dunnettreader + elections   46

Why Italy's Election Is Such a Mess
No one knows what will happen when Italy votes on Sunday. Polling is inconclusive, and the electoral rules are brand-new. In an attempt to make some sense of…
Italy  populism  right-wing  voting  elections  from instapaper
march 2018 by dunnettreader
The Story of Stone, Manafort and Donald Trump
At age 19 or 20, Roger Stone, who was then an employee of Nixon’s Committee to Re-Elect the President (CREEP), was the youngest person to testify before the…
GOP  Nixon  ratf$&kers  elections  elections-2016  Ukraine  Russia  Trump-Russia  from instapaper
march 2018 by dunnettreader
“Trump, Twitter, and the Russians: The Growing Obsolescence of Federal Campaign Finance Law” | Election Law Blog
Tony Gaughan has posted this draft on SSRN (forthcoming, Southern California Interdisciplinary Law Journal) . Here is the abstract: Since the 1970s, federal…
elections  campaign_finance  Trump-Russia  social_media  from instapaper
november 2017 by dunnettreader
This is how screwed up Kris Kobach's voter fraud detection program is
Vice President Mike Pence, Kansas Secretary of State Kris Kobach, and Indiana Secretary of State Connie Lawson at a meeting of the Presidential Advisory…
voter_suppression  voting_rights  election_integrity  elections  Trump_admin-lies  from instapaper
november 2017 by dunnettreader
This Republican wants to make it harder to vote. But he's been totally embarrassed back home in Kansas.
Kris Kobach speaks at a rally for Donald Trump in Wichita, Kansas, on March 5, 2016. Fernando Salazar/The Wichita Eagle via AP Donald Trump Jr. may be under…
voter_suppression  voting_rights  election_integrity  elections  Trump_admin-lies  from instapaper
november 2017 by dunnettreader
“Civil Rights Groups Launch National Effort to Combat Alarming Voter Purge Attempt” | Election Law Blog
Release: Today, leading national civil rights organizations are urging state and county election officials in jurisdictions across the country to reject the…
voter_suppression  voting_rights  election_integrity  elections  Trump_admin-lies  from instapaper
november 2017 by dunnettreader
Michael Kang - Gerrymandering and the Constitutional Norm Against Government Partisanship (2017) :: SSRN
Win election law prize - Michigan Law Review, Vol. 116, No. 3, Dec. 2017, Forthcoming- Emory Legal Studies Research Paper
71 Pages
Posted: 17 Aug 2017; Last revised: 28 Oct 2017
Michael S. Kang, Emory University School of Law
The Article challenges the basic premise in the law of partisan gerrymandering that government partisan purpose is constitutional at all. The central problem, Justice Scalia once explained in Vieth v. Jubelirer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against government partisanship across a variety of settings. From political patronage, to government speech, to election administration and even in redistricting itself, Vieth is the exception in failing to bar tribal partisanship as a legitimate state interest in lawmaking. The puzzle therefore is why the Supreme Court in Vieth diverged from this overarching norm for legislative redistricting where the need for government nonpartisanship is most acute and so rarely met. The Article proposes a purpose-focused approach that identifies partisanship as an illegitimate basis for lawmaking and requires the government to justify its redistricting with reference to legitimate state interests beyond partisanship, irrespective of extreme partisan effects. The importance of consolidating and reifying the norm against government partisanship, in its most salient legal context, cannot be overstated at a time when hyperpolarization between the major parties dominates national politics and is at its most severe in our lifetime.
Keywords: gerrymandering, redistricting, Whitford v. Gill, partisanship, parties, Bandemer
constitutional_law  political_participation  Evernote  gerrymandering  public_interest  SSRN  accountability  partisanship  liberalism-public_reason  democracy  article  downloaded  US_constitution  corruption  legitimacy  SCOTUS  elections 
november 2017 by dunnettreader
Div Levin - When Great Powers Get a Vote - International Studies Quarterly - 2016
What are the electoral consequences of attempts by great powers to intervene in a partisan manner in another country’s elections? Great powers frequently deploy partisan electoral interventions as a major foreign policy tool. For example, the U.S. and the USSR/Russia have intervened in one of every nine competitive national level executive elections between 1946 and 2000. However, scant scholarly research has been conducted about their effects on the election results in the target. I argue that such interventions usually significantly increase the electoral chances of the aided candidate and that overt interventions are more effective than covert interventions. I then test these hypotheses utilizing a new, original dataset of all U.S. and USSR/Russian partisan electoral interventions between 1946 and 2000. I find strong support for both arguments.
