Free Speech,Political Equality,and Campaign Finance Reform: A Paradox for Democracy?

Liberty to speak free of government interference and political equality are both essential to democracy. Yet political equality requires governmental regulation of resources needed for political speech. Analysis of Supreme Court cases, supplemented by considerations from democratic theory, suggest that this apparent paradox is better understood as a tension within the idea of free speech itself: between liberty to speak and the need for government to oversee fair distribution of resources necessary for politically effective speech. Although it is a tension worth negotiating with care, democracy simply requires fairness in distribution of politically relevant resources. The Supreme Court has erred in not reading the Constitution as mandating political equality as a fundamental right, and also in not incorporating real political equality as a compelling state interest. Therefore, the public should seek a 28th Amendment that would mandate political equality regardless of economic circumstance as a fundamental right, and inscribe into the document, for the first time, the word “democracy.”     

Really ‘Two Deeply Divided Electorates’? German Federal Elections 1990–2013

It has become both a tradition and a key feature of electoral studies after 1990 to frame the debate about German voting behaviour in terms of East and West. To study national voting patterns has become a synonym for comparing both parts of the country. The corresponding findings are frequently interpreted as an answer to the recurring question whether the Germans (still) form a disunited electorate or not. However, the comparative look at electoral results in East and West conceals regional fragmentation within both areas – the key for evaluating the relevance of East–West frictions. By analysing those aspects, which are widely believed to yield deep East–West gaps, the article shows that only left-wing voting and electoral turnout indicate two unchangingly distinct voting habits for the complete post-unification time. Right-wing voting (divergence) and volatility (convergence) in turn were subject to major shifts.     

Professional responses to ‘parental alienation’: research-informed practice

ABSTRACT

Parental alienation was historically a term rejected by courts in England and Wales, but lawyers and social workers have noted an increase in the incidence of its use, possibly driven by campaign groups and media narratives. The two statutory services that provide independent social work advice to courts in England and Wales, respectively, on children’s best interests in parenting disputes, have taken different approaches to developing practice guidance in response to concerns about the recent use of alienation terminology. A review of international research and domestic case law was undertaken as part of the development of guidance in Wales. This review revealed a dearth of reliable evidence on the concept of parental alienation, its prevalence, effects and measures for intervention. This article builds on that review and recent developments to discuss the progress being made in practice to counter myths about alienation and considers how best to support practitioners in resisting pressures to conform to these powerful narratives.