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On the IRS’s Current Problems

http://www.moresoftmoneyhardlaw.com/2013/05/irs-and-tax-exempt-politics

Laquo; A new recipe for election reform. The IRS and the IG Report: The Limits of Improved Performance. On the IRS’s Current Problems and the Problem with the Law of Tax-Exempt Politics. May 13, 2013. Posted by Bob Bauer. Discussion of the IRS’ mishandling of the tax exempt applications process might include a fundamental question: what role do we want to assign the IRS in approving tax-exemptions for groups engaged in one form or another of political, legislative or policy activity? As one expert, Profe...

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Questions of Criminal Enforcement -

http://www.moresoftmoneyhardlaw.com/2015/07/questions-criminal-enforcement

Laquo; The Judging of Politicians by Judges, Part II: Blagojevich in the Seventh Circuit. The Question of Super PACs in the Post-Buckley World. Questions of Criminal Enforcement. July 28, 2015. Posted by Bob Bauer. In the wake of the Wisconsin case. Ask, should campaign finance law enforcement be different? In the past, DOJ has formally, as a matter of policy, counseled its prosecution teams that the investigation of election activity is politically sensitive and requires careful attention to assure that...

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Contribution/Expenditure Doctrine Archives -

http://www.moresoftmoneyhardlaw.com/category/contributionexpenditure-doctrine

Archive for the 'Contribution/Expenditure Doctrine' Category. Laquo; Previous Entries. 8220;Legitimacy”: the FEC and the Press Exemption. April 21, 2016. Posted by Bob Bauer. The FEC tries to make up its mind, case by case, whether an organization distributing political material is a press entity engaged in a legitimate press function. It concluded some time ago. Whether to bestow similar grace on another documentary producer, one who evidently does not care for President Obama. March 10, 2016. A donor's...

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Contribution limits Archives -

http://www.moresoftmoneyhardlaw.com/category/contribution-limits-2

Archive for the 'Contribution limits' Category. Laquo; Previous Entries. A Legal Note from the World of Conventions. July 26, 2016. Posted by Bob Bauer. In 1984 there was a flap. For a declaratory judgment and injunctive relief. The Federal Election Commission. The “Evidence” In Reform (and Anti-Reform) Argument. May 18, 2016. Posted by Bob Bauer. Buckley v. Valeo, 424 U.S 1, 27. This was the magnitude of the conclusion that the Supreme Court drew about the prevalence or appearance of corruption when it ...

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The Question of Super PACs in the Post-Buckley World -

http://www.moresoftmoneyhardlaw.com/2015/08/question-super-pacs-post-buckley-world

Laquo; Questions of Criminal Enforcement. Professor Lessig’s Conception of the “Referendum Presidency”. The Question of Super PACs in the Post-Buckley World. August 3, 2015. Posted by Bob Bauer. The court’s worst blunder, she said, was its 2010 decision in Citizens United “because of what has happened to elections in the United States and the huge amount of money it takes to run for office. This is what Justice Ginsburg has said. Stuart Stevens refers to just the electoral impacts. Perhaps for this reaso...

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independent expenditures Archives -

http://www.moresoftmoneyhardlaw.com/tag/independent-expenditures

Laquo; Previous Entries. Again Before the Supreme Court: Can There Be “Issues Speech” During Campaigns? June 13, 2016. Posted by Bob Bauer. The Supreme Court will soon decide whether to take up a major case. In the case in question. Delaware Strong Families v. Denn. Distinction between express and issue advocacy, apparently in the belief that, on this point, the 1976 decision has been overtaken by the decisions in. Especially the latter, which it reads to allow for the regulation of. April 21, 2016.

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Buckley v. Valeo Archives -

http://www.moresoftmoneyhardlaw.com/tag/buckley-v-valeo

Laquo; Previous Entries. Reform and the “Chaos Syndrome”. June 21, 2016. Posted by Bob Bauer. In an article just published. Rauch does not claim that the reforms all without merit, or that we can or should leapfrog back to the end of the 19th or early 20th century. But, he says, by scaling back or adjusting certain of these reforms, something can be done to restore functionality to our politics to contain the chaos. Buckley v. Valeo. Buckley v. Valeo. June 16, 2016. Posted by Bob Bauer. Believes him to d...

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First Amendment Archives -

http://www.moresoftmoneyhardlaw.com/category/first-amendment

Archive for the 'First Amendment' Category. Laquo; Previous Entries. The Question of Intensity: Campaign Finance and the Ginsburg Controversy. July 19, 2016. Posted by Bob Bauer. Professor Erwin Chemerinsky, Dean of the UC Irvine School of Law, has maintained a lively defense of Justice Ginsburg's comments critical of Donald Trump, writing first. And then elaborating on his position in a. Los Angeles Times op-ed. And a podcast discussion. This is another application of the test of conviction. That the pr...

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Super PACs Archives -

http://www.moresoftmoneyhardlaw.com/category/super-pacs

Archive for the 'Super PACs' Category. Laquo; Previous Entries. The Courts and Election Law: The Divergent Fortunes of Crawford (Voter ID) and Citizens United (Super PACs). August 3, 2016. Posted by Bob Bauer. The voting rights and campaign finance wars have been fought on terrain largely shaped by two major and controversial decisions: the. Case on voter ID requirements, and. Was here to stay, even as the Justice who wrote for the Court, John Paul Stevens, has expressed regret. The court’s brief, arguab...