US_foreign_policy  downloaded  propaganda  soft_power  power  article  post-Cold_War  Cold_War  elections  influence-IR  Grear_Powers  intervention  IR-domestic_politics 
july 2016 by dunnettreader
Ed Kilgore - Don’t Need a Christian Left -- NYMag - May 2016
It was inevitable, I guess, that the latest talk of the Christian Right "dying" — or at least suffering under divisions created or exacerbated by Donald Trump —…
Instapaper  US_politics  Christian_Right  politics-and-religion  GOP  parties  political_participation  left-wing  GOTV  Democrats  elections  from instapaper
may 2016 by dunnettreader
Giuseppe Guarino - response to James K. Galbraith re the "Maastricht coup" thesis - The Future of Europe | The American Prospect - August 2015
Professor Giuseppe Guarino, dean of constitutional scholars and the author of a striking small book (called The Truth about Europe and the Euro: An Essay, available here) on the European treaties and the Euro. Professor Guarino's thesis is the following: “On 1st January 1999 a coup d'état was carried out against the EU member states, their citizens, and the European Union itself. The 'coup' was not exercised by force but by cunning fraud... by means of Regulation 1466/97... The role assigned to the growth objective by the Treaty (Articles 102A, 103 and 104c), to be obtained by the political activity of the member states... is eliminated and replaced by an outcome, namely budgetary balance in the medium term.” -- downloaded pdf from Guarino's site to Note
EU-constitution  EU_governance  elections  political_participation  sovereignty  austerity  democracy  sovereign_debt  subsidiarity  budget_deficit  Maastricht  constitutional_law  representative_institutions  democracy_deficit  Europe-federalism  legitimacy  Germany-Eurozone  downloaded  European_integration 
august 2015 by dunnettreader
Luca Corchia - Europe: The debate between Habermas and Streeck about the Left and Europe’s future | Reset Dialogues on Civilizations - 25 March 2014
Over the next few months the press and television networks will one again focus on European events, returning the interest of Italian public opinion to these matters, and this will take place on the basis of the pressing timeframe dictated by political issues. In a few weeks’ time the election campaign for a European Union’s parliament, scheduled for May 22-25, will be fully under way in all 28 member states. -- check out footnotes -- downloaded pdf to Note
EU  EU_governance  Eurozone  ECB  Great_Recession  financial_crisis  Greece-Troika  democracy  democracy_deficit  legitimacy  elections  capitalism-systemic_crisis  capitalism-varieties  capital_as_power  Eurosceptic  European_integration  elites  elites-self-destructive  parties  social_democracy  right-wing  nationalism  nation-state  national_interest  political_press  political_culture  economic_culture  Habermas 
july 2015 by dunnettreader
Leo E. Strine , Nicholas Walter Originalist or Original: The Difficulties of Reconciling "Citizens United" with Corporate Law History :: SSRN - Notre Dame Law Review, 2015, Forthcoming (rev'd March 2015)
Leo E. Strine Jr., Supreme Court of Delaware; Harvard Law School; Penn Law School -- Nicholas Walter, Wachtell, Lipton, Rosen & Katz -- Citizens United has been the subject of a great deal of commentary, but one important aspect of the decision that has not been explored in detail is the historical basis for Justice Scalia’s claims in his concurring opinion that the majority holding is consistent with originalism. In this article, we engage in a deep inquiry into the historical understanding of the rights of the business corporation as of 1791 and 1868 — two periods relevant to an originalist analysis of the First Amendment. Based on the historical record, Citizens United is far more original than originalist, and if the decision is to be justified, it has to be on jurisprudential grounds originalists traditionally disclaim as illegitimate. -- PDF File: 94 -- Keywords: Jurisprudence, constitutional interpretation, original intent, original understanding, originalism, election law, campaign finance reform, corporate personhood, general corporation statutes, political speech, First National Bank of Boston v. Bellotti, Santa Clara County v. Southern Pacific Railroad -- downloaded pdf to Note
article  SSRN  corporate_law  corporate_citizenship  US_constitution  constitutional_law  originalism  free_speech  civil_liberties  legal_history  legal_theory  legal_reasoning  elections  campaign_finance  politics-and-money  downloaded 
july 2015 by dunnettreader
Joseph Fishkin, Heather Gerken - The Party's Over: McCutcheon, Shadow Parties, and the Future of the Party System :: SSRN - Supreme Court Review, Vol. 2015, No. 1, 2015
Joseph Fishkin, University of Texas School of Law -- Heather Gerken, Yale University - Law School -- McCutcheon v Federal Election Commission can only be understood against the deep shifts taking place in American politics. By some measures, party identity is very strong, and the Democratic Party and the Republican Party are at the height of their power. Other measures suggest that the parties are losing their grip on politics to “outside groups” (..) which have taken over a startling array of core party functions. But these “outside groups” are are deeply and durably aligned with one party or the other and run by consummate party insiders. That’s why we call them shadow parties.(..) What we are witnessing is not outside spenders pulling power away from the parties but an intraparty battle for the heart and soul of the party writ large. Although we see this battle as an intraparty fight, its likely outcome is one that “small-d” democrats ought to find disquieting. The parties have been important sites of pluralist competition. The shift toward shadow parties threatens to flatten the party structure and inhibit pluralist politics. (..) They are closed to most and controlled by few. We are especially concerned that the shift to the shadow parties will permanently squeeze out the party faithful – the activists and highly engaged citizens who serve as a bridge between everyday citizens and political elites – and largely eliminate their already-diminished role within the party writ large. The shift toward shadow parties thus raises important questions about the future of American politics and who ought to control political parties. -- PDF File: 28 -- downloaded pdf to Note
paper  SSRN  SCOTUS  elections  campaign_finance  parties  partisanship  political_participation  politics-and-money  shadow_parties  business_influence  democracy_deficit 
july 2015 by dunnettreader
Jack Balkin - Fragile Democracies: An Interview with Sam Issacharoff | Balkinization - June 2015
A bunch of great Qs from HB -- I recently spoke with Sam Issacharoff (NYU Law School) about his new book, Fragile Democracies: Contested Power in the Era of Constitutional Courts (CUP). -- JB: You are one of the foremost experts on American election law. How did you get interested in the constitutional problems of emerging democracies? JB: A key claim of the book is that courts can play an important role in keeping emerging democracies from backsliding into authoritarianism and dictatorship. Why are courts able to do this? -- JB: Critics of judicial review have long argued that it is inconsistent with democracy, and actually undermines it in the long run. How does your argument engage with those critics? SI: We have long debated the issue of judicial review and the countermajoritarian difficulty in the U.S. The new democracies of the 20thC and 21stC uniformly created constitutional courts whose central function was to check the exercise of power by the political branches(..) entrusted to these courts not only the power of judicial review, but the power to be the central administrative body over elections. The gamble is that democracy would be stabilized by guaranteeing limitations on government and repeat elections. (..) I would prefer to see the question whether strong court constitutionalism can sustain democracy in fractured societies as an empirical one-- of "does it work?" If it does, we can indulge the theoretical question of the legitimacy of how judicial power is exercised, but down the road a ways.
