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9 Duke J. Const. L. & Pub. Pol'y 103 (2014)
Classifying Corruption

handle is hein.journals/dukpup9 and id is 105 raw text is: CLASSIFYING CORRUPTION YASMIN DAWOOD* Why is corruption wrong? This Article argues that there are two main approaches to conceptualizing the wrong of corruption: first, corruption as an abuse of power; and second, corruption as inequality. In addition, I claim that there is a conceptual convergence between these two approaches. As a result, many forms of corruption can be framed as either an abuse of power and/or as a violation of equality. I show that even quid pro quo corruption can be framed in equality terms-a surprising outcome given the Supreme Court's acceptance of quid pro quo corruption and rejection of equality-based corruption. This Article also considers Lawrence Lessig's theory of dependence corruption, which does not seem to fit readily in the two approaches described above. I suggest, first, that dependence corruption is not fully consistent with an originalist understanding of corruption, and second, that the wrong at issue in dependence corruption is ultimately a concern about representation. In addition to developing a conceptual map of corruption, this Article also focuses on the theoretical puzzles and challenges posed by corruption. For corruption as inequality, I identify seven forms that it could take, and I show how some of these forms have manifested in the Court's campaign finance decisions. For corruption as the abuse of power, I consider three conceptual challenges: the distinction between acceptable and corrupt political gain the distinction between the public interest and private interests; and the distinction between acceptable and corrupt legislative responsiveness. I argue these conceptual challenges make it difficult to distinguish corruption from ordinary democratic politics. Copyright © 2014 Yasmin Dawood. * Associate Professor of Law and Political Science, University of Toronto; Ph.D. (Political Science), University of Chicago; J.D., Columbia Law School. My thanks to Guy Charles, Jim Gardner, Rick Hasen, Ellen Katz, Gene Mazo, Zephyr Teachout, and the participants at the Future of Campaign Finance Reform symposium at Duke University School of Law for very helpful comments and conversations. I would also like to thank Will Messick, Todd Noelle, and the editors of the Duke Journal of Constitutional Law & Public Policy for their superb editorial work. I can be reached at yasmin.dawood@utoronto.ca.

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