Cordovas counsel specifically relied on, and provided copies of, reported opinions striking down similar one-sided small-loan company arbitration clauses on an explicit unconscionability theory. The district court ruled in favor of Cordova without stating the basis for its order. Cordova sued World Finance over its collection practices, but World Finance insisted that, while it could sue her, the only way she could redress her grievances was to submit to arbitration by a third party contracted by World Finance. Cordova’s right to a day in court.

Campaign finance reform, such as the McCain-Feingold bill, falls into the latter two categories. It is particularly destructive to society, and it is particularly foolish. Campaign finance reform has always been about cleaning up the political system. Campaign finance reformers claim that the flow of contributions and expenditures undermines both political equality and the quality of public discourse. Their opponents criticize the regulation of political money, arguing that spending and giving money are legitimate forms of political speech, deserving constitutional protection.

Campaign finance reform will be dead. If, on the other hand, the Democratic nominee wins with public financing, when he or she could have spent much more, with a much greater financial advantage, by opting out, the possibility of selling and enacting full public financing will never be greater.

Voter-Owned Elections (VOE) is a system of campaign finance adopted by the City of Portland in 2005. It is a cost effective reform that increases public confidence in the political process and makes the system more accessible to all. Voters are entitled to know before an election, not after, whose promises are being funded. Both the DEA and the Australian Electoral Commission (AEC) have also pointed to a lack of compliance by the major parties and the AEC has expressed concern on a number of occasions about a culture of evasion (Australian Electoral Commission 2004). Voters might be allowed to opt-out of some candidates and not others with a web check form.

Voter-Owned Elections is a practical, proven reform that puts voters in control of the electoral process. Candidates that demonstrate broad community support can qualify for full public funding for their campaigns, freeing them from the private money chase to spend more time with constituents talking about community issues. Voters mark their ballots either by hand or by non-tabulating ballot marking devices. And we have to have strong audits—no question about it—but these ballots are counted via optical scan machines and can be audited.