Download This PaperJustice Kennedy's Democratic Dystopia
6 Pages Posted: 21 Jun 2016
Date Written: June 19, 2016
Abstract
This essay aims to disturb the myth of judicial competence in the area of campaign finance law by denuding several of the assumptions of the majority opinion in Citizens United v. FEC. Using the unmasking of the Court's epistemic pretensions as a point of departure, the essay begins to sketch a framework for a theory of democratic politics that permits a more substantial regulation of money.
Suggested Citation: Suggested Citation
Smith, Terry, Justice Kennedy's Democratic Dystopia (June 19, 2016). University of Pennsylvania Law Review, Vol. 164, No. 5, 2016, Available at SSRN: https://ssrn.com/abstract=2797830
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