First Amendment (Un)Exceptionalism: A Comparative Taxonomy of Campaign Finance Reform Proposals in the United States and United Kingdom

There is an urgent conversation happening among the world’s democracies about how to respond to the combined threat of online electioneering and foreign interference in domestic elections. Despite the shadow such activities cast over the 2016 presidential election in the United States, the US has been largely absent from comparative discussions about how to tackle the problem. This is not just because of a recalcitrant president. The assumption that America’s “First Amendment Exceptionalism” – the idea that American freedom of expression law is simply too much of an outlier to warrant useful comparative consideration – is strong on both sides of the Atlantic. This is especially true in regard to the regulation of political campaigns.This article challenges that assumption, and argues that America’s more libertarian approach to the legal regulation of political speech does not pose a barrier to fruitful comparative work in this area. It does so by comparing the law of the US to that of the UK. Specifically, it organizes reform proposals being considered in the US and UK into a common taxonomy, and sets out the legal standard governing each type of proposal in each country. Considering each country’s law through this organizational structure allows us to see that the legal differences between the US and UK, while significant, rarely bar the types of changes being considered in either nation. Indeed, the two countries have much to learn from each other’s efforts in this area, and lawmakers, regulators, and scholars should not hesitate to engage with the experiences of their transatlantic peers.In reaching this conclusion, the paper makes three distinct contributions. First, by clustering reform proposals into a taxonomy, it provides a structure for comparative work that will be useful not just in the US and UK, but in all countries working to bring their election laws fully into the internet era. Second, by providing an in-depth yet accessible guide to the legal structures undergirding election law in the US and UK, it provides a useful tool for scholars attempting to understand these systems. The US system in particular is often quickly dismissed by other nations, but without a deeper understanding of how and why US law has ended up as it has those nations risk inadvertently following in its footsteps. Finally, it identifies several concrete areas where the US and UK can benefit from each other’s expertise, thereby providing a roadmap for regulators, lawmakers, and reform advocates in both countries

Trafficking in Persons: U.S. Policy and Issues for Congress

[Excerpt] This report focuses on international and domestic human trafficking and U.S. policy responses, with particular emphasis on the TVPA and its subsequent reauthorizations. The report begins with a description of key TIP-related definitions and an overview of the human trafficking problem. It follows with an overview of major foreign policy responses to international human trafficking. The report then focuses on responses to trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of current anti-trafficking legislation and an analysis of policy issues

Border Security: Understanding Threats at U.S. Borders

[Excerpt] The United States confronts a wide array of threats at U.S. borders, ranging from terrorists who may have weapons of mass destruction, to transnational criminals smuggling drugs or counterfeit goods, to unauthorized migrants intending to live and work in the United States. Given this diversity of threats, how may Congress and the Department of Homeland Security (DHS) set border security priorities and allocate scarce enforcement resources? In general, DHS’s answer to this question is organized around risk management, a process that involves risk assessment and the allocation of resources based on a cost-benefit analysis. This report focuses on the first part of this process by identifying border threats and describing a framework for understanding risks at U.S. borders. DHS employs models to classify threats as relatively high- or low-risk for certain planning and budgeting exercises and to implement certain border security programs. Members of Congress may wish to use similar models to evaluate the costs and benefits of potential border security policies and to allocate border enforcement resources. This report discusses some of the issues involved in modeling border-related threats

Conception of the cognitive engineering design problem

Cognitive design, as the design of cognitive work and cognitive tools, is predominantly a craft practice that currently depends on the experience and insight of the designer. However, the emergence of a discipline of cognitive engineering promises a more effective alternative practice, one that turns on the prescription of solutions to cognitive design problems. In this paper, the authors first examine the requirements for advancing cognitive engineering as a discipline. In particular, they identify the need for a conception for explicitly formulating cognitive design problems. A proposal for such a conception is then presented

Morality in Intellectual Property Law: A Concept-Theoretic Framework

This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law) as its central focus, this concept-theoretic position is premised upon the adoption by the EU of fundamental principles, which include human rights. Therefore, given the current status of human rights within the EU, the jurisprudence of the Court of Justice of the European Union (CJEU), and, indeed, any EU law hence any EU Intellectual Property law (IP law)must be consistent with what follows logically and conceptually from the concept of a human right given by the UDHR. The paper will first present the concepttheoretic framework with reference to EU patent law arguing that some requirements need to be read into EU patent law even when not expressly stated. Furthermore, with reference to Article 6 of Directive 1998/44/EC we argue that this provision must be interpreted broadly to give full effect to human rights and human dignity. The second part of the paper looks at the CJEU ruling in Brüstle v Greenpeace (Case C-34/10 2011) as viewed from the concept-theoretic position. We argue that the CJEU reasoning is substantially sound on the requirements of the Directive and the CJEU had no option but to make the rulings it did. The third part of the paper looks at several objections raised by scientist and lawyers regarding the CJEU decision in Brüstle from the concept-theoretic position. We conclude that the CJEU has not misinterpreted the law. Finally, we conclude that the law governing the grant of patents must be read in line with the concept of human rights and human dignity

Uncovering the Moral Heuristics of Altruism: A Philosophical Scale

Extant research suggests that individuals employ traditional moral heuristics to support their observed altruistic behavior; yet findings have largely been limited to inductive extrapolation and rely on relatively few traditional frames in so doing, namely, deontology in organizational behavior and virtue theory in law and economics. Given that these and competing moral frames such as utilitarianism can manifest as identical behavior, we develop a moral framing instrument—the Philosophical Moral-Framing Measure (PMFM)—to expand and distinguish traditional frames associated and disassociated with observed altruistic behavior. The validation of our instrument based on 1015 subjects in 3 separate real stakes scenarios indicates that heuristic forms of deontology, virtue-theory, and utilitarianism are strongly related to such behavior, and that egoism is an inhibitor. It also suggests that deontic and virtue-theoretical frames may be commonly perceived as intertwined and opens the door for new research on self-abnegation, namely, a perceived moral obligation toward suffering and self-denial. These findings hold the potential to inform ongoing conversations regarding organizational citizenship and moral crowding out, namely, how financial incentives can undermine altruistic behavior