Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (23)
- University of Oklahoma College of Law (11)
- Maurer School of Law: Indiana University (6)
- Chicago-Kent College of Law (3)
- Columbia Law School (3)
-
- Selected Works (3)
- University of Florida Levin College of Law (3)
- University of Georgia School of Law (3)
- University of Michigan Law School (3)
- Brooklyn Law School (2)
- Duke Law (2)
- Florida State University College of Law (2)
- University of Colorado Law School (2)
- University of Richmond (2)
- University of Washington School of Law (2)
- American University Washington College of Law (1)
- Cal Poly Humboldt (1)
- Campbell University School of Law (1)
- City University of New York (CUNY) (1)
- Cornell University Law School (1)
- Embry-Riddle Aeronautical University (1)
- Louisiana State University (1)
- Loyola Marymount University and Loyola Law School (1)
- Mercer University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Roger Williams University (1)
- Sacred Heart University (1)
- Seattle University School of Law (1)
- Texas A&M University School of Law (1)
- Keyword
-
- Apportionment (21)
- Election Law (21)
- Gerrymandering (21)
- Election Districts (10)
- Elections (9)
-
- Voting (8)
- Voting Rights (7)
- Campaign finance (6)
- Partisanship (6)
- Redistricting (6)
- Voting Rights Act of 1965 (6)
- Election law (5)
- First Amendment (5)
- Voting rights (5)
- History (4)
- United States Supreme Court (4)
- Voting Rights Act (4)
- Districting (3)
- Fourteenth Amendment (3)
- Congress (2)
- Congressional districts (2)
- Constitution (2)
- County of Shelby v. Holder (133 S. Ct. 2612 (2013)) (2)
- Dark money (2)
- Democracy (2)
- Demographics (2)
- Discrimination (2)
- Fifteenth Amendment (2)
- Florida (2)
- Government (2)
- Publication
-
- William & Mary Law Review (16)
- Oklahoma Law Review (11)
- Faculty Scholarship (5)
- Articles (3)
- Articles by Maurer Faculty (3)
-
- Chicago-Kent Law Review (3)
- Indiana Law Journal (3)
- William & Mary Law Review Online (3)
- Florida Law Review (2)
- Georgia Law Review (2)
- Michigan Law Review Online (2)
- Popular Media (2)
- Publications (2)
- Scholarly Publications (2)
- University of Richmond Law Review (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Brigham Daniels (1)
- Brooklyn Journal of International Law (1)
- Brooklyn Law Review (1)
- Campbell Law Review (1)
- Catholic University Journal of Law and Technology (1)
- Center for the Advancement of Public Integrity (Inactive) (1)
- Dissertations, Theses, and Capstone Projects (1)
- Faculty Articles and Papers (1)
- Faculty Publications (1)
- History Faculty Publications and Presentations (1)
- IdeaFest: Interdisciplinary Journal of Creative Works and Research from Cal Poly Humboldt (1)
- Journal of Digital Forensics, Security and Law (1)
- Journal of Intellectual Property Law (1)
- LSU Master's Theses (1)
- Publication Type
Articles 1 - 30 of 98
Full-Text Articles in Entire DC Network
Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot
Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot
Journal of Digital Forensics, Security and Law
This paper is designed to expose vulnerabilities within the US electoral system, the use of cyberspace to exploit weaknesses within the information assurance strategies of the democratic and republican party organizations, and deficiencies within the social media communications and voting machine exploits. A brief history of discriminatory practices in voting rights and voting access will be set as the foundation for the argument that the system is vulnerable in the cyber age, and the need for reform at the local, state and national levels will be emphasized. The possibility of a foreign nation-state influencing the outcome of an election by …
A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green
A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green
Popular Media
No abstract provided.
Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law
Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis
The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis
UF Law Faculty Publications
This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race, and ratification of …
A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Cody S. Barnett, Joshua A. Douglas
A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Cody S. Barnett, Joshua A. Douglas
William & Mary Law Review
Justice John Paul Stevens retired from the Supreme Court almost a decade ago and turned ninety-eight years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that federal courts use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of his …
Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall
Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall
University of Richmond Law Review
No abstract provided.
Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow
Journal of Intellectual Property Law
No abstract provided.
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
Luz Herrera
This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …
Counterfeit Campaign Speech, Rebecca Green
Is Groton The Next Evenwel?, Paul H. Edelman
Is Groton The Next Evenwel?, Paul H. Edelman
Michigan Law Review Online
In Evenwel v. Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of "one person, one vote" (OPOV). It was thought that there was little prospect of resolving this question soon as no appropriate instances of such behavior were known. That belief was mistaken. In this Essay I report on the Town of Groton, Connecticut, which uses registered voter data to apportion seats in its Representative Town Meeting and has done so since its incorporation in 1957. …
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
Brooklyn Law Review
The U.S. Supreme Court struck down the coverage formula of the Voting Rights Act (VRA) in Shelby County. v. Holder in 2013. Members of Congress have attempted to renew the VRA with an updated coverage formula through the Voting Rights Advancement Acts of 2015 and of 2017. Unfortunately, Congressional Republicans have not supported either bill. Even if passed in its current form, the Supreme Court is likely to strike down the Voting Rights Advancement Act of 2017 (VRAA) for violating the principle of “equal sovereignty between the States” as set forth by the Court in Shelby County. Therefore, this note …
The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford
Chicago-Kent Law Review
Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois's political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Polls show the vast majority of Illinoisans support such a change. Reformers have chosen Illinois's citizen ballot initiative as their vehicle to amend the redistricting process, but every proposed initiative has been struck down in court before reaching voters. Most recently, the Illinois Supreme Court rejected a proposed initiative in Hooker v. Illinois State Board of Elections. This Note argues …
The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill
The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill
Seattle University Law Review
The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally feasible. A …
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Loyola of Los Angeles Law Review
No abstract provided.