Instapaper  books  constitutional_law  constitutions  democratization  transition_economies  post-colonial  limited_government  power-concentration  power-asymmetric  accountability  government-forms  government-roles  checks-and-balances  separation-of-powers  judiciary  judicial_review  elections  voting  corruption  parties  legitimacy  legitimacy-international  authoritarian  one-party_state  democracy_deficit  political_participation  opposition  from instapaper
july 2015 by dunnettreader
Heather K. Gerken and Joseph Fishkin - Whose party is it anyway? | Balkinization - June 2015
Description of key portion of paper published *downloaded from SSRN to Note) we imagine three models of who should control a party: 1. The equality model: On this model, each party member should have equal influence over the direction of the party. 2. The elite-driven model: On this model, the parties are not democracies; they are more like firms, competing in the broader democratic arena. In this analogy, party elites are the executives; the donors are the shareholders; and ordinary voters are like consumers who can accept or reject what the elites are selling. This model has its roots in a Schumpeterian conception of democracy. -- Neither of these models, we think, is adequate—either positively or normatively. (..) So we propose 3. The pluralist model: This hybrid model takes into account the party’s multi-layered role in our politics. On this model, the party stands in part for ordinary voters who make up the base of the party, in part for the party elites who run it, and in part for the activists in between—the party faithful, who knock on doors and show up at rallies and caucuses and provide much of the party’s energy. The party faithful are much more heavily involved in the party than ordinary voters, but much less influential than the Koch brothers. One major worry we have about the shift from official parties to shadow parties is that the party faithful may get squeezed out, leaving us with a politics that is more centralized and broadcast-like.
Instapaper  paper  SSRN  US_politics  parties  shadow_parties  political_participation  pluralism  voting  elections  democracy  democracy-direct  elites-political_influence  oligarchy  politics-and-money  partisanship  parties-transmission_belts  public_sphere  public_opinion  competition-political  from instapaper
june 2015 by dunnettreader
Elaine Karmack - Jonathan Rauch: Political realism - In praise of old fashioned politics | Brookings Institution - May 2015
Jonathan Rauch's paper “Political realism: How hacks, machines, big money and back-room deals can strengthen American democracy” marks the beginning of a serious effort on behalf of Brookings scholars to open up a conversation challenging the reform assumptions of the past few decades. In the coming months we will be convening social scientists and public intellectuals along with politicians and activists in order to explore a new way of looking at solutions to the polarization of contemporary American politics. Not everyone will agree—with Rauch—or with each other. But we feel the time has come to take on the conventional reform wisdom and begin an intellectual dialogue on why our democracy seems to be failing. Taking a page from international relations where realism assumes conflict among nations; political realism also assumes that conflict is a constant part of the system. According to Rauch realism, “…sees governing as difficult and political peace and stability as treasures never to be taken for granted.” He goes on to argue the virtues of transactional politics and to point out how, in the name of reform, weakening the bulwarks of transactional politics has weakened democracy as a whole. “Where the realist tends to believe that governing is inherently difficult, that politics is inherently transactional and that success is best judged in terms of reaching social accommodation rather than achieving some abstract purpose, the progressive tends to see government as perfectible and politics as a path toward a higher public good.” In practice this means that the political realist advocates things that have been anathema to reformers. -- downloaded pdf to Note
paper  democracy  US_politics  US_government  US_legal_system  good_government  sunshine_laws  transparency  realism-political  IR-realism  reform-political  parties  partisanship  faction  extremism  polarization  conflict  common_good  political_philosophy  political_culture  political_sociology  political_participation  political_science  politics-and-money  campaign_finance  elections  public_sphere  public_policy  downloaded 
may 2015 by dunnettreader
Thomas Grillot & Jean-Claude Monod - Interview with Bruce Ackerman - Reconstructing Citizenship for the 21stC | March 2012 - Books & ideas
Also translated into French -- Tags : liberalism | youth | elections | journalism | Constitution | citizenship | deliberation -- A world-famous legal scholar, Bruce Ackerman wants to reinvigorate citizenship in today’s democracies. Here, he reexamines the intellectual foundations of his work, and some of the pragmatic applications he designed with others. His principle is to always consider how the state intervenes in the autobiography of every man. -- downloaded pdf to Note
political_philosophy  moral_philosophy  liberalism  liberal_democracy  legal_theory  constitutional_law  constitutionalism  government-forms  elections  political_participation  political_culture  governmentality  deliberation-public  state-roles  power  power-asymmetric  downloaded  from instapaper
april 2015 by dunnettreader
Andrew Sprung - Reagan Revolution rollback | xpostfactoid - Jan 2015
Thanks largely to Piketty it's become increasingly clear that in the Reagan Revolution, middle class America sold its birthright for a mess of supply-side pottage. Dems willingness to credit GOP dogma -- raising taxes on high incomes and investment gains inhibits growth, deregulation spurs it -- are melting away. Post midterm losses, Dems are beginning to heighten rather than soft-pedal the policy contrasts between the parties. Wounded politically by perceptions that the ACA helps the poor at the expense of working people, they are looking for proposals attractive to the middle class. Emboldened by accelerating growth and employment gains, they are perhaps shedding inhibitions about leveling the playing field between workers and management. (..)To mess up my timeline a bit, Obama delivered a Pikettian narrative in Dec 2013 ..should have been a landmark speech on inequality (..) if he (and Dems) hadn't (tried to) protect their Senate majority. [In the Dec 2013 soeech] Obama zeroed in on policy choices. "As values of community broke down and competitive pressure increased, businesses lobbied Washington to weaken unions and the value of the minimum wage. As the trickle-down ideology became more prominent, taxes were slashes for the wealthiest while investments in things that make us all richer, like schools and infrastructure, were allowed to wither. And for a certain period of time we could ignore this weakening economic foundation (..) But when the music stopped and the crisis hit, millions of families were stripped of whatever cushion they had left. And the result is an economy that’s become profoundly unequal and families that are more insecure. -- terrific links roundup
