Legal Perspectives: The U.S. Election

File under: "Joe the Plumber," meet "Citizen the Voter."

No matter your name or occupation, we hope you’ll find this roundup of legal analysis relating to the election worthy of review:

A Taxing Election: Analyzing the Tax Policies of a McCain versus an Obama Administration, by OberlKaler – key analysis of the candidates’ federal tax policies and their potential impact on your finances. Joe the Plumber should have read this one before his national debut.

Pending Legislation – What the Elections Could Mean for Your Workplace, by Ford & Harrison – reviews pending legislation that could have a significant impact on the workplace, and be impacted by the candidate and Congress to take office after the elections.

Election Law Primer, by Todd Corne – Outlines what every voter should know about Federal and State election laws, including Constitutional provisions and Congressional enactments which protect and expand voter’s rights. Includes a plethora of pertinent and informative links.

It’s My Party–Or Is It? First Amendment Problems Arising from the Mixed Role of Political Parties in Elections, from the Cato Institute – An in-depth look at two recent Supreme Court decisions in 1st Amendment cases and a resulting discussion of the intimate relationship between our "private" political parties and the "public" elections process.  Is our 1st Amendment right being diminished by the very elections process we vote by? 

The Voting Rights Act at 40, from William Walls of Helium, Inc. – There is still work to be done.  Read an analysis of the history of the Voting Rights Act and draw your own conclusions as to the provisions coming up for renewal. 

Can a Bumper Sticker Get You Bumped? NLRB’s General Counsel Issues Guidelines on Political Advocacy, from Littler Mendelson  – What constitutes "going too far?"  Political Advocacy in the work place: Guidelines for employers and employees alike.

Also of interest – analysis of specific legislation that includes Obama’s and McCain’s positions:

Bush Announces Five-Year Interest Rate Freeze Agreement, by Lane Powell

Employer Mandated Wellness Initiatives. The Continuum from Voluntary to Mandatory Plans, by Littler Mendelson

"Say on Pay" Shareholder Proposals Gain Momentum In 2007 by Pryor Cashman

Section 529 Plans: A Smart Way to Save for College by OberlKaler

The Employee Free Choice Act: A Critical Analysis by Littler Mendelson

The New York State Fiscal Crisis and Special Legislative Session by Manatt, Phelps & Phillips


The documents in this 2008 U.S. election reading list were published on JD Supra by a diverse mix of leading lawyers and law firms.

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