Fordham Urban Law Journal Volume 27 | Number 1 Article 3 1999 History Repeating Itself: The D( )evolution of Recent British and Antiterrorist Antiterrorism Legislation Gregory C. Clark Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Other Law Commons Recommended Citation Gregory C. Clark, History Repeating Itself: The (D)evolution of Recent British and Antiterrorist Antiterrorism Legislation, 27 Fordham Urb. L.J. 247 (1999). Available at: https://ir.lawnet.fordham.edu/ulj/vol27/iss1/3 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. History Repeating Itself: The D( )evolution of Recent British and Antiterrorist Antiterrorism Legislation Cover Page Footnote J.D. Candidate, Fordham University School of Law, 2000; B.A., University of Notre Dame, 1997. Tremendous thanks to Sonia Bhatnager for her "constructive" criticism, Bob Schumacher for his push towards perfection and Vivian Encarnacion for her tireless mediation. I would also like to thank my parents for their love and honesty, without which, none of this would be possible. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol27/iss1/3 FORDHAM URBAN LAW JOURNAL FROM THE GROUND UP: LOCAL LESSONS FOR NATIONAL REFORM A CONFERENCE SPONSORED BY THE NEW YORK CITY CAMPAIGN FINANCE BOARD AND THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK JOSEPH A. O'HARE, S.J. Chairman New York City Campaign Finance Board MICHAEL A. COOPER President Association of the Bar of the City of New York NICOLE A. GORDON Executive Director New York City Campaign Finance Board FORDHAM URBAN LAW JOURNAL [Vol. XXVII FROM THE GROUND UP: LOCAL LESSONS FOR NATIONAL REFORM A Conference Sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York LIST OF PARTICIPANTS JILL ABRAMSON JOEL GORA LARRY MAKINSON Dep. Bur. Chief Wash., D.C., General Counsel, Executive Director, New York Times New York Civil Liberties Union Center for Responsive Politics REBECCA AVILA NICOLE A. GORDON JOSEPH MERCURIO Executive Director, Executive Director, Political Consultant L.A. City Ethics Committee New York City Campaign Finance Board MARTIN BEGUN BILL GREEN LAWRENCE M. NOBLE Member, Member, General Counsel, New York City Campaign New York City Campaign Federal Election Commission Finance Board Finance Board MATTHEW CAROLAN MARK GREEN JOSEPH A. O'HARE. S.J. Executive Editor, Public Advocate, Chairman, The National Review The City of New York New York City Campaign Finance Board MICHAEL A. COOPER KEN GROSS TREVOR POTTER President, Partner, Partner, Association of the Bar of the Skadden, Arps, Slate, Meagher Wiley, Rein & Fielding City of New York & Flom LLP KATHLEEN CZAR FRED HERRMANN, Ph.D. FREDERICK A.O. Executive Director, Executive Director, SCHWARZ, JR. MN Democratic-Farmer-Labor New Jersey Election Law Partner, Party Enforcement Commission Cravath, Swaine & Moore JOHN DOOLITITLE HAROLD M. ICKES CHRIS SHAYS United States Representative, Principal, United States Representative, California The Ickes & Enright Group Connecticut JOHN D. FEERICK KEVIN KENNEDY ROBERT STERN Dean, Executive Director, Co-Director, Fordham University Wisconsin Election Board Center for Governmental Studies School of Law JOHN FUND EDWARD I. KOCH PAUL TAYLOR Editorial Board Member, Former Mayor, Executive Director, The Wall Street Journal The City of New York Alliance for Better Campaigns This conference was funded in part by grantsfrom the New York Community Trust and the Joyce Foundation. 1999] LOCAL LESSONS FOR NATIONAL REFORM 3 FROM THE GROUND UP: LOCAL LESSONS FOR NATIONAL REFORM A Conference Sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York* TABLE OF CONTENTS INTRODUCTION ................................................ 5 Nicole A. Gordon W ELCOMING REMARKS ....................................... 10 Michael A. Cooper Joseph A. O'Hare, S.J. OPENING REMARKS: THE STATES AND CITIES AS FEDERAL LABORATORIES OF DEMOCRACY ...................... 14 FrederickA. 0. Schwarz, Jr. DEMOCRACY AT A FAIR PRICE? PUBLIC FINANCING OF ELECTIONS ............................................. 24 Trevor Potter (Moderator) Kathleen Czar John Fund Harold M. Ickes Kevin Kennedy LOCAL INNOVATIONS AND PRACTICAL ANSWERS TO CAMPAIGN COSTS ..................................... 60 Bill Green (Moderator) Joel Gora Mark Green Joseph Mercurio Paul Taylor ADDRESS: THE NEW YORK CITY EXPERIENCE: LESSONS FOR A NATIONAL FUTURE ............................. 85 Hon. Edward I. Koch * This conference was held at the Association of the Bar of the City of New York on November 9, 1998. It has been edited to remove the minor cadences of speech that appear awkward in writing. 