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- Coordination Reconsidered
  2 May 2013
  
  By: Richard Briffault
  The explosion of independent spending funded by Super PACs and other organizations in the last two election cycles raises new questions about the effectiveness of contribution limits and, perhaps, about the value of maintaining them. But if the law is to continue to limit contributions because of the dangers of corruption and the appearance of corruption they pose, and to maintain the integrity of the contribution/expenditure distinction that has been a foundational part of our campaign finance law for nearly four decades, it is essential to redefine coordination to address the emergence of single-candidate Super PACs. The proposal in this Essay is intended as a contribution to that process.
- Lessons on Terrorism and “Mistaken Identity” from Oak Creek, with a Coda on the Boston Marathon Bombings
  1 May 2013
  
  By: Dawinder S. Sidhu
  The tragic events in Oak Creek, Wisconsin, thrust upon an obscure religious community, and more broadly upon our laws and society, provide us with an opportunity to assess the efficacy of the law and conceptual explanations, not only as they apply to this incident, but also to those that may occur in the future. As discussed here, Oak Creek indicates why the definition of “terrorism” should be amended to not rely on the subjective motivation underlying the random killing of innocents, and how the disability-rights context may facilitate understanding and undermine criticisms of the media that are premised on notions of offensiveness or political value judgments. Oak Creek offers at least these lessons.
- South Carolina’s “Evolutionary Process”
  29 Mar 2013
  
  By: Ellen D. Katz
  There is an additional narrative the Justices should consider when they evaluate how far places subject to the VRA’s regional provisions have evolved. This narrative posits that section 5 is far from obsolete and operates not only as a restraint on the ill-intentioned, but also as an affirmative tool of governance. On this account, one of the VRA’s most critical, albeit least appreciated, functions is the way in which it helps public officials navigate complex contemporary questions concerning equality of opportunity in the political process.
- Beyond “Perfection”: Can the Insights of Perfecting Criminal Markets Be Put to Practical Use?
  27 Mar 2013
  
  By: Caren Myers Morrison
  David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets.
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Archive for December, 2012

Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option

The Purpose-Driven Rule: Drew Peterson, Giles v. California, and the Transferred Intent Doctrine of Forfeiture by Wrongdoing

Perfecting Criminal Markets

The Agency Class Action

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