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The story of how the First Amendment became an obstacle to campaign finance regulation--a history that began much earlier than most imagine. Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment. Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles--but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable. Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
In recent decades, and particularly since the US Supreme Court’s controversial Citizens United decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. But as David M. Primo and Jeffrey D. Milyo argue, politicians and the public alike should reconsider the conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.
“When money talks, democracy walks. Read this book to learn how We the People can take back our elections from the billionaires.” —Robert B. Reich, former U.S. Secretary of Labor and author of The System: Who Rigged It, How We Fix It Special-interest money is destroying our democratic process. And ever since the Citizens United decision threw out campaign spending limits abridgments of free speech, Americans want to know what they can do about it. Derek Cressman gives us the tools, both intellectual and tactical, to fight back. There’s nothing inherently unconstitutional in limiting the amount of speech, Cressman insists. We do it all the time—for example, cities control when and where demonstrations can take place or how long people can speak at council meetings. Moreover, he argues that while you choose to patronize Fox News, MSNBC, the New York Times, or the Wall Street Journal, political advertising is forced upon you. It’s not really free speech at all—it’s paid speech. It’s not at all what the Founders had in mind when they wrote the First Amendment. Cressman examines how courts have foiled attempts to limit campaign spending, details what a constitutional amendment limiting paid speech should say, and reveals an overlooked political tool that concerned citizens can use to help gain the amendment’s passage. Seven times before in our history we have approved constitutional amendments to overturn wrongheaded rulings by the Supreme Court—and there’s no reason we can’t do it again.
A far-reaching examination of how America came to treat street and corporate crime so differently. While America incarcerates its most marginalized citizens at an unparalleled rate, the nation has never developed the capacity to consistently prosecute corporate wrongdoing. Dual Justice unearths the intertwined histories of these two phenomena and reveals that they constitute more than just modern hypocrisy. By examining the carceral and regulatory states’ evolutions from 1870 through today, Anthony Grasso shows that America’s divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct. Since then, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America’s legal system.
"Second Chance: How to Make and Keep Big Money from the Coming Gold and Silver Shock Wave empowers you to step onto the investment battlefield and leave it a winner."--
“A damning investigation of dark money by a senior member of the Senate Judiciary Committee” (Kirkus Reviews) with a new preface on recent disclosures about efforts to influence the Court “There’s no senator I can think of who’s done more sleuthing to figure out the money trail in American politics, particularly as it affects the courts.”—Jane Mayer, author of the national bestseller Dark Money As the story of Supreme Court malfeasance and ethics violations repeatedly makes front-page news, the paperback version of The Scheme comes at a time of crisis for the American judiciary. Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse, whom Senator Elizabeth Warren calls a “a powerful voice in defending our American democracy against the relentless, pervasive—and often hidden—power of corporate special interests,” here turns his attention to the right-wing scheme to capture the United States Supreme Court. Whitehouse chronicles a hidden-money campaign using an armada of front groups, helped by the infamous Citizens United Supreme Court decision, employing the Federalist Society as an appointments turnstile, and with the same small handful of right-wing billionaires and corporations enticing the Senate to break rules, norms, and precedents to confirm wildly inappropriate nominees who would advance their anti-government agenda. Now available in an affordable paperback edition with a new preface addressing the Reverend Schenck disclosures about politicking the justices and Justice Thomas’s recently disclosed conflicts of interest, The Scheme offers what Kirkus Reviews calls “a maddening indictment of a corrupt and corrupted judiciary.”
Explores how “clean money” is transforming capitalism by powering sustainable businesses that build social and financial equity and change the world. Part memoir of an inspiring thought-leader’s journey from presidential campaigner to multi-millionaire investor, part insider’s guide to the businesses that are remaking the world, and part table-pounding manifesto for innovative investors and entrepreneurs.
The growing ideological gulf between Democrats and Republicans is one of the biggest issues in American politics today. Our legislatures, composed of members from two sharply disagreeing parties, are struggling to function as the founders intended them to. If we want to reduce the ideological gulf in our legislatures, we must first understand what has caused it to widen so much over the past forty years. Andrew B. Hall argues that we have missed one of the most important reasons for this ideological gulf: the increasing reluctance of moderate citizens to run for office. While political scientists, journalists, and pundits have largely focused on voters, worried that they may be too partisan, too uninformed to vote for moderate candidates, or simply too extreme in their own political views, Hall argues that our political system discourages moderate candidates from seeking office in the first place. Running for office has rarely been harder than it is in America today, and the costs dissuade moderates more than extremists. Candidates have to wage ceaseless campaigns, dialing for dollars for most of their waking hours while enduring relentless news and social media coverage. When moderate candidates are unwilling to run, voters do not even have the opportunity to send them to office. To understand what is wrong with our legislatures, then, we need to ask ourselves the question: who wants to run? If we want more moderate legislators, we need to make them a better job offer.