Election Law

Vitaliy Kats, Because, the Internet: The Limits of Online Campaign Finance Disclosure

During the 2011–2012 election cycle, Shaun McCutcheon contributed $33,088 to sixteen different candidates for federal office.  McCutcheon’s donations complied with the base limits the Federal Election Commission (FEC) set for contributions to individual candidates.McCutcheon wanted to contribute more but was barred by the FEC’s aggregate limit on contributions.In June of 2012, McCutcheon and the Republication […]

Albert W. Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow

There was something unreal about the opinions in McCutcheon v. FEC. These opinions examined a series of strategies for circumventing the limits on contributions to candidates imposed by federal election law, but they failed to notice that the limits were no longer breathing. The D.C. Circuit’s decision in SpeechNow.org v. FEC had created a far […]

Chad Flanders, Election Law Behind a Veil of Ignorance

Election law struggles with the question of neutrality, not only with its possibility—can election rules truly be neutral between parties?—but also with its definition. What does it mean for election laws to be ―neutral‖? This Article examines one form of election law neutrality, found in what it terms ―veil of ignorance rules.‖ Such rules are […]

Akhil Reed Amar, Bush, Gore, Florida, and the Constitution

61 Fla. L. Rev. 945 (2009) | | | | INTRODUCTION :: Ten years ago this week, Dunwody Lecturer Cass Sunstein stood at this podium and offered some thoughts about the then-recent impeachment of President Clinton. Professor Sunstein titled his remarks Lessons from a Debacle: From Impeachment to Reform. Today I shall share with you […]

Erwin Chemerinsky, The Meaning of Bush v. Gore: Thoughts on Professor Amar's Analysis

| | | | INTRODUCTION :: It is tempting to blame the United States Supreme Court’s decision in Bush v. Gore for the evils the Bush Administration inflicted on the nation. If only Al Gore had become president, there would not have been the disastrous war in Iraq or the enormous deficit-spending to fund it, […]

Richard L. Hasen, Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar

61 Fla. L. Rev. 979 (2009) | | | | INTRODUCTION :: Akhil Amar begins his impressive Dunwody Lecture by questioning whether there “are any new things left to say about the Bush-Gore episode.” 1 It is a legitimate question to ask, given the torrent of scholarship since the 2000 Florida debacle. In some ways, […]