US_economy  US_politics  Obama  Obama_administration  Reagan  supply-side  trickle-down  neoliberalism  inequality  middle_class  wages  wages-minimum  labor  labor_law  labor_share  labor_standards  Labor_markets  investment  executive_compensation  1-percent  infrastructure  education  education-higher  civic_virtue  common_good  Piketty  economic_growth  economic_culture  distribution-income  distribution-wealth  unemployment  health_care  public_goods  public_opinion  public_policy  elections  political_culture  political_economy  political_discourse  political_participation  Pocket 
january 2015 by dunnettreader
Jacob Weisberg, review essay - Bridge Too Far - Rick Perlstein, The Invisible Bridge: The Fall of Nixon and the Rise of Reagan | Democracy Journal - Issue #34, Fall 2014
Rick Perlstein’s account of Ronald Reagan’s rise acknowledges his popularity, but doesn’t take the reasons behind it seriously enough. --
The Invisible Bridge: The Fall of Nixon and the Rise of Reagan By Rick Perlstein • Simon & Schuster • 2014 • 810 pages -- see Perlstein’s response -- both downloaded as pdf to Note
books  reviews  article  US_politics  US_history  US_society  US_government  US_foreign_policy  Cold_War  20thC  post-WWII  right-wing  Reagan  GOP  public_opinion  public_policy  elections  parties  partisanship  faction  historiography-20thC  downloaded  EF-add 
january 2015 by dunnettreader
Rick Perlstein - The Reason for Reagan, A response to Jacob Weisberg. | Democracy Journal: Issue #35, Winter 2015
In 1984, the year Reagan won 49 states and 59 percent of the popular vote, only 35 percent of Americans said they favored substantial cuts in social programs in order to reduce the deficit. Given these plain facts, historiography on the rise of conservatism and the triumph of Ronald Reagan must obviously go beyond the deadening cliché that since Ronald Reagan said government was the problem, and Americans elected Ronald Reagan twice, the electorate simply agreed with him that government was the problem. But in his recent review of my book The Invisible Bridge [“A Bridge Too Far,” Issue #34], Jacob Weisberg just repeats that cliché—and others. “Rick Perlstein’s account of Reagan’s rise acknowledges his popularity,” the article states, “but doesn’t take the reasons behind it seriously enough.” Weisberg is confident those reasons are obvious. Is he right? -- downloaded as pdf to Note
books  reviews  article  US_politics  US_history  US_society  US_government  US_foreign_policy  Cold_War  20thC  post-WWII  right-wing  Reagan  GOP  public_opinion  public_policy  elections  parties  partisanship  faction  historiography-20thC  downloaded  EF-add 
january 2015 by dunnettreader
- DAVID LEWIS JONES - British Parliaments and Assemblies: A Bibliography of Printed Materials (2009) Parliamentary History - Wiley Online Library
Each section a pdf downloaded to Note - combined, c 25,000 entries *--* Section 1: Preface, Introduction, The Westminster Parliament 1-4005. **--** Section 2: The Medieval Parliament 4006-4728 **--** Section 3: Tudor Parliaments 4729-5064 **--* Section 4: Stuart Parliaments 5063-6805 **--** Section 5: The Unreformed Parliament 1714-1832 6806-9589. **--** Section 6: The Reformed Parliament 1832-1918 9590-15067 **--** Section 7: Parliament 1918-2009 15068-21582. **--** Section 8: The Judicial House of Lords 21583-21835. -- The Palace of Westminster 21836-22457. -- The Irish Parliament 22458-23264 -- The Scottish Parliament (to 1707) 23265-23482 -- The New Devolved Assemblies 23483-23686 -- The Scottish Parliament (1999-) 23687-24251 -- Northern Ireland 24252-24563 -- The National Assembly for Wales 24537-24963 -- Minor Assemblies
bibliography  historiography  Medieval  medieval_history  15thC  16thC  17thC  18thC  19thC  20thC  21stC  political_culture  political_philosophy  political_economy  political_history  politics-and-religion  political_participation  political_press  legal_history  legal_system  legal_theory  British_history  British_politics  Britain  British_Empire  British_foreign_policy  English_constitution  British_Empire-constitutional_structure  monarchy  monarchy-proprietary  monarchical_republic  limited_monarchy  Parliament  Parliamentary_supremacy  House_of_Commons  House_of_Lords  sovereignty  government-forms  governing_class  government_finance  government_officials  Scotland  Ireland  Ireland-English_exploitation  elites  elite_culture  common_law  rule_of_law  1690s  1700s  1707_Union  1680s  Glorious_Revolution  Glorious_Revolution-Scotland  English_Civil_War  Three_Kingdoms  composite_monarchies  Absolutism  ancient_constitution  religion-established  Church_of_England  Reformation  reform-legal  reform-political  elections  franchise  state-building  opposition  parties  pa 
december 2014 by dunnettreader
Kenan Malik - AS I WAS SAYING ABOUT UKIP… | Pandaemonium October 2014
The debate abound UKIP swirls unabated after its success in winning the Clacton by-election from the Conervatives, and in almost winning Heywood and Middleton from Labour. There remains considerable confusion about the nature of the UKIP phenomenon (the clarifying work of academics such as Matthew Goodwin and Rob Ford has been useful here). There is even greater confusion over how to challenge it. I have been writing about UKIP and immigration for a while now. So I thought I would pull together the main themes of that writing, to set out the main arguments from my previous articles about UKIP and the challenge that it poses. -- with the Lib-Dems in the coalition, they're no longer the safe protest vote -- and the UKIP phenomenon is more a matter of disaffection from all the mainstream politics than a classic "protest vote" -- links to a series of posts that also reflects on the Scottish vote, EU protest parties and the "left behind" that are politically disaffected but their "politics" is cultural and tribal rather than traditional class-based or typical left-right ideology patterns
21stC  UK_politics  EU_governance  parties  right-wing  elections  links 
october 2014 by dunnettreader
Richard Briffault - The Uncertain Future of the Corporate Contribution Ban (Valparaiso University Law Review, Forthcoming) July 25, 2014 :: SSRN
Columbia Law School -- Columbia Public Law Research Paper No. 14-405 -- Concern about the role of corporate money has been a longstanding theme in American politics. The first permanent federal campaign finance law – the Tillman Act of 1907 – prohibited federally-chartered corporations from making contributions in any election and prohibited all corporations from making contributions in federal elections. Subsequently amended, continued, and strengthened over a century the federal corporate contribution ban is still on the books. Twenty-one states also prohibit corporate contributions to candidates in state elections. SCOTUS sustained the federal corporate contribution ban as recently as 2003 in FEC v. Beaumont, but that decision and the corporate contribution ban today rest on shaky ground. The Roberts Court has demonstrated little respect for either legislated campaign finance restrictions or the Court’s own campaign finance precedents. -- In Citizens United and McCutcheon, the Court emphasized that campaign finance restrictions cannot be justified by the goal of reducing the political power of the wealthy. Although much of the impetus for the corporate contribution ban is public anxiety over corporate wealth and power, the shareholder-protection and anti-circumvention justifications are not triggered by concern about corporate wealth but, rather, reflect other key features of the corporate form – its artificial existence as a legal to achieve ends desired by the individuals who have created it, and the potential for those who control the corporation to exploit shareholders. These two interests work in tandem, with shareholder-protection having greater purchase for multi-shareholder publicly-held entities, and anti-circumvention more relevant for single-shareholder, closely-held or nonprofit corporations. Together, they make the case for the corporate contribution ban for reasons other than the equality-promoting goal that Citizens United and McCutcheon so vehemently rejected. -- another paper beginning to deal with inherent conflict between management and shareholder interests in political spending that puts 2 conservative trends on collision
