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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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