The Situationist

Posts Tagged ‘Citizens United’

Situationist Corruption

Posted by The Situationist Staff on September 14, 2010

Molly J. Walker Wilson recently posted her article, “Behavioral Decision Theory and Implications for the Supreme Court’s Campaign Finance Jurisprudence” (Cardozo Law Review, Vol. 31, p. 679, 2010) on SSRN.  Here’s the abstract.

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America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as “speech” and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or the appearance of corruption. However, behavioral decision research and theory provide strong support for the notion that expenditures do corrupt the political process, because there is a nexus between campaign spending, strategic manipulation, and sub-optimal voting decisions. This Article applies behavioral research and theory to advance a new definition of “corruption,” arguing that there is a vital governmental interest in regulating campaign expenditures in order to limit manipulative campaign tactics and to reduce the existing inequities in access to channels of communication and persuasion.

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You can download the entire article for free here.  For a sample of related Situationist posts, see “The Situation of Corruption,” Larry Lessig’s Situationism,” The Situation of Swift-Boating,” “Deep Capture – Part VII,” “The Situation of Earmarks,” “The Deeply Captured Situation of the Economic Crisis,” and “Our Stake in Corporate Behavior.”

Posted in Abstracts, Behavioral Economics, Deep Capture, Law, Politics | Tagged: , , | Leave a Comment »

The State of Shareholder Power in the Situation of Citizens United 

Posted by The Situationist Staff on April 22, 2010

Who is speaking when a corporation talks? Can a corporation represent all of its shareholders and workers in political speech? How will corporations decide who to represent?  In “Corporate Governance Redux in the Light of Citizens United,” Robert A.G. Monks will detail  the history of corporate personhood and how this case relates to corporate governance.

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Come hear Mr. Monks, shareholder activist, author, corporate governance advisor, and HLS alum, for a lunch-time discussion of the state of shareholder power after Citizens United (04/22/10).  The talk will be held in Austin West at Harvard Law School (12pm-1pm).  Lunch will be provided.

Posted in Deep Capture, Distribution, Events, History, Law, Public Policy | Tagged: , , , | Leave a Comment »

The Frontline of Citizens United

Posted by The Situationist Staff on April 20, 2010

What are the implications of corporate personhood after the Supreme Court’s decision in Citizen’s United? Get the story from behind this term’s most talked-about case from the lawyers who argued in district court and wrote the Supreme Court briefs. How did the FEC develop it’s position? What is at stake? What role do agency lawyers place in a high-profile case? What are the FEC’s next steps in light of the decision?

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David B. Kolker and Kevin A. Deely, Associate General Counsels for the Federal Election Commission, will speak today (04/19/10) at Harvard Law School (12pm-1pm, Austin East).  Lunch will be provided.

Posted in Deep Capture, Law, Politics | Tagged: | Leave a Comment »

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