"Keeping 'Mickey Mouse' Off the Voting Rolls"
Michael Waldman has written this
opinion piece for Bloomberg.
Posted by Rick Hasen at
08:05
PM
News from Amarillo, TX
The
Amarillo Globe News: "A transgender woman vying for
mayor of Amarillo is barred under state law from running under
her chosen rather than legal name, officials said Wednesday."
Posted by Rick Hasen at
12:31
PM
"The Unspoken Institutional Battle over
Anti-Corruption: Citizens United, Honest Services, and the
Legislative-Judicial Divide"
Jacob Eisler has posted this
draft on SSRN (forthcoming First Amendment Law Review).
Here is the abstract:
Guided by two cases decided in 2010 (Citizens United and
Skilling), this article investigates a pivotal but overlooked
dispute between the Supreme Court and Congress over the
acceptable contours of public corruption law. Each case narrowly
relies on principles and precedents that appear only
tangentially related to corruption. Yet in historical context,
these cases emerge as only the latest judicial nullification of
broad and flexible congressional anti-corruption legislation.
Through parallel examination of campaign finance regulation and
honest services law, this article suggests a subtle but striking
pattern: when Congress has advanced expansive, flexible
anti-corruption measures, the Supreme Court has tenaciously
constrained such measures in favor of narrowly drawn bright-line
rules.
This article argues that the disagreement originates in the
institutions' differing postures towards anti-corruption.
Certain congressional action has promoted civic-minded public
conduct, and thus facilitated 'deliberative' examination of
political motives. However, the Supreme Court has generally
blocked broadly constructed anti-corruption measures because
their enforcement threatens constitutionally protected
individual rights. Thus the Court has left standing a
'competitive' anti-corruption regime which presumes a
market-like political setting populated by self-interested
actors.
This unspoken divergence has shaped corruption law, and with it
the nature of American politics. The Court's intractability
poses a dilemma for future anti-corruption reform. Policy-makers
must either defer to the Court but relinquish the possibility of
deliberative anti-corruption achieved through traditional
regulatory and prosecutorial means, or force a reconsideration
of individual rights in the context of anti-corruption
enforcement.
This looks like it will be an interesting read!
Posted by Rick Hasen at
12:26
PM
"Lobbyists Aggressively Targeted Democrats' Top
Priorities During Barack Obama's First Two Years"
The Center for Responsive Politics offers these
interesting data.
Posted by Rick Hasen at
12:18
PM
"Ex-Ky Judge Gets 25-plus Years for Vote Fraud"
AP offers this
report. See also this
more detailed report. I imagine this was all done with
absentee ballots, which is my experience in examining these
cases (especially ones out of Kentucky), but that is not
mentioned anywhere in the story. Can someone please let me know?
UPDATE: Thanks to an ELB reader for passing on a link to the indictment.
Wow. Depressing to think that this kind of stuff could still
happen anywhere in the U.S. in 2011.
Posted by Rick Hasen at
12:10
PM
"Critics challenging Lugar's state residency"
The Fort Wayne Journal-Gazette offers this
report.
Posted by Rick Hasen at
12:01
PM