice Substantially Limits Big City Corruption"
David Schleicher has posted this
draft on SSRN (forthcoming, Loyola University of
Chicago Law Journal). Here is the abstract:
Employing tools drawn from economics and urban studies -
particularly agglomeration economics, public choice, and the
wisdom of Woody Allen's classic film Annie Hall - this essay
provides a theoretical explanation for the prevalence of big
city political corruption. The essay argues that the reason we
see more government corruption in big cities than in other
jurisdictions is that they are largely immune to the traditional
cures for corruption, exit and voice. The location decisions of
big city residents are, under dominant theories of urban
economic theory, sticky in the face of bad governance, reducing
the effect of inter-jurisdictional competition on the behavior
of officeholders. Further, big cities rarely if ever see real
partisan competition, leaving under-informed voters without the
tools to punish all but the worst forms of unresponsive or
corrupt governance. Traditional remedies - ranging from
encouraging exit to non-partisan elections - either do not solve
the problem or create substantial costs of their own. The essay
concludes by arguing that election laws in cities should be
reformed in order to encourage the development of political
parties that are differentiated on local issues. Alternatively,
cities should provide voters with locally specific party-like
heuristics by allowing prominent elected officials like Mayors
to endorse other local officials on the ballot. This would
improve local democracy, and thereby address the root causes of
urban political corruption.
Posted by Rick Hasen at
03:25
PM
How to Fight Voter Fraud in Indiana
Indict
the Secretary of State.
UPDATE:
Governor Daniels has issued a strong statement: "This news is
sad and regrettable, but the only course of honor is for Mr.
White to step down from his duties, at least during the duration
of these proceedings until a verdict is reached. It would be
neither credible nor appropriate for the state's top elections
official to continue to perform his duties while contesting
criminal charges, some of them under the very laws the Secretary
of State implements. I have consulted with each of the other
statewide elected officials and our judgment about this is
unanimous."
More: Todd Rokita (current House member and former Indiana
Secretary of State has issued this statement:
"Today's announcement is sad news for Indiana. As the former
Secretary of State and a current Representative of the people of
Indiana, I agree with Governor Daniels that Secretary White
cannot credibly or adequately do his duties while contesting
criminal charges. Mr. White should step down until the charges
are adjudicated."
Posted by Rick Hasen at
12:58
PM
Is Justice Alito's First Amendment Position
"Completely Coherent"?
That's Tom Goldstein's claim in this
WaPo article. I'm less convinced,
especially if (as I do) one views the Westboro Church's speech
as political speech.
Posted by Rick Hasen at
12:55
PM