article  SSRN  SCOTUS  constitutional_law  corporate_law  campaign_finance  elections  corporate_governance  shareholders  shareholder_value  investors  management  principal-agent  capital_markets  downloaded  EF-add 
september 2014 by dunnettreader
Leo E. Strine , Nicholas Walter - Conservative Collision Course?: The Tension between Conservative Corporate Law Theory and Citizens United (Cornell Law Review, Forthcoming) - August 1, 2014 :: SSRN
Leo E. Strine Jr. - Supreme Court of Delaware; Harvard Law School; University of Pennsylvania Law School -- Nicholas Walter, Yale University -- Harvard Law School John M. Olin Center Discussion Paper No. 788 -- One important aspect of Citizens United has been overlooked: the tension between the conservative majority’s view of for-profit corporations, and the theory of for-profit corporations embraced by conservative thinkers. This article explores the tension between these conservative schools of thought and shows that Citizens United may unwittingly strengthen the arguments of conservative corporate theory’s principal rival. Citizens United posits that stockholders of for-profit corporations can constrain corporate political spending and that corporations can legitimately engage in political spending. Conservative corporate theory is premised on the contrary assumptions that stockholders are poorly-positioned to monitor corporate managers for even their fidelity to a profit maximization principle, and that corporate managers have no legitimate ability to reconcile stockholders’ diverse political views. Because stockholders invest in for-profit corporations for financial gain, and not to express political or moral values, conservative corporate theory argues that corporate managers should focus solely on stockholder wealth maximization and non-stockholder constituencies and society should rely upon government regulation to protect against corporate overreaching. Conservative corporate theory’s recognition that corporations lack legitimacy in this area has been strengthened by market developments that Citizens United slighted: that most humans invest in the equity markets through mutual funds under section 401(k) plans, cannot exit these investments as a practical matter, and lack any rational ability to influence how corporations spend in the political process. -- Keywords: Corporate governance, political spending, Citizens United, conservative corporate theory, regulatory externalities, lobbying, profit maximization, constitutional law, election law, labor law
article  SSRN  SCOTUS  legal_history  legal_system  legal_theory  corporate_law  corporate_governance  principal-agent  management  shareholders  shareholder_value  campaign_finance  lobbying  elections  labor_law  US_constitution  constitutional_law  public_policy  interest_groups  oligarchy  rent-seeking  investors  savings  capitalism  capital_markets  downloaded  EF-add 
september 2014 by dunnettreader
Ronald Collins - Ask the author: Robert Post – Citizens Divided : SCOTUSblog - August 2014
The following is a series of questions posed by Ronald Collins on the occasion of the publication of Citizens Divided: Campaign Finance Reform & the Constitution by Robert C. Post, with commentaries by Pamela Karlan, Lawrence Lessig, Frank Michelman, and Nadia Urbinati. -- The central thesis of my book is to distinguish between two forms of American constitutional self-government. In the first and historically prior form of self-government, self-determination consists of a process of representation mediated by elections. I call this view of self-government “representation.” In the second form of self-government, which did not emerge until the twentieth century, self-determination consists of processes of ongoing communication constituted by First Amendment rights. I call this view of self-government “discursive democracy.” It turns out that representation and discursive democracy possess entirely different constitutional structures and properties. The tension between representation and discursive democracy is at the heart of the doctrinal confusion of cases like Citizens United. -- Question: You write that the “Justices who joined the majority opinion in Citizens United did not seem aware that the constitutional value of electoral integrity is implicit in their own reliance on First Amendment rights.” In this regard you add that your hope in this book is to “build a bridge between the majority and the dissent by illuminating the entailments of our own contemporary commitment to First Amendment ideals.” Tell us about that “bridge” you hope to construct between the Court’s so-called conservative and liberal wings?
books  reviews  kindle-available  US_constitution  SCOTUS  free_speech  elections  political_participation  legitimacy  campaign_finance  corporate_citizenship  corporate_law  democracy  discourse-political_theory  deliberation-public  representative_institutions  oligarchy  EF-add 
august 2014 by dunnettreader
MALCOLM CROOK and JOHN DUNNE -- THE FIRST EUROPEAN ELECTIONS? VOTING AND IMPERIAL STATE-BUILDING UNDER NAPOLEON, 1802–1813. (2014). | The Historical Journal, 57, pp 661-697 - Cambridge Journals Online - Abstract
MALCOLM CROOK University of Keele and JOHN DUNNE --This article establishes the significance of elections held in the annexed departments of the Napoleonic Empire from 1802 to 1813. It thus represents an original, and perhaps surprising, contribution to recent debate on the nature of Napoleonic imperialism, in which attention has shifted from core to periphery, and away from purely military matters. The electoral process under this authoritarian regime has been alternately neglected or derided, especially where the newly created departments of the Low Countries and parts of Germany and Italy are concerned. However, extensive archival research demonstrates that it was taken extremely seriously by both regime and voters, especially outside metropolitan France. These ‘First European Elections', as they may be dubbed, took place in regular fashion right across the Empire and are studied here on a transnational basis, which also involves the metropolitan departments. Though open to all adult males at the primary level, they were not exercises in democracy, but they did create some rare political space which local people were not slow to exploit for their own purposes. Above all, they served as a means of integrating ‘new Frenchmen’, particularly members of indigenous elites, into the Napoleonic system.