What Has Twenty-Five Years Of Racial Gerrymandering Doctrine Achieved?, Michael J. Pitts
What Has Twenty-Five Years Of Racial Gerrymandering Doctrine Achieved?, Michael J. Pitts
UC Irvine Law Review
In 1993, Shaw v. Reno created a doctrine of racial gerrymandering that has now been in existence for twenty-five years. This Article examines the doctrine’s impact over that time—whether it has achieved the goals the Court set out for the doctrine in Shaw and whether it has had other consequences. This Article examines the doctrine’s impact through the lens of the place where the doctrine first took root and has been most heavily litigated over the last twenty-five years—North Carolina’s congressional districts. This Article also draws upon the existing empirical literature in its assessment of the doctrine’s impact. In so …
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Chicago-Kent Law Review
This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on the other. …
The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth
The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth
Chicago-Kent Law Review
This Essay examines a polarized world of advocacy over campaign finance regulation in the Roberts Court. It considers what lawyers who filed party and amicus briefs in Citizens United v. Federal Election Commission have to say about the consequences of the decision. It shows that the lawyers generally agree about the ruling’s direct consequences but strongly disagree about whether those consequences are good or bad for the country and what lessons the public should draw. This Essay also explores the competing frames that these lawyers bring to questions about money in politics and their competing perspectives about government and where …
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Robert Probasco
In recent years, there have been several high-profile prosecutions for violations of the Federal Election Campaign Act, involving contributions nominally by one individual but funded or reimbursed by another individual deemed to be the true contributor. Prosecutions of these “conduit contribution” cases have been surprising in at least three significant respects. First, the prosecutions have been based on violations of FECA’s reporting requirements and may not have involved any violations of the substantive prohibitions or limitations of contributions. Second, the defendants were the donors rather than campaign officials who actually filed reports with FECA. Third, the cases were prosecuted as …
A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale
A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale
Minnesota Journal of Law & Inequality
Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017
How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard
How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard
LSU Master's Theses
Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may …
Teaching Apportionment, Charles M. Biles
Teaching Apportionment, Charles M. Biles
IdeaFest: Interdisciplinary Journal of Creative Works and Research from Cal Poly Humboldt
No abstract provided.
State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart
State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart
Michigan Law Review Online
Partisan gerrymandering is the process of drafting state and congressional districts in a manner that gives one political party an advantage over another. The end goal is simple: help your party win more seats or protect existing ones. The tactic is as old as the United States. In 1788, Patrick Henry convinced the Virginia state legislature to draw the 5th Congressional District to pit his rival James Madison against James Monroe. The term “gerrymander” itself is a hybrid: in 1810, democratic Governor Gerry signed a partisan redistricting plan into law—one that contained a district that infamously looked like a salamander. …
When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta
When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta
Brooklyn Journal of International Law
Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the …
Appendix: Text And Precedent For Representational Adequacy Claims Under Fifty State Constitutions, Christopher S. Elmendorf
Appendix: Text And Precedent For Representational Adequacy Claims Under Fifty State Constitutions, Christopher S. Elmendorf
William & Mary Law Review Online
This Appendix supplements the Article, From Educational Adequacy to Representational Adequacy: A New Template for Legal Attacks on Partisan Gerrymanders in the print edition of the William & Mary Law Review.
Appendix: A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang
Appendix: A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang
William & Mary Law Review Online
Here, we present our findings, analogous to those on the efficiency gap in Part I.B of our Article published in the print edition of the William & Mary Law Review, on the other measures of partisan fairness.
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin
William & Mary Law Review Online
Charming and irresistible as it is, the nineteenth-century slang term “gerrymander” cannot generate an equal protection standard to transform congressional and state legislative redistricting in the twenty-first century.
Judicial Candidates’ Right To Lie, Nat Stern
Judicial Candidates’ Right To Lie, Nat Stern
Maryland Law Review
, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge, however, …
Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba
Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba
SAIPAR Case Review
No abstract provided.
Black And White Make Gray: Common Cause V. Kemp, What's The Trigger For Purging Voters?, Caitlin Wise
Black And White Make Gray: Common Cause V. Kemp, What's The Trigger For Purging Voters?, Caitlin Wise
Mercer Law Review
Imagine showing up to the voting poll, eager to vote and to show support for a candidate, and waiting in a long line, possibly in the cold. Then imagine handing your identification over only to be told you were not on the voter registration roll. This is what happened to 100,000 voters in the 2016 presidential primary election when they were purged from the voter registration rolls. Because of the voter purging, they were unable to cast their vote in a controversial and close election. ABC News reported many voters who were removed from voting registration rolls were from low-income …
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Dissertations, Theses, and Capstone Projects
This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …