Category: Const Law Issues

“Particularly vague” honest services fraud law update

The Times reports on the long-standing controversy over the honest services fraud law. The “honest services” law, Justice Scalia explained, says that “officeholders and employees owe a duty to act only in the best interests of their constituents and employers.” Carried to its logical extreme, he said, “it would seemingly cover a salaried employee’s phoning […]

Professor “If I am getting that right” Hayward on categorical spending bans

Professor Allison Hayward wrote this analysis for The Examiner discussing implications of a categorical ban on corporate or union spending and Citizens United.  During reargument in Citizens United, Chief Justice Roberts asked a question about the history of the corporate ban detailed in Professor Hayward’s brief (page 69 of the transcript).