article  paywall  19thC  political_history  political_culture  Napoleonic_Empire  elections  Germany  Italy  Dutch  Netherlands  France  local_politics  elites  EF-add 
august 2014 by dunnettreader
Jeremy Waldron - Accountability: Fundamental to Democracy (2014, updated March 2015) :: SSRN
NYU School of Law, Public Law Research Paper No. 14-13 -- This paper defends a new and aggressive version of the agency model of accountability. It argues that officials and representatives in a democracy have an obligation to make available to citizens full information about what they have been doing. It is not permissible for them to sit back and see if the citizens can find out for themselves what they have been doing, any more than such a posture would be admissible in a commercial agent such as a realtor or an accountant. The paper also does several other things: (1) it develops a contrast between agent-accountability and forensic-accountability; (2) it distinguishes between political uses of "agency" and political uses of "trust" in political theory; (3) it develops a layered account of the principals in the democratic relation of agent-accountability, rejecting the reidentification of "the people"; (4) it develops an account of the relation between accountability and elections, emphasizing that elections play an important role in the fair settlement among principals as to how they should deal with their agents; (5) it shows that Burkeian representation is not incompatible with agent-accountability; and (6) it uses the notion of agent-accountability to illuminate the distinction between non-democratic and democratic republics. -- Number of Pages in PDF File: 32 -- Keywords: accountability, agency, Burke, democracy, elections, representation, republic, transparency, trust
paper  SSRN  political_philosophy  philosophy_of_law  legal_system  constitutionalism  democracy  accountability  transparency  agents  representative_institutions  common_good  national_interest  elections  fiduciaries  trust  trusts  government-forms  governing_class  government_officials  office  Burke  downloaded  EF-add 
july 2014 by dunnettreader
The Works and Life of Walter Bagehot, vol. 3 (Historical & Literary Essays) - Online Library of Liberty
BéRANGER. (1857.) *--* THE WAVERLEY NOVELS. (1858.) *--* CHARLES DICKENS. (1858.) *--* PARLIAMENTARY REFORM. (1859.) *--* NOTE. *--* JOHN MILTON. (1859.) *--* THE HISTORY OF THE UNREFORMED PARLIAMENT, AND ITS LESSONS. (1860.) *--* MR. GLADSTONE.1 (1860.) *--* MEMOIR OF THE RIGHT HONOURABLE JAMES WILSON. (1860.) *--* “To the Right Honourable Sir Charles Wood, Bart., G.C.B., Secretary of State for India. *--* THE AMERICAN CONSTITUTION AT THE PRESENT CRISIS. CAUSES OF THE CIVIL WAR IN AMERICA.
books  etexts  17thC  19thC  British_history  British_politics  English_lit  Milton  Scott_Sir_Walter  Dickens  Parliament  franchise  elections  parties  political_change  political_culture  Gladstone  US_Civil_War  British_Empire  British_foreign_policy  popular_politics  public_opinion  reform-political  historical_fiction  reform-social  US_constitution  Bagehot  EF-add 
july 2014 by dunnettreader
Simon Targett - Government and Ideology during the Age of Whig Supremacy: The Political Argument of Sir Robert Walpole's Newspaper Propagandists | JSTOR: The Historical Journal, Vol. 37, No. 2 (Jun., 1994), pp. 289-317
Contrary to received historical wisdom, Sir Robert Walpole, the pragmatist par excellence, was diverted by political ideas. Thus he invested time and an unprecedented amount of money in political newspapers. This article investigates the primary pro-government newspapers and, as well as identifying the leading circle of political writers sponsored by Walpole, addresses the varied and complex arguments that appeared in their `leading essay' each week for twenty years. After identifying some common but misleading historical representations of Walpolean political thought, the article examines the treatment of three broad philosophical questions - human nature, the origin, nature and extent of government, and political morality - so demonstrating that Walpole's spokesmen were not narrowly pragmatic. Subsequently, the article focuses upon the careful pro-government response to the common charges that Walpole corrupted the political system and betrayed traditional whig values. In doing so, the article highlights the skills of some underrated eighteenth-century political writers and, more importantly, emphasizes the union of government and ideology in Walpolean political thinking. -- very useful references -- Downloaded pdf to Note
article  jstor  intellectual_history  18thC  1720s  1730s  1740s  British_history  British_politics  political_philosophy  moral_philosophy  human_nature  mixed_government  English_constitution  Parliament  Parliamentary_supremacy  partisanship  elections  franchise  political_culture  corruption  government_officials  governing_class  political_economy  political_press  Walpole  Hervey  Whigs-oligarchy  Whigs-opposition  Tories  Craftsman  Bolingbroke  bibliography  downloaded  EF-add 
june 2014 by dunnettreader
A bygone age … The unraveling … Faith in institutions by Nicholas Lemann | The Washington Monthly
First, we had too much faith in the ability of people like us, smart and well-intentioned upper-middle-class (defined by family background, not by what the Monthly paid) Washington liberals, to determine what was and wasn’t a genuine social need. Our scorn for interest group liberalism led us to undervalue the process of people organizing themselves and pushing the political system to give them what they wanted from it. Second, we failed to anticipate the way that eliminating all those structures that struck us as outdated—the government bureaucracies, the seniority system in Congress, the old-line interest groups—would almost inevitably wind up working to the advantage of elites more than of the ordinary people on whose behalf we imagined ourselves to be advocating. The frictionless, disintermediated, networked world in which we live today is great for people with money and high-demand skills, not so great for everybody else. It’s a cruel irony of the Monthly’s history that our preferred label for ourselves, neoliberal, has come to denote political regimes maximally friendly to the financial markets. I’ve come to see the merits of the liberal structures I scorned in my younger days.
