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Entrenching the duopoly: why the Supreme Court should not allow the states to protect the Democrats and Republicans from political competition

Article Abstract:

The US Supreme Court wrongly supported the duopoloy of the two-party political system in its 1997 Timmons v. Twin Cities Area New Party decision. The decision banned a candidate's right to associate with more than one party. The Supreme Court failed to justify two-party system's necessity or the Court's right to uphold the necessity. Arguments that a two-party system promotes stability and enhances voting cannot be proven. The decision violated the candidate's First Amendment rights.

Author: Hasen, Richard L.
Publisher: University of Chicago Press
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
Political parties, Freedom of association

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O'Hagan's problems

Article Abstract:

The US Supreme Court's definition of securities fraud in United States v. O'Hagan does not answer a related and continually difficult question about how much material non-public information one must disclose in a securities transaction. United States v. O'Hagan is concerned with information acquired by a fiduciary through deceit. The case decision does not concern itself with other types of advantageous information.

Author: Brudney, Victor
Publisher: University of Chicago Press
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
Securities fraud, Disclosure (Securities law)

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Subjects list: United States, Cases, Surveys, United States. Supreme Court
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