Justice Scalia and Campaign Finance: A Puzzle
In the tributes to Justice Scalia and the immediate appraisals of his life’s work, his campaign finance jurisprudence will come up and the late Justice is described as a formidable foe of regulation....
View ArticleJustice Scalia and Campaign Finance: A Puzzle (Part II)
How did Justice Scalia come to write a dissent as he did in McIntrye, insisting on the role of disclosure and relying for the power of his point on the need to follow the judgment of legislators in...
View ArticleThe Transparency-Privacy Trade-Off (or Bargain)
The Brennan Center Report on the state of disclosure, “Secret Spending in the States,” usefully examines transparency policy issues presented by high-impact spending in low-information contests at the...
View ArticleThe Supreme Court as “Electoral Prize”
It is difficult to follow Linda Greenhouse’s reasoning that the Court has been “broken” because it has been made into an electoral “prize.” Presidential candidates campaign on promises to support the...
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