US_history  20thC  intellectual_history  US_politics  liberalism  neoliberalism  democracy  governing_class  Congress  elections  trust  right-wing  interest_groups  bureaucracy  campaign_finance  elites  plutocracy 
april 2014 by dunnettreader
Simone Chambers - Rhetoric and the Public Sphere: Has Deliberative Democracy Abandoned Mass Democracy? | JSTOR: Political Theory, Vol. 37, No. 3 (June 2009), pp. 323-350
The pathologies of the democratic public sphere, first articulated by Plato in his attack on rhetoric, have pushed much of deliberative theory out of the mass public and into the study and design of small scale deliberative venues. The move away from the mass public can be seen in a growing split in deliberative theory between theories of democratic deliberation (on the ascendancy) which focus on discrete deliberative initiatives within democracies and theories of deliberative democracy (on the decline) that attempt to tackle the large questions of how the public, or civil society in general, relates to the state. Using rhetoric as the lens through which to view mass democracy, this essay argues that the key to understanding the deliberative potential of the mass public is in the distinction between deliberative and plebiscitary rhetoric. -- see bibliography on jstor information page -- downloaded pdf to Note
article  jstor  political_philosophy  democracy  political_participation  deliberation-public  rhetoric-political  majoritarian  political_press  partisanship  parties  elections  bibliography  downloaded  EF-add 
february 2014 by dunnettreader
Andrew Stark - Corporate Electoral Activity, Constitutional Discourse, and Conceptions of the Individual | JSTOR: The American Political Science Review, Vol. 86, No. 3 (Sep., 1992), pp. 626-637
Recently, constitutional scholars have begun exploring how far constitutional discourse is governed by competing liberal and republican conceptions of the just or the good society. At the same time, political theorists have placed in doubt how far this debate rests on the metaphysical dichotomy between a radically autonomous and a radically encumbered individual. Scholars, however, have yet to investigate to what extent metaphysical conceptions of the autonomous or the encumbered individual underlie and determine strands of constitutional discourse. I analyze the deep structure of constitutional discourse in one important area--the legitimacy of prohibitions on corporate electoral activity. I show that the constitutional argumentation recurrently mounted against corporate electoral activity rests on a particular version of the radically encumbered individual and that the major constitutional defenses of corporate electoral activity assume a particular version of the radically autonomous individual.
article  jstor  intellectual_history  political_philosophy  legal_theory  US_constitution  individualism  liberalism  republicanism  communitarian  civic_virtue  elections  corporations  corporate_governance  campaign_finance  EF-add 
january 2014 by dunnettreader
Alan de Bromhead, Barry Eichengreen, Kevin Hjortshøj O’Rourke - Right-wing political extremism in the Great Depression | vox , 27 February 2012
Our major interest is the impact of the Depression on voting patterns and hence how voting shares changed after 1929. Our statistical results (see Annex for details) show that that the Depression was good for fascists. It was especially good for fascists in countries that had not enjoyed democracy before 1914; where fascist parties already had a parliamentary base; in countries on the losing side in WWI; and in countries that experienced boundary changes after 1918.

Since Germany ticks each of these boxes and saw a particularly large increase in the fascist vote, one may ask whether these interaction effects are driven by the German experience alone. The answer is that they are not.

Importantly, it shows that what mattered was not the current growth of the economy but cumulative growth or, more to the point, the depth of the cumulative recession. One year of contraction was not enough to significantly boost extremism, in other words, but a depression that persisted for years was.
paper  20thC  economic_history  political_history  political_culture  political_economy  democracy  elections  fascism  Great_Depression  economic_growth  EF-add 
december 2013 by dunnettreader
G. William Domhoff - C. Wright Mills, Floyd Hunter, and 50 Years of Power Structure Research | Who Rules America
C. Wright Mills, Floyd Hunter, and 50 Years of Power Structure Research
by G. William Domhoff
Keynote address to the Michigan Sociological Association, 2006

NOTE: This document is an extended version of "C. Wright Mills, Power Structure Research, And The Failures of Mainstream Political Science," but without the critique of mainstream political science. Instead, it includes more historical background on power structure research, a more detailed critique of pluralism, and a critique of structural Marxists. It is actually a lightly edited and extended reprint of a journal article with the following citation:

Domhoff, G. William. 2007. "C. Wright Mills, Floyd Hunter, and 50 Years of Power Structure Research." Michigan Sociological Review 21:1-54.
social_theory  US_history  US_economy  US_politics  power  elites  parties  US_politics-race  post-WWII  labor  Labor_markets  public_policy  right-wing  New_Left  New_Deal  neoliberalism  social_sciences-post-WWII  sociology  politics-and-money  elections  EF-add 
november 2013 by dunnettreader
G. William Domhoff - Power at the Local Level: Growth Coalition Theory | Who Rules America
Theory of local "growth coalitions" and history of urban policy and public administration institutions growing out of Good Government battles against Democratic Party machines and Socialists. Rockefeller Foundation and University of Chicago building nationwide urban policy network of thinktanks through Progressive and New Deal era. Electoral and managerial "reforms" (off yr & nonpartisan elections, citywide councils w/ no or minimal pay), city managers) that defanged threats from immigrant, Negro & Socialist politicians, foreclosed working class participation in governing bodies etc.

The idea that the heart of a local power structure is provided by those businesses concerned with local real estate values explains what had been considered a perplexing issue in what was once called the "community power literature:" the relative absence of industrial executives as top leaders within the city..... manufacturers usually are not concerned with land values unless they are also big landowners as well. Their focus is on making profits through the sale of products in regional, national, and international markets. For an industrialist, any given locality is merely a site for production that can be abandoned with a fair amount of ease if it becomes too costly, .... Their power is not in their involvement in local government but in their ability to move, which ... creates an underlying tension between the two sets of interests.

