| Subject: Re: [EL] Electionlawblog news and commentary 4/5/11 |
| From: Joseph Birkenstock |
| Date: 4/5/2011, 9:08 AM |
| To: Alex DeMots <ademots@americanprogress.org>, Rick Hasen <rhasen@law.uci.edu>, Election Law <election-law@mailman.lls.edu> |
Very interesting find Alex, thanks for posting that to the list.
I can’t help but be reminded of the absurd objections to Chemerinsky’s
appointment at UCI, and the broad howls of outrage in response at the threat those
objections posed to academic freedom.
Does anyone see this to be any different? If so, why?
P.S. Point being, I sure don’t. I think I’ve cracked heads
with Brad as often as anyone on policy and the premises on which regulation of
money and public policy should be based, but I’ve also learned A LOT from his
scholarship, even the parts I disagree with. Maybe he’d be a good dean, maybe
he wouldn’t – that determination seems best left to the good folks at Case
Western – but attacking an academic for “extremist” views that eventually command
a majority on the Supreme Court says more about the people making the attacks
than they do about the academic.
________________________________
Joseph M. Birkenstock, Esq.
Caplin & Drysdale, Chtd.
One Thomas Circle, NW
Washington, DC 20005
(202) 862-7836
www.capdale.com/jbirkenstock
*also admitted to practice in CA
From: election-law-bounces@mailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Alex DeMots
Sent: Tuesday, April 05, 2011 11:37 AM
To: 'Rick Hasen'; Election Law
Subject: Re: [EL] Electionlawblog news and commentary 4/5/11
And there's controversy
over Brad Smth's possible appointment as dean of Case Western.
I call on the front group caseagainstsmith.com to publicly
release its list of donors and immediately file with the Dean Selection
Commission.
From: election-law-bounces@mailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Tuesday, April 05, 2011 10:49 AM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 4/5/11
This
NY Times report begins: "Until a few weeks ago, this state's
election on Tuesday for a justice of the Wisconsin Supreme Court was widely
expected to be dull and predictable."
Posted by Rick Hasen at 07:45 AM
Roll Call offers this report.
Posted by Rick Hasen at 07:41 AM
The Hamilton County judge case may
be heading to the Supreme Court (which, if taken, would almost certainly
lead the Court to explain the meaning of Bush v. Gore)
The Ohio Chief Justice wants to change
the rules for judicial selection.
ePollbooks
may come to Ohio.
And there's controversy
over Brad Smth's possible appointment as dean of Case Western.
Posted by Rick Hasen at 07:35 AM
Doug Kendall blogs.
Posted by Rick Hasen at 04:48 PM
Politico offers this report.
Posted by Rick Hasen at 03:01 PM
Eugene Volokh has posted "The
Freedom...Of the Press"-- from 1791 to 1868 to Now -- Freedom for the
Press as an Industry, or the Press as a Technology? on SSRN. Here is the
abstract:
Both Justices and scholars have
long debated whether the "freedom ...of the press" was historically
understood as securing special constitutional rights for the institutional
press (newspapers, magazines, and broadcasters). This issue comes up in many
fields: campaign finance law, libel law, the newsgatherer’s privilege, access
to government facilities for newsgathering purposes, and more. Most recently,
last year's Citizens United v. FEC decision split 5-4 on this very question,
and not just in relation to corporate speech rights.
This article discusses what the "freedom of the press" has likely
meant with regard to this question, during (1) the decades surrounding the
ratification of the First Amendment, (2) the decades surrounding the
ratification of the Fourteenth Amendment, and (3) the modern First Amendment
era. The article focuses solely on the history, and leaves the First Amendment
theory questions to others. And, with regard to the history, it offers evidence
that the "freedom... of the press" has long been understood as
meaning freedom for all who used the printing press as technology -- and, by
extension, mass communication technology more broadly -- and has generally not
been limited to those who belonged to the institutional press as an industry.
Posted by Rick Hasen at 01:24 PM
Roll Call offers this
report.
Posted by Rick Hasen at 12:36 PM
David Callahan has written this important
NYT oped.
Posted by Rick Hasen at 08:49 AM
--
Rick Hasen
Visiting Professor
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen@law.uci.edu
William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
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