Corporate politicking, together: trade association ties, lobbying, and campaign giving

2017 ◽  
Vol 20 (1) ◽  
pp. 98-131 ◽  
Author(s):  
Michael S. Kowal

AbstractScholars and politicians in recent years have become concerned with rising levels of inequality among Americans, heightened in the aftermath of the 2010 Supreme Court decision inCitizens United v. F.E.C.The suspicion over an ever larger influence of corporate and elite interest over public policy has brought about significant public backlash, even becoming a key platform of reformist candidates such as Sen. Bernie Sanders. In large part, these fears have yet to be realized, as many corporations have chosen to remain on the sidelines in American elections and have not fully taken advantage of their newfound rights. At the same time, we have observed a stark rise in corporate lobbying expenditures in recent decades. What explains the puzzle of how corporations choose to engage in new or expanded forms of political activity, and even what drives the spread of corporate norms? This study investigates the conditions under which corporations may come to embrace political action.

Author(s):  
Robert Merkin ◽  
Séverine Saintier

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines contracts that are tainted by illegality or otherwise contrary to public policy, and how illegality affects the parties’ positions following the hugely influential Supreme Court decision of Patel v Mirza. A contract may be illegal from the beginning or illegality may arise as a result of statute (for example, express statutory prohibitions). Examples of illegal contracts are those intended to commit crimes or contracts prejudicial to sexual morality. As a general principle, illegal contracts cannot be enforced and benefits conferred in the performance of an illegal contract cannot be recovered. There are some exceptions, however, such as where the parties are not in pari delicto (not equally guilty), or where the claimant can establish his right to the money or property transferred without having to rely upon the illegal contract. This chapter also examine the law’s treatment of contracts in restraint of trade, including exclusive dealing and exclusive service agreements.


2021 ◽  
pp. 446-462
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. This chapter examines contracts that are tainted by illegality or otherwise contrary to public policy, and how illegality affects the parties’ positions following the hugely influential Supreme Court decision of Patel v Mirza. A contract may be illegal from the beginning or illegality may arise as a result of statute (for example, express statutory prohibitions). Examples of illegal contracts are those intended to commit crimes or contracts prejudicial to sexual morality. As a general principle, illegal contracts cannot be enforced and benefits conferred in the performance of an illegal contract cannot be recovered. There are some exceptions, however, such as where the parties are not in pari delicto (not equally guilty), or where the claimant can establish his right to the money or property transferred without having to rely upon the illegal contract. This chapter also examine the law’s treatment of contracts in restraint of trade, including exclusive dealing and exclusive service agreements.


1959 ◽  
Vol 53 (3) ◽  
pp. 777-791 ◽  
Author(s):  
Frank J. Sorauf

It has become a commonplace that the Constitution is what the Supreme Court says it is. Scholars of American constitutional law have, therefore, focused their studies largely on the Court's opinions as indices of the Constitution's current meaning. But however well established may be the Court's role as the expounder of the constitutional document, the impact of a decision will depend on many individuals and circumstances far beyond the confines of the Court. This paper will examine the effects of the decision in Zorach v. Clauson on public policy in the seven years since its announcement. It will attempt to follow the repercussions of one Supreme Court decision through the entire political process within one area of political conflict—in this case the conflict over church-state relationships.


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