Since a great many specific government decisions can affect land values and growth potentialities, leaders of the growth coalition are prime participants in local government. Their involvement is even greater than that of corporate capitalists at the national level, where the power elite can rely to some extent on such "signals" as stock prices, interest rates, and the level of new investments to tell government officials what they think of current policies.

Due to the separation of local, state, and national government in the United States, the wily members of the local growth coalition are able to have it both ways. At the state and national levels they support those politicians who oppose, in the name of fiscal and monetary responsibility, the kinds of government policies that might create more jobs, whereas at the local level they talk in terms of their attempts to create more jobs. Their goal is never profits, but only jobs.
19thC  20thC  US_history  urban  urbanization  political_history  political_press  politics-and-money  urban_politics  US_economy  US_politics  political_economy  political_culture  local_government  business  elites  networks  investment  profit  property  Labor_markets  conservatism  lobbying  landowners  economic_growth  off-shoring  urban_development  suburbs  parties  elections  Great_Depression  US_politics-race  EF-add 
november 2013 by dunnettreader
Unions, Corporations, and Political Opt-Out Rights after Citizens United by Benjamin I. Sachs :: SSRN
Benjamin I. Sachs - Harvard Law School - August 15, 2011 - 112 Columbia Law Review 800 (2012) - Harvard Public Law Working Paper No. 11-21 - Last revised: June 4, 2012

Citizens United upends much of campaign finance law, but it maintains at least one feature of that legal regime: the equal treatment of corporations and unions. Prior to Citizens United, that is, corporations and unions were equally constrained in their ability to spend general treasury funds on federal electoral politics. After the decision, campaign finance law leaves both equally unconstrained and free to use their general treasuries to finance political spending. But the symmetrical treatment that Citizens United leaves in place masks a less visible, but equally significant, way in which the law treats union and corporate political spending differently. Namely, federal law prohibits a union from spending its general treasury funds on politics if individual employees object to such use - employees, in short, enjoy a federally protected right to opt out of funding union political activity. In contrast, corporations are free to spend their general treasuries on politics even if individual shareholders object - shareholders enjoy no right to opt out of financing corporate political activity. This article assesses whether the asymmetric rule of political opt-out rights is justified.
paper  SSRN  US_politics  US_constitution  Supreme_Court  elections  corporate_governance  unions  EF-add 
october 2013 by dunnettreader
Abraham D. Kriegel: Liberty and Whiggery in Early Nineteenth-Century England (1980)
JSTOR: The Journal of Modern History, Vol. 52, No. 2 (Jun., 1980), pp. 253-278 -- by end of 18thC Whigs had won the battle over defining that ambiguous event, the Glorious Revolution, and had claimed the uncontested mantle of champions of liberty. And in this sense Bolingbroke's claim of the Revolution belonging to both Whigs and Tories, regardless of what theory was used to jusify was indeed out Whigging the Whhigs. But "liberty" had some suspect origins (noble and corporate privileges) by early 19thC and very ambiguous applications, especially in connection with that other ambiguous term property. Some good stuff on particular 17thC and 18thC moments in evolution of political language.
article  jstor  17thC  18thC  19thC  British_politics  political_history  political_philosophy  intellectual_history  language-politics  Whigs  Grey_Lord  Fox_Charles_James  Reform_Act_1832  elections  suffrage  aristocracy  elites  landowners  landed_interest  liberty  property  commerce  middle_class  civil_liberties  constituencies  corruption  hierarchy  deference  downloaded  EF-add  English_constitution 
september 2013 by dunnettreader
Review essay: Linda Colley and Mark Goldie - The Principles and Practice of Eighteenth-Century Party (1979)
JSTOR: The Historical Journal, Vol. 22, No. 1 (Mar., 1979), pp. 239-246 -- downloaded pdf to Note --Works reviewed: --**-- Parliament, Policy and Politics in the Reign of William III by Henry Horwitz;  --**-- The Growth of Parliamentary Parties 1689-1742 by B. W. Hill; Stability and Strife 1714-1760 by W. A. Speck;  --**-- Revolution Principles: The Politics of Party 1689-1720 by J. P. Kenyon; --**--  Liberty and Property: Political Ideology in Eighteenth Century Britain by H. T. Dickinson
books  bookshelf  reviews  jstor  17thC  18thC  political_history  Britain  British_history  British_politics  parties  Whigs  Whig_Junto  Tories  William_III  Queen_Anne  George_I  George_II  Walpole  Bolingbroke  provinces  local_government  elections  Country_Party  Whigs-opposition  ideology  elites  public_opinion  political_press  political_culture  downloaded  EF-add 
september 2013 by dunnettreader
Richard Posner: Shelby County: Striking down the Voting Rights Act is all about conservatives’ imagination. - Slate June 2013
Roberts' game with "equal sovereignty" is a disreputable bit of dreaming up nonexistent constitutional "principles"
High praise for Ginsburg's dissent -
Opinion pdf downloaded to Note - Ginsburg's dissent starts p 32 of 68
SCOTUS  US_politics  US_constitution  civil_liberties  elections  republicanism  downloaded 
july 2013 by dunnettreader
Finding the future of democracy in the past | OUPblog June 2013
Mark Philp and Joanna Innes are co-editors of Re-imagining Democracy in the Age of Revolutions: America, France, Britain, Ireland 1750-1850 (OUP, 2013).

If we read the past wholly in the light of the present, then we also will read our futures in that way.  But if we recognise the foreignness of the past, and the very different ways in which people in different political settings responded to the pressures of social change and the emergence of more popular forms of politics at the end of the eighteenth and beginning of the nineteenth centuries, we may find ourselves able to ask questions of our present — and of our futures — that would not otherwise be asked .
books  18thC  19thC  democracy  political_history  British_history  British_Empire  US_history  France  Ireland  historiography  revolutions  elections  EF-add 
june 2013 by dunnettreader

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