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97 Marq. L. Rev. 903 (2013-2014)
The Real Problem with Citizens United: Campaign Finance, Dark Money, and Shadow Parties

handle is hein.journals/marqlr97 and id is 935 raw text is: MARQUETTE LAW REVIEW Volume 97 Summer 2014 Number 4 BODEN LECTURE MARQUETTE UNIVERSITY LAW SCHOOL OCTOBER 7,2013 THE REAL PROBLEM WITH CITIZENS UNITED: CAMPAIGN FINANCE, DARK MONEY, AND SHADOW PARTIES HEATHER K. GERKEN INTRODUCTION ................................... ......904 I. THE REAL PROBLEM WITH CITIZENS UNITED ..................906 A. Why the Court's Rulings on Corporations and Austin Were Doctrinal Sideshows ................... ......907 B. Why the Court's Ruling on Corruption Mattered ...................908 II. DARK MONEY AND SHADOW PARTIES ............. .........910 A. The Challenge of Party Regulation: Political Elites as Shape-Shifters .................................... 911 B. Parties as Shape-Shifters...........................912 1. The Presidential Nomination Process ........ .......913 2. Shape-Shifting and Party Regulation in Wisconsin...........914 C. Independent Spending in 2012 and Beyond: The Rise of Shadow Parties?. ........................... .....915 1. SuperPACs and Nonprofits: The New Home for Party Elites? . ........................... ...........916 *J. Skelly Wright Professor of Law, Yale Law School. What follows is a lightly footnoted, lightly edited version of the speech I delivered as the Boden Lecture at the Marquette University Law School. Many thanks to the dean and faculty of Marquette University Law School for giving me this extraordinary opportunity and offering such helpful comments. Thanks also to Ana Mufioz for a comment in class that prompted me to think harder about the role of the party faithful.

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