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Child Rights & Remedies Fall 2012. Class 2. Time Horizon. Immediate. Legacy. Organization. Highly Organized. Diffuse. Third factor: Wealth. Children do not directly manifest organized wealth and represent a long-term , diffuse interest. Growth of Horizontal Associations.
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Child Rights & RemediesFall 2012 Class 2
Time Horizon Immediate Legacy Organization Highly Organized Diffuse
Third factor: Wealth Children do not directly manifest organized wealth and represent a long-term, diffuse interest.
Growth of Horizontal Associations • Noerr-Pennington Exemption • 20,000 Lobbyists
Factors Favoring Left Spectrum in Legislature • Campaign Finance (age, avoiding limits, cost increase, effect of Citizens United) • Lobbying (K Street vs. AARP vs. children) • Conflicts of Interest (revolving door)
Factors Favoring Left Spectrum in Executive Branch • Campaign Finance of Appointers • Lobbying • Conflicts of Interest
Factors Favoring Left Spectrum in Judiciary • Passivity and Access • Remedy • Standing • Finance
Procedural Mechanisms in Judiciary • Class Action • Writs of Mandamus • Declaratory Relief • Attorney Fee Shifting Statutes
Campaign Finance Reform • Contribution Limitations • Reporting of Contributions • Public Finance • Clean Money • Matching Funds • Tax Credits • Patriot Dollars • Free Media
Lobbying Reform • Job Offers • Gifts • Ex Parte Rules (PUC)
Judicial Reform • Adversary vs. Code Model (Less Passive, e.g., Juvenile Court) • Class Action Liberation • Access
Basic Jurisprudence Note Federal Constitution State Constitution Federal Statute State Statute Federal Rule State Rule
Child Advocacy Tools • Media • Organizing Others • Legislative History • Using Constitutional or Legislative Floors
Using Federal Floors • Supremacy (14th Amendment) • Interstate Commerce • Condition of Federal $ • Use of Federal $
4 Levels of Federal $ • Federal $ = state must or cannot … • Federal $ = state entity assisted must or cannot … • Federal $ = fund of $ with state required match must or cannot … • Federal $ = fed $ must or cannot …