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Losing Twice: The Lottery

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0010
Subject:
Law, Constitutional and Administrative Law

The indifference of justices, both to the harm they inflict on constitutional stature and to the opportunities they have to enhance their legitimacy by honoring stature, can run deep. This chapter ... More


Neoliberalism and the Economization of Rights

Wendy Brown

in Critical Theory in Critical Times: Transforming the Global Political and Economic Order

Published in print:
2017
Published Online:
January 2019
ISBN:
9780231181518
eISBN:
9780231543620
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231181518.003.0005
Subject:
Philosophy, Political Philosophy

Together, the Marxist and Foucauldian perspectives capture dimensions of law’s role in de-regulating and empowering capital, and defanging or dismantling labor, consumer, welfare and other popular ... More


Two Applications

Eric W Orts

in Business Persons: A Legal Theory of the Firm

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.003.0008
Subject:
Business and Management, Organization Studies

This chapter provides two practical applications of the legal theory of the firm elucidated in the book. One controversial issue addressed is executive compensation in corporations, which many ... More


In the Business of Free Speech: The Roberts Court and Citizens United

Joel M. Gora

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0009
Subject:
Political Science, American Politics

No case concerning corporations has attracted more attention or prompted more debate than Citizens United v. Federal Election Commission. While controversial, Citizens United may not be evidence of a ... More


Letting Money into Elections: Citizens United and McCutcheon

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Roberts Court’s most notorious, controversial decision, Citizens United v. Federal Election Commission, which strikes down long-standing bans on election spending by ... More


Citizens United

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0007
Subject:
Law, Constitutional and Administrative Law

Citizens United is an example of a case where the Supreme Court overruled a law created by democratically elected representatives in the name of democratic process. In this chapter the important ... More


Paradigmatic Politics: Stock Footage and the Hysterical Archive

Scott Krzych

in Beyond Bias: Conservative Media, Documentary Form, and the Politics of Hysteria

Published in print:
2021
Published Online:
February 2021
ISBN:
9780197551219
eISBN:
9780197551257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197551219.003.0006
Subject:
Literature, Film, Media, and Cultural Studies

This final chapter examines films distributed by the conservative production company Citizens United, placing special emphasis on the films’ excessive use of stock footage as a substitute for ... More


A Stronger Libertarian Paradigm and The Death of the New Deal Constitution

John Attanasio

in Politics and Capital: Auctioning the American Dream

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190847029
eISBN:
9780190847050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190847029.003.0006
Subject:
Law, Constitutional and Administrative Law

McCutcheon v. Federal Election Commission (FEC) and Citizens United v. FEC have transformed the playing field. Citizens United allows those who run corporations to leverage their influence by using ... More


Campaign Finance Laws and Trust in Government

David M. Primo and Jeffrey D. Milyo

in Campaign Finance and American Democracy: What the Public Really Thinks and Why It Matters

Published in print:
2020
Published Online:
May 2021
ISBN:
9780226712802
eISBN:
9780226713137
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226713137.003.0008
Subject:
Political Science, American Politics

Primo and Milyo construct the largest dataset to date of survey results asking Americans about their trust or confidence in state government. The dataset pools nearly 60,000 individual-level ... More


Business Persons: A Legal Theory of the Firm

Eric W. Orts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.001.0001
Subject:
Business and Management, Organization Studies

This book explains the legal structure of business firms as they operate in the world today. It describes the legal foundations or “matrix” from which all firms are built, managed, and governed. The ... More


Incoherent Corporate Speech

Lisa Siraganian

in Modernism and the Meaning of Corporate Persons

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198868873
eISBN:
9780191905339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868873.003.0003
Subject:
Literature, 20th-century Literature and Modernism

F. Scott Fitzgerald imagines corporate marriage proposals as a promising thought experiment to think through the fundamental incoherence of what was eventually to be known as corporate speech after ... More


The Malleable Public

David M. Primo and Jeffrey D. Milyo

in Campaign Finance and American Democracy: What the Public Really Thinks and Why It Matters

Published in print:
2020
Published Online:
May 2021
ISBN:
9780226712802
eISBN:
9780226713137
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226713137.003.0004
Subject:
Political Science, American Politics

In this chapter Primo and Milyo analyze how values intersect with partisanship and ideology in shaping public attitudes on campaign finance in the post-Citizens United era. Using survey questions and ... More


The Appearance of Corruption: An Introduction

Daron R. Shaw, Brian E. Roberts, and Mijeong Baek

in The Appearance of Corruption: Testing the Supreme Court’s Assumptions about Campaign Finance Reform

Published in print:
2021
Published Online:
February 2021
ISBN:
9780197548417
eISBN:
9780197550397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197548417.003.0001
Subject:
Political Science, American 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 ... More


The First Amendment and the Business Corporation

Ronald J. Colombo

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199335671
eISBN:
9780199361915
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199335671.001.0001
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

The role of the business corporation in modern society is a controversial one. Some fear and object to the use of corporate power and influence over governments, legislation, and culture. Others view ... More


Too Much Free Speech?

Randall P. Bezanson

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037115
eISBN:
9780252094224
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037115.001.0001
Subject:
Society and Culture, Media Studies

This book takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. ... More


Whither Campaign Finance Jurisprudence?

Daron R. Shaw, Brian E. Roberts, and Mijeong Baek

in The Appearance of Corruption: Testing the Supreme Court's Assumptions about Campaign Finance Reform

Published in print:
2021
Published Online:
February 2021
ISBN:
9780197548417
eISBN:
9780197550397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197548417.003.0007
Subject:
Political Science, American Politics

Chapter 7 offers a discussion of the main results and a consideration of the political, policy, and jurisprudential implications of the study. It deliberates what happens in instances like this—when ... More


The Supreme Court in the Era of Bifurcated Review V: Free Speech Cases

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0012
Subject:
Law, Legal History, Constitutional and Administrative Law

Of all the areas of twentieth-century constitutional jurisprudence, that of free speech has had the most dramatic transformation. From a state of insignificance, the First Amendment has been applied ... More


When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v. Hobby Lobby Stores, Inc.

Wendy Brown

in Looking for Law in All the Wrong Places: Justice Beyond and Between

Published in print:
2019
Published Online:
January 2020
ISBN:
9780823283712
eISBN:
9780823286164
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823283712.003.0009
Subject:
Anthropology, Social and Cultural Anthropology

In Burwell v. Hobby Lobby Stores, Inc. (2014), the U.S. Supreme Court held that a national chain of craft stores whose Christian owners believed contraception was a sin against God could not be ... More


Gauging (Perceived) Corruption

Daron R. Shaw, Brian E. Roberts, and Mijeong Baek

in The Appearance of Corruption: Testing the Supreme Court's Assumptions about Campaign Finance Reform

Published in print:
2021
Published Online:
February 2021
ISBN:
9780197548417
eISBN:
9780197550397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197548417.003.0003
Subject:
Political Science, American Politics

Chapter 3 aims to gauge both the reality of, as well as public opinion on, the central issue of corruption. It investigates public opinion on corruption among elected officials, source of corruption, ... More


Outside Groups, Plutocrats, and Dark Money: Consultants and the 2016 Presidential Campaign

Dennis W. Johnson

in Democracy for Hire: A History of American Political Consulting

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190272692
eISBN:
9780190272722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190272692.003.0021
Subject:
Political Science, American Politics

The US Supreme Court, in its decision in Citizens United v. Federal Election Commission decision, changed the rules for campaign financing and had a major impact on subsequent federal and ... More


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