"Regulating Supreme Court Justices'
Ethics--"Cures Worse Than the Disease?""
Russell Wheeler writes
at Brookings.
Posted by Rick Hasen at
07:50
AM
Tokaji, the "Election Law Coroner"
That's the label John
Michael Spinelli gives to Dan Tokaji for Dan's analysis
of a proposed Ohio voter id bill.
Posted by Rick Hasen at
07:37
AM
More on Cao Cert Denial
WaPo;
BNA;
National
Journal; Roll Call;
The
Hill.
Posted by Rick Hasen at
08:10
PM
"The Rigged Redistricting Process"
Tom Mann and Norm Ornstein have written this
WaPo oped.
Posted by Rick Hasen at
02:40
PM
"Citizens, United and Citizens United: The
Future of Labor Speech Rights"
Charlotte Garden has posted this
draft on SSRN (forthcoming, William & Mary Law
Review). Here is the abstract:
Within hours of its announcement, the Supreme Court's decision
in Citizens United v. FEC came under attack from progressive
groups. Among these groups were some of America's largest labor
unions - even though the decision applies equally to unions and
for-profit corporations. The reason is clear: there exist both
practical and structural impediments that will prevent unions
from benefitting from Citizens United to the same extent as
corporations. Therefore, Citizens United stands to unleash a
torrent of corporate electioneering that could drown out the
countervailing voice of organized labor.
This Article, however, takes a broader view of Citizens United
to explore a possible "silver lining" for labor. It posits that,
in articulating a wide-ranging vision of associations’ free
speech rights, the Court undermined the intellectual basis of a
lengthy string of cases limiting the First Amendment protection
applicable to labor-related speech in other contexts, including
picketing, boycotting, and striking. Additionally, by
discounting the First Amendment interests of dissenting
shareholders, Citizens United also calls into question the
validity of restrictions on unions' use of lawfully collected
dues and fees for political speech and new organizing.
Accordingly, this Article concludes that Citizens United has the
potential to impact significantly unions' First Amendment rights
outside of the campaign finance arena.
Posted by Rick Hasen at
01:49
PM
"Technology Allows Citizens to Be Part of
Redistricting Process"
USA Today offers this
report.
Posted by Rick Hasen at
12:27
PM
"Federal Election Commissioner Donald McGahn
Criticizes 'Overreach' of Campaign Finance Regulations"
The Open Secrets Blog reports.
Posted by Rick Hasen at
12:24
PM
"Ohio's Speech Police"
The National Review Online offers this
piece.
Posted by Rick Hasen at
12:20
PM
"Supreme Court won't hear challenge to party
spending"
Politico offers this
report.
Posted by Rick Hasen at
12:15
PM