Prof. James Sample on Contributions, Expenditures and Caperton Contributions

Sample: Contributions, Expenditures, and Caperton Contributions
By James Sample
Election Law Blog
August 20, 2010


Rick Hasen is a friend and mentor for whom I have the utmost respect and admiration. And–in yet another testament to Rick exemplifying the highest, but oft-ignored ideals of the blogging genre–he invited this guest post precisely because he knows that I disagree with him, though only with respect to one small part of his analysis.

In June, 2009, Rick did something rather remarkable on this blog: he suggested that a Supreme Court Justice had made an inadvertent error in Caperton v. A.T. Massey Coal Co. Inc., radically changing its meaning. In blogging on the date of the decision in Caperton, involving constitutional standards dictating when a judge must recuse himself based on campaign contributions, Rick noted that “given the key distinction in campaign finance law between contributions and expenditures,” he “thought it was very curious that Justice Kennedy frames the issue at the beginning of the case as follows: ‘The basis for the motion was that the justice had received campaign contributions in an extraordinary amount from, and through the efforts of, the board chairman and principal officer of the corporation found liable for the damages.'”

Read the full article at electionlawblog.org.

Latest Tweets

  • Watch Prof. @jamesjsample discuss articles of impeachment and the latest on the impeachment process with… https://t.co/dsiFA438ol
    about 5 days ago
  • Prof. Fred Klein Presents to Nassau County District and County Court Judges on New Criminal Discovery Law in New Yo… https://t.co/0gnceVkLZQ
    about 6 days ago
  • Prof. Andrew Schepard Presents on Forensic Parenting Evaluations at 10th Judicial District 3rd Annual Matrimonial C… https://t.co/XEeEnJx6vh
    about 6 days ago
  • Prof. Norman Silber Presents on the ‘Revolt Against the Regulation of Philanthropy’ at 2019 ARNOVA Annual Conference https://t.co/eSw9yEQNHR
    about 6 days ago
  • Article by Prof. Norman Silber on Foreign Interference in National Elections Published in Northwestern University L… https://t.co/xh6W6WYZfP
    about 6 days ago
  • Watch Prof. @jamesjsample discuss the latest regarding the impeachment inquiry with @PIXScott on @PIX11News:… https://t.co/p3nyM9uoc1
    about 7 days ago