The Appearance of Corruption

2021 ◽  
Author(s):  
Daron R. Shaw ◽  
Brian E. Roberts ◽  
Mijeong Baek
Keyword(s):  
Supreme Court ◽  
Campaign Finance ◽  
Behavioral Model ◽  
Political Speech ◽  
The Supreme Court ◽  
Original Survey ◽  
And Behavior ◽  
Political Opinions ◽  
Modern Era ◽  
The U.S

The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters’ opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court’s presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009–2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over forty years of jurisprudence is simply not true.

Democracy and the Freedom of Speech: Rethinking the Conflict between Liberty and Equality

2013 ◽  
Vol 26 (2) ◽  
pp. 293-311 ◽  
Author(s):  
Yasmin Dawood
Keyword(s):  
Supreme Court ◽  
Campaign Finance ◽  
The United States ◽  
The Other ◽  
Supreme Court Of Canada ◽  
Competing Values ◽  
Political Equality ◽  
Normative Claim ◽  
The Supreme Court ◽  
The U.S

This article re-examines the distinction between the libertarian approach and the egalitarian approach to the regulation of campaign finance. The conventional approach (as exemplified by the work of Owen Fiss and Ronald Dworkin) is to reconcile the competing values of liberty and equality. By contrast, this article advances the normative claim that democracies should seek to incorporate both the libertarian and the egalitarian approaches within constitutional law. I argue that instead of emphasizing one value over the other, the ideal position is one that simultaneously recognizes the values of liberty and equality despite the irreconcilable tension between them. Rather than choosing one value over the other, or reconciling these values by redefining them, I claim that it is vital to maintain the tension between liberty and equality by instantiating the conflict in law. Democracy is better served when the law contains an explicit tension between these foundational values.After setting forth this normative framework, I then apply it to the campaign finance decisions of the Supreme Courts of the United States and Canada, respectively. I make two main claims. First, I argue that although the libertarian/egalitarian distinction is usually presented as a binary choice, the laws of a given jurisdiction often simultaneously display both libertarian and egalitarian characteristics. For this reason, I claim that the libertarian/egalitarian distinction is better conceived of as a “libertarian-egalitarian spectrum.” Second, I argue that in recent years, the U.S. Supreme Court and the Supreme Court of Canada, respectively, have privileged one value—liberty or equality—at the expense of the other. The U.S. Supreme Court has over-emphasized the value of liberty (most notably in its Citizens United decision), with the result that political equality is markedly undermined. By the same token, the Supreme Court of Canada’s commitment to equality has become too one-sided in recent cases (Harper and Bryan), with the result that there are significant impairments to free speech liberties. I argue that both of these approaches are detrimental to democratic participation and governance. Finally, this article offers a preliminary proposal for how courts and legislatures can allow for the conflict between liberty and equality to be instantiated in law.

The Appearance of Corruption

2021 ◽  
pp. 1-27
Author(s):  
Daron R. Shaw ◽  
Brian E. Roberts ◽  
Mijeong Baek
Keyword(s):  
Supreme Court ◽  
Free Speech ◽  
Campaign Finance ◽  
Political Process ◽  
Behavioral Model ◽  
Political Campaigns ◽  
The Political ◽  
The U.S ◽  
Money In Politics

Chapter 1 describes the Supreme Court’s reasoning on campaign finance regulation, free speech, and political campaigns and then offers a chapter-by-chapter plan for testing the key assumptions underlying the Court’s reasoning. The behavioral model of the Buckley v. Valeo (1976) links individuals’ perceptions of corruption to their decisions to participate politically, hypothesizing that the greater an individual’s perception of corruption the less likely that person is to participate in the political process (e.g., vote) because of an erosion of trust in government. Based on these assumptions, the Court accepts the mitigation of corruption as the (lone) compelling state interest for limits on money in politics. Chapter 1 outlines how the authors will empirically explore the behavioral model posited by the U.S. Supreme Court in its 1976 Buckley v. Valeo decision.

scholarly journals Patterson v. McLean: A Confirmation of the New Right at the U.S. Supreme Court

2005 ◽  
Vol 30 (4) ◽  
pp. 987-1009
Author(s):  
George M. Sullivan
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
National Elections ◽  
Presidential Appointments ◽  
The Supreme Court ◽  
The Impact ◽  
The U.S

In two consecutive national elections a conservative, Ronald Reagan, was elected President of the United States. When Justice Lewis Powell announced his retirement during the late months of the Reagan administration, it was apparent that the President's last appointment could shift the ideology of the Court to conservatism for the first time since the presidency of Dwight Eisenhower. President Reagan's prior appointments, Sandra Day O'Connor and Antonin Scalia, had joined William Rehnquist, an appointee of President Nixon and Bryon White, an appointee of President Kennedy to comprise a vociferous minority of four in many instances, especially cases involving civil rights. The unexpected opportunity for the appointment of a conservative jurist caused great anxiety in the media and in the U.S. Senate, the later having confirmation power over presidential appointments to the Supreme Court. This article examines the consequences of the Senate's confirmation of Justice Anthony Kennedy to the Supreme Court. The impact, which was immediate and dramatic, indicates that conservative ideology will predominate on major civil rights issues for the remainder of this century.

scholarly journals Le contrôle des prix et des revenus au Canada

2009 ◽  
Vol 52 (3) ◽  
pp. 271-310
Author(s):  
Richard G. Lipsey
Keyword(s):  
Supreme Court ◽  
Economic Crisis ◽  
Supreme Court Of Canada ◽  
Traditional Methods ◽  
The Supreme Court ◽  
The U.S

Abstract This paper is a summary of the Legal Factum submitted by the Canadian Labor Congress to the Supreme Court of Canada. It intends to demonstrate the irrelevance of the Anti-Inflationnary Act of October 1975. Three main questions are dealt with. First, was there an economic crisis in October 1975? Analysing various sets of data, the paper concludes that, by no stretch of imagination, could October 1975 be called an economic crisis. Second, was there a policy crisis in the sense that traditional methods had been tried and failed? It establishes here that no serious attempt had been made to contain inflation by traditional fiscal and monetary tools by October 1975. Third, what results can be expected from income policies? This part gives a summary of the voluminous evidence for the U.K. and the U.S., and concludes that the evidence of other incomes policies is that their effects on slowing the rate of inflation are small and often transitory.

