Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 77, No. 7, June

Boiling Blood
Richard Hasen knew he would raise some readers' blood pressure when he advocated bringing the media within the scope of campaign finance limitations by precluding media endorsement of candidates.1 Seldom do authors understand their audiences so well....
Campaign Finance Laws and the Rupert Murdoch Problem
Introduction We live in an era of corporate "synergy," where large corporations use vertical integration and product tie-ins to promote their various products and services. One unusual tie-in occurred in the recent film Independence Day1 by Rupert Murdoch's...
Election Law Miscellany: Enforcement, Access to Debates, Qualification of Initiatives
Equality was one of the founding principles of the United States of America. On the evidence of the three articles presented in this segment of the Symposium, equality works better as a founding principle for countries than for election law research....
Electoral Exceptionalism and the First Amendment
Electoral Exceptionalism and the First Amendment^ In Arkansas Educational Television Commission v. Forbes,1 the Supreme Court held that at least one phase of the electoral process, a candidate debate, is special for First Amendment purposes. At issue...
Equity and Efficacy in the Enforcement of Campaign Finance Laws
Perhaps it is true that the sins of this life are punished in the hereafter. Hypocrites will be forced to wear gilded cowls of lead; illicit lovers will be buffeted about in an endless storm; the violent shall be torn asunder. If Dante is right, one...
Introduction: Money, Politics, and Equality
"Money, Politics, and Equality." A curious triumvirate. The first two elements-money and politics-have gone hand in hand, probably for as long as the two have coexisted. A century ago, Ohio political boss Mark Hanna declared: "There are two things that...
Is Money Different?
Introduction We can never be true political equals. Some people are smarter, or more ambitious, or more committed, or more unscrupulous, or better able to gauge the public's needs or wants, or better speakers, or better known, or better educated, or...
Money, Agenda Setting, and Direct Democracy
The tools of direct democracy-the initiative, the referendum, and the recall-developed as ways to amplify the voices of ordinary people and to counter the influence of entrenched interests with clout to shape the traditional legislative process.1 Advocates...
Money and Institutional Power
Introduction Money is power. The identity is simple enough, even axiomatic. Most commentary on and criticism of American campaign finance begins with this proposition, though many social scientists are skeptical that donors get much for their contributions.1...
Regulating Election Speech under the First Amendment
Campaign finance reform has become the Vietnam of First Amendment theory and doctrine. Or perhaps, in deference to the sensibilities of my generation, I should say that it has become the Kosovo, since the beneficence of our intentions in the latter case...
The Debate Gerrymander
Sitting on a sofa on a Sunday afternoon, Going to the candidates debate. Laugh about it, shout about it: When you've got to choose, Every way you look at it, you lose -Simon and Garfunkel, Mrs. Robinson (1968)1 You wore our expectations like an armored...
The Hydraulics of Campaign Finance Reform
Electoral reform is a graveyard of well-intentioned plans gone awry. It doesn't take an Einstein to discern a First Law of Political Thermodynamics-the desire for political power cannot be destroyed, but at most, channeled into different forms-nor a...
Water, Water Everywhere
Money and Institutional Power1 and The Hydraulics of Campaign Finance Reform2 present a rare and delightful opportunity for a commentator. Each paper well illuminates the other. Unlike most people in my position, I do not have to work to bring my assignments...