A Tale of Two Blawgs

It may be a new story that is already old, but here’s my own example of the role blogs can play in legal scholarship. A post on my personal blog is turning into a paper. But before I can complete the paper (I was well into another project), a case comment in the Harvard Law Review has responded to my idea.

I am working on a paper discussing the potential implications of the Supreme Court’s decision last term in Davis v. FEC, striking down the “Millionaire’s Amendment” to the Bipartisan Campaign Reform Act (more commonly known as the McCain-Feingold Act).  This provision increased the campaign contribution limits for candidates facing an opponent who has self-funded in excess of a trigger amount. So, if a wealthy self-financing candidate (like our own Sen. Herb Kohl or Rep. Steve Kagen) spends a sufficient amount of his or her own funds, the amount that individuals and party committees are allowed to contribute to his or her opponent increases. The Court, in a 5-4 decison, found that this provision is an unconstitutional burden on the self-financing candidate’s free speech rights.

The essential point of the paper, made on the very day that the decision came down on my personal blog (note to the Dean: see your summer research dollars at work), is that, when considered with the Court’s decision in Wisconsin Right to Life v. FEC during the previous term, Davis may well render public financing schemes unworkable.

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What Mediation Can Teach You for the Campaign Trail

I am linking here to a great post from Vicky Pynchon on how her mediation training helped her when she was canvassing for Barack Obama on Monday in Nevada. It is truly lovely — great story and great lessons.

What did I learn on the campaign trail? Other than breaking a lifetime phobia of the cold call I re-learned what I already knew from my mediation training and experience:

  1. share stories (not opinions)
  2. look for similarities rather than differences
  3. listen with a compassionate heart
  4. remember that behind every accusation and stated fear is a plea for help
  5. create/expand common ground
  6. be respectful of other people’s point of view
  7. assist people in making new or different decisions only when they ask for it

All good advice as well for the next administration!

Cross posted at Indisputably.

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The Long March

In November, 1868, the newly freed slaves in South Carolina turned out to vote in the first presidential election they had ever been allowed to participate in. It was a momentous occasion; hundreds of thousands of persons who had been deprived of their rights for centuries were now finally able to enjoy all of the privileges of citizenship, including the right of suffrage. Voting in the 1860s meant travelling long distances to the county seat to cast a ballot, often requiring an overnight stay; it was an arduous process, but they were eager to make the attempt.

But many in 1868 found that they had made the trip for nothing. Armed militias of whites, determined to prevent blacks from voting, arose all across the South, particularly in South Carolina. Acting at the direction of Democratic party leaders, these bands of vigilantes, sometimes calling themselves Ku Klux Klans, confiscated Republican ballots, threatened prospective voters, and assassinated Republican candidates for office. On the two days of the November election, hundreds of armed whites rode all over upcountry South Carolina, surrounding polling stations and preventing blacks from entering. The tactic was a success; blacks were denied the right to vote in several South Carolina counties, and the local Democratic ticket was elected by large majorities in all of them.

And so, it is a measure of the distance we have come in 140 years, that yesterday an African-American man was elected as President of the United States, on the Democratic Party ticket, in an election that was almost entirely peaceful.

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