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The New Paradigm Revisited (with Bruce Ackerman), 91 California Law Review 743 (2003)


Let's begin with the very idea of a "new paradigm": are there distinctive ideas organizing our particular proposals, and if so, what are they? Our commentators profess varying degrees of skepticism, and we hope to allay their doubts with a two-part answer. The first emphasizes principle; the second is more pragmatic. We begin with a framework that isolates our basic normative concerns; we continue with an instrumental assessment of the "secret donation booth" as a policy tool; we conclude by asking whether these principled and pragmatic perspectives provide the basis for a "new paradigm"—a distinctive and coherent approach to the problem of campaign finance.

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