The Company They Keep

2020 ◽  
Author(s):  
Lawrence Baum ◽  
Neal Devins
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Political Party ◽  
Political Polarization ◽  
Dominant Ideology ◽  
Partisan Polarization ◽  
The People ◽  
The Supreme Court ◽  
New Perspective ◽  
The U.S

Today’s ideological division on the U.S. Supreme Court is also a partisan division: all the Court’s liberals were appointed by Democratic presidents, all its conservatives by Republican presidents. That pattern never existed in the Court until 2010, and this book focuses on how it came about and why it’s likely to continue. Its explanation lies in the growing level of political polarization over the last several decades. One effect of polarization is that potential nominees will reflect the dominant ideology of the president’s political party. Correspondingly, the sharpened ideological division between the two political parties has given presidents stronger incentives to give high priority to ideological considerations. In addition to these well-known effects of polarization, The Company They Keep explores what social psychologists have taught us about people’s motivations. Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological elites, and justices such as Clarence Thomas and Ruth Bader Ginsburg live in milieus populated by like-minded elites that reinforce their liberalism or conservatism during their tenure on the Supreme Court. By highlighting and documenting this development, the book provides a new perspective on the Court and its justices.

美國生物科技新專利適格性原則之研究

2020 ◽  
Vol 21 (21) ◽  
pp. 97-160
Author(s):  
李順典 李順典
Keyword(s):  
Supreme Court ◽  
Laws Of Nature ◽  
United States Supreme Court ◽  
The United States ◽  
Natural Phenomena ◽  
Legal Standards ◽  
The Supreme Court ◽  
Patent Applications ◽  
Global Strategies ◽  
The U.S

鑑於美國最高法院重新激活了專利適格性標的要件，其認為涉及發明的自然法則、自然現象或抽象概念，除非它們也包含「發明的概念」，否則不具專利適格性，因而引發了巨大爭議。因為新專利適格性原則不當削弱了美國在創新中的領導地位，而且它們已經給美國專利制度注入了巨大的法律不確定性，所以美國應重新思考生物技術產業創新的激勵措施生物技術公司的專利適格性在不同的國家面臨不斷的改變，故必須發展保護生物技術創新的全球策略，可行的發展策略應是根據國家的法律標準申請專利。In view of the United States Supreme Court has reinvigorated the patent-eligible subject matter requirement, holding that inventions directed to laws of nature, natural phenomena, or abstract ideas are not eligible for patenting unless they also contain an ''inventive concept.'' As a result, the Supreme Court has sparked tremendous controversy. Since the new patent eligibility doctrine is undermining U.S. leadership in innovation, so the U.S. shall reconsider the incentives for innovation in the biotechnologyindustry. Biotech companies facing constant changes in patent eligibility in different countries have to develop global strategies for protecting biotechnology innovations, and a recommended strategy is to file patent applications tailored to the legal standards of the countries of interest.

The Reckoning

2021 ◽  
pp. 483-520
Author(s):  
Eric Van Young
Keyword(s):  
Supreme Court ◽  
Mexico City ◽  
The State ◽  
The Other ◽  
Grand Jury ◽  
The Supreme Court ◽  
The Government ◽  
The U.S

Alamán’s internal self-exile in Mexico City, when he hid for nearly two years only to emerge in 1834, is discussed in as much detail as is possible for a largely undocumented episode. Having left the government along with the other ministers during 1832, he was being pursued by agents of the state and political enemies to stand trial before a congressional grand jury for his involvement in the judicial murder of Vicente Guerrero. The chapter also discusses his cordial relationship with the U.S. envoy who replaced the recalled Joel Poinsett, Anthony Butler. The fall of the Anastasio Bustamante government to an uprising led by Santa Anna is narrated, along with Alamán’s eventual trial, his spirited defense of himself, the intervention of Carlos María de Bustamante (not the president) on his behalf before the Supreme Court, and the ex-minister’s exoneration at the hands of President Santa Anna.

scholarly journals U.S. Supreme Court Denies Certiorari in Habeas Case Brought by Guantánamo Bay Detainee Challenging His Continuing Detention

2019 ◽  
Vol 113 (4) ◽  
pp. 849-855
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
September 11 ◽  
Habeas Corpus ◽  
Past Time ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
September 11 Attacks ◽  
The U.S

On June 10, 2019, the Supreme Court denied certiorari in a case in which the D.C. Circuit held that the United States could continue to detain an individual at Guantánamo Bay until the cessation of the hostilities that justified his initial detention, notwithstanding the extraordinary length of the hostilities to date. The case, Al-Alwi v. Trump, arises from petitioner Moath Hamza Ahmed Al-Alwi's petition for a writ of habeas corpus challenging the legality of his continued detention at the United States Naval Base at Guantánamo Bay. The Supreme Court's denial of certiorari was accompanied by a statement by Justice Breyer observing that “it is past time to confront the difficult question” of how long a detention grounded in the U.S. response to the September 11 attacks can be justified.

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