4 FORDHAM URBAN LAW JOURNAL [Vol. XXVII Is "SUNLIGHT" ENOUGH? THE LIMITATIONS OF D ISCLOSURE ........................................... 94 John D. Feerick (Moderator) Jill Abramson Matthew Carolan John Doolitle Fred Herrmann, Ph.D. Larry Makinson POLICING THE POLITICIANS: MODELS FOR EFFECTIVE ENFORCEMENT ......................................... 126 Nicole A. Gordon (Moderator) Rebecca Avila Ken Gross Lawrence M. Noble Trevor Potter CLOSING REMARKS: THE BEST LOCALITIES HAVE TO OFFER - HOW TO MAKE WASHINGTON LISTEN ....... 156 Chris Shays INTRODUCTION ' As this issue of the Fordham Urban Law Journal goes to press, campaign finance reform at the federal level has emerged as a core campaign issue for former Senator Bill Bradley and Senator John McCain as they seek the Democratic and Republican nominations for president. In fact, the front page of the "newspaper of record" frequently carries stories that describe campaign finance scandals.' The issue of campaign finance reform has occupied an increas- ingly dominant place in American politics. Campaign finance re- form legislation has languished at the federal level while states and cities have enacted various laws intended to curtail the pernicious effects of large political contributions and, in some jurisdictions, to alleviate the demand for these contributions by providing public funds to candidates. Nationwide, for example, more than thirty ju- risdictions now have some program for providing public funds for political campaigns.2 These field experiments in campaign finance reform are invaluable sources of information and experience for reformers and legislators who grapple with the complex issues of electoral reform. This information and experience, however, has been largely ig- nored by those who have discussed campaign finance reform at the federal level. Indeed, numerous well-intentioned proposals to change the system, ranging from modest attempts to curtail the use and flow of "soft money," to more far-reaching plans to require one hundred percent public funding of campaigns, have often lacked reference to the reform programs in the United States that have enjoyed records of genuine success in the effort to control the role of money in politics. Accordingly, this issue of the Fordham Urban Law Journal presents the proceedings of a national conference on campaign fi- nance reform held on November 9, 1998, and jointly sponsored by the New York City Campaign Finance Board (the "Board") and 1. See, e.g., Adam Clymer, From High to Low, Hopefuls for 2000 Are Awash in Funds, N.Y. TIMES, July 12, 1999, at Al; Alison Mitchell, Congress Chasing Campaign Donors Early and Often, N.Y. TIMES, June 14, 1999, at Al; Jill Abramson, The Busi- ness of Persuasion Thrives in Nation's Capital, N.Y. TIMES, Sept. 29, 1998, at Al; Al- bert R. Hunt, To the Campaign ContributorsGo the Tax-Cut Spoils, WALL ST. J., Aug. 5, 1999, at A19; Phil Kuntz & Glenn R. Simpson, Flush Bush Undercuts FederalFund- ing of Campaigns, WALL ST. J., July 1, 1999, at A24; Albert R. Hunt, The Other Polit- ical Scandal in Washington, WALL ST. J., Nov. 12, 1998, at A22. 2. See EDWARD D. FEIGENBAUM & JAMES A. PALMER, CAMPAIGN FINANCE LAW 96: A SUMMARY OF STATE CAMPAIGN FINANCE LAWS WITH QUICK REFERENCE CHARTS Chart 4 (1996) (listing states with special tax or public financing provisions). 6 FORDHAM URBAN LAW JOURNAL [Vol. XXVII the Association of the Bar of the City of New York (the "Associa- tion"). Entitled From the Ground Up: Local Lessons for National Reform, the conference brought together practitioners of the field, including a diverse group of journalists, elected officials and local and national government administrators, to discuss what lessons could be learned from nearly twenty-five years of local campaign reform efforts. It attracted an audience from around the country and was rebroadcast several times on C-SPAN. This conference and the resulting materials, such as this publication, represent an effort to bring knowledge gained from local experiments to the at- tention of those involved in reform at the federal level. The New York City Campaign Finance Program (the "Pro- gram") is itself one such experiment. In 1988, then-Mayor Edward I. Koch and City Council Majority Leader (and current Speaker) Peter F. Vallone enacted New York City's first-ever program of public financing. This comprehensive Program, known as the New York City Campaign Finance Act, 3 regulates campaigns for candi- dates for the offices